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NOVEMBER 1, 2016
The
Regular Meeting
Board of County Commissioners
was held on this date
with the following Commissioners present:
COMMISSIONER PENDERGRASS WAS ABSENT FOR THE ENTIRE MEETING
The Chairman called the meeting to order at 9:30 a.m. The Invocation was given by Rabbi Marc
Sack, Temple Judea, followed by the Pledge of Allegiance.
CEREMONIAL PRESENTATIONS
Commissioner Hamman read and presented a Ceremonial Resolution proclaiming the week of November 7th,
2016 as
4-H Club Week
on the positive impact of
4-H
in their lives, and together with a group of
4-H Club
members, accepted the
Resolution and expressed gratitude to the Board for the support and recognition. (#
20160613-
COMMISSIONER
HAMMAN)
2. Presentation recognizing Hunger and Homelessness Awareness Month
Commissioner Manning read and presented a Ceremonial Resolution declaring the month of November, 2016
as
National Hunger and Homelessness Awareness Month
of those who are homeless and need the support and empathy of everyone. Lee County Homeless Coalition
Executive Director Janet Bartos and Vice Chair Sharon Weiss-Kapp, joined by others from the Coalition,
accepted the Resolution and thanked the Board. (#
20160614-
COMMISSIONER MANNING)
Lee BIA/Builders Care Associate Director Robert Bassett and members of Builders Care presented a plaque to
the Board and the County Department of Community Development in appreciation and acknowledgment of the
continued partnership and support provided to the Builders Care Program, which provides no-cost emergency
home repairs and renovations to homeowners in need, currently totaling in excess of $4 million. On behalf of
the BoCC, Chairman Mann accepted the plaque and expressed gratitude for the recognition.(#
20160615-
COUNTY COMMISSIONERS)
RECAP/ANNOUNCEMENTS
Referring to the Agenda
Recap
Sheet dated November 1, 2016, the Chairman announced:
Please omit Item 26 from the agenda. Commissioner Hamman moved approval, seconded by
Commissioner Manning, called and carried with Commissioner Pendergrass absent.
Public Comment on Agenda Items
The Chairman called for public comment on agenda items and three (3)
speakers
offered comments on Agenda
Item 12:
The following are the Agenda items that each Board member wished to have discussed:
Commissioner Mann - Items 6 and 13
Commissioner Manning - None
Commissioner Kiker - None
Commissioner Hamman - None
The Chairman requested a motion to approve the balance of the agenda items and Commissioner Kiker so
moved, seconded by Commissioner Manning, called and carried, with Commissioner Pendergrass absent.
MINUTES OF 110116R
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AGENDA ITEMS
ANIMAL SERVICES
1. Approve a resolution to amend the Animal Control Dangerous Dog Procedure Administrative
Code 1-1
(No funding required.):
changes to Florida Statutes §767.12 and 767.13 and the newly enacted Florida Statute §767.135
and allows the County Attorney’s Office to set the rate for a hearing examiner in a dangerous dog
procedure. (#
20160589-
ANIMAL SERVICES)
Commissioner Kiker moved approval, seconded by Commissioner Manning, called and carried with
Commissioner Pendergrass absent.
RESOLUTION No.16-11-01
2. Approve a
resolution
to amend the Domestic Animal Services External Fees
(No funding required.):
Charges Manual (Appendix C), specifically Domestic Animal Services External Fees, External
Animal Services. (#
20160590-
ANIMAL SERVICES)
Commissioner Kiker moved approval, seconded by Commissioner Manning, called and carried with
Commissioner Pendergrass absent.
RESOLUTION No.16-11-02
3. Accept the 2016 annual Concurrency Report
(No funding required.):
Reports on the adequacy of infrastructure for solid waste, surface water management, potable
water, sanitary sewer, parks, schools, and transportation as new growth occurs. The document is
used for planning purposes to help develop future-year Capital Improvements Programs.
(#
20160592-
Commissioner Kiker moved approval, seconded by Commissioner Manning, called and carried with
Commissioner Pendergrass absent.
CONSTITUTIONAL OFFICERS
4. Authorize acceptance of the FY 2016 State Criminal Alien Assistance Program (SCAAP)
Award
Program funds for reimbursement of expenditures incurred by the housing of illegal aliens in our
detention facilities. Authorizes LCSO to spend SCAAP funding in the following areas of
Corrections: salaries, equipment and expenses other than salaries and equipment. (#
20160593-
SHERIFF'S OFFICE)
Commissioner Kiker moved approval, seconded by Commissioner Manning, called and carried with
Commissioner Pendergrass absent.
5. Adopt a resolution for fiscal year 2016 disposal of county-owned tangible personal property
(No funding required.):
Records authority for disposal of county-owned personal property by resolution in the Board
meeting minutes as required by Section 274.07, Florida Statutes. (#
20160604-
CLERK OF
COURTS)
Commissioner Kiker moved approval, seconded by Commissioner Manning, called and carried with
Commissioner Pendergrass absent.
RESOLUTION No. 16-11-03
MINUTES OF 110116R
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(No funding required.):
Federal and state laws require that corporations file income tax returns. Signing the tax returns
and filing them with the respective authorities will serve as compliance with federal and state
laws. (#
20160610-
CLERK OF COURTS)
OF NOVEMBER 1, 2016
.
7. Present report on selected financial activity for the month of August 2016
(No funding required.):
This is a monthly, information report from the Clerk of Court’s Office that provides interim
information on selected revenues, expenses, fund balances, reserves and investments. (#
20160611-
Commissioner Kiker moved approval, seconded by Commissioner Manning, called and carried with
Commissioner Pendergrass absent.
(No funding required.):
Chapter 136.06(1), Florida Statutes 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.
(#
20160612-
Commissioner Kiker moved approval, seconded by Commissioner Manning, called and carried with
Commissioner Pendergrass absent.
9. Approve the Minutes for meetings of the Board of County Commissioners
(No funding required.):
Approves the Minutes for meetings of the Board of County Commissioners. (#
20160624-
COURTS)
Commissioner Kiker moved approval, seconded by Commissioner Manning, called and carried with
Commissioner Pendergrass absent.
COUNTY ATTORNEY
10. Approve issuance of IDA industrial revenue bonds to benefit FP&L (NTE $100,000,000)
(No funding required.):
Adoption of the resolution would provide the Board's limited re-approval to the issuance by the
Counties. (#
20160602-
COUNTY ATTORNEY)
Commissioner Kiker moved approval, seconded by Commissioner Manning, called and carried with
Commissioner Pendergrass absent.
RESOLUTION No. 16-11-04
COUNTY LANDS
11. Authorize staff to commence purchase negotiations for Conservation 20/20 Program Parcel
129-2
(Estimated $1,500 for appraisal report; Capital Improvement--Conservation 20/20; Included in
budget.):
Authorizes staff to commence negotiations for the acquisition of Conservation 20/20 Program
Parcel 129-2. The Conservation Land Acquisition and Stewardship Advisory Committee
(CLASAC) recommends for staff to pursue negotiation of this +/- 2 acre in-fill property adjacent
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(#
20160568-
COUNTY LANDS)
Commissioner Kiker moved approval, seconded by Commissioner Manning, called and carried with
Commissioner Pendergrass absent.
COUNTY MANAGER
12. Discuss Letter Regarding Critical Wildlife Areas
(No funding required.):
process, enforcement, data monitoring, and sunset/rescission provisions. (#
20160618-
COUNTY
MANAGER)
PULLED FOR DISCUSSION
Commissioner Mann relayed his recent discussions with FWC representatives, noting that after speaking with
the current FWC Chair he felt that in all likelihood there was a communications breakdown between the BoCC
and FWC. County Manager Roger Desjarlais apprised that a meeting was scheduled for later today with Staff
and FWC representatives and the hope was to reach an amicable resolution of all concerns. The Board took no
further action on this item.
($30,000; General Fund; Included in budget.):
Increases annual compensation from $45,000 to $75,000 to account for increased workload
expected of
Nabors, Giblin & Nickerson
legislative and executive branch lobbying services through Fiscal Year 2016-2017. (#
20160621-
COUNTY MANAGER)
PULLED FOR DISCUSSION
Responding to a question by Commissioner Mann, Assistant County Manager Glen Salyer provided a brief
overview of the requested increase. The Chairman called for public comment and there were no speakers.
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried with
Commissioner Pendergrass absent
HUMAN SERVICES
Center –
Grant Certifications
and
Application for Funding Assistance
($27,547; General Fund-Grant Funds; Not included in current budget.):
Demand Shelter for the contract period October 1, 2016 through September 30, 2017. This action
will result in a sub-recipient contract with the
Salvation Army.
(#
20160570-
HUMAN
SERVICES)
Commissioner Kiker moved approval, seconded by Commissioner Manning, called and carried with
Commissioner Pendergrass absent.
RESOLUTION No. 16-11-05
Homelessness
($217,000; General Fund – Grant Funds; Not included in budget.):
This action will result in
grant agreements
between the
and
agencies:
,
Salvation Army,
and the
(#
20160586-
HUMAN SERVICES)
Commissioner Kiker moved approval, seconded by Commissioner Manning, called and carried with
Commissioner Pendergrass absent.
RESOLUTION Nos.16-11-06, 16-11-07, 16-11-08
($183,333.34; General Fund - Grant Funds; Not included in current budget.):
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Demand Shelter for the contract period of October 1, 2016 through March 31, 2017. This action wil
result in a sub-recipient contract with
The Salvation Army.
(#
20160587-
HUMAN SERVICES)
Commissioner Kiker moved approval, seconded by Commissioner Manning, called and carried with
Commissioner Pendergrass absent.
RESOLUTION No. 16-11-09
NATURAL RESOURCES
17. Approve agreements to establish twenty FY 16-17 West Coast Inland Navigation District
projects
($1,915,310; General Fund (WCIND Reimbursement); grant funded addition to FY16/17
budget.):
Approves subgrant agreements and budget amendment resolution for the creation of twenty new
navigation related major maintenance projects that are funded by a grant from WCIND in the
administrator for other County subgrant agreements. The projects to be funded are in the
categories of marine law enforcement, environmental education, boating safety, boating
recreation and navigation improvement. (#
20160583-
NATURAL RESOURCES)
Commissioner Kiker moved approval, seconded by Commissioner Manning, called and carried with
Commissioner Pendergrass absent.
RESOLUTION No. 16-11-10
PARKS AND RECREATION
18. Approve Hickory Swamp Preserve Land Management Plan, Second Edition
($3,176 annually; Capital Improvement-Environmentally Sensitive Land Management; Included in
budget.):
The recently updated Hickory Swamp Preserve Land Management Plan, Second Edition, outlines
management and recreational objectives, describes what has occurred, on-going projects, and
future management plans. (#
20160575-
PARKS AND RECREATION)
Commissioner Kiker moved approval, seconded by Commissioner Manning, called and carried with
Commissioner Pendergrass absent..
($125,738; Capital Improvement-Environmentally Sensitive Land Management; Included in
budget.):
Restoration to
Diversified Professional Services, Corp
in the amount of $119,750, to provide
hydrological restoration through construction of earthen ditch blocks and berm breaches in
Engineers permit. (#
20160600-
PARKS AND RECREATION)
Commissioner Kiker moved approval, seconded by Commissioner Manning, called and carried with
Commissioner Pendergrass absent.
20. Award Formal Bid for Six Mile Cypress Slough Preserve North Hydrological Restoration
($418,110; Capital Improvement-Environmentally Sensitive Land Management; Included in
budget.):
Awards Formal Bid No. ITB 160466LC, Six Mile Cypress Slough Preserve North Hydrological
Restoration to
, in the amount of $398,200, to complete a
hydrological restoration project located within Six Mile Cypress Slough Preserve. Project is
phased into three parts and encompasses multiple permits. Work to be completed includes all
three project phases. (#
20160601-
PARKS AND RECREATION)
Commissioner Kiker moved approval, seconded by Commissioner Manning, called and carried with
Commissioner Pendergrass absent.
PUBLIC SAFETY
21. Accept
state grant
funds for Homeland Security Training and Exercises
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Allows acceptance of grant funds from the Florida Division of Emergency Management to
training and exercise needs that help to prevent, protect against, mitigate, respond to and recover
from acts of terrorism and other catastrophic events. This grant agreement is subject to the
availability of funds contingent upon an annual appropriation by the Legislature, therefore was
not included in the FY 16-17 budget. (#
20160563-
PUBLIC SAFETY)
Commissioner Kiker moved approval, seconded by Commissioner Manning, called and carried with
Commissioner Pendergrass absent.
22. Accept state grant funds for the Citizen Corps Volunteer Program
Allows acceptance of funds from the Federal
Emergency Management Performance Grant
supplies, equipment, and training. The volunteers support disaster operations by managing and
staffing emergency shelters, distribution points, assist in coordinating mass transit evacuation
serving as the Administrative Agency through a competitive grant process, therefore were not
included in the FY 16-17 budget. (#
20160582-
PUBLIC SAFETY)
Commissioner Kiker moved approval, seconded by Commissioner Manning, called and carried with
Commissioner Pendergrass absent.
SOLID WASTE
23. Award contract for Energy Asset Manager for sale of electrical output from the Resource Recovery
Facility.
(Compensation is derived from net revenues in excess of base case revenues.):
Approves the evaluation committee recommendation of award and authorizes the execution of a
contact
ITN160425/RDF Energy Asset Manager. Provides Solid Waste with a qualified firm to provide
asset management services for the sale of its electrical output from the County-owned Resource
Recovery Facility to third parties for an initial term of one year. (#
20160598-
SOLID WASTE)
Commissioner Kiker moved approval, seconded by Commissioner Manning, called and carried with
Commissioner Pendergrass absent.
24. Award contract for construction of a new Scale House at the Waste to Energy Facility
($826,892; Enterprise Fund; included in FY16-17 Capital Improvement budget upon completion
of carryovers and
$755,000;
Enterprise Fund; not included in FY16/17 Capital Improvement
budget. An additional $755,000 is needed to fully fund the project due to rising costs of
construction.):
Alterations, to
in the amount of $1,358,048, to construct a new
secondary scale house structure with metal canopy to span over all scale structures, providing
shelter to customers and improving traffic flow and safety. Additional work includes enclosing a
Gulf States metal building with open shop bay (Fleet Building). Work completed to Fleet
Building is intended to provide an additional interior working area at the Solid Waste Facility.
The total estimated project cost is $1,581,300. (#
20160599-
SOLID WASTE)
Commissioner Kiker moved approval, seconded by Commissioner Manning, called and carried with
Commissioner Pendergrass absent.
TRANSPORTATION
Engineering, Inc.
($360,762.95; Gas Taxes; Included in budget.):
Professional
Services Agreement
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Road intersection. Once the preferred alternative has been selected, final and post design services
will be negotiated and taken back to the Board for approval. (#
20160596-
TRANSPORTATION)
Commissioner Kiker moved approval, seconded by Commissioner Manning, called and carried with
Commissioner Pendergrass absent.
26. Approve Gilchrist Avenue median improvements
($100,000; Transportation Trust; Included in budget.):
County DOT will add palm trees to replace ones that have been lost over the years. (#
20160620-
TRANSPORTATION)
Item 26 would be omitted. Commissioner Manning moved approval, seconded by Commissioner
Hamman, called and carried, with Commissioner Pendergrass absent.
9:30 AM PUBLIC HEARINGS
1. Vacate public interest in platted utility easements at 804 Louis Ave., Lehigh Acres, FL
The proposed vacation will extinguish the public interest in the unimproved 6’ wide public utility
easements running along the interior lot lines of Lots 7 through 18, Block 7, Unit 2 of Section 24,
Township 44 South, Range 27 East, Lehigh Acres as recorded in Plat Book 15, Pages 35 of the
development of the subject lots as a unified building site. (#
20160574-
COMMUNITY
DEVELOPMENT)
Affidavit of Publication
as to legal form and
sufficiency and requested a continuance until Tuesday, November 15, 2016, 9:30 a.m. to allow additional time
for the Petitioner to pay the property taxes. The Chairman called for public comment and there were no
participants. Commissioner Hamman moved approval, seconded by Commissioner-Manning, called and carried
with Commissioner Pendergrass absent.
2. Public Hearing to Consider Termination of Alico Interchange Park Development
Agreement
Conduct the first of two public hearings required under Chapter 163, Fla. Stat., in order to
Park DRI. The proposed Termination Agreement will terminate the Development Agreement and
provide for the distribution of previously paid traffic mitigation payments through the issuance of
roads impact fee credits in the amount of $9,584,657, plus interest in the amount of $892,702, for
a total of $10,477,359 in roads impact fee credits. (#
20160588-
COUNTY ATTORNEY)
Affidavit of Publication
as to legal form and sufficiency
and stated that the purpose of the item was to conduct the first of two public hearings for the termination of a
Development Agreement. At the request of the Board, the Developer’s representative, Henderson Franklin Law
Firm Attorney Russell Schropp delineated three (3) changes to the Development Agreement pertaining to the
allocation of Impact Fees Credits. The Chairman called for public comment and there were no participants.
Commissioner Manning moved approval of moving the item to a second public hearing and the inclusion of
changes as stated by Mr. Schropp, seconded by Commissioner Hamman, called and carried with Commissioner
Pendergrass absent.
CARRY-OVER AGENDA
1. Approve a Pre-Construction Manager Agreement for Trail Dairy EMS Station
($29,693; EMS Impact Fees; Included in budget.):
Approves a pre-construction management services agreement under RFQ 150187 with
Stultz,
Inc.
(a local contractor) for pre-construction services for the Trail Dairy EMS Station project in
the amount of $29,693. These services include signed and sealed engineering and architectural
shop drawings. The project entails the construction of a 1,500 square foot modular EMS station
Service District (NFMFD) station to this new station due to overcrowding. The new EMS station
will be placed on approximately one acre of the existing site as approved through an Interlocal
Agreement with NFMFD. This project was planned and is included in the Fiscal Year 2015/2016
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and 2016/2017 EMS Impact Fee budgets. The total cost to design, permit and construct the
facility is $750,000. (#
20160562-
FACILITIES CONSTRUCTION AND MANAGEMENT)
Following introduction of the item by Assistant County Manager Christine Brady, the Chairman called for
public comment and there were no speakers. Commissioner Manning moved approval, seconded by
Commissioner Hamman, called and carried with Commissioner Pendergrass absent.
COMMITTEE APPOINTMENTS
Commissioner Hamman moved to appoint Jennifer Kalbach to the
AFFORDABLE HOUSING
COMMITTEE
, seconded by Commissioner Manning, called and carried with Commissioner Pendergrass
absent.
COMMISSIONERS’ ITEMS
REMARKS FROM THE CHAIR-Chairman Mann remarked that this was his final meeting as
Chair of the BoCC, expressed his gratitude to the Commissioners for their support, and stated that he was
honored to serve as Chairman.
COUNTY MANAGER ITEMS
County Manager Roger Desjarlais indicated that the Regular BoCC meetings for January, 2017 would be held
on January 10, 2017 and January 24, 2017 at 9:30 a.m. in County Commission Chambers.
The Chairman called for public presentation of matters by citizens and there were five (5)
participants:
Public Safety
land use classification would be applicable county-wide.
COUNTY ATTORNEY ITEMS
Commissioners Workshop Update
Legislative Priorities and there was one
speaker:
Handout
.
The Chairman adjourned the meeting at 10:32 a.m.