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OCTOBER 18, 2016
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
Yannatone of First Assembly of God, followed by the Pledge of Allegiance to the flag.
CEREMONIAL PRESENTATIONS
1. Presentation of the 3rd Quarter 2016 Employee Length of Service Awards
(#20160547-
HUMAN RESOURCES)
Acting Human Resources Director Alise Flanjack, County Manager Roger Desjarlais and Human
rd
Quarter of 2016.
(Please refer to the Agenda for a listing of all employees recognized)
RECAP/ANNOUNCEMENTS
Referring to the
Revised Agenda Recap Sheet
dated October 18, 2016, the Chairman announced that:
Item 7 be deferred to November 1, 2016 to allow further review. Commissioner Manning moved
approval, seconded by Commissioner Hamman, called and carried.
PUBLIC COMMENT ON AGENDA ITEMS
The Chairman called for public comment on Agenda Item 5, and the following citizens came forward:
Dorrie Hipschman
– representing Everglades Wonder Gardens
– representing Alliance for the Arts
Robert Cacioppo – Founder & Producing Artistic Director of Florida Repertory Theatre - no card
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Mann - None
Commissioner Manning- None
Commissioner Pendergrass - None
Commissioner Kiker - None
Commissioner Hamman- Item 1
The Chairman requested a motion to approve the balance of the agenda items and Commissioner Manning
so moved, seconded by Commissioner Hamman, called and carried.
AGENDA ITEMS
COMMUNITY DEVELOPMENT
1. Approve Amendment to External Fee EX 2-5 to Remove State Contractor Registration Fee
(No funding required.):
Removes fee charged to register State license, insurance certificates, and authorized signer
(#20160551-
COMMUNITY DEVELOPMENT)
PULLED FOR DISCUSSION
Commissioner Hamman noted that this item is to remove fee charged to register State License, insurance
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that in the last session, the State made a change on the State law that prohibits local government agencies from
charging a fee to register state contractor license information locally and thanked Staff for all they have done.
This helps improve the economy by creating jobs, and investing those resources back to their employees. The
Chairman called for public comment; however, no one came forward. Commissioner Hamman moved approval,
seconded by Commissioner Kiker, called and carried.
CONSTITUTIONAL OFFICERS
(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.
(#20160576-
CLERK OF COURTS)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
COUNTY ATTORNEY
3. Revise benefits plan for a change for one employee
(Medical Benefits Fund; $38,610; available in fund balance.):
Resolves post-retirement subsidy issue by updating the Summary Plan Document to permit the
subsidy of retiree health benefits for an employee hired after December 31, 2007. This is to
mitigate legal liability due to a dispute over post-employment benefits with employee Tina
Taviano.
(#20160542-
COUNTY ATTORNEY)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
4. Direct to Public Hearing the Termination of Development Agreement for Alico Interchange
Park DRI
(N/A):
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 impact fee credits.
(#20160560-
COUNTY ATTORNEY)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
COUNTY MANAGER
5. Provide grant to the SWFL Community Foundation for the County's Arts and Attractions
program
($300,000; Tourist Development Tax; Included in budget.):
Allows the Visitor & Convention Bureau to distribute $300,000 to the
SWFL Community
Foundation
nine (39) non-profit attractions will receive a portion of the funds to market their events or
approved applicants at its June 2016 meeting and the Community Foundation approved the list of
recipients at its September 2016 meeting.
(#20160557-
VISITOR AND CONVENTION BUREAU)
Commissioner Pendergrass moved approval, seconded by Commissioner Manning, called and carried.
(No funding required.):
(IDA). The IDA was established in 1975, under Part III of Chapter 159 of the Florida Statutes, for
the primary purpose of fostering economic growth by issuing tax-exempt bond financing for
manufacturing facilities, certain exempt water & sewer projects, solid waste and hazardous waste
facilities, and tax-exempt 501 (C)(3) non-profit organizations.
(#20160569-
ECONOMIC DEVELOPMENT)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
FACILITIES CONSTRUCTION AND MANAGEMENT
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7. 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
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)
DURING THE ANNOUNCEMENT PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Item 7 be deferred to November 1, 2016, to allow further review. Commissioner Hamman moved
approval, seconded by Commissioner Manning, called and carried.
Buildings
($764,000; General Fund; Included in budget.):
Air
, in the amount of $764,000, to remove the existing chillers, cooling
towers and associated equipment and install new chillers, cooling towers and associated
equipment for the Administration/Old Courthouse Buildings. Replacement of the chiller
equipment was planned and budgeted.
(#20160565-
FACILITIES CONSTRUCTION AND MANAGEMENT)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
Construction phase
Construction Fund; Included in the budget.):
Approves the Pre-Construction Phase Construction Management Agreements (CMA) for
LLC for a term of 300 calendar days for each. During the
Pre-Construction phase the Guaranteed Maximum Price (GMP) will be developed for
construction/completion of the projects and a contract amendment for each will be presented to
the Board for approval at a later date. The total budget to design, permit and construct the North
$14,100,000.
(#20160577-
FACILITIES CONSTRUCTION AND MANAGEMENT)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
FLEET MANAGEMENT
10. Award Formal Bid for Ford Vehicles
(Funding in accordance with County’s adopted budget; available from various Department
accounts.):
Awards Formal Bid No. ITB160545/RDF Annual Purchase of Ford Vehicles to
Ford, Inc.
for the purchase of Ford cars, vans, trucks and sport utility vehicles on an as-needed
basis.
(#20160561-
FLEET MANAGEMENT)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
HUMAN RESOURCES
11. Approve Annual Merit Increases for the County Manager and the County Attorney
(General Fund; Included in operating budget.):
Approves the merit increases for the County Manager and the County Attorney for their
performance and contributions to the organization in accordance with their respective First
Amendment to Employment Agreements executed on October 20, 2015.
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(#20160550-
HUMAN RESOURCES)
PULLED FOR DISCUSSION
The Chairman stated that this item deals with the compensation of the County Manager and County Attorney
whose contract called for an annual adjustment between 4 and 6%. The Chairman called for public comment;
however, no one came forward. Commissioner Manning moved for 6%, seconded by Commissioner Hamman,
called and carried.
Company/PayFlex
(Estimated annual employer cost is $22,249 resulting in a 23% decrease; Included in budget.):
Approves the ranking of firms and authorizes the execution of a three-year contract with the top
ranked firm,
for Request for Proposals No.
RFP160432/RDF, Employee COBRA and FSA Benefit Plans. Provides comprehensive COBRA
and FSA benefit plans for employees as administered by Human Resources commencing on
January 1, 2017. Contract is for three years with three optional one-year renewals. Authorizes the
Chair to sign the Application necessary to finalize the contract.
(#20160578-
HUMAN RESOURCES)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
(Funding will come from employer and employee premiums in the health plan accounts; and
from employer contributions for basic life AD&D and employee contributions for optional life.):
Extends the terms of the annual contracts for Group Health Insurance Program and Group
Medicare Advantage Plans with Prescription Drug Coverage for Retirees, under competitively
bid annual contracts RFP-11-07 and RFP-11-14, through December 31, 2017. Renews the terms
annual contract RFP-11-14. Extensions provide staff time to process new solicitations for each of
these coverages.
(#20160579-
HUMAN RESOURCES)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
HUMAN SERVICES
14. Approve contracts for substance abuse/mental health treatment services/children's medical
exams
($5,183,461; General Fund; Included in budget.):
Approval will provide county funding up to $5,183,461 to purchase mental health and substance
abuse services;
Adult Criminal Drug Court
treatment services; and initial medical
exams/consultations for allegedly abused children. Authorizes sub-recipient contracts with
SalusCare, Children's Advocacy Center
and
HUMAN
SERVICES)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
PARKS AND RECREATION
15. Gator Hole Preserve Land Management Plan, Second Edition
($12,283 annually; Capital Improvement-Environmentally Sensitive Land Management; Included
in budget.):
The recently completed ten year update of Gator Hole Preserve Land Management Plan, Second
Edition, outlines management and recreational objectives, describes what has occurred, on-going
projects and future management plans.
(#20160535-
PARKS AND RECREATION)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
PUBLIC SAFETY
16. Approve submittal of
hospital system
($94,628; No county match required; Special Revenue; Not Included in budget.):
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tickets for homeless and indigent persons requiring transportation for medical care (distribution to
and the amount clear until the grant notice is issued by FDOH. It is not included in the
department's budget each year, and does not supplant projects or funding already allocated
through the standard budgeting process.
(#20160552-
PUBLIC SAFETY)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
RESOLUTION NOS. 16-10-12
TO16-
10-13
17. Approve a Property Use Agreement with BRE/Southseas Resort Owner LLC for
emergency response
(No funding required.):
permission for the temporary use of
BRE/Southseas Resort Owner LLC property,
located at 5400
South Seas Plantation Road, Captiva, FL, for emergency response, relief, and recovery efforts for
a period of five (5) years with the option to renew for an additional period of five (5) years under
the same terms and conditions with the execution of a new agreement.
(#20160553-
PUBLIC SAFETY)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
TRANSIT
(Enterprise Fund; LeeTran Fixed Route; $165,133 Included in the FY 2016-2017 operating
budget.):
Allows LeeTran to receive $495,400 in FY 2016-2017 to FY 2018-2019 matching funds under
the
Service Development Grant program and allows for the
Myers will contribute the required 50% matching funds.
(#20160556-
TRANSIT)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
RESOLUTION NO. 16-10-14
19. Authorize Federal Alternative Fuel Credit Claims for propane fuels used in ADA/Passport
Fleet
(Enterprise Fund; Transit; Included in operating budget.):
propane fuel used in LeeTran’s ADA/Paratransit fleet. The credit is estimated to be
approximately $47,000 in calendar year 2016.
(#20160558-
TRANSIT)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
20. Approve an Amendment to the
Traffic Signal Reimbursement Agreement with FDOT
(No funding required.):
Executes an Amendment to an existing agreement with FDOT for Traffic Signal Reimbursement
for 121 signals on state roadways. The Amendment is being offered in response to feedback
received from maintaining agencies throughout the State. The main changes incorporated into
this Amendment are changes in responsibility for pursuing third party damage insurance from
County to FDOT, changes periodic mast arm maintenance responsibilities – County performs
preventative maintenance and FDOT handles any major repairs/maintenance. Also reduces the
requirement of preventive maintenance, decreases mandatory inspections to 50% of the signals
(was 100%) per year.
(#20160564-
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
RESOLUTION NO. 16-10-15
21. Approve a Supplemental Task Authorization to perform overhead sign inspections
($149,951; Gas Taxes; Included in budget.):
Approves a Supplemental Task Authorization (STA) in the amount of $149,951 for CDM Smith,
Inc. to perform countywide overhead sign structure inspections on 36 major overhead and
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cantilever sign structures. Based on the findings of the inspections, $130,000 has been allocated
replaced.
(#20160581-
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
UTILITIES
22. Approve the Fourth Amendment to the Verizon Wireless Tice Water Tower Site License
Agreement
($44,808.01; LCU Enterprise Fund; Included in the FY15-16 budget.):
Approves the
fourth amendment to the Verizon Wireless Tice Water Tower Site License
Agreement
to allow them to add new equipment and upgrades to the tower. The County will
receive an increase of $4,800, commencing October 1, 2016, for a total annual license fee of
$44,808.01. The licensee fee will continue to escalate by three percent (3%) annually. Verizon
Wireless will also pay an application fee of $1,000 within 45 days following execution of the
amendment. The Second Amendment set the final extension term to expire on July 31, 2017 and
allowed for one additional five year automatic extension.
(#20160573-
UTILITIES)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
23. Award Formal Bid to Myerlee Gardens Gravity Main Replacement
($177,967; Utilities Rehabilitation & Replacements; Included in budget.):
Awards project ITB 160414LC, Myerlee Gardens Gravity Main Replacement, to
Southwest
, in the amount of $161,788 to construct and provide for new installation of
approximately 440 linear feet (LF) of 8” PVC SDR 26 gravity main and infrastructure on
Sandtrap Drive and Myerlee Gardens Avenue in order to redirect flow from a failing main in the
failing main through cleaning, grouting, and disconnection from the existing collection system.
(#20160580-
UTILITIES)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
24. Approve 15-Year Loan for Advanced Metering Information System
($17,637,000 State Revolving Loan; $5,250,712 Utility Fund Reserves; Included in budget;
transfer request, agreement.
):
Authorizes a State Revolving Fund (SRF)
Loan Application
and attending Resolution designating
the Chair as the authorized representative to sign loan documents for the Advanced Metering
Information (AMI) System, SRF Project No. DW3602A. This application will secure a 15-year
low interest (0.87%) loan that, along with $5,250,712 of capital reserves, will fund the purchase
and installation of AMI system Countywide (project approved by the BoCC on September 6,
2016). Staff recommends entering into a 15-year term loan given the benefit of a historically low
County Utilities Financial Policy Metrics, and does not impact customer rates.
(#20160585-
UTILITIES)
(Amendment 1 to Loan Agreement)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
RESOLUTION NOS. 16-10-16 TO16-10-18
9:30 AM PUBLIC HEARINGS
1. Adopt an Amendment to the Tourist Development Tax Ordinance
(No funding required.):
Implements the Board’s direction to create a common reserve for Tourist Development Tax
undesignated reserves.
(#20160571-
COUNTY MANAGER)
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. The
Ordinance adopted by the Board and filed was
entitled:
IMPOSED AND SET A FIVE PERCENT (5%) TOURIST
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PURSUANT TO THE “LOCAL OPTION TOURIST
STATUTES; AMENDING SECTION SIX BY ADDING
CODIFICATION, INCLUSION IN CODE AND SCRIVENERS
ERRORS, PROVIDING FOR MODIFICATIONS THAT MAY
ARISE FROM CONSIDERATION AT PUBLIC HEARING; AND
PROVIDING FOR AN EFFECTIVE DATE.
(N/A.):
Schedules final review and selection of top candidate for Port Authority Executive Director
position. On conclusion of interview and selection process, authorizes Board Liaison to enter into
contract negotiations on behalf of the Board.
(#20160572-
PORT AUTHORITY)
COMMISSIONERS’ ITEMS
HYATT REGENCY 2-MINUTE WALKING – Commissioner Pendergrass reported that he will be out of
town to attend a CFA meeting and asked any Board member to be in the Hyatt Regency 2-minute walking on
Tuesday at 9:00 a.m.
ask Staff look into the Caloosahatchee bridge by Cleveland Avenue that does not have a bicycle or pedestrian
lane. Instead of having to put-up lanes, he suggested to have a boat transport them instead of walking through for
safety, and cost saving. Brief comments from the Board ensued to look into the other locations around Lee
County.
Board consensus and direction on six different islands, that includes Estero Bay and Town of Pine Island.
November 12 and 13, 2016 are the dates to vote on this. Globally, this means restrictions for anybody entering or
getting around within 100 feet and are very concerned with the implementation plan. Once decisions are made,
this is forever, no data or monitoring, and asked Staff to put together some information for discussion. County
Manager Roger Desjarlais stated that the agenda for the Work Session this afternoon is not very long, and may
have a brief conversation on this.
BEACH ACCESS PARKING – Commissioner Kiker stated that there is beach access parking which is
specific to all of Lee County, that would include Bonita, Fort Myers Beach, Sanibel Captiva, etc. He suggested
that maybe a 5-year plan might be important and asked Staff provide direction if this plan would work out.
COMMITTEE APPOINTMENTS
COMMUNITY
ACTION AGENCY/NEIGHBORHOOD DISTRICT,
seconded by Commissioner Pendergrass, called and
carried.
AFFORDABLE HOUSING
COMMITTEE,
COMMUNITY ACTION
AGENCY/NEIGHBORHOOD DISTRICT,
seconded by Commissioner Manning, called and carried.
CONSTRUCTION LICENSING
COMMITTEE,
to re-appoint James Pocklington to the
TOWN & RIVER IMPROVEMENT UNIT,
to re-
COMMUNITY ACTION AGENCY/NEIGHBORHOOD DISTRICT,
and to
AFFORDABLE HOUSING COMMITTEE,
seconded by Commissioner
Manning, called and carried.
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Commissioner Hamman moved to appoint Albert Giacalone to the
AFFORDABLE HOUSING
COMMITTEE
COMMUNITY ACTION
AGENCY/NEIGHBORHOOD DISTRICT,
seconded by Commissioner Manning, called and carried.
COUNTY MANAGER ITEMS
County Manager Roger Desjarlais had no items to be discussed.
COUNTY ATTORNEY ITEMS
th
but was cancelled due to
Hurricane Matthew; however, it has been re-scheduled to October 25
th
The Chairman called for public presentation of matters, and the following citizens came forward:
The topic was about chickens.
Lehigh Acres resident
Lehigh Acres resident
Lehigh Acres resident
Lohany Hernandez
Lehigh Acres resident
Lehigh Acres resident
Lehigh Acres resident
Lehigh Acres resident
Lehigh Acres resident
COMMISSIONERS WORKSHOP UPDATE
Roger Desjarlais reminded on Conservation 20/20, Oil, Gas and Mineral Rights and Policy for direction on
whether extinguishing rights or not when the County purchases 20/20 property. The following citizen came
forward to speak on Conservation 20/20.
The Chairman recessed the meeting until 5:00 p.m. The Chairman reconvened the meeting at 5:00 p.m. with all
Commissioners present.
5:00 PM PUBLIC HEARINGS
1. First Public Hearing on Land Development Code (LDC) Regular Two-Year Cycle of
Amendments
(No funding required.):
Satisfies the requirement to hold two public hearings to amend the LDC. This request is for the
regular two-year cycle of amendments for the LDC. It includes substantive changes along with
minor clean up and corrections to Chapters 2, 6, 10, 14, 30, 32, 33 and 34, as more particularly
described in the background and back up information.
(#20160584-
COUNTY ATTORNEY)
Affidavit of Publication
regarding
this item, entered it into the record, and briefly reviewed the request. The Chairman called for public
comment; however, no one came forward. Commissioner Kiker moved this item to the second Public Hearing,
seconded by Commissioner Manning, called and carried.
The Chairman adjourned the meeting at 5:11 p.m.