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MARCH 18, 2014
The
Regular Meeting
of the
was held on this date with
the following Commissioners present:
The Chairman called the meeting to order at 9:30 a.m. The Invocation was given by Pastor
ANNOUNCEMENTS
Referring to the
Revised Agenda Recap Sheet
dated March 18, 2014, the Chairman announced
that:
There are two (2) Walk-Ons: Walk-On Item No. 1 and Walk-On Item No. 2.
Walk-On Item No. 2 will be taken during the Ceremonial Presentation. Commissioner
Hamman moved approval, seconded by Commissioner Manning, called and carried.
THE PRESENTATIONS WERE HEARD IN REVERSE ORDER.
CEREMONIAL PRESENTATIONS
1.
employees.
(#20140083-
Human Resources)
adversity, maintained a positive attitude toward their job and life in general and inspired others. Ms. Figueroa
honoring his many accomplishments and efforts both in our community and beyond Lee County and on this
milestone in his ministry. Rabbi Agin accepted the Resolution and thanked the Board.
3.
Presentation recognizing Girl Scout Week.
(#20140109-
Commissioner Hamman)
Commissioner Hamman read and presented a Ceremonial Resolution proclaiming Girl Scout Week,
applauding the Girl Scouts of the United States of America and our local council, the Girl Scouts of Gulfcoast
Florida for their years of leadership and expertise as the voice for and of girls. Council President Ann
Carrasquillo, accepted the Resolution and thanked the Board.
4.
Presentation recognizing National Surveyors Week.
(#20140120-
Commissioner Manning)
Commissioner Manning read and presented a Ceremonial Resolution proclaiming the week of March 16-22,
WALK-ON ITEM NO. 2 WAS HEARD AT THIS TIME. SEE THAT ITEM FOR ACTION TAKEN.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
The following are the Agenda items that each Board member wished to have discussed:
Commissioner Manning - None
Commissioner Pendergrass - None
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Commissioner Kiker - None
Commissioner Hamman – Item 9
Commissioner Mann - None
2
AGENDA ITEMS
1. COUNTY MANAGER – Use of traffic fine assessments for LCSD driver education
programs:
Provides approval for the release of funds collected for use of the Drivers Education Summer
Program with the
These funds will be used for direct educational
expenses for the spring driver education programs running from January 25, 2014 through April
26, 2014 at 13 public and nonpublic high schools. The programs are anticipated to serve an
estimated 156 students over the ten week period.
(#20140090-
COUNTY MANAGER)
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
2. COMMUNITY DEVELOPMENT – Approve school impact fee agreements with project
developers:
This item would approve two School Impact Fee Agreements between the County and the owners
of two large projects (
Alico Interchange Park
and
regarding school impact
fees. These projects were approved prior to the enactment of school impact fees in 2001 but
because they were DRI’s (Developments of Regional Impact) they were required to mitigate their
impacts under Florida Statutes (380.06). As mitigation, the developer dedicated a school site to
the School District and constructed road access improvements. The DRI Development Orders
provided that the developers were entitled to impact fee credits for the school site and road access
improvements if the County enacted a school impact fee at a later date. The developers have
received school impact fees credits for each residential dwelling unit within the projects since the
adoption of the Ordinance in 2001 in recognition of the land dedication and road improvements
provided. The proposed School Impact Fee Agreements will formalize the impact fee credits due
to the developers and provide a mechanism for staff to track the credits and ensure that approved,
but as yet unbuilt dwelling units are not charged school impact fees when they apply for building
permits.
(#20140088-
COMMUNITY DEVELOPMENT)
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
3. COMMUNITY DEVELOPMENT – Adopt affordable housing plan to allow for receipt of
state funding:
This item is an update to the Local Housing Assistance Plan which allows the County to receive
state funding for affordable housing through
SHIP,
the State’s affordable housing assistance
program. The SHIP program derives its funds from a surcharge on documentary stamps. Money
is distributed from the state to eligible municipalities and counties utilizing a formula based on
population. The county is not required to provide any matching funding to participate in the SHIP
program.
(#20140102-
COMMUNITY DEVELOPMENT)
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 14-03-07
4. COMMUNITY DEVELOPMENT – Eliminate four (4) lot mowing liens to facilitate
affordable housing:
Allows assessment liens on 4 properties in Harlem Heights to be removed to facilitate acquisition
mowing violations on the four properties, totaling $4,513.63.
(#20140106-
COMMUNITY DEVELOPMENT)
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
5. COUNTY LANDS – Easement acquisition for Homestead Road widening project:
This item is to approve the
purchase of two easements
necessary for the Homestead Road
Widening Project No. 5063 in Lehigh Acres for $2,000. Acquiring these easements without using
eminent domain is estimated to save the County $10,000 in litigation fees and costs. The 2.26
mile widening project is planned for 2015-2016 construction. Funding for these purchases is
budgeted in FY 2013/14 CIP from road impact fees within the Central District. The total number
of parcels acquired is 19, with 48 parcels still to be acquired.
(#20140107-
COUNTY LANDS)
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
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6. FACILITIES – Expend $216,554.13 for fuel contamination remediation and monitoring:
In late August 2013 a fuel filter feeding one of the emergency generators at the Ortiz Compound
failed. The resulting crack in the filter bowl caused approximately 600 gallons of diesel fuel to
leak into the ground before the leak was noticed on a routine tour of the building. In order to
contamination had to be contained immediately. Also all contaminated fuel and soil had to be
removed immediately. Steps were immediately taken to contain the fuel and prevent its further
spread. A state licensed remediation company was called in to coordinate the clean-up and work
with State DEP to ensure that all the proper steps were taken and recordings begun. After the
clean-up was completed, test wells were put in place with samples being taken as required
ensuring that no further contamination spread is occurring. The cost for the work to date and the
estimated one year of monitoring will amount to $216,554.13. This will be funded from the
County’s All Hazard reserves and insurance reimbursement will be pursued.
(#20140095-
FACILITIES SERVICES)
3
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
7. LIBRARY – Accept monetary donations:
Authorizes acceptance of a monetary donation in the amount of $3,605 from the Friends of Lakes
Regional Library for media shelving and $20 from Bobbi Leffer in memory of mother Marion
Small. Accordingly, appropriates budget totaling $3,625 for the purchase. The bid price for the
media shelving is good until April 11, 2014.
(#20140100-
LIBRARY)
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 14-03-08
8. LIBRARY – Accept state grant for materials acquisition:
Authorizes acceptance of Library State Aid Grant #14-ST-26 funds in the amount of $674,397 to
be used for the purchase of system-wide library electronic materials.
(#20140101-
LIBRARY)
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 14-03-09
9. NATURAL RESOURCES – Concur with consultant selections (estimated $1,000,000 per
year):
This item awards a three year contract, commencing March 17, 2014, to
10 professional service
firms
selected under the competitive solicitation process for Nuisance Vegetation and Debris
provide professional vegetation and debris removal from creeks and waterways, on an as needed
basis. Funds are budgeted in the current year budget. For general information the annual spend for
these services are estimated at $1,000,000.
(#20140086-
NATURAL RESOURCES)
PULLED FOR DISCUSSION
Responding to Commissioner Hamman, Natural Resources Director Roland Ottolini stated that the amount is
broken down into various capital improvement accounts. Commissioner Hamman moved approval, seconded
by Commissioner Manning, called and carried.
10. NATURAL RESOURCES – Approve
agreement for consulting services
(Not-to-Exceed
$154,813):
water law matters. Funds are budgeted in the current year budget. The contract is task-driven as
assigned by the County's Project Manager for a not-to-exceed amount of $154,813, for the 12
month contract period.
(#20140085-
NATURAL RESOURCES)
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
11. SOLID WASTE – Award professional engineering services contract (estimated $497,500 per
year):
Provides the Solid Waste Division with
professional engineering services
primarily related to the
operation and maintenance of its waste to energy facility. The work will include
operations/maintenance monitoring and punch list development, regulatory and permit assistance,
facility inventory, electric power purchase/sales contract assistance, reporting, and associated
miscellaneous service. The estimated amount for these services will be $497,500 per year. The
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------------APPROVED MINUTES OF 031814R----------------------------
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contract will be for a term of 5 years with the option to renew for an additional 3 year term under
the same terms and conditions. Funds are included in the FY14 budget.
(#20140113-
SOLID WASTE)
4
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
12. TRANSPORTATION – Accept easement for sidewalk construction:
This item dedicates an
easement
to the County along Estero Boulevard at 5200 Estero Boulevard
Condominium for a sidewalk built on private property. Acceptance of the easement allows the
County perpetual use of the sidewalk which was constructed as a requirement per the Land
DOT. On-going maintenance of this sidewalk is expected to be approximately $11 per year.
(#20140084-
TRANSPORTATION)
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
13. UTILITIES – Authorize $147,929 equipment purchase:
Utilities for installation of water line infrastructure at a negotiated discounted price of $147,929.
The current equipment was purchased in 2004 and is no longer cost effective to operate and
continue repairs. While there is short-term renting of this equipment, it is cost prohibitive for the
usage needed. Long-term leasing of this type of equipment is not available at this time. Funds for
the purchase of this equipment are budgeted in the current FY13-14 Utilities operations budget.
(#20140087-
UTILITIES)
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
14. UTILITIES – Approve professional engineering services (see Blue Sheet for total
expenditures):
for engineering design, permitting, bid package preparation and construction oversight for the
Corkscrew Water Treatment Plant Wellfield Fiber Optic Communications Installation Project, for
Improvement Program. The scope of the project includes converting radio to fiber optic SCADA
controls and communication at the Corkscrew Water Treatment Plant Wellfield.
(#20140042-
UTILITIES)
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
$145,000):
statements and reminder notice statements with return envelopes mailed at economical U.S.
Postage automation rates and maintain compliance with the U.S. Postal service Move Update and
Intelligent Mail Barcoding postage requirements. Allows reimbursement to Southwest Direct, Inc.
for postage for mail not meeting presort postage requirements. (Presort postage is paid by LCU
(#20140094-
UTILITIES)
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
16. UTILITIES – Award annual contract for purchase of water treatment chemicals
($1,592,000):
This action approves award of Formal Bid No. B-140052 and will allow Utilities to purchase
chemicals on an as needed basis, in a cost effective, efficient, and timely manner from reliable
wastewater facilities use the chemicals in different stages of water treatment processes. The
operating budget.
(#20140098-
UTILITIES)
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
17. UTILITIES – Provide Engineer of Record services in the amount of $148,186:
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------------APPROVED MINUTES OF 031814R----------------------------
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physical inspection of facilities, review of operations for conformance to regulations, review of
insurance requirements, and evaluation of rates and charges with Bond Covenants. The Engineer
of Record will also provide an annual report for FY12/13 with evaluations and recommendations
complete these services for an amount of $148,186. Funding for this project is included in the
(#20140116-
UTILITIES)
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
18. COUNTY ATTORNEY – Initiate parcel acquisitions for Yacht Club Colony utility project:
This item allows County Staff the authority to begin negotiating for the purchase of the necessary
parcels for construction of a water supply main to serve the subdivision improvements as part of
the Yacht Club Colony Distribution System Rehabilitation, Project No. 7621 and to proceed with
(#20140096-
COUNTY ATTORNEY)
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 14-03-10
AND
14-03-14
19. HEARING EXAMINER – Update of code enforcement hearings rules and procedures:
County Hearing Examiner.
(#20140099-
HEARING EXAMINER)
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 14-03-11
20. CLERK OF COURTS – Disburse excess tax deed sale proceeds to certified claimant:
Provides for disbursement of excess tax deed proceeds to an appropriate claimant in compliance
with statutory rules and requirements.
(#20140105-
DELINQUENT TAX)
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
21. CLERK OF COURTS – Approve Minutes for meetings of the Board of County
Commissioners:
Approval of the Board Minutes, pursuant to Florida Statute 286.011.
(#20140110-
MINUTES)
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
Florida Statute Chapter 136.06(1) requires that all County
disbursements
be recorded in the
Minutes of the Board. This is for the check and wire registers viewable on the Clerk’s website.
(#20140119-
FINANCE)
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
23. SHERIFF’S OFFICE – Approve $412,006.79 in expenditures resulting from revenues
collected:
then used to offset expenses such as for false alarms and overtime associated with background
checks and fingerprinting services, vehicle repairs, equipment purchases and fuel.
(
20140114-
SHERIFF’S OFFICE)
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
5
24. COUNTY ATTORNEY – Approve February 12, 2013 and May 21, 2013 meeting minutes:
(#20140103-
COUNTY ATTORNEY)
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The property owners created a Municipal Service Benefit Unit (MSBU) to dredge the channel
resolution to determine the number of Equal Assessment Units (EAU) and how many EAU’s will
be assigned to each STRAP number. The original estimate for the project was $265,198. The
final cost of the project was $187,755.50. The total final cost to the property owners is
$150,484.40. There are 30 properties and 56 EAU’s. Each EAU is $2,687.22. This action allows
staff to finalize the project, prepare and assess property owners for the project costs to be paid in
full or placed on the tax bill.
The second resolution amends the MSTBU restricted, Fund 10400, to incorporate the
unanticipated receipts into Estimated Revenues and Appropriations for the fiscal year 2013 –
2014.
(#20140050-
PUBLIC RESOURCES)
Affidavit
of Publication,
and briefly reviewed the request. The Chairman called for public comment; however, no one
came forward. Commissioner Manning moved approval, seconded by Commissioner Hamman, called and
carried.
RESOLUTION NOS. 14-03-12
AND
14-03-13
2. COUNTY ATTORNEY – Establish a LCEC Franchise Fee:
As part of the FY 13-14 budget process, Franchise Fees for FPL and LCEC were incorporated into
balancing the budget. The proposed Ordinance would establish a LCEC Franchise Fee in the
amount of 4.5% for payment to the County. The Ordinance grants LCEC a 30 year franchise to
to its customers. The effective date of the Ordinance would be April 1, 2014 or May 1, 2014,
depending on when the Agreement is finalized. After the 5th year, at the County’s option, the
Franchise Fee may be increased up to but no more than 6%. The LCEC agreement mirrors the
FPL franchise that was adopted in 1997.
In August 2013, the Board approved amending FPL Franchise Fee Ordinance 97-15 from 3% to
4.5%.
(#20140104-
COUNTY ATTORNEY)
Affidavit of
Publication,
and briefly reviewed the request and responded to Board questions. The Chairman called for
public comment; however, no one came forward. Following brief Board discussion, Commissioner Manning
moved approval, seconded by Commissioner Mann, called and carried with Commissioners Pendergrass and
Hamman dissenting. The Ordinance adopted by the Board and filed was
14-06 ENTITLED:
ELECTRIC COOPERATIVE, INC. (“LCEC”), ITS SUCCESSORS AND
ASSIGNS, AN ELECTRIC UTILITY FRANCHISE; IMPOSING PROVISIONS
AND CONDITIONS RELATING THERETO; PROVIDING FOR FRANCHISE
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE.
Chapters 2 and 14:
(LDC), Chapters 2 and 14 will be amended. The proposed amendments are the following:
Code Enforcement- Pursuant to the authority granted in § 2-426, LDC, the Hearing Examiner has
reviewed the County’s Code Enforcement regulations and has proposed a number of amendments
designed to clarify Code Enforcement procedures and codify current Code Enforcement practices.
County staff to update and modify its Aquifer Storage and Recovery (ASR) well protection zones.
The proposed updates would prohibit the installation of a water supply well within 2,640 feet of an
existing or permitted ASR well (previously prohibited within 500 feet); and amend and replace
Appendix N (Well field Protection Zone Map) to reflect current well field configuration and
operating conditions.
(#20140111-
HEARING EXAMINER)
7
Affidavit
of Publication,
and briefly reviewed the request. The Chairman called for public comment; however, no one
came forward. Commissioner Manning moved approval, seconded by Commissioner Mann, called and
carried. The Ordinance adopted by the Board and filed was
ENTITLED:
CODE, CHAPTERS 2 (ADMINISTRATION) AND 14 (ENVIRONMENT AND
ENFORCEMENT PROCEDURES AND REVISE WELLFIELD PROTECTION
PROVISIONS REGARDING THE GROUNDWATER MODELING
AQUIFER STORAGE AND RECOVERY WELL (PREVIOUSLY
PROHIBITED WITHIN 500 FEET)
WALK-ON ITEM NO. 1
Approve the attached direction as it relates to developing a "continuation" county budget for FY14-15 with a
first draft by May 20, 2014 and second draft by June 17, 2014. Also, approve other Board directed budget
policies and information requests that are not needed for the "continuation" budget but will be required as
soon thereafter as practicable.
(#20140143-
COUNTY MANAGER)
County Manager Roger Desjarlais noted that this item is a
summary of all the discussions
(copy on file) taken
during the workshop on policy issues; a continuation of the budget, the first draft scheduled on May 20, 2014,
and some of the individual items requested by the Board. Commissioner Manning moved approval, seconded
by Commissioner Mann, called and carried.
WALK-ON ITEM NO. 2 WAS HEARD DURING THE CEREMONIAL PRESENTATION.
WALK-ON ITEM NO. 2
(#20140148-
COMMISSIONER HAMMAN)
Commissioner Hamman read and presented a Ceremonial Resolution celebrating Thelma Jeanette Hamilton’s
COMMISSIONER ITEMS
FLOOD INSURANCE – Commissioner Pendergrass thanked Chairman Kiker and staff on the
Flood Insurance Bill. Chairman Kiker went to Washington, D.C. to attend the hearing of the Flood Insurance
Bill that was passed in the Senate.
Affordable Housing Committee has requested a
letter of support
(copy on file) for State Housing Initiatives
Partnership (SHIP) funding. Commissioner Manning moved approval, seconded by Commissioner
Pendergrass, called and carried.
COMMUNITY CHAMPION WEEK – Commissioner Hamman reported attending the
Community Cooperative Ministries, Incorporated (CCMI) and would like to recognize the work they do,
serving meals to those in need.
Board on April 1, 2014 renaming the Hancock Park to Kurt Donaldson Park to recognize Mr. Donaldson’s
seconded by Commissioner Pendergrass, called and carried.
COMMITTEE APPOINTMENTS
COMMUNITY ACTION
AGENCY/NEIGHBORHOOD DISTRICT (CSBG),
ADJUSTMENTS AND APPEALS COMMITTEE,
seconded by Commissioner Pendergrass, called and
carried.
OLD PELICAN BAY
CHANNEL/CANAL MSBU,
PALMETTO POINT SPECIAL
IMPROVEMENT UNIT COMMITTEE.
Commissioner Manning moved approval, seconded by
Commissioner Hamman, called and carried.
8
COUNTY MANAGER ITEMS
At the request of County Manager Roger Desjarlais, Assistant to the County Manager Glen
Salyer reported the following:
a) Legislative Update:
1.
Juvenile Detention Costs
Commissioner Manning noted that the Senate proposal on this is unconstitutional,
suggested transferring this to House proposal and contacting Senators Lizbeth
Benacquisto and Richter and made this as his motion, seconded by Commissioner
Pendergrass, called and carried.
2.
Cremation Fees (HB 301 /SB 584) and Environmental Regulation (HB 703 /SB 1464)
:
both are describe in detail in the back-up (copy on file).
At this time County Manager Roger Desjarlais briefly reported the following:
2. 20/20 Policy decisions – deadline for 2014 referendum given to the Supervisor of
Elections will be on June 17, 2014.
COUNTY ATTORNEY ITEMS
procedure by which the referendum could get to the voters.
The Chairman called for public comment, and the following concerned citizens came forward:
Chairman Kiker commented that at the top of County Manager Desjarlais’ budget is the Council of the Blind.
The Chairman adjourned the meeting at 10:42 a.m.
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