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FEBRUARY 5, 2019
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
Commissioner Kiker was absent
The Chairman called the meeting to order at 9:30 a.m. The Invocation was given by Rabbi Bruce Diamond,
Community Free Synagogue followed by the Pledge of Allegiance.
CEREMONIAL PRESENTATIONS
1. Presentation of the Pet of the Month (Commissioner Pendergrass)
Animal Services Public Information Specialist Karen Fordiani introduced Bella a 6 year old female Doberman
Pinscher/Rottweiler mix, available for adoption. This month’s promotion is in honor of Valentine’s Day and the
theme is; you can’t buy love, but you can adopt it. All approved adoption applications are only $14.00 for the
month of February. You can check out their web site at leelostpets.com to see all the available pets for adoption.
The site is up dated every hour.
Commissioner Hamman read and presented a
Ceremonial Resolution
to Chief Executive Officer of the
Children’s Advocacy Center of Southwest Florida Jill Turner. Ms. Turner was recognized for her 38 years of
devoted service and for her team approach to putting an end to child abuse and neglect. She has played a very
influential part in bringing awareness of child abuse to the community by advocating for children and providing
them a safe place to be heard. Commissioner Hamman conveyed the Boards appreciation for her service and
Commissioner Hamman read and presented a
Ceremonial Resolution
recognized as a dedicated and focused prosecutor with the Office of the State Attorney, Twentieth Judicial
Circuit, prosecuting more than 2,000 criminal cases and supervising the prosecution of tens of thousands more.
Mr. Russell’s “victims first” attitude and tenacious support of law enforcement were rewarded in September
2002 when voters elected him as the State Attorney for the 20
th
Judicial Circuit, and then reelected him time-
and-time again, until his retirement in 2018. Commissioner Hamman proclaimed February 5, 2019 as Stephen
RECAP/ANNOUNCEMENTS
Referring to the
Recap
Agenda of February 5, 2019, the Chairman announced that:
•
One (1) Item C33 removed from agenda
•
One (1) Correction - Item C26
•
One (2) Commissioner Items for Commissioner Hamman
•
One (1) Walk-on - Heard with the other Ceremonial Presentations
•
One (1) County Manager Item
•
Two (2) County Attorney items
PUBLIC COMMENT ON AGENDA ITEMS
The Chairman called for public comment on agenda items and there were no speakers.
The Chairman requested a motion to approve the balance of the agenda items and Commissioner Manning so
moved, seconded by Commissioner Pendergrass, called and carried with Commissioner Kiker absent.
CONSENT AGENDA
CLERK OF COURTS
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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 Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
2. Present Report on Monthly Financial Summary for the Month of December 2018
Item Summary:
This is a monthly, information report from the Clerk of Court’s Office that provides
interim information on selected revenues, expenditures, debt, reserves and investments.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
3. Present Report on Driver Education Safety Trust Fund for the Month of December 2018
Item Summary:
This is a monthly report from the Clerk of Court’s Office that provides financial
activity for the driver's education safety trust fund.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
Item Summary:
County Tax Collector (“Tax Collector”) to allow the Clerk to offer Recording services at the Tax
Collector’s Bonita Office. This Resolution fulfills the statutory requirement of Section 28.07, Florida
Statues, which requires that if the Clerk records documents in places other than the county seat, the
governing body of the County must approve the recording of instruments pursuant to s. 1, Art. VIII of
County Commissioners to establish, by Resolution, branch offices for County Officials and Agencies.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
RESOLUTION No 19-02-03
COMMUNITY DEVELOPMENT
Item Summary:
Approve a bald eagle management plan for nest LE-71A on a property off Old
660-foot radius of the nest. The bald eagle management plan proposes no exterior construction within
660 feet of the nest during the Southern bald eagle nesting season, October 1 through May 15. Interior
work may be conducted throughout the nesting season without eagle nesting monitoring. Board approval
of the management plan is required under the County’s Eagle Protection Ordinance; approval is
recommended by the Eagle Technical Advisory Committee.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
6. Approve 17/18 & 18/19 State Housing Initiatives Partnership
(SHIP) Grant Award Agreements
Item Summary:
The State Housing Initiatives Partnership (SHIP) program is solely funded by the State
through documentary stamp taxes and is locally governed by the strategies in the Local Housing
Assistance Plan (LHAP) adopted by the Board on February 21, 2017. 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 agreements provide funding to nonprofit housing development
organizations for affordable housing projects including new construction, disaster rehab of owner
occupied homes, disaster rehab of rental units, housing counseling and rehabilitation of rental housing
units. One of the recent funding allocations of $239,224 for rental housing rehabilitation was returned
and needs to be reallocated to ensure expenditures are made within required timelines. The available
funding is recommended to be split between the next two highest scoring applicants, Dunbar
SW Florida GW I Housing III,
who will utilize the funds to
rehabilitate existing very low income rental units.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
COUNTY ATTORNEY
7. Approve
Agreement for Traffic Control Enforcement
Inc.
Item Summary:
law enforcement agencies to provide traffic control enforcement on private streets and roads. (Florida
Statutes §316.006(3) (b)). Representatives of Corkscrew Shores Master Association, Inc. requested that
the Lee County Sheriff patrol certain private roads within the Corkscrew Shores subdivision as provided
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proposal and find that the proposal is acceptable. The County is named as an additional insured on all
liability insurance policies relating to the Association’s ownership, construction and operations and
repairs to its roads. The association has agreed to maintain the streets owned by the association and
signage consistent with applicable standards stated in the agreement. The Sheriff may charge the
association if special services are requested by the association.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
COUNTY LANDS
8. Accept Donation of Road Right-of-Way for Plantation Road Turn Lane
Item Summary:
Acquires Road
Right-of-Way
within a proposed residential development known as
Bonavie Cove Subdivision, located along Plantation Road in Fort Myers. The road Right-of-Way will be
utilized for a right- turn lane from Plantation Road accessing the subdivision.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
Item Summary:
Approves the conveyance of a + 1,742 square foot
utility easement
Utilities, Inc. to accommodate an on-site fire hydrant connection and backflow preventer servicing the
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
Item Summary:
Approves a resolution to give the County Manager, or his designee, necessary
authority to enter into, accept and release
Temporary Construction Easement Agreements
for County
projects. This resolution is intended to supplement and supersede Lee County Resolution No. 90-03-24.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
RESOLUTION No 19-02-04
Item Summary:
Approves the
Second Amendment to the License Agreement
There is no monetary change to the license agreement.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
Item Summary:
Approves the
Third Amendment to the License Agreement
between Verizon Wireless
and Lee County to permit Verizon Wireless to add a generator at the Lakes Park Tower facility. There is
no change to the annual license rate of $27,345.65 and an annual escalation of 4%.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
Item Summary:
Approves the
Sixth Amendment to the License Agreement
between Verizon Wireless
facility. There is no change to the annual license rate of $27,345.22, with an annual escalation of 4%.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
14. Authorize Binding Offer for Parcel 118 in the Burnt Store Road Widening Project
Item Summary:
Approves an offer of $13,250 to purchase Parcel 118, for the Burnt Store Road
Widening Project. This offer is necessary in order to stay within construction schedules, should
condemnation actions be required. This is a vacant residential property located at 217 Burnt Store Road
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
15. Authorize Binding Offer for Parcel 119 in the Burnt Store Road Widening Project
Item Summary:
Approves an offer of $13,250 to purchase 209 Burnt Store Road South/Parcel 119, for
the Burnt Store Road Widening Project. This offer is necessary in order to stay within construction
schedules, should condemnation actions be required. This is a vacant residential property located at 209
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Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
16. Authorize Binding Offer for Parcel 119B in the Burnt Store Road Widening Project
Item Summary:
Approves an offer of $13,250 to purchase 205 Burnt Store Road South/Parcel 119B,
for the Burnt Store Road Widening Project. This offer is necessary in order to stay within construction
schedules, should condemnation actions be required. This is a vacant residential property located at 205
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
17. Authorize Binding Offer for Parcel 132 in the Burnt Store Road Widening Project
Item Summary:
Approves an offer of $15,000 to purchase Parcel 132, for the Burnt Store Road
Widening Project. This offer is necessary in order to stay within construction schedules, should
condemnation actions be required. This is a vacant residential property located at 129 Burnt Store Road
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
18. Authorize Binding Offer for Parcel 141 in the Burnt Store Road Widening Project
Item Summary:
Approves an offer of $227,500 to purchase Parcel 141, for the Burnt Store Road
Widening Project. This offer is necessary in order to stay within construction schedules, should
condemnation actions be required. This is a vacant residential property located at 325 Burnt Store Road
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
19. Authorize Binding Offer for Parcel 144 in the Burnt Store Road Widening Project
Item Summary:
Approves an offer of $202,500 to
purchase Parcel 144,
for the Burnt Store Road
Widening Project. This offer is necessary in order to stay within construction schedules, should
condemnation actions be required. This is a vacant residential property located at 405 Burnt Store Road
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
Item Summary:
Conveys a
temporary use license
for 24 days, of approximately 1,000 square feet of
land, to the City of Cape Coral for staging materials and performing a directional bore of pipe under Del
Yellow Fever Creek Preserve, a 2020 property.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
21. Accept Donation of
Affirmation of Drainage Easement Rights
Item Summary:
Accepts drainage easement rights, from fee owner, for former Iona Drainage District
(IDD) Canals located adjacent to the west and south boundaries of Pinewood South Condominiums
property. These canals are essential to the drainage system that channels surface and storm water away
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
COUNTY MANAGER
22. Approve FY17-18 Indirect Cost Plan and Charges
Item Summary:
Approves the FY2017-2018 Indirect Cost Plans and authorizes payments to reimburse
the General Fund for services it provides to other funds. These costs are known as “indirect costs” and
pay for such things as legal services, financial services, administration, maintenance and repair and
accounting systems. The amount recommended for General Fund reimbursement from the FY2017-2018
Indirect Cost Plan is $12,760,957.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
FACILITIES CONSTRUCTION AND MANAGEMENT
Item Summary:
Approves purchases of ancillary items such as information technology equipment and
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North Fort Myers. This project, along with purchases of related furniture and equipment, was planned
and budgeted.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
Item Summary:
County from soliciting a professional services firm to perform project design and/or construction
services if the firm has or had been retained to perform the project feasibility or study analysis. Waiving
this section allows Parker/Mudgett/Smith Architects, Inc., the firm that developed the CenturyLink
Sports Complex master plan, the opportunity to submit a proposal for providing architectural design
and/or construction services for the project.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
Item Summary:
from soliciting a professional services firm to perform project design and/or construction services if the
firm has or had been retained to perform the project feasibility or study analysis. Waiving this section
opportunity to submit a proposal for providing architectural design and/or construction services for the
project.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
FLEET MANAGEMENT
26. Approve Piggyback for Purchase of Fire Rescue Vehicles and Ambulances
Item Summary:
Authorizes purchases from
ETR, L.L.C.
Contract for Fire Rescue Vehicles and Ambulances, to provide fire rescue vehicles and ambulances, on
an as needed basis, through the contract expiration date of March 31, 2020 and any renewals and/or
Mercedes Sprinter Ambulances, including customization and extended warranties, in a total amount of
$1,066,404.00.
Board:
The Chairman called for public comment and there were no speakers.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN NNOUNCED:
Item C-26 had a correction of fund type. The fund is to be changed to: General Fund.
HUMAN SERVICES
Item Summary:
ensures
expended in a timely manner to serve community needs for community development and affordable
housing projects.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
RESOLUTION No 19-02-05
and
RESOLUTION No 19-02-06
PUBLIC SAFETY
Certificate of Public Convenience and Necessity
Item Summary:
Beach Fire Control District with the necessary COPCN to satisfy the statutory requirements applicable
to their State transport license that expires on April 27, 2019. Granting of the COPCN will allow the
District to continue operating as an ALS transport service provider in accordance with State law for two
additional years.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
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Item Summary:
The Division of Emergency Medical Services has submitted an application for renewal
of their COPCN to provide advance life support (ALS) transport services. Approval provides the
Division of Emergency Medical Services with the necessary COPCN to satisfy the statutory
requirements applicable to their State transport license that expires in April 10, 2019. Granting of the
COPCN will allow the Division to continue operating as an ALS transport service provider in
accordance with State law for two additional years.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
Certificate of Public Convenience and Necessity
Item Summary:
application for renewal of their COPCN to provide advanced life support (ALS) non-transport services.
COPCN to satisfy the statutory requirements applicable to their State non-transport license that expires
on September 2, 2019. Granting the COPCN will allow the District to continue operating as an ALS
non-transport service provider in accordance with State law for two additional years.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
31. Approve Piggyback Purchase for NICE Telephony Recording Capture Layer Upgrades
Item Summary:
Approve piggyback to allow Public Safety to utilize pricing on the Lake County’s
contract to purchase NICE telephony recording licenses, channels, servers, installation, training, and
first year software assurance from
for a total expenditure of $303,320.00.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
32. Approve Purchase of Microwave Radio Backhaul Equipment, Engineering and Installation
Item Summary:
Approve Single Source No. SS190113MKP for the purchase of microwave radio
backhaul equipment, engineering and installation services from
Aviat U.S., Inc.
, in the total amount of
$1,300.000.00. The microwave radio equipment connects towers within the radio network, and this
equipment replacement will increase data transfer speeds and decrease latency across these network
paths. This is a planned purchase to support the P25 radio network replacement.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
33. Revocation of Concierge Medical Transport Certificate of Public Convenience and Necessity
Item Summary:
accordance with the ordinance, an investigation and staff report was completed. The findings of the staff
report support immediate revocation of the certificate.
Board Discussion:
just been received from Concierge Medical Transport stating that they were voluntarily surrendering
their Certificate of Public Convenience and Necessity (COPCN) while they go through reorganization.
Staff is asking the Board to remove the item as there is no action necessary.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED:
Item C-33 would be removed from the agenda due to the voluntary surrender of COPCN.
SOLID WASTE
Item Summary:
Cooperative Purchasing Program contract to purchase the following equipment from Flagler
the full time operation of the Buckingham Transfer Station due to growth in waste volumes accepted at
the campus. The total for these purchases is $1,157,031. This was planned and funded in the current
operating budget.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
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the amount of $61,586.12. The total expenditure will be $150,844.67. This will replace equipment that is
at the end of useful life. These are planned and funded in the current operating budget.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
36. Award Contract for Solid Waste Composting Facility Canopy Structure Replacements
Item Summary:
Award
, in the amount of $3,194,296 for the
replacement of Solid Waste composting facility canopy structures for three buildings. These structures
were destroyed by Hurricane Irma. Construction is estimated to begin February 2019 for a duration of
120 days.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
TRANSPORTATION
37. Approve Contract for Sanibel Overhead Sign Structures
Item Summary:
Award contract to
Highway Safety Devices, Inc.
, for three sign structures, supported
on drilled shaft foundations, installation of overhead signs and guardrail, and removal of existing signs,
structures and guardrail. The project also includes removal of existing trees, maintenance of traffic, and
$495,603.40. Construction is anticipated to begin in April.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
38. Execute Two Agreements with Dept. of Motor Vehicles for Toll Violation Enforcement
Item Summary:
Approve
two new Memorandum of Understanding Agreements
with the Department of
Highway Safety and Motor Vehicles to continue to allow Tolls the ability to identify registered owners
of vehicles through the Violation Enforcement process. The estimated cost per year is $60,000.00.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
Item Summary:
Award contract to
Pavement Maintenance, LLC
to perform resurfacing and roadway
improvements of various local roads in Lee County in the total amount of $1,563,775.00. Authorize an
additional $156,377.50 (10% of the total contract amount) in contingency funds to cover unforeseen
expenses that may arise during the project. This project is anticipated to start in early March.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
40. Award Contract for Construction of Safety Improvements at Gunnery at 8th Street Southwest
Item Summary:
Awards
, in the amount of $838,779.73, to
provide services to construct safety improvements at the intersection of Gunnery Road and 8th Street
Southwest with signalization, adding a northbound right turn lane with a keyhole lane and widen the
side street that approaches to add left turn lanes and on-road bike lanes on 8th Street on the west side of
Gunnery Road. Authorizes an additional $125,816.96 in contingency funds to cover possible unforeseen
expenses that may arise during the project. Construction is funded with Federal safety grant funds and
will begin in March.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
UTILITIES
41. Approve Construction Manager for Facility Chemical Secondary Containment
Item Summary:
Approves a Services Agreement,
Amendment to the Construction Manager at Risk
establishing the Guaranteed Maximum Price of $232,473.00 for the construction of the two concrete
containment areas at the Fort Myers Beach Wastewater Treatment Plant. Total estimated project cost is
$377,910.13 with an anticipated construction start date in spring 2019.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
42. Award Contracts for Control, Telemetry, Security and SCADA Integration Services
Item Summary:
Awards contracts to
and
McKim &
Creed, Inc.
, to provide system wide control, telemetry, security and SCADA integration services for an
initial period of two years, with the option to renew for three additional one-year periods. These services
are used to perform repairs to existing equipment and for the installation of new equipment for the
controls, telemetry and security systems at the water and wastewater facilities. Total expenditures for
these services for Fiscal Year 2017 – 2018 were approximately $140,442.50.
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Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
43. Award Contract for Construction of Master Lift Station at Corkscrew Rd and Three Oaks Pkwy
Item Summary:
Award
, to construct and install a master
pump station including all appurtenances and associated piping facilities in the Village of Estero, at the
intersection of Corkscrew Road and Three Oaks Parkway. The estimated total cost of the project is
$1,676,627.00 and construction is anticipated to begin this spring 2019.This master pump station will
create additional capacity necessary for projected future growth. (2. 04-26-19-CC8312-
Systems, Inc.–(2)
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
VISITOR AND CONVENTION BUREAU
44. Approve Interlocal Agreements with Beach and Shoreline Funding Recipients
Item Summary:
State of
and
County Beach & Shoreline projects receiving Tourist Development Tax funding in the total amount of
$50,000. There are a total of twelve (12) Beach and Shoreline projects for FY18-19 with total approved
funding of $3,908,446. These are the last two agreements that require BoCC approval.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
ADMINISTRATIVE AGENDA
COUNTY MANAGER
1. Approve a $354,000 Economic Development Incentive for NeoGenomics Laboratories
Item Summary:
Provides part of a competitive incentive package to induce NeoGenomics
Laboratories, Inc. to locate an expansion project in Lee County. This incentive is intended to increase
the company’s local workforce by an additional 295 employees with an average annual wage of at least
$59,900. The overall project currently calls for the construction of a $25-$30 million corporate
headquarters and cancer diagnostics laboratory. The Qualified Target Industry Tax Refund incentive is a
performance-based incentive that will be dispersed following the verification of performance
(Transfer of Funds)
Board Discussion:
description of the expansion project. Commissioner Pendergrass asked what safe guards we have in
place for incentives in the future to protect the Lee County tax payers, if the company decides to leave
town. Mr. Salyer stated that this is a particularly well structured performance based incentive. Meaning
paid any tax liability that they generated. The company then gets that money back in the form of a tax
refund from the State of Florida who handles all of the verification and then invoices Lee County for our
local match. The Chairman called for public comment and there were no speakers.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
RESOLUTION No 19-02-07
9:30 a.m. PUBLIC HEARINGS
Item Summary:
Extinguishes the public interest in the unimproved portion of the public utility
easement on platted lots at 2932 22nd Street SW to remove encumbrances to allow permitting and
construction of additions to the home and/or garage. There were no objections from the public utility
providers and no other affected property owners.
County Attorney:
Affidavit of
Publication
into the record.
Board:
The Chairman called for public comment and there were no speakers.
Vote:
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried with
Commissioner Kiker absent.
RESOLUTION No. 19-02-08
Item Summary:
Extinguishes the public interest in the unimproved public utility and drainage easement
between platted lots at 3843 Huntley Street in Fort Myers to remove encumbrances to create a unified
building site for a proposed residence. There were no objections from the public utility providers and no
other affected property owners.
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County Attorney:
Affidavit of
Publication
into the record.
Board:
The Chairman called for public comment and there were no speakers.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried with
Commissioner Kiker absent.
RESOLUTION No. 19-02-09
WALK-ON ITEMS
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN
ANNOUNCED THAT: The WO Item from the recap would be heard with the other Ceremonial
Presentations.
COMMISSIONERS ITEMS
Commissioner Hamman
1. Discuss sending a letter of support for the Governor’s recent budget proposal
Board Discussion:
Commissioner Hamman asked for Board approval to send a letter of support to the
regard to water quality. All Board Members agreed to the request. Commissioner Hamman directed
Staff to draft a letter for signature by the Chair or Vice Chair on behalf of the Board.
2. Discuss Army Corps of Engineers upcoming Lake Okeechobee System Operating Manual public
meetings
Board Discussion:
Commissioner Hamman wanted to bring awareness of a meeting tonight with the
stated that it will be a scoping meeting soliciting input and comments. Commissioner Hamman asked if
they had to be verbal or written and Mr. Ottolini said he would more than likely do both. Commissioner
Hamman asked the Board if they would be okay with him going to the meeting tonight representing the
Board. All members were in agreement. County Manager Roger Desjarlais asked how many meetings
will there be with the Army Corps of Engineers around the state. Commissioner Hamman had received a
copy of a letter with those dates and stated that there are 7 upcoming meetings in the different Counties.
Mr. Desjarlais also stated that he intended to send letters to the County Managers in those Counties
comments by Commissioner Hamman that will be provided at tonight’s meeting. In the letter Mr.
3. Discuss drafting an Ordinance regulating gas pumps
Board Discussion:
Commissioner Hamman addressed the issue of gas pump skippers. Stating it is an
increasing problem in the area. Several other Counties have adopted an Ordinance that requires gas
stations to lock their gas panels on their gas pumps, in order for people to not be able to tamper with
them. Commissioner Hamman is asking for direction from the Board in order to have Staff draft an
Ordinance similar to the other Counties for the Board to consider at a future meeting. Commissioner
Mann asked why the Legislature has not adopted this policy. Mr. Salyer stated that he would get with
the lobbying team in order to look into the issue. Commissioner Mann also asked if that point could be
would create an affirmative duty on a gas pump owner or proprietor to secure their gas pumps which
there is already existing criminal law for the use of a skimmer which is a 3
rd
degree felony. There was
comment and there were no speakers.
Vote:
Commissioner Mann moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
COMMISSIONERS APPOINTMENTS
LEHIGH ACRES STREETLIGHTING
UNIT
and to reappoint Bernard “Butch” McGovern to the
CONSTRUCTION LICENSING ADVISORY
COMMITTEE,
seconded by Commissioner Manning, called and carried with Commissioner Kiker absent.
Commissioner Hamman requested in Commissioner Kiker’s absence a motion to reappoint Ronald Blaszcynski
to the
and to reappoint Walter
Marion to the
HARLEM HEIGHTS STREET LIGHTING UNIT,
HARLEM HEIGHTS STREET LIGHTING UNIT,
OLD
Commissioner Manning moved
approval, seconded by Commissioner Pendergrass, called and carried with Commissioner Kiker absent.
Minutes of 020519R
Page
10
of
10
COUNTY MANAGER ITEMS
federal Harmful Algal Bloom legislation
Board Discussion:
there were two letters of election presented to the Board. One letter was from Senator Rubio concerning
providing for additional research, monitoring and early warning for harmful algal blooms. The other
letter was from Congressman Rooney making the Federal Harmful Algal Blooms (FHAB) an actual
Federal Disaster and to make resources available under the Stafford Act. Staff is asking for Board
approval to send a letter of support from the Board that would be sent to the entire Florida Delegation
expressing the Board’s support with these issues. The Chairman called for public comment and there
were no speakers.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
COUNTY ATTORNEY ITEMS
1. Extension of Algae Blooms and Red Tide/Dead Fish State Of Local Emergency (SOLE) Resolutions
th
extension of the State of
Local Emergency (S.O.L.E.) FOR Blue/Green Algae, and the 26
th
extension of the State of Local
Emergency for the Red Tide/ Dead Fish.
Board:
The Chairman called for public comment and there were no speakers.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried
with Commissioner Kiker absent.
RESOLUTION No 19-02-01
and
RESOLUTION No 19-02-02
Board Discussion:
ownership of the vehicle. The Court gave the Plaintiff seven (7) days to file an Amended Complaint and
they have filed said complaint. Attorney Wesch stated that the continued defense of this matter does not
foreclose the ability to settle the litigation should the opportunity present itself. Commissioner Hamman
said to clarify; there is no question that Lee County has ownership of the car. Mr. Wesch agreed with the
said they are willing to go to mediation. Attorney Wesch stated if the Plaintiff would move away from
their claim to what he believes to be exorbitant attorney’s fees, we could have a meaningful discussion
on settlement of the litigation. Mr. Wesch stated that with that demand still on the table the likelihood of
concluded the discussion stating that he never wants to leave the impression to the Board that no matter
how strong the case, that he is never unwilling to communicate or have a meaningful discussion with
PUBLIC PRESENTATION OF MATTERS BY CITIZENS
The Chairman called for presentation of matters by citizens and there was one
(1) speaker:
COMMISSIONERS’ WORKSHOP UPDATE
County Manager Roger Desjarlais reminded everyone of the Workshop at 1:30 p.m. today. Mr. Desjarlais stated
that at the meeting Staff would like to discuss with the Board, the Unincorporated MSTU Fund.
The Chairman adjourned the meeting at 10:20 a.m.
By: _______________________________ ___________________________________
Minutes of 020519R