The
Regular Meeting
of the
Lee County Board of County Commissioners
was held on this date with the
following Commissioners present:
Brian Hamman, Acting Chair/Vice-Chair
Ray Sandelli
The Vice-Chairman called the meeting to order at 9:30 a.m. Rev. Paul Lodato, WRXY TV CTN 10 Christian
Television, gave the invocation, followed by the Pledge of Allegiance.
1. Presentation Recognizing Working Forests Week (Commissioner Mann)
Commissioner Mann read and presented a Ceremonial Resolution designating the week of October 20, 2019
as Working Forests Week in
Lee County, stating that Florida’s forests and forest-related industries are vital for
today’s living and tomorrow’s needs. These forests cover 17.3 million acres and represent nearly one-half of
Florida’s land area and help to protect valuable natural areas from the threat of conversion to other uses, such
as residential and commercial development, while providing numerous environmental and ecosystem benefits
such as improved air quality and improved wildlife habitat.
Florida Forest Service Recreation and
Volunteer Coordinator Melinda Avni accepted the resolution and thanked the Board for the recognition.
2. Presentation of 3
rd
Quarter 2019 Employee Length of Service Awards (Human Resources)
Human Resources Director Erin Hailstone, assisted by
Deputy County Manager
David Harner and Human
Resources Specialist Victoria Abes, presented the 3
rd
Quarter Employees’ Length of Service Awards.
RECAP/ANNOUNCEMENTS
Referring to the
Recap
Agenda of October 22, 2019, the Vice-Chairman announced:
•
There were no deferrals or items to be continued
•
One Revision/Correction:
C-15
– Approve Application for CDBG-DR Funding for
San Carlos Park
Irma-Move from Consent to Administrative Agenda; (Request by County Manager)
•
One Walk-On item
– Ostego
Bay Grant Application will be heard at the appropriate time in the agenda.
(Commissioner Sandelli)
PUBLIC COMMENT ON AGENDA ITEMS
The Vice-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 Manning – None
Commissioner Pendergrass – Item 7
Commissioner Sandelli – None
Commissioner Hamman – Item 16
Commissioner Mann – None
The Vice-Chairman requested a motion to approve the balance of the Consent Agenda items and Commissioner
Manning so moved, seconded by Commissioner Pendergrass, called and carried.
CONSENT AGENDA
CLERK OF COURTS
1. Approve and
Record County Disbursements per
Florida Law
Item Summary
: Florida Statutes, Chapter 136.06(1), requires that all
County disbursements
be recorded
in the Minutes of the Board. This is for the check and wire registers viewable on the Clerk’s website.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
2. Approve the Minutes for Meetings of the Board of County Commissioners
Item Summary:
Approve the Minutes for meetings of the Board of County Commissioners.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
3. Adoption of Board Resolution to
Record Authority for FY19 Disposal of County Tangible Property
Item Summary:
To record authority for the disposal of county-owned personal property by resolution
in the Board meeting minutes, as required by §274.07. Florida Statutes.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
RESOLUTION No. 19-10-09
4. Accept the Public Facilities Level of Service and Concurrency 2019 Report
Item Summary:
Acceptance of Annual Public Facilities Level of Service and Concurrency Report for
2019, documenting public facilities levels of service and compliance with statutory requirements for a
concurrency management system, and identifying potential improvements that could be considered in
capital improvement programming. Required public facilities subject to concurrency per statute are solid
waste, surface water management, potable water, and sanitary sewer. Concurrency evaluations for parks,
roads and schools are considered optional and are utilized to plan for needed improvements. The report
indicates that the existing capacity of solid waste, surface water management, potable water, sanitary
sewer, parks, and school facilities meet the adopted level of service standards, and will continue to meet
the standards in the near-term future with the added capacity from programmed improvements. For roads,
the report identifies three County-maintained segments within City boundaries as failing based on current
conditions, and four more (one within a City) projected to fail by 2023 based on expected growth.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
5. Approve and Execute
FY19-20 Funding Agreement
between
Lee County and Florida Rural Legal
Services, Inc.
Item Summary
: Approve and execute FY19-20 funding agreement ($197,702) with Florida Rural Legal
Services, Inc. to provide legal services to the poor and indigent residents of
Lee County for
landlord/tenant, family law matters, home foreclosures, etc. Florida Statues Section 29.008 requires local
government funding for indigent legal services. This is a $2,922 increase from FY18-19.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
6. Approve and Execute
FY19-20 Funding Agreement
between
Lee County and Guardian ad Litem
Item Summary:
Approve and execute FY19-20 funding agreement ($80,160) with Guardian ad Litem to
provide funding for 2 full-time equivalent state employees for Data Management for the local Guardian
ad Litem Program.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
7. Approve and Execute
FY19-20 Funding Agreement
between
Lee County and Legal Aid Society, Inc.
Item Summary
: Approve and execute FY19-20 funding agreement ($504,084) with Legal Aid Society,
Inc. to provide competent legal advice and representation to the poor and indigent residents of
Lee County
for family law matters. Florida Statues Section 29.008 requires local government funding for indigent
legal services. This is a $7,450 increase from FY18-19.
Pulled for Discussion
: Commissioner Pendergrass called on two speakers from the
Lee County Legal
Aid Society, Inc. in the audience. Both gentlemen came forward to address the Board, briefly describing
some of Legal Aid’s functions in the community, and expressed gratitude to the Board for the funding
assistance and support.
Andrew J. Banyai, Esq., Executive Director,
Lee County Legal Aid Society, Inc.
Harry O. (“Hank”) Hendry, Esq.,
Lee County Attorney, former Board member
Vote:
Commissioner Pendergrass moved approval, seconded by Commissioner Manning, called and carried.
8. Approve and Execute
FY19-20 Funding Agreement
between
Lee County and Public Defender
Item Summary
: Approve FY19-20 funding agreement ($1,056,109) with the Public Defender's office.
Chapter 27, Florida Statutes, provides that the County may contribute additional funding for the Public
Defender's Office by contract. Approval of the Agreement provides funding for attorneys and support staff
for enforcement of county ordinances and other services by the Public Defender.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
9. Approve and Execute
FY19-20 Funding Agreement
between
Lee County and State Attorney
Item Summary:
Approve FY19-20 funding agreement ($1,189,100) with State Attorney's office.
Chapter 27, Florida Statutes, provides that the County may contribute additional funding for the State
Minutes of 102219R
Attorney’s Office by contract. Approval of the Agreement provides funding for attorneys and support
staff for enforcement of county ordinances and other services by the State Attorney.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
10. Direct Ordinance Amending Burnt Store Fire Services MSTU Boundary to Public Hearing
Item Summary
: Amend the District boundary to include portions of unincorporated
Lee County
previously unintentionally omitted.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
11. Ratify and Affirm the Repeal of
Lee County Ordinance No. 00-04
Item Summary
: This request will ratify and affirm the vote made by the Board at a public hearing
conducted at their October 1, 2019-meeting to adopt
Lee County Ordinance No. 19-19. This 2019-
Ordinance formally dissolves the MSBU, and will be filed with the Florida Secretary of State once
executed by the Board Chair.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
The Ordinance adopted and filed was
LEE COUNTY ORDINANCE No. 19-19
entitled:
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS
OF LEE
COUNTY,
FLORIDA, ABOLISHING
LEE COUNTY ORDINANCE NO. 00-04
RELATING TO
THE UNIVERSITY LANDSCAPING OPERATION AND
MAINTENANCE SPECIAL IMPROVEMENT UNIT; PROVIDING FOR
RECITALS; PURPOSE; DISSOLUTION
OF THE MSBU, USE
OF FINAL
FUNDS, NO INVALIDATION
OF OTHER COUNTY AGREEMENTS;
MODIFICATIONS THAT MAY ARISE FROM CONSIDERATION AT PUBLIC
HEARING; AND PROVIDING FOR ADOPTION AND AN EFFECTIVE DATE
12. Accept Donation of Slope Easement for a Canal Crossing Project in Lehigh Acres
Item Summary
: Accept the donation of a
perpetual slope easement
located on a vacant residential lot at
3103 4th Street W., in Lehigh Acres, for a Lehigh Acres Canal Crossings Project, No. 6713-2. This
acquisition will accommodate future construction of a canal crossing that will connect the ends of 4th
Street W. over Cod Canal. Construction is planned to commence in fall 2020.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
13. Quarterly Reporting of Expenditures for County-Sponsored Functions
Item Summary:
Lee County Ordinance No. 90-18requires quarterly reporting of expenditures on county-
sponsored functions. These include workshops, training seminars, receptions, ribbon cuttings, and meals
related to county-sponsored events and meetings. Expenditures for the quarter were $64,000.38.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
14. Approve Underwriter Selection for Water and Sewer Bonds Refinancing
Item Summary:
Select JP Morgan as Senior Underwriter and Co-Underwriter
UBS for the refunding of
the Water and Sewer Revenue Bonds Series 2011, 2012A, 2012B and 2013A. The bonds were originally
used for a variety of past utility acquisitions, as well as expansion of the
Green Meadows Water Treatment
Plant. Current market rates indicate the bonds could be refinanced for a net present value of 9% ($8.5
million present value). The terms of the bonds will not be extended.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
15. Approve Application for CDBG-DR Funding for
San Carlos Park Post-Irma Project
Item Summary:
Authorize Staff to submit an application of up to $5 million to the Florida Department
of Economic Development for Community Development
Block Grant – Disaster Relief (CDBG-DR)
funding to cover unmet needs from Hurricane Irma damage in sections of
San Carlos Park that meet
federal guidelines for low and moderate income households. The proposed project includes repairs to
canals and flood-control ditches, roadside ditches and flood control structures and sidewalks. The source
of funding is a special Congressional appropriation of federal disaster-relief funds that are administe
red
by the state.
DURING THE ANNOUNCEMENTS PORTION
OF THE MEETING THE VICE-CHAIRMAN
STATED THAT ITEM C-15 WOULD BE MOVED TO THE ADMINISTRATIVE AGENDA (REFER
TO ADMINISTRATIVE AGENDA ITEM A-2)
FACILITIES CONSTRUCTION AND MANAGEMENT
16. Award Contract for Landscape Maintenance and Mowing Service - Downtown
Item Summary:
Award a contract to
Landscape Dimensions, Inc.
to provide mowing and landscape
maintenance for County facilities and buildings located in the downtown area, for an initial term of two
years, as approved in the departments’ annual adopted budget, in an amount not to exceed $270,000.00
annually. The contract can be renewed for up to three additional one-year periods, upon the agreement of
both parties, in an amount not to exceed $270,000.00 annually. Total expenditures for these services for
Fiscal Year 2017-2018 were $197,789.04. The increase in annual expenditures accounts for the base bid
of $183,541.88 and an additional $86,458.12, allowing for the need for new flowers, shrubs, mulch, tree
trimming, new plantings in some areas and providing for price increases over the term of the contract.
Pulled for Discussion:
In response to Commissioner Hamman’s query about the request being
significantly higher than the amount budgeted FY17-18, and Commissioner Sandelli’s notation that it was
a 36% increase,
Assistant County Manager
Glen Salyer briefly reviewed the scope of the proposed
landscaping and enhancements, noted the fact that the bid came in high, and recommended leaving the
initial amount of $270,000 for the first year only and reducing the three additional one-year periods to
$215,000. Commissioner Pendergrass remarked on the importance of the enhancements for the facilities
located in the downtown area, pointing out that some were in poor condition. The Chairman called for
public input and there were no participants.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried.
17. Approve Renewal for
Retiree Group Medicare Advantage Plan
Item Summary:
Approve an insurance premium increase of 12.5%, to
Aetna Life Insurance Company,
for the renewal of the annual contract for the retiree Group Medicare Advantage Plan through December
31, 2020. The contract provides for annual premium adjustments at the beginning of any subsequent term.
The majority of the increase is resulting from the reinstatement of the Affordable Care Act health insurer
fee for full insured plans. Without the health insurer fee, the renewal would be a 2.6% increase. The total
expenditures for
Aetna Life Insurance Company to provide services during Fiscal Year 2018-2019 were
approximately $1,664,563.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
18. Approve Purchase of Online Computer Library Center (OCLC) Products
Item Summary
: Approve the sole source procurement for the renewal of the County’s
Online Computer
Library Center
(OCLC) Master Services Agreement from
OCLC Inc., in an amount not to exceed
$200,000.00. Expenditures during Fiscal Year 2018-2019 were $80,080.33. The sole source was the best
method to acquire this service as no other company offers the services that
OCLC does for cataloging,
interlibrary loan, and database connection services.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
19. Approve Purchase of Freegal Music Electronic Resource for Library
Item Summary
: Approve the sole source procurement for the renewal of the Library’s Freegal Music
Streaming Service from
Library Ideas, LLC,
in an amount not to exceed $100,000.00. Expenditures
during Fiscal Year 2018-2019 were $99,750.00. Freegal/Library Ideas was procured as a sole source
because they are the only vendor of streaming music that has the
Sony label available in this electronic
format.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
20. Approve Price Increase for Security & Parking Monitor Services - Countywide
Item Summary:
On June 19, 2018, the Board approved purchases under the formal solicitation for the purchase of security
and parking monitor services countywide, on an as needed basis, as approved in the departments’ annual
adopted budgets. As of September 10, 2019, expenditures were authorized in the amount of $703,907.19.
The proposed Board action clarifies the annual anticipated expenditures and provides a not to exceed
maximum spend of $720,000.00 per contract year, through June 24, 2020. The Board action also approves
a Consumer Price Index (CPI) Price Increase of 1.7%, to First Coast Security Services, Inc., through June
24, 2020. The contract, renewed on June 17, 2019, provides for annual CPI adjustments at the written
request of the vendor. This was the first renewal for this contract.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
21. Approve an
Agreement
between
Lee County and Nextel South for Radio Frequency Reconfiguration
Item Summary:
This item approves the closeout of a 2008 agreement with
Nextel South Corp., a
wholly-owned indirect subsidiary of
Sprint Corporation, for costs associated with the reconfiguration of
Minutes of 102219R
Government Communications Network frequencies. The total cost of County resources for this
reconfiguration was $90,771.80, and $83,210.00 was previously paid by
Nextel South. This agreement
closeout will make the County whole for its costs.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
RESOLUTION No. 19-10-10
22. Accept $88,398 in Grant Funds from the Florida Department
of Health
Item Summary:
Board
a
pproval will provide $88,398 in grant funding to improve and enhance
Lee
County’s existing EMS system. The funds will not be used to supplant existing County EMS budget
allocations. Accepting the grant allows
Lee County EMS to use the awarded funds to pay for medical
equipment for EMS operations and training and provide support to
Lee County Injury Prevention
Coalition.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
23. Approve Extension to Interlocal Agreement for Burnt Store Area Fire Service MSTU
Item Summary
: Approve the
Second Extension to the Interlocal Agreement
Coral for continued fire protection and prevention services to the Burnt Store Fire Municipal Services
Taxing Unit (MSTU). The extension will commence on December 1, 2019 and end on November 30,
2020. It will allow the parties to explore other taxing methodologies at the request of the
City of Cape
Coral.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
RESOLUTION No. 19-10-10
24. Accept the FY2018 State Criminal Alien Assistance Program Grant
Item Summary:
Allow the
Lee County Sheriff’s Office to accept FY 2018 State Criminal Alien
Assistance Program funds for reimbursement of expenditures incurred for housing illegal aliens in our
detention facilities. Authorizes LCSO to spend SCAAP funding in the following areas of Corrections:
salaries, equipment and expenses other than salaries and equipment.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
RESOLUTION No. 19-10-11
and
RESOLUTION No.19-10-12
25. Acknowledge Maintained
Right-of-Way Dedication
at
Lee Boulevard and
Lee Street
Item Summary
: Acknowledge the dedication of ±126.40 square feet of County-maintained roadway,
deemed to be dedicated to the public, pursuant to Section 95.361 Florida Statutes, located at the
intersection of
Lee Boulevard and
Lee Street, Lehigh Acres. Dedication necessary for new traffic signal
installation meeting safety warrants.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
26. Award
Contract
for Construction of the Fiddlesticks Water Main Replacement Phase 1
Item Summary:
Award a contract to Quality Enterprises
USA, Inc. to provide replacement of water
mains in the Fiddlesticks community, in an amount not to exceed $1,616,164.60. This project will
replace existing water mains along Fiddlesticks Blvd, Kilbirnie Drive, Kilmarnock Drive, Glenlyon
Court, and
Carberry Court. The pipe in this area is approximately 37 years old and is the highest
priority given the number of main breaks experienced during the last 6 years. The project will replace a
failing distribution system that has caused poor service reliability. The Board of County
Commissioners approved the design of this construction project on 11/7/17. The total estimated cost
for this project is $2,509,941.62. Construction is anticipated to start late in 2019.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
27. Award
Contract
for Design of Master Pump Station 6600 Upgrades
Item Summa
ry: Award a contract to McKim & Creed, Inc.to provide design, permitting, and
construction engineering inspection services for the upgrades at Master Pump Station 6600, in an
amount not to exceed $530,000.00. This project will address pumping and wet well capacity, update the
electrical and mechanical systems and reduce potential overflows during peak flows. The Board of
County Commissioners approved the project funding as part of the
FY18 Utilities Capital Improvement
Program. The total estimated cost of this project is $2,685,000.00. Construction is anticipated to start in
FY21.
Vote
: Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
COUNTY LANDS
ADMINISTRATIVE AGENDA
1. Exercise Option Agreement to Purchase Land for the Alico Road Extension
Item Summary:
Acquire 87-acres of land to be utilized for road right of way and stormwater management
for the Alico Road Connector Project, at an estimated cost of $2,255,868; inclusive of fees and costs to
close. The Alico Road Extension Option Agreement was approved by the BoCC on December 16, 2014,
and authorization is needed to exercise the option and finalize the purchase.
Board:
Following a brief review of the request by
Deputy County Manager
David Harner, the Vice-
Chairman called for public comment and there were no speakers.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
Commissioner Pendergrass commented that he looked forward to this project moving forward to alleviate
some of the traffic issues on Corkscrew Road, Daniels Parkway and Colonial Boulevard.
DURING THE ANNOUNCEMENTS PORTION
OF THE MEETING THE VICE-CHAIRMAN STATED
THAT ITEM C-15 WOULD BE MOVED TO THE ADMINISTRATIVE AGENDA (PLEASE SEE
ADMINISTRATIVE AGENDA ITEM A-2)
2. Approve Application for CDBG-DR Funding for
San Carlos Park Post-Irma Project
Item Summary:
Authorize Staff to submit an application of up to $5 million to the Florida Department
of Economic Development for Community Development
Block Grant–Disaster Relief (CDBG-DR)
funding to cover unmet needs from Hurricane Irma damage in sections of
San Carlos Park that meet
federal guidelines for low and moderate income households. The proposed project includes repairs to
canals and flood-control ditches, roadside ditches and flood control structures and sidewalks. The source
of funding is a special Congressional appropriation of federal disaster-relief funds that are administered
by the state.
Board:
Deputy County Manager
David Harner summarized the FDEC-CDBG-Disaster Relief Grant
indicating the grant would assist in covering unmet needs from damage by Hurricane Irma in sections of
San Carlos Park, meeting federal guidelines for low and moderate income households, and will cover
repairs to canals and flood-control ditches, roadside ditches, flood control structures and sidewalks noted
in the Flood Study.
Vote:
The Vice-Chairman called for public comment and there were no speakers. Commissioner Manning moved
approval, seconded by Commissioner Pendergrass. In Board discussion, Commissioner Pendergrass
thanked Staff for their efforts in procuring the grant. The motion was called and carried.
PUBLIC HEARING - 9:30 AM
1. Approve Petition to Vacate at 540 Meadow Road, Lehigh Acres, FL
Item Summary:
Extinguish the public interest in the unimproved public utility easements centered on the
common lines between Lots 21 and 22, 22 and 23, 23 and 24, 24 and 25, and lots 25 and 26 to remove
encumbrances to create a unified building site for a commercial retail store. There were no objections
from the public utility providers and no other affected property owners.
County Attorney:
Senior
Assistant County Attorney John Fredyma approved the
Affidavit of Publication
for entry into the record and briefly summarized the request.
Board:
The Vice-Chairman called for public comment and there were no speakers
.
Vote:
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried
RESOLUTION No. 19-10-13
2. Approve Petition to Vacate at 17875 Chesterfield Rd.,
North Fort Myers, FL
Item Summary
: Extinguish the public interest in a portion of the unimproved maintenance easement at
17875 Chesterfield Road to facilitate the construction of an addition to an existing structure. There were
no objections from the public utility providers or applicable government entities.
County Attorney:
Senior
Assistant County Attorney John Fredyma approved the
Affidavit of Publication
for entry into the record and briefly summarized the request.
Board:
The Vice-Chairman called for public comment and there were no speakers.
Vote:
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried
RESOLUTION No. 19-10-14
3. Approve Petition to Vacate at 3205 46th Street SW, Lehigh Acres, FL
Item Summary
: Extinguish the public interest in the unimproved public utility easement centered on the
common lot line at 3205 46th Street SW in Lehigh Acres to remove encumbrances to create a unified
building site for a residential accessory structure. There were no objections from the public utility providers
and no other affected property owners.
County Attorney:
Senior
Assistant County Attorney John Fredyma approved the
Affidavit of
Publication
for entry into the record and briefly summarized the request.
Board:
The Vice-Chairman called for public comment and there were no speakers
.
Vote:
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION No. 19-10-15
4. Conduct Public Hearing to Adopt an Ordinance Amending Airport Rules and Regulations Ordinance
Item Summary
: The proposed amendment will, 1) prohibit people from bringing animals into airport
buildings unless they are Service Animals under
Florida law, Government Animals, or animals in transit;
2) provide rules for travelling with animals; and 3) provide procedures for enforcement and the issuance
of fines when the rules are violated.
County Attorney:
Lee County Port Authority
Assistant County Attorney
Gregory Hagen approved the
Affidavit of Publication
for entry into the record and summarized the proposed amendment, outlining the
amended ordinance provisions. In response to a request by Commissioner Hamman,
Mr. Hagen provided
an overview of the expansion project currently in progress at the airport and Commissioner Pendergrass
apprised that once completed there would be a dedicated free-roaming space to accommodate animals. The
Vice-Chairman called for public comment and there were no speakers.
Vote:
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
The Ordinance adopted and filed was
LEE COUNTY ORDINANCE No. 19-21
entitled:
AN ORDINANCE AMENDING
LEE COUNTY ORDINANCE NO. 94-09,
THE AIRPORT RULES AND REGULATIONS ORDINANCE, AS
AMENDED BY
LEE COUNTY ORDINANCE NUMBERS 97-20, 01-19,
AND 11-12; PROVIDING RULES AND REGULATIONS FOR THE
SOUTHWEST FLORIDA INTERNATIONAL AIRPORT,
PAGE FIELD
AIRPORT, AND ANY
OTHER AIRPORT FACILITY UNDER THE
JURISDICTION, CONTROL, AND ADMINISTRATION
OF LEE
COUNTY,
FLORIDA, OR THE
LEE COUNTY PORT AUTHORITY;
AMENDING SECTION 1, DEFINITIONS; SECTION 4, PERSONAL
CONDUCT, AND SECTION 5, PENALTIES; PROVIDING FOR
CONFLICTS
OF LAW, CODIFICATION, SCRIVENER'S ERRORS, AND
SEVERABILITY; PERTAINING TO MODIFICATIONS THAT MAY
ARISE FROM CONSIDERATION AT PUBLIC HEARING AND AN
EFFECTIVE DATE.
WALK-ON AGENDA
1. Approve Letter Supporting Ostego Bay Foundation Grant Application
Item Summary
: This letter supports a new project which is an application to the State of
Florida, Stan
Mayfield Working Waterfront Grant Program. This grant is part of the Florida Forever program and is
administered by the Florida Communities Trust. It has only been funded by the Legislature for this cycle
for $2.7 million to be granted for acquisition of working waterfront in support of commercial fishing.
Ostego Bay Foundation is asking for a $2.36 million state grant to buy waterfront property on
San Carlos
Island in order to preserve the use for commercial fishing. It is being used for commercial fishing and
recreational dockage now, and if funded, this would preserve the use for commercial fishing in perpetuity.
In order for Ostego Bay’s request to be eligible, it needs a Local Government to act as a backup manager
to assume responsibility for management of the Project Site in the event the Foundation was unable to
continue [62-820.003 FAC]. The land would be owned by the Foundation, and commercial fishing
operations would be required by the grant. If Ostego Bay defaults, the ownership reverts to the State and
they would look to transfer the land to the County and expect the County, directly or via
contract/concessionaire/other method, to resume the commercial fishing activity.
Board Discussion:
Commissioner Sandelli requested Board direction to send a letter in support of a $2.7
grant supporting commercial fishing in perpetuity on
San Carlos Island, administered by Ostego Bay
Foundation, as explained in the Item Summary,
Public Comment:
The Vice-Chairman called for public comment and one speaker came forward:
Joanne Semmer-
(Handout) on behalf of
Ostego Bay Foundation Marine Science Center
Vote
: Commissioner Sandelli extended gratitude to Staff for their assistance on short notice, and Commissioner
Mann stated his support and noted the significance of the Commercial Fishing Industry. Commissioner
Manning moved approval, seconded by Commissioner Mann, called and carried.
1. Update on Trip to
Washington, D.C.
Commissioner Hamman recapped a recent and successful trip he and Commissioner Pendergrass made to
Washington, D.C. with other members of the
Florida Association of Counties (FAC), noting they were
kept quite busy by the
White House Intergovernmental Affairs Team, including a visit to the
White House,
Minutes of 102219R
attendance at an Everglades Caucus Meeting, cordial conversations with our Legislative Delegation and
Senators, and remarked on the U.S. Army Corps of Engineers’ management of Lake Okeechobee in 2019
and plans for moving ahead.
2
.
Approximately 300 acres near Shell Point
Commissioner Hamman asked for the Board’s direction for Staff to commence due diligence on a parcel
of property consisting of 300 acres near Shell Point covered mostly by mangroves, with numerous protected
wildlife species, for which the owner is planning to seek rezoning for permission to clear the mangroves
and build 55 homes. Staff would be directed to approach the owner or his attorney to discuss a potential
purchase of the property for Conservation 20/20.
Board Discussion and Vote:
Commissioner Manning moved approval, seconded by Commissioner
Hamman. In response to a question by Commissioner Pendergrass, County Attorney
Richard Wm.Wesch
provided procedural guidance regarding the potential rezoning change, advising that since the parcel is also
in a Comprehensive Plan Amendment situation, as long as one matter would not impact the other in any
way, there was no issue in moving forward. Commissioner Mann pointed out that this was allowable under
the revised Conservation 20/20 Ordinance authorizing the Board to reach out to owners of properties fitting
Conservation 20/20 criteria. The motion was called and carried.
Deputy County Manager
David Harner
stated that Staff would commence due diligence and bring the results back to the Board.
COMMISSIONERS APPOINTMENTS
Commissioner Pendergrass
Requested a motion to:
•
Reappoint
Pamela Geiger and Bernie Lamach to the Whiskey Creek Club Estates
Advisory Committee
•
Reappoint
Victor Dupont to the Executive Regulatory Oversight Committee
•
Reappoint
Walter Johns to the Construction Licensing Committee
•
Reappoint
Richard Sapp and Kirsten O’Donnell to the Community Action
Agency/Neighborhood District
Vote:
Commissioner Manning seconded the motion and it was called and carried.
Commissioner Sandelli
Requested a motion to:
•
Appoint
Kevin Shimp to the Waterways Advisory Committee
•
Reappoint
Robert Pease to the Town & River Improvement Unit
•
Reappoint
Kari Lefort to the Community Action Agency/Neighborhood District
•
Reappoint Josh Tuyls to the Construction Licensing Committee
•
Reappoint
Tracy Hayden to the Executive Regulatory Oversight Committee
Vote:
Commissioner Manning seconded the motion and it was called and carried.
Commissioner Hamman
On behalf of the Vice-Chairman, Commissioner Manning requested a motion to:
•
Appoint
Dr. Tom Felke to the Partnering for Results Proposal Review Panel
(
Florida Gulf Coast University)
•
Appoint Debora Ithier to the Partnering for Results Proposal Review Panel
(
Lee County Health Department)
•
Appoint Margaret Lince to the Partnering for Results Proposal Review Panel
(
Lee County Sheriff’s Office)
•
Appoint
Jennifer Royal to the Partnering for Results Proposal Review Panel
(State Attorney’s Office)
•
Appoint
Edward Fritz to the Partnering for Results Proposal Review Panel
(
Workforce Council of Southwest
Florida)
Vote:
Commissioner Pendergrass seconded the motion and it was called and carried.
Commissioner Mann
Requested a motion to:
•
Appoint
Richard Morrison to the Construction Licensing Board (Air Conditioning
Contractor Representative-at-Large
•
Reappoint
Frederick R. Richards and
Gabriel Falk to the Community Action
Agency/Neighborhood District
•
Reappoint
James M. Ink to the Executive Regulatory Oversight Committee
Vote:
Commissioner Manning seconded the motion and it was called and carried.
Assistant County Manager
Glen Salyer asked for approval by the Board for Staff to spearhead a Complete
Counts Committee for gathering the 2020 Census that would strive to ensure that our traditionally
undercounted neighborhoods fully participate in the census, in partnership with the United Way, LCSO,
all County Municipalities and several County Departments, to really get the word out and ensure that
people are responding.
Vote
: Commissioner Manning moved approval, seconded by Commissioner Pendergrass. Commissioner
Pendergrass mentioned inclusion of the newly re-formed Hispanic American Committee
COUNTY ATTORNEY ITEMS
County Attorney
Richard Wm.Wesch had no additional items for consideration.
PUBLIC PRESENTATION
OF MATTERS BY CITIZENS
The Vice-Chairman called for public presentation of matters by citizens and there were two (2)
speakers:
Alva resident
Jim Hanson spoke on property damage to the Caloosahatchee shoreline
caused by large speeding boats.
Paul P. Drake,
Tallahassee, FL spoke on behalf of Gallagher American
Family and Funeral Services about concerns for funeral services for the indigent or
unclaimed.
The Vice-Chairman adjourned the meeting at 10:40 a.m.
By: ___________________________
____________________________________________
Acting Chair/Vice-Chair,
Lee County Commission