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NOVEMBER 16, 2021
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
The Chairman called the meeting to order at 9:32 a.m. The Invocation was given by Reverend Tim Adams of
Park Alliance Church, followed by the Pledge of Allegiance.
Administrative Code
AC-1-3,
Section IV, Rule 4.01, calls for the annual reorganization of the Board to
designate a “Chair and Vice-Chair”.
Doggett, officiated the FY21-22 Reorganization of the Board of County Commissioners. Ms. Doggett went
on to review the voting process in accordance with the Administrative Code AC-1-3, Section IV, Rule 4.02,
pointing out that a second would not be necessary, and opened the floor for nominations for Chairman.
Commissioner Ruane nominated Commissioner Pendergrass, and Commissioner Hamman moved to close
the nominations. Ms. Doggett requested a roll call vote and Commissioner Pendergrass was unanimously
elected. Ms. Doggett turned the floor over to the newly-elected Chair. Chairman Pendergrass then called for
nominations for Vice-Chairman. Commissioner Ruane nominated Commissioner Sandelli and Commissioner
Hamman moved to close the nominations. Chairman Pendergrass requested a roll call vote and
Commissioner Sandelli was unanimously elected Vice-Chairman.
CEREMONIAL PRESENTATIONS
1.
– Commissioner Pendergrass
Commissioner Pendergrass read a Ceremonial Resolution that recognizing Jennifer Galloway’s service
as the Executive Director for the Gulf Coast Humane Society since 2012, and offers the Board’s
sincerest appreciation for her tireless advocacy and all that she has done for our animals in Lee County
for their recognition.
2.
Commissioner Hamman read a Ceremonial Resolution that marks 2021 as the 66
th
year of the National
Lee County and encourages citizens to pause and recognize the important impact that our local farmers,
farmworkers, growers, and ranchers make to our regional economy, our food supply and our society. Dr.
Agriculture Program, and informed the Board of FGCU’s upcoming Third Annual Agricultural Forum
and Luncheon on November 17, 2021, where local students can see all of the Agricultural programs that
FGCU has to offer incoming students.
Cuba, Mr. Veloz came to The United States as a refugee with his family when he was two years old and
lived in California until he was eighteen years old. Mr. Veloz started working in refuse pick up roughly
excellence, RSW recruited him to assist with the writing of the refuse collection safety guidelines used
by the airport to this day. Mr. Pendergrass stated that every three years Waste Pro awards their Safety
Officer Awards to individuals who come to work every day with no call offs or accidents. This month
Mr. Veloz received his fifth consecutive Safety Officer Award. Mr. Veloz thanked the Board for their
recognition and Waste Pro Services for the programs that have helped provide for his family.
Minutes of 111621R
RECAP/ANNOUNCEMENTS
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Referring to the
Recap Agenda
of November 16, 2021, the Chairman announced that:
•
Items To Be Pulled for Discussion:
Commissioner Ruane – C-19
PUBLIC COMMENT ON AGENDA ITEMS
The Chairman called for public comment on any Consent Agenda items and there were no speakers.
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Sandelli – None
Commissioner Hamman – None
Commissioner Mann – C-19
Commissioner Ruane – C-19
The Chairman requested a motion to approve the balance of the Consent Agenda items and Commissioner
Hamman so moved, seconded by Commissioner Ruane, called and carried.
1. Approve and Record
County Disbursements
Item Summary:
Chapter 136.06(1), Florida Statute 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.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
2. Adoption of Board Resolution to Record Authority for FY21 Disposal of County Tangible Property
Item Summary:
Records authority for disposal of county-owned personal property by resolution in the
Board meeting minutes as required by Section 274.07, Florida Statutes.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
RESOLUTION No. 21-11-17
COUNTY ATTORNEY
3. Direct to Public Hearing an Amendment to the Medical Examiner Cremation Fee Ordinance
Item Summary:
Sets the Public Hearing date for Tuesday, December 7, 2021, at 9:30 a.m. in order to
from $50 to $60 per Medical Examiner authorization for the cremation. The last time the fee was
increased was April 2015. The Medical Examiner is requesting the increase to help defray costs of
providing the cremation authorizations, including staff time of physicians and forensic investigators, and
storage of records in accordance with state regulations. This increase will reduce the general subsidy for
the authorizations as a cremation authorization, on average, is estimated to cost between $163 and $175.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
COUNTY LANDS
4. Accept Donation of
Slope Easement
for Estero Boulevard Corridor Project
Item Summary:
Acquires +/- 434 square foot slope easement for the Estero Boulevard Corridor
Project. The easement will provide for the installation of fill material that will stabilize the back of
located at 7840 Estero Boulevard (Parcel 630).
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
5. Approve
Permissive Access License
Agreement with TPI-FMB, LLC
Item Summary:
This Agreement allows TPI-FMB, LLC use of County owned property located at 1113
TPI-FMB, LLC will use the property for material deliveries over the northerly portion of the site and
construction worker parking. The term of this agreement is December 1, 2021 to May 31, 2022 and
thereafter on a six-month basis if extended. It can be terminated with thirty (30) days written notice. The
monthly license fee is a minimum of $2,000.00, and a maximum of $6,000.00 per month. A refundable
security deposit of $25,000.00 is required.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
Minutes of 111621R
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6. Adopt Resolution Requesting State Donation of an
Easement
for a Traffic Signal
Item Summary:
Approves Resolution for submittal to the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida (TIITF) requesting donation of an easement for a traffic
signal across State-owned land identified as the FGCU campus. Approves the subsequent easement from
the State for a Traffic Signal. The easement will allow for the construction and maintenance of a traffic
signal to improve traffic control at the southeast corner of the intersection of Ben Hill Griffin Parkway
and FGCU Boulevard.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
RESOLUTION No. 21-11-18
COUNTY MANAGER
7. Approve Year-End Adjustments to Funds
Item Summary:
Provides FY20-21 budget in 41 funds, due to year-end adjustments, increased
revenues, additional expenses, close out of accounts and fund accounting revisions. These adjustments
must be made within 60 days of fiscal year end. The primary adjustments are to school and fire impact
fee funds due to a change in government accounting standards, requiring the county to recognize those
impact fees as county revenues and disburse them to the districts as an expense (Grants & Aid to Local
Governments). Prior to this the revenues were treated as a pass-through (known as an "agency" fund).
The other large adjustment is recognizing Solid Waste system surplus operating revenues and, per bond
covenants, transferring the revenues to Solid Waste system reserve funds. There are no adjustments to
the county's property tax funds (General Fund, Unincorporated MSTU, Library, and All Hazards).
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
RESOLUTION No. 21-11-19
8. Present Quarterly Expenditure Reporting for County-Sponsored Functions
Item Summary:
sponsored f functions. Some of these expenditures are funded through grants and donations. These
include workshops, training, seminars, receptions, ribbon cuttings, and meals related to county-
sponsored events and meetings. Expenditures for the quarter were $27,382.37.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
FACILITIES CONSTRUCTION AND MANAGEMENT
Item Summary:
Improvements project. The scope of the project has expanded to include a new fire standpipe system.
The fire standpipe system will consist of a dry hydrant and a dry line that will have multiple fire
department connections that can be used as a water source if fire protection should be needed. This
planned project will be funded by the General Fund.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
FLEET MANAGMENT
10. Approve Use of
Piggyback
Pricing for Navistar OEM Parts & Supplies
Item Summary:
Approves the use of Sourcewell Contract No. 101520 for the purchase of Navistar
(OEM) Original Equipment Manufacture automotive parts and supplies through the contract expiration
date of December 14, 2021, and any renewals or extensions approved by Sourcewell. Expenditures
during Fiscal Year 20-21 were $260,766.82. Expenditures of $215,000 have been planned in the current
budget.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
11. Approve Contract to Purchase Sprinter Parts & Repair Service
Item Summary:
Approves a contract amendment creating an additional category for the purchase of
remanufactured/rebuilt Sprinter parts at a 12% discount for both
and
under the solicitation for Parts and Repairs Service. The total
expenditures for Fiscal Year 20-21 were $327,710.00.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
12. Approve
Contract
to Purchase Ford OEM Repair Parts & Supplies
Item Summary:
of original equipment manufacturer parts (OEM) and supplies on an as-needed basis, for an initial term
of three (3) years as approved in the department's annual adopted budget. The expenditure total for these
services for Fiscal Year 20-21 was $298,647. Expenditures of $298,000 are planned in the Fiscal Year
Minutes of 111621R
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local vendor preference of cost plus 10% and was determined to be the most responsible and responsive
bidder.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
HUMAN SERVICES
13. Approve
Contract
to Reconstruct Neighborhood Stabilization Program Property
Item Summary:
located at 70 Becker Drive, North Fort Myers. Additional work will include septic, site prep, possible
tree removal, drainage, final grading and a driveway. New construction costs will be paid for with
Neighborhood Stabilization Program funds. The reconstructed home will be sold to an income
qualifying homebuyer upon completion. This project was competitively bid through local general
contractors. Total expenditures are anticipated not to exceed $285,660.10.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
14. Approve
Vendor Agreements
to Provide Indigent Cremation Services
Item Summary:
Approves agreements with vendors to provide cremation services for deceased persons
who have no family or whose family cannot afford private funeral arrangements. One hundred eleven
(111) cremations were paid through using the Indigent Cremation Agreement during fiscal year 2021.
Services will be provided at the established rate of $350.00 per unclaimed or indigent remains.
Contracted vendors will provide services through October 31, 2022, according to a monthly rotation list
maintained by Human and Veteran Services. Expenditures will be on an as-needed basis as approved in
the budget.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
INNOVATION AND TECHNOLOGY
15. Approve Sole Source Purchase of Kronos Timekeeping & Reporting System
Item Summary:
Approves the sole source procurement of software, equipment support and training for
the County time tracking and reporting system from Kronos, Inc. in the amount of $165,630.31 through
November 30, 2022. The hardware and software that comprise the system require on-going support and
maintenance on an annual basis. The use of the sole source method of procurement was selected because
the Kronos Timekeeping system is proprietary and cannot be maintained or serviced by any other
company. Total expenditures for FY 2020-2021 were $159,731.64. The increase in price is due to the
county’s growth which includes additional clocks and licenses, as well as a 3.7% increase in Kronos
support services.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
LIBRARY
16. Approve Library System FY21-22 Annual Plan for State Aid to Libraries Grant Application
Item Summary:
Florida Statutes requires this item be submitted as part of the application due on December 1, 2021.
State Aid funds will supplement the Library System operating budget. On June 28, 2021, the Division
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
NATURAL RESOURCES
17. Approve Single Source Purchase of Seal AutoAnalyzer, Supplies, Support & Parts
Item Summary:
Approve the purchase of AA500 AutoAnalyzer, including accessories, testing supplies,
software, support and repair/replacement parts needed to maintain instruments purchased from Seal
Analytical, Inc. for a one year period of $115,000. The AutoAnalyzer is used to test water samples
throughout the County for nitrogen pollutants (such as nitrites, nitrates and ammonia). The new
machine is more accurate and requires less attention from an operator because of automation. These
purchases were planned and budgeted in the current fiscal year.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
18. Provide Direction to Draft Manatee Slow Speed Zone Ordinance
Item Summary:
Provides staff direction to draft a County ordinance creating year round slow speed
zones for manatee protection in bayside areas along Captiva Island (quarter-mile buffer including
Based upon the best available scientific information, manatees inhabit these areas on a regular basis and
there is a need to post these areas as year round slow speed zones for manatee protection.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
Minutes of 111621R
PARKS AND RECREATION
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19. Approve First Amendment to Telegraph Creek Preserve Land Stewardship Plan
Item Summary:
Approves the First Amendment to the Telegraph Creek Preserve Land Stewardship
Plan. The amendment includes a regional well field expansion project plan that is vital for public use
Utilities will mitigate any surficial impacts as a result of the project. Conservation 20/20 Land
Acquisition and Stewardship Advisory Committee (CLASAC) recommended approval of the
amendment by a vote of 5 to 4.
PULLED FOR DISCUSSION
Board Discussion:
Commissioner Ruane commented that this was the first time there has been a proposed well on
Conservation 20/20 lands. Natural Resources Director, Roland Ottolini stated that the proposed well
would be on already disturbed land that is currently being used for cattle grazing and not on land that is
being used for conservation. Mr. Ottolini went on to present the criteria for use of Conservation 20/20
lands for projects other than conservation. Commissioner Mann requested clarification and statistics on
how long we could expect this well to provide water. Public Utilities Director, Pam Keys explained that
the proposed well is needed for the future expected growth in the northern areas of Lee County and we
Commissioner Mann both requested clarification on the legality of using Conservation 20/20 lands for
informed the Board that the Conservation 20/20 program charter does allow for well drilling for the use
of water utilities.
Public Comment:
The Chairman called for public comment and there was
one (1) speaker.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
PROCUREMENT MANAGEMENT
20. Approve Contract Amendments for Temporary Personnel Services - Countywide
Item Summary:
Personnel Service of Florida, Inc., Kelly Services, Inc., and Randstad North America, Inc. dba Spherion
Staffing LLC, increasing the rate for temporary personnel. The amendments authorize personnel rate
increases because of increased costs of labor and cost of living adjustments for the staffing agencies as
$14.50 per hour for department temporary personnel and from $15.66 to $18.20 for Solid Waste
with an average increase of 17.25%. Total expenditures during Fiscal Year 2020-2021 were
approximately $1,778,120.02.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
21. Approve Contract Amendment for Custodial Services South Zone
Item Summary:
Approves the renewal of the agreements for custodial services with American Facility
amendment with USSI, providing for a Consumer Price Index increase of 4% for all items listed on the
fee schedule of the amended contract. This is the final renewal for this contract.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
CARES Act Funding
Item Summary:
related expenditures up to the full amount authorized by the Board in CY2020 ($5,491,374.00). To date,
the City has submitted reimbursement requests in the amount of $2,818,454.33 and the original
additional reimbursement in accordance with the previously approved agreements, in the not to exceed
amount of $2,672,919.67, for expenditures through December 31, 2021.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
TRANSIT
23. Approve Purchase of FTA Grant Funded Paratransit Vehicles for LeeTran
Item Summary:
Approve the purchase of eight (8) 2021 Gas Ford E-450 23-foot Terra Transit body
Cutaway Paratransit Vehicles from Freedom Bus Source, LLC. These vehicles shall replace eight (8)
high mileage ADA/Paratransit vehicles, which have met the FTA useful life criteria. The vehicles to be
purchased are completely funded by Federal Transit Administration (FTA) grants. The new vehicles are
to replace existing vehicles that are beyond their useful life of five years or 150,000 miles. The purchase
will reduce maintenance costs associated with the older, high mileage ADA Paratransit vehicles.
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Utilizing the TRIPS contract provides competitive pricing, and the selected vendor provides an
approximate 1% savings as compared to the next available unit under the TRIPS contract.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
24. Approve FTA Grant Application for Purchase of Fixed Route Service Electric Buses
Item Summary:
Approve the electronic submission of a grant application to the U.S. Federal Transit
Administration (FTA) for $4,256,987 to fund the purchase of three (3) electric buses for LeeTran's fixed
route bus service, the associated charging stations and related infrastructure expenses.
Lee County Transit will request the use of Transportation Development Credits from the State of Florida
Department of Transportation in the amount of $586,728 as soft match, allowing the project to be 100%
federally funded.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
RESOLUTION No. 21-11-20
25. Approve
Interlocal Agreement
Item Summary:
operating a Mobility on Demand (MoD) program within a designated area as outlined in Exhibit A of
the agreement. The total annual cost of service for one (1) vehicle is $289,043.00 (Exhibit B) with a
funds will cover the remaining cost of $189,043 for this service. The expenses are budgeted in the FY22
transit operating budget. The Interlocal Agreement is from January 30, 2022 to January 29, 2023
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
TRANSPORTATION
26. Approve CPA for Milling and Resurfacing on Sunshine Boulevard
Item Summary:
Approves a County Project Authorization (CPA) to the contract with Ajax Paving
Industries of Florida, LLC for Countywide Minor Paving, Drainage and Concrete, providing for milling,
resurfacing, and ADA improvements to Sunshine Boulevard from 7th St. W to Able Canal, in the
amount of $306,954.82. This project is part of the $5 million per year commitment that the Board has
made to resurfacing roads in Lehigh Acres. Construction is expected to begin in January 2022.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
27. Approve
Agreement
Maintenance
Item Summary:
Association, Inc. will be responsible for the painting maintenance of the signal pole and mast arm on the
Miromar Lakes Master Association, Inc. will be responsible for the paint maintenance of the pole and
repainting no less than once every ten (10) years. There is no cost to the County to execute this
Agreement.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
28. Approve Change Order Design of Three Oaks Parkway
Item Summary:
Oaks Roadway Design Project, providing for design updates in the negotiated amount of $1,356,975.00.
The design updates include, but are not limited to, the design of a roundabout at the intersection of
Fiddlesticks and Three Oaks Parkway, plan revisions to accommodate a shift in traffic on Daniels
Parkway to align with the updated I-75 interchange, additional survey and environmental permitting,
and the revision of the bid documents to combine the Box Culvert and South Segment into one bid
package, and an updated alignment study to facilitate right-of-way acquisition. Approval of this Change
Order will bring the contract total to $6,374,190.00. Total project costs including design, right-of-way,
landscaping and construction are expected to be $105 million.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
UTILTIES
29. Award
Annual Contract
for Wastewater Solids-Sludge Disposal
Item Summary:
Approves a Supplemental Task Authorization (STA) to the contract with CW3
Engineering, Inc. for Miscellaneous Professional Services, to design a sidewalk and water main on
$497,972.50. This project was ranked by the Bicycle and Pedestrian Advisory Committee as the #4
priority in 2016. Design and right-of-way is funded in the current fiscal year, construction is funded in
2023/24. Total project costs are estimated to be $3,466,754.00
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
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VISITOR AND CONVENTION BUREAU
30. Approve Six Month Extension to the Annual Contact for Tourism Sales & Promotion
Item Summary:
Approves a six-month extension for Florida Travel Marketing, Inc., for the annual
contract for Tourism Sales & Promotion Representative, through September 30, 2022. Total
expenditures for Florida Travel Marketing, Inc., to provide these services during Fiscal Year 2020-2021
were approximately $49,202. The low expenditure activity in the previous fiscal year reflects the
majority of consumer and travel agent trade shows being cancelled due to the pandemic. In comparison,
Fiscal Year 2019-2020 expenditures were approximately $136,872 and Fiscal Year 2018-2019
expenditures were approximately $233,863.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
ADMINISTRATIVE AGENDA
COMMUNITY DEVELOPMENT
1. Award
FY21-22 SHIP Grant Funds
to Nonprofit Housing Development Organizations
Item Summary:
The State Housing Initiatives Partnership (SHIP) program is solely funded by the State
and is locally governed by the strategies in the Local Housing Assistance Plan (LHAP) adopted by the
Board on March 17, 2020. The program places a priority on serving very low, low and special needs
households and requires 65% of the funds be spent on homeownership activities.
Approval of the agreements provides funding totaling $2,961,666 to nonprofit housing development
organizations for affordable housing projects including new construction, and rehabilitation of rental
housing units. The 2021/2022 grants will provide assistance to 52 very low and 17 low income
households including 52 households with special needs.
Board Discussion:
Public Comment:
The Chairman called for public comment and there were
two (2) speakers.
Vote:
Commissioner Sandelli moved approval, seconded by Commissioner Hamman, called and carried.
2. Continue Twenty-Five Percent DCD Permit Fee Reductions for an Additional Year
Item Summary:
Community Development (DCD) related permit fees through November 30, 2022. Any DCD permit fee-
funded budget shortfalls during this time would be covered by building permit fee fund (#15501)
reserves. This continues efforts to reduce the building permit fee fund reserves through reduced
collections and approved expenditures, while also allowing time to finalize a permit fee study underway
that is intended to help better balance revenues with costs.
Board Discussion:
Commissioner Pendergrass requested a total of the money saved by contractors and Lee County citizens
from the current twenty-five percent permit discount. Assistant County Attorney Glen Slayer informed
the board that while he did not have year to date savings figures, there is to be an expected 3.5 Million
dollars in savings for the 2021-2022 fiscal year. Commissioner Hamman requested information regarding
the benefits or disadvantages of having surplus funds in the county’s permitting accounts. County
building permit funds be forfeited back to the State of Florida, and that continuing the discount might
allow staff the time to further review and revise the fee structure to avoid future surplus funds.
Public Comment:
The Chairman called for public comment and there were no speakers.
Vote:
Commissioner Sandelli moved approval, seconded by Commissioner Hamman, called and carried.
RESOLUTION No. 21-11-21
HUMAN SERVICES
3. Accept
HUD Grant Funds
and Amend 2020 & 2021 HUD Annual Action Plans
Item Summary:
Annual Action Plans
to allocate $3,802,106 in
HOME funds received through the American Rescue Plan. Accepts $4,646,091 in HUD entitlement
funds for fiscal year 2021-2022. Funding is used for planning, homeless services, community
development, and affordable housing projects administered by
Human and Veteran Services.
Amends the
2021 Annual Action Plan to accept HOME program income to provide rental assistance to persons who
are homeless. An
Affidavit of Publication
was provided for this item.
Board Discussion:
assistance and housing development funds.
Public Comment:
The Chairman called for public comment and there were no speakers.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
RESOLUTION No. 21-11-22, RESOLUTION No. 21-11-23, RESOLUTION No. 21-11-24
Minutes of 111621R
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PUBLIC HEARING – 9:30 AM
Item Summary:
Incorporate the 2021/2022 Capital Improvement Program approved by the Board of
action is in accordance with Chapter 163 of the Florida Statutes.
CAPITAL IMPROVEMENT PROGRAM; PROVIDING FOR
PURPOSE, INTENT AND SHORT TITLE; AMENDMENTS TO
TABLES 3A, 3B, 4 AND 5; PERTAINING TO MODIFICATIONS
THAT MAY ARISE FROM CONSIDERATION AT PUBLIC
HEARING; SEVERABILITY; INCLUSION IN CODE,
CODIFICATION AND SCRIVENER’S ERRORS, AND AN
EFFECTIVE DATE.
County Attorney
Affidavit of
Publication
for entry into the record and summarized the request.
Public Comment:
The Chairman called for public comment and there were no speakers.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
Item Summary:
Extinguishes the public interest in the unimproved public utility and drainage easement
centered along the common lot line between Lots 1 and 2 of the platted lots at 15001 Cemetery Road in
create a unified building site for a residence. There were no objections from the public utility providers
and there are no other affected property owners.
County Attorney
Affidavit of
Publication
for entry into the record and summarized the request.
Public Comment:
The Chairman called for public comment and there were no speakers.
Vote:
Commissioner Hamman moved approval, seconded by Commissioner Ruane, called and carried.
RESOLUTION No. 21-11-25
3. Conduct Public Hearing to Repeal Taxicab/Vehicle for Hire Ordinances
Item Summary:
Repeal Ordinances 11-25 and 15-05 and no longer regulate taxicab and vehicle for hire
20-11-08P. The Port Authority shall continue to have all rights to regulate ground transportation services
Regulations Ordinance 94-09, as amended, and other applicable laws and regulations.
County Attorney
Affidavit of
Publication
for entry into the record and summarized the request.
Public Comment:
The Chairman called for public comment and there was
one (1) speaker.
County Attorney:
Board and stated that repealing these ordinances has come before the Board because it is the County
Attorney’s opinion that they are outdated and no longer relevant in today’s vehicle for hire market. Mr.
companies such as Uber or Lyft, and that those types of vehicle for hire companies are regulated at the
state level. Mr. Wesch also noted that several counties including Collier County have rescinded their
Taxicab / Vehicle for Hire ordinances recognizing that the ordinances have outlived their usefulness.
Board Discussion:
to the area if taxicab drivers were no longer regulated and pledged support of continuing this item to the
December 7, 2021 meeting so that the Board and Staff might have more time to gather information.
Commissioner Hamman directed Staff to provide the Board with current regulations that Uber and Lyft
currently use and the State mandates and regulations by the next Board meeting. Mr. Hamman expressed
his concern in making sure that all vehicle for hire and taxicab companies are treated fairly and equally.
Vote:
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4. Conduct a Public Hearing to Create the Tropical Point Park Mangrove Pruning O&M MSBU
Item Summary:
This item will create the Tropical Point Park Mangrove Pruning Operation &
Maintenance (O&M) Municipal Service Benefit Unit (MSBU) and will create the advisory committee
associated with the unit. Tropical Point Park is a County maintained park located at 3401 Tropical Point
owners.
AN ORDINANCE CREATING A MUNICIPAL SERVICE
BENEFIT UNIT (MSBU) FOR THE TROPICAL POINT PARK
MANGROVE PRUNING OPERATION AND MAINTENANCE
MUNICIPAL SERVICE BENEFIT UNIT; SETTING FORTH
THE PURPOSE AND DEFINING THE BOUNDARIES;
MSBU; PROVIDING FOR THE GENERAL POWERS FOR THE
ASSESSMENTS; ESTABLISHING A REVERTER, PROVIDING
FOR SEVERABILITY; ALTERNATIVE OR SUPPLEMENTAL
AUTHORITY; PROVIDING FOR MODIFICATIONS THAT
MAY ARISE FROM CONSIDERATION AT PUBLIC HEARING;
AND PROVIDING FOR AN EFFECTIVE DATE.
County Attorney
Publication for entry into the record and summarized the request.
Public Comment:
The Chairman called for public comment and there were no speakers.
Vote:
5. Conduct a Public Hearing to Create the Heritage Farms O&M MSBU
Item Summary:
This item will create the Heritage Farms Operation & Maintenance (O&M) Municipal
Service Benefit Unit (MSBU) and will create the advisory committee associated with the unit. Heritage
Farms is a non-County maintained area located southeast of the intersection of Summerlin Rd and
AN ORDINANCE CREATING A MUNICIPAL SERVICE
BENEFIT UNIT (MSBU) FOR THE HERITAGE FARMS
OPERATION AND MAINTENANCE MUNICIPAL SERVICE
BENEFIT UNIT; SETTING FORTH THE PURPOSE AND
DEFINING THE BOUNDARIES; ESTABLISHING THE BOARD
AD VALOREM ASSESSMENTS; ESTABLISHING A
REVERTER, PROVIDING FOR SEVERABILITY;
ALTERNATIVE OR SUPPLEMENTAL AUTHORITY;
PROVIDING FOR MODIFICATIONS THAT MAY ARISE
FROM CONSIDERATION AT PUBLIC HEARING; AND
PROVIDING FOR AN EFFECTIVE DATE.
County Attorney
Publication for entry into the record and summarized the request. Mr. Halverson reminded the Board that
this item was originally scheduled to be heard at the October 19, 2021 Board of County Commissioners
Board that the entirety of Heritage Farms is not located inside the proposed unit and therefor those
residing outside the proposed unit will not be effected by the Heritage Farms O&M MSBU assessments.
Mr. Halverson went on to state that this MSBU was proposed after a majority of residents in the affected
area of Heritage Farms approached the county, and that the proposed MSBU would not change
ownership of entry, access or residential roads, emphasizing that the roads located inside of Heritage
Farms are private roads and would remain private roads with work not being done without the approval
of a resident advisory board.
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Board Discussion:
before the Board with the majority of the residents approval and that the residents approached the county
of the majority of residents requesting the MSBU that they are speaking of the majority of residents
inside the affected area and that those living outside the proposed unit were not notified and did not vote
Public Comment:
The Chairman called for public comment and there were
ten (10) speakers.
Board Discussion:
Assistant County Manager/Chief Financial Officer, Pete Winton stated that the counties only role is to
collect funds and that of project manager, all decisions and approvals come from a resident advisory
funds to complete a project and Mr. Winton offered the possibility of securing a loan, however he did
state that the money being collected is based off of an inflated estimate of cost and future road projects
would possible cost less than expected.
Vote:
Commissioner Mann voting nay.
6. Adopt
Map Alternative 5
Item Summary:
Commission Redistricting process. Florida law requires that after each decennial census, the Board of
County Commissioners adjust commission districts to reduce imbalances in population distribution. Lee
County’s Home Rule Charter dictates that Commission district boundaries can only be changed after
notice and public hearing pursuant to general law. Historically, Lee County’s redistricting process has
begun in March or April of the year following the U.S. Census. Adopts the Alternative 5 redistricting
County Attorney
Affidavit of
Publication
request that Map Alternative No. 5 is in Staff’s opinion, legal and does not violate redistricting laws, or
Public Comment:
The Chairman called for public comment and there were
seven (7) speakers
and
fifty-
six (56) eComments.
Board Discussion:
Commissioner Mann expressed his concern over the legality of Alternative Map No.
5 and the possibility of future legal action against the Board. Commissioner Pendergrass commented that
County, it is his opinion that members of a certain race cannot be discriminated against when adopting
Alternative Map No. 5. Mr. Pendergrass also commented that a possible future change to the Lee County
Charter in regards to single member district voting cannot be taken into account when voting for this
there a need to consider any of the eight redistricting criteria set forth by the Lee County Charter.
support for Alternative Map No. 5.
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Sandelli, called and carried with
RESOLUTION No. 21-11-26
PUBLIC HEARING – 5:00 PM
1. First Public Hearing: Ordinance Amending LDC Chapters 16, 33, 34 – Mobile Food Vendors
Item Summary:
Hold first public hearing on November 16, 2021 for requested amendments which will
provide for limited regulation of mobile food vending, including to define locations and provide
standards of operation while mitigating impacts to surrounding locations. The second public hearing will
be held on December 7, 2021, at 9:30 a.m. in the Commission Chambers.
COMMISSIONER ITEMS
Commissioner Ruane
1. Lake Okeechobee System Operating Manual (LOSOM) Update:
Commissioner Ruane stated that after being presented with multiple models and numerous rejections
water quality.
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2. Captiva Island Transfer to Sanibel Island Sewer System Grant Update:
Commissioner Ruane stated that during a feasibility study to see if Captiva Island could successfully
transfer to Sanibel Island’s sewer system it was discovered that additional work will need to be done,
requiring an increase in the amount of the original grant. Mr. Ruane has directed staff to draft an agenda
item to increase the grant from the original $100,000.00 to roughly $160,000.00 to be heard at a future
Board meeting.
COMMISSIONERS APPOINTMENTS
Moved approval to:
∙ Reappoint James Ink to the Local Planning Agency
Vote:
Moved approval to:
Vote:
Moved approval to:
∙ Reappoint Don Schrotenboer to the Local Planning Agency
∙ Reappoint Mark Masselink to the Gasparilla Island Municipal Service Benefit Unit
Vote:
Moved approval to:
∙ Reappoint Stan Strouder to the Local Planning Agency
Vote:
Moved approval to:
∙ Reappoint Ray Blacksmith to the Local Planning Agency
∙ Reappoint Henry Zuba to the Local Planning Agency
∙ Appoint Ileana Bracete to the Well Construction Advisory Board
RESO 21-11-27
Vote:
The Chairman called for presentation of matters by citizens and there was
one (1) speaker
and
nine (9)
eComments.
The Chairman adjourned the meeting at 11:59 a.m.
By: ___________________________
____________________________________________
Minutes of 111621R