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MARCH 07, 2023
The
Regular Meeting
of the
was held on this date with the
following Commissioners:
Ray Sandelli
CEREMONIAL PRESENTATIONS
1. Pet of the Month – Commissioner Pendergrass
Commissioner Pendergrass introduced Domestic Animal Services Public Information Specialist, Karen
Animal Services and everyone is a winner when a new pet gets adopted. Adoption fees will be reduced
through March 31, 2023. Adult dogs will be $30 with an approved application. To add to the adoption
Thursday, March 30, 2023 from 10:00 am – 1:00 pm at Estero Park. There is a $5.00 donation fee that
will go directly to the Animal Care Trust Fund (ACTF) which was established in 2002 to provide
specialized care and services to stray animals here in Lee County. For more information you can visit
or check out their Facebook page. Commissioner
Pendergrass asked Ms. Fordiani and Mr. Adorno to have their Staff come up so he could recognize some
of the great work they have done over the last six (6) months following Hurricane Ian. He stated Lee
efforts.
Specialist, Joanne Miller who is currently celebrating forty-one (41) years of service with the Clerk of
Courts, and has a long history of collaborating with authors on various historical issues in relation to Lee
County. A member of the Lee County Historical Society, Ms. Miller recently assisted an author by the
research, Ms. Miller was put in contact with a distant relative of Clerk Bain’s who was able to produce a
photo of the late Mr. Bain. This is the first known official portrait of Clerk Bain in Lee County records.
RECAP/ANNOUNCEMENTS
Referring to the
Recap
Agenda of March 07, 2023, the Chairman announced that:
Revisions and Corrections:
•
The County Attorney’s Office request the following revisions to the 9:30AM Public Hearing No. 1:
o
Case No. VAC2022-00014. Conduct a public hearing to adopt a resolution approving
vacation of the public interest in an approximately 259 SF portion of a public utility
easement lying in Lot 11, Block 49 Unit 5 of that certain plat of South ½ Section 28,
Township 44 South, Range 26 East, a Subdivision of Lehigh Acres as recorded in Plat Book
o
Boulevard in Lehigh Acres.
Public Comment:
The Chairman called for public comment and there were no speakers.
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Sandelli, called and carried.
Commissioners’ Items:
•
Long Term Recovery Task Force – Commissioner Ruane
County Manager Items:
•
Burn Ban
•
Ballfield Lights Discussion
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PUBLIC COMMENT ON AGENDA ITEMS
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Hamman – None
Commissioner Greenwell – None
Commissioner Ruane – None
Commissioner Pendergrass – C-3
Commissioner Sandelli – None
The Chairman called for public comment on any Consent Agenda items and there were two (2) speakers.
C-5
and
C-23
C-11
The Chairman requested a motion to approve the Consent Agenda items and Commissioner Ruane so moved,
seconded by Commissioner Greenwell called and carried.
CLERK OF COURTS
CONSENT AGENDA
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 Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
2. Present Monthly Investment Summary for January 2023
Item Summary:
This is a monthly information report from the Clerk of Court’s Office that provides
interim information on investments.
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
COMMUNITY DEVELOPMENT
PULLED FOR DISCUSSION
3. Adopt Resolution Allowing Reconstruction of Boca Grande Communication Tower Facility
Item Summary:
Approval of this resolution will permit the reconstruction of a wireless
communications facility that includes a 160 foot antenna and other structures located at 390 East
Railroad Avenue, Boca Grande. During Hurricane Ian, winds damaged the facility, causing it to
collapse. Due to height limitations for Gasparilla Island contained in the Land Development Code,
reconstructing a new tower at the same height requires Board approval. Staff recommends that the Board
approve this item to maintain consistent, reliable telecommunication services for residents of Boca
Grande.
Board Discussion:
Commissioner Pendergrass pulled the item stating how important it is the have cell
service and that he is aware of the current issues. Commissioner Pendergrass stated that residents have
reached out to him concerning the issues and are asking for a small group to meet with County Staff, the
Vertical Bridge Committee, and the Community Cell Tower Committee. Commissioner Pendergrass
stated the group wants to be involved with the design of the Communication Tower Facility. Deputy
County Manager Dave Harner confirmed that Staff has been meeting with the group and will continue to
do so regarding this item. Commissioner Hamman asked Staff to confirm that the resolution being
passed accomplishes the ability to continue to move forward regarding the tower height only and not
approval of the site plan. County Attorney Richard Wm. Wesch confirmed the item is a finding of public
necessity to allow for compliance with the special rules that govern development on the island. Because
this is a replacement tower, Staff is obligated to confirm the finding of public necessity so it may move
forward through the permitting process. Attorney Wesch confirmed the Board is not approving any
specific site design by virtue of today’s action, merely the finding of public necessity.
Public Comment:
The Chairman called for public comment and there were no speakers.
Vote:
Commissioner Pendergrass moved approval, seconded by Commissioner Ruane, called and carried.
RESOLUTION NO. 23-03-02
COUNTY ATTORNY
4. Confirm and Ratify Resolutions Extending the State of Local Emergency
Item Summary:
Confirm and ratify State of Local Emergency Resolution Numbers:
23-02-15
– Twenty-Second Extension of State of Local Emergency (Issued 2/27/2023)
23-03-01
– Twenty-Third Extension of State of Local Emergency (Issued 3/06/2023)
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
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COUNTY LANDS
5. Adopt Resolution of Necessity for Alico Road Connector Phase I Widening
Item Summary:
Authorizes staff to pursue, either voluntarily or through the use of eminent domain, the
acquisition of Parcels 100, 101, 102, 103, 104, 105, 116, 116-SE, 117, 117-TCE, 118, 118-SE, and 119-
SE/DE of the Alico Road Connector Phase I Widening Project No. 9245. The construction of this
widening project is anticipated to commence in Fiscal Year 2023/24.
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
RESOLUTION NO. 23-03-03, RESOLUTION NO. 23-03-04, RESOLUTION NO. 23-03-05,
RESOLUTION NO. 23-03-06, RESOLUTION NO. 23-03-07, RESOLUTION NO. 23-03-08,
RESOLUTION NO. 23-03-09, RESOLUTION NO. 23-03-10, RESOLUTION NO. 23-03-11,
and
RESOLUTION NO. 23-03-12
6. Reject Offer for Purchase of County-Owned Surplus Land at 363 Pondella Road
Item Summary:
Rejects a bid submitted by Weaver Professional Services, Inc. in the amount of $5,101
for the purchase of County-owned surplus property at 363 Pondella Road, containing 8,342+/- square
feet (approximately 0.19 acre). A market analysis indicates an estimated value of approximately
$25,000.
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
7. Accept Offer for
Purchase
Item Summary:
Accepts a bid submitted by Investment Guys LLC in the amount of
$22,000
for the
square feet (approximately 0.14 acre).
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
8. Approve
Land Donation Agreement
for Remnant Parcel on Lakewood Boulevard
Item Summary:
Accepts the donation of vacant land, consisting of 0.10 acre adjoining Lakewood
Boulevard, to facilitate Lee County Department of Transportation’s operation of an existing stormwater
drainage system in that area
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
Item Summary:
Accepts donation of a
Grant of Road Right of Way Easement and Agreement
as part of
a zoning requirement (Resolution Number Z-21-002) and Limited Development Order 2022-00270. This
donation will accommodate right of way improvements for the residential developments of Oakview and
Buckingham 345, located approximately 1.5 miles south of the intersection of Buckingham Road and
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
HUMAN SERVICES
10. Approve Submission of 2023
Grant Application
for the Benefit of Homeless Individuals
Item Summary:
Authorizes staff to submit an application to the Substance Abuse and Mental Health
Services Administration (SAMHSA) for the 2023 Grants for the Benefit of Homeless Individuals grant,
in partnership with Centerstone of Florida, Inc., for up to $500,000 per year in federal funding. If
awarded, approximately 150 individuals with behavioral health conditions who are experiencing
homelessness will be assisted each year. The grant is renewable for up to five years, depending on
federal appropriations and performance. If awarded, funds will be received during FY 2023-2028
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
PARKS AND RECREATION
11. Award
Contract
Item Summary:
Award a competitively solicited contract to Kayak Excursions, Inc. for Bunche Beach
Kayak Concessions. The vendor will oversee the day-to-day operations of kayak rentals for an initial
period of five years. The contract can be renewed up to five years upon agreement of both parties, as
approved by the County and Licensee. The monthly revenue collected will be in the amount of $2,000.
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
12. Approve CPA for Exotic Plant Control in Alva Scrub Preserve
Item Summary:
Approves a County Project Authorization (CPA) to the contract with EarthBalance
Corporation for environmental maintenance to provide exotic vegetation treatment of 380 acres in Alva
Scrub Preserve in the amount of $124,679.00. The project includes exotic plant control, native plant
installation for restoration and habitat restoration. Funding is included in the budget.
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Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
Item Summary:
Approves a County Project Authorization (CPA) to the contract with EarthBalance
Corporation for environmental maintenance to provide exotic vegetation treatment of 617 acres in Bob
Janes Preserve in the amount of $131,980.00. The project includes exotic plant control, native plant
installation for restoration and habitat restoration. Funding is included in the budget.
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
PROCUREMENT MANAGEMENT
14. Award Contract for Construction Manager at Risk - Countywide
Item Summary:
Approves the award of the annual contracts for Construction Manager at Risk (CMAR)
services to a pool of fourteen firms for management of construction projects with a total cost of less than
$4,000,000 per project, for an initial term of three years, with the option to renew for up to three
additional years. The awarded pool of vendors includes the following:
AIM Construction Contracting,
LLC.
,
Andrew Sitework, LLC.
,
Brooks & Freund, LLC.
,
,
,
Stultz, Inc.
,
Inc.
,
, and
Individual projects shall be awarded to
firms based on experience, availability, and licenses in accordance with Florida Statute. Individual
projects with a total cost over $100,000 will be brought back to the Board for approval. Total
expenditures for these services during Fiscal Year 2021-2022 were$5,772,362.02.
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
15. Award
Contract
for Intrabuilding Voice and Data Cabling – Countywide
Item Summary:
Inc. for intrabuilding voice and data cabling and installation on an as needed basis, for an initial term of
three years, as approved in the departments’ annual adopted budget. The contract can be renewed for up
to three additional years, upon the agreement of both parties. Individual purchases in excess of
$100,000.00 will be presented to the Board for approval. The total expenditures for these services for
Fiscal Year 2021-2022 were $47,823.05.
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
16. Award Contract for Custodial Services for South Zone - Countywide
Item Summary:
Awards a contract to
American Facility Services, Inc.
and
Industries, Inc.
for use, on an as needed basis, of custodial services for an initial three-year period with
an option to renew the contracts up to three additional years. Departments utilizing these services
include Parks and Recreation, Utilities, Public Safety, Libraries, DOT Tolls, and Solid Waste. Total
expenditures under this contract during Fiscal Year 2021-2022 were approximately $517,137.45.
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
17. Award Contract for Professional Testing Services - Countywide
Item Summary:
Awards competitively solicited contracts for professional testing services for
construction projects to
and
Sciences
for an initial term of one-year with the option to renew for three additional one-year terms.
Total expenditures for these services during Fiscal Year 2021-2022 were approximately $82,381.36. On
December 6, 2022, three vendor agreements were approved for Professional Testing Services -
Countywide. Board approval will authorize the two remaining contracts negotiated by staff to provide
these services.
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
18. Approve
Amendment
for Temporary Personnel Services - Countywide
Item Summary:
Representative" position and its associated costs to the remaining contract years. Expenditures will be on
an as needed basis as approved in the departments' annual adopted budgets.
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
19. Approve
Contract Amendment
for Custodial Services - North Zone
Item Summary:
Approves a contract amendment with American Facility Services, Inc., under the
solicitation for Custodial Services for North Zone Lee County. The amendment will update Exhibit A –
Scope of Work and Exhibit B – Fee Schedule to include the Sheriff’s Substation – Gulf District, Pine
Island to provide custodial service at the location. The monthly cost for the additional location is
$325.00, for a maximum location cost of$3,900.00 for the life of the contract. Expenditures would be on
an as-needed basis, as approved in the departments’ annual adopted budget.
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Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
PUBLIC SAFTEY
20. Approve a
Contract Amendment
and Renewal for the Purchase of EMS Uniforms
Item Summary:
Approves a contract amendment and renewal with Galls, LLC, under the solicitation
for Annual – Uniforms for Emergency Medical Services, to add, remove, and replace certain uniform
items and adjust pricing in Exhibit B, Fee Schedule of the agreement. The amendment may increase the
contract amount. Total expenditures during Fiscal Year 2020-2021 were $142,063.67. This increase
coincides with the second of three one-year renewals on the 2019 agreement. Public Safety and
Procurement Management will be exploring other procurement options, including rebidding the
contract, to ensure the pricing remains competitive.
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
SHERIFF
21. Approve Transfer from Law Enforcement Trust Funds Reserves
Item Summary:
Proceeds from the collection of confiscated property are used on crime prevention and
educational programs. In FY22-23, $950,000 was collected in the
Law Enforcement Trust Fund
#10500.
which $237,500 will be donated to non-profit organizations that enhance the Lee County Sheriff's goals
Law Enforcement Trust-
Crime Prevention Fines fund #10505
reserves to purchase Neighborhood Watch signs, Crime Stoppers
Signs and crime prevention equipment for Safe Neighborhood Programs in FY22-23. The transfers will
leave a reserve of $20,911.63 in fund 10500 and $202,590.66 in fund 10505.
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
SOLID WASTE
22. Approve
Piggyback
for Fleet Tracking System License and Service Agreement
Item Summary:
Equips 76 vehicles with Samsara fleet tracking technology to reduce operating costs
and accidents through real-time tracking of a vehicle’s mechanical and maintenance status while also
analyzing the surroundings and movement of the vehicle. A free demonstration period showed the
system’s onboard computing and outward-facing camera improved driver feedback, protected drivers
from 3rd –party accident claims and provided enhanced maintenance data. The program costs
$79,358.80 for the first year and $77,128.80 for two additional years.
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
UTILITIES
23. Award Professional Services
Contract
Item Summary:
Awards Tetra Tech a professional services contract to design and permit
approximately 45,000 linear feet of force main intended to divert wastewater flow to a new Southeast
Water Reclamation Facility. The Board of County Commissioners approved the project funding as part
of the FY23 Utilities Capital Improvement Program. The project’s total estimated cost is $29,500,000
and construction is anticipated to start in the Spring of 2024.
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
24. Award Annual
Contract
for Polyacrylamide Polymers
Item Summary:
Awards competitively bid contract for the purchase of Polyacrylamide polymers
(liquid and dry) to Polydyne, Inc. The initial contract is for a three-year period, with an option to renew
for up to three additional years. Polyacrylamide polymers are used in the water and wastewater
treatment processes to aid in the settling of solids and to improve the clarity of the water. The purchase
of polyacrylamide polymers is budgeted annually within the Utilities Operating Budget. Total
expenditures for the prior 12 month-period were $241,841.
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
25. Approve
Amendment to Annual Contract
for Odor Control and Corrosion Service
Item Summary:
renewal of the annual contract to minimize the adverse effects on the County’s wastewater infrastructure
and address nuisance odors in the system on an as-needed basis through May 13, 2024. Evoqua
submitted the required documentation to Procurement Management to substantiate the average 24.41%
price increase due to raw material increases, supply chain issues, labor shortages, and increased energy
cost. The Producer Price Index (PPI) for Basic Inorganic Chemical Manufacturing, which is the most
relevant index comparable to this contract shows an increase of 21.5% for 2022. The total previous
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
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Item Summary:
Approves Change Order No. 2 to the design contract with Cardno, Inc. to prepare
Bridge Sidewalk Improvements Project. The change order also increases the contract time by 365 days
(for a total of 1,385 days) and provides for additional environmental, surveying, permitting, utility, and
post-design services. The revised total of the contract is $551,504.10. Funding for this project is
included in the current budget, with construction anticipated to begin in spring 2024 with a total
estimated project cost of $3.2 million.
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
27. Approve Contract Change Order for Ethernet Network Connection Services for Utilities
Item Summary:
Approves Change Order No.1 to extend the Sole Source contract with Lumen for 6
months while a new solicitation for Ethernet Services is advertised and procured. Lumen Technologies
provides a private fiber-optic network linking all Utilities Facilities, separating the business and controls
networks and ensures compliance with Homeland Security directives and recommendations concerning
the cyber security of drinking water and treatment facilities. Ethernet Services are budgeted annually
within the Utilities operating budget.
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
28. Accept
Grant Funds
Item Summary:
Protection (FDEP) Small Community Wastewater Facility Program for the Fiesta Village Sand and Grit
Removal Project to help cover additional project costs. In October 2022, the Board accepted
$166,906.25 in grant funds for this project (50% of total project cost). Completion of the project will
restore the capacity of the Fiesta Water Reclamation Facility, improve treatment, and increase the
facility efficiency.
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
RESOLUTION NO. 23-03-13
PUBLIC HEARING – 9:30 AM
PER THE RECAP AGENDA, THE FOLLOWING REVISIONS/CORRECTIONS WERE ANNOUNCED
FOR PUBLIC HEARING – 9:30 AM PUBLIC HEARING ITEM NO. 1:
REVISED MOTION:
•
Conduct a public hearing to adopt a resolution approving vacation of the public interest in an
approximately 259 SF portion of a public utility easement lying in Lot 11, Block 49 Unit 5 of that
certain plat of South ½ Section 28, Township 44 South, Range 26 East, a Subdivision of Lehigh Acres
as recorded in Plat Book 15, Page 78, of the Public Records of Lee County, Florida. (Strap # 28-44-26-
05-00049.0110).
•
Accept conveyance via
Quit-Claim Deed
Lehigh Acres.
Item Summary:
Extinguishes the public interest in a portion of the unimproved public utility easement
located along the southern and eastern boundaries of the platted lot at 4500 Lee Boulevard in Lehigh
Acres. This action will remove encumbrances so the portion of property may be conveyed to the County
for right-of-way purposes. Florida Governmental Utility Authority (FGUA) currently has facilities
located within the easement area and is requesting that the vacation and grant of right-of-way be a
simultaneous transaction in order to ensure continuity of services.
County Attorney
Affidavit of
Publication
for entry into the record and summarized the request stating Staff is requesting that the Board
except the conveyance of a portion of the property by a Quit Claim Deed. He stated there were no
objections to the requested vacation.
Public Comment:
The Chairman called for public comment and there were no speakers.
Vote:
Commissioner Pendergrass moved approval of the revised motion requested by Staff, seconded by
Commissioner Ruane, called and carried.
RESOLUTION NO. 23-03-14
Commissioner Pendergrass
COMMISSIONER ITEMS
1. Discuss Amendment to the Land Development Code (LDC) to Allow Drive-Thru’s for Restaurants
in the Light Industrial Zoning Category.
Commissioner Pendergrass requested Board approval to direct Staff to amend the Land Development
Code (LDC) to allow drive-thru’s as permitted use in conjunction with Group Two (2) restaurants in the
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Light Industrial (IL) Zoning District. This will allow drive-thru’s as a permitted use in conjunction with
the restaurant which is already permitted as the use of an IL Zoning District. Commissioner Hamman
inquired if this item would require a motion to direct Staff to prepare the item and bring it back on a
Staff to study the issue and bring it back for further consideration through the public hearing process.
Public Comment:
The Chairman called for public comment and there were no speakers.
Vote:
Commissioner Pendergrass moved approval of the revised motion requested by Staff, seconded by
Commissioner Greenwell, called and carried.
Commissioner Ruane
1.
Long Term Recovery Task Force:
Commissioner Ruane provided the Board with a recap from the Monday, February 27, 2023 meeting of
the Long Term Recovery Task Force. He stated that one of the first chores was to fill all of the branches.
He said elections were held and all positions were filled. He went on to read the names from the Recovery
Task Force Nomination Branch Members.
Public Comment:
The Chairman called for public comment and there were no speakers.
Vote:
Commissioner Ruane moved approval of the revised motion requested by Staff, seconded by
Commissioner Sandelli, called and carried.
COMMISSIONER APPOINTMENTS
Commissioner Greenwell:
Moved approval to:
•
•
•
Vote:
Commissioner Pendergrass seconded and the motion was called and carried.
Commissioner Pendergrass:
Moved approval to:
•
•
Appoint Marciela Morado to the Community Action Agency/Neighborhood District
Committee
Vote:
Commissioner Ruane seconded and the motion was called and carried.
RESOLUTION NO. 23-03-19
Commissioner Sandelli:
Moved approval to:
•
•
•
•
Vote:
Commissioner Ruane seconded and the motion was called and carried.
Commissioner Ruane:
Moved approval to:
•
•
•
•
Reappoint Thomas Tomich to the Waterways Advisory Committee
•
Vote:
Commissioner Sandelli seconded and the motion was called and carried.
COUNTY MANAGER ITEMS
1. Burn Ban Discussion
Assistant County Manager Christine Brady stated the Public Safety Staff continues to work with the Fire
Chiefs Association and the Florida Forest Service to monitor drought conditions. She stated the County is
approaching the Keetch Byram Drought Index otherwise known as the KBDI and anticipates the County
will meet conditions set forth in the Burn Ban Ordinance before the next Board meeting. Staff is seeking
the Board’s approval to allow the Chairman to execute the Burn Ban once those conditions have been met.
authority to sign the State of Local Emergency (SOLE) and the Burn Ban, once the conditions have been
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met. As a result, there would be no further action needed by the Board to allow the Chairman to execute
the documents on behalf of the County.
Public Comment:
The Chairman called for public comment and there was
one (1) speaker.
Vote:
Commissioner Pendergrass moved approval, seconded by Commissioner Greenwell, called and carried.
RESOLUTION NO. 23-03-18
2. Ballfield Lights Discussion
detailed slide
with the updated information on each park
and complex. He stated that Staff had been out to evaluate all the parks and complexes and none of them
met the required foot candle level requirements. Mr. Harner stated the Illuminating Engineering Society
sets the standard for the avenge maintained foot candle for appliances such as ballfields which is what the
individual parks and complexes to evaluate any and all issues for any missing components, not just the
foot candle levels. An independent company is coming out to give an assessment of the fields at the parks
and complexes and should have their preliminary report turned in by the end of the week and all reports by
the end of the month listing the assessed damages and what materials will be needed and potentially the
associated cost for those items. Mr. Harner stated it is Staff’s intention to bring that information back to
the Board at the end of the month in order to give options beyond waiting for the Federal Emergency
Management Agency (FEMA) approval for reimbursement.
Mr. Harner went on to say the Rex Sox stadium sustained no damage to their facility and were able to use
their lights to play night games because Major League Baseball (MLB) is built to a different standard.
There are requirements for MLB that have to be met. However, the Twins stadium did sustain damage and
as a result they have been unable to play any night games. The County has looked into bringing in
temporary lighting. However, there are only enough lights for two (2) fields which would not be fair to the
remaining parks and complexes. County Manager Roger Desjarlais assured the public that the County is in
no way “shortchanging” Youth Sports. He stated that he understood the frustration about not being able to
use the fields, but it simply is not true. Mr. Desjarlais stated the Board invests millions of dollars every
year on Youth Sports because it is considered a high priority. Commissioner Pendergrass explained that if
the County moved forward with completing the repairs without the approval of FEMA, the expense would
then be passed on to the residents of Lee County as FEMA would not pay for those repairs. Mr. Harner
shared that the Lee County School District has taken it upon themselves to make some of the repairs at a
risk of not being reimbursed by FEMA.
There was discussion about allowing teams to have players sign a waiver and County Attorney Richard
Wm. Wesch stated his office has not changed the recommendation of not allowing the execution of
waivers. Attorney Wesch stated that based on additional work his office has done over the past two (2)
weeks, which includes but is not limited to, a lighting analysis that found the acceptable standards were
not being met. With that being said, his office is even more concrete than it was two (2) weeks ago on not
executing waivers and if done so, they would fail under the Florida law given the fact that there is now
absolute knowledge that the lighting standards do not meet acceptable industry standards.
Commissioner Greenwell stated there will be more in-house meetings on this subject in order to gauge
what could have been done better and to also be better prepared if it happens again. He stated that he
wants this moved forward as soon as possible, even if it means the County could potentially risk non-
reimbursement. Commissioner Hamman said that he felt the precedent was set when the groups were
allowed to play after the hurricane with the lights in their current condition. Commissioner Hamman said
he feels the parks should be opened to allow the players to practice. Attorney Wesch stated that perhaps
the Board direction could be tempered with play being allowed so long as the illumination standards that
are generalized as the industry standard are met. Attorney Wesch said perhaps with the combination of
daylight savings time that begins this Sunday, March 12, 2023 along with the current lights would suffice
to meet those standards and he would feel comfortable making that recommendation.
Commissioner Ruane suggested the lights be turned on for football and soccer only starting on Sunday,
March 12. 2023 which is the beginning of daylight savings time. The lights will be turned on and it will be
the coach’s responsibility to have the team off the field by 8:30 p.m. at the latest.
Vote:
Commissioner Ruane moved approval, seconded by Commissioner Greenwell, called and carried.
Public Comment:
The Chairman called for public comment and there were
twelve (12) speakers
and
six (6)
eComments.
PUBLIC PRESENTATION OF MATTERS BY CITIZENS
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The Chairman called for presentation of matters by citizens, there were
five (5) speakers
and
two (2)
eComments.
The Chairman adjourned the meeting at 11:05 a.m.
By: ___________________________
____________________________________________
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