District #1

Bob Janes

Chairman

District #2

Douglas St. Cerny

District #3

Ray Judah

Vice Chairman

District #4

Andrew W. Coy

District #5

John E. Albion

 

 

Donald D. Stilwell,

County Manager

 

James G. Yaeger, County Attorney

 

September 3, 2002

Please fill out a “Request to Comment” card if you plan to address the Board and return it to the Clerk at the left of the podium prior to the start of the meeting.

All back up for this agenda is available in the Public Resources Office, 1st Floor, Administration Building

Additional information is available on the Internet at http://www.lee-county.com

PLEASE NOTE:  The Board may take action in its capacity as the Port Authority or Government Leasing Corporation.

COMMISSION CHAMBERS, 2120 MAIN STREET, FORT MYERS, FLORIDA

 

9:30 AM

Invocation:

Pastor Jeff Futch

Church of God of Prophecy

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentation:

 

 

·   

“Do the Right Thing” Resolution

 

 

(Commissioner Coy-20020968)

 

 

·   

Industry Appreciation Week Resolution

 

 

(Commissioner Janes-20020969)

 

 

·   

Citizenship Day/Constitution Week Resolution

 

 

(Commissioner Judah-20020970)

 

 

·   

Lori and Bill Wolf Recognition Resolution

 

 

(Commissioner Albion-20020971)

 

 

·   

Ovarian Cancer Awareness Month Resolution

 

 

(Commissioner Janes-20020972)

 

 

 

Recap

 

 

 

Public Comment on the Consent and Administrative Agenda

 

 

 

Consent Agenda:

 

·   

Items to be pulled for discussion by the Board

 

·   

Motion to approve balance of items

 

·   

Consideration of items pulled for discussion

 

 

 

Administrative Agenda

 

 

 

Walk-ons and Carry-overs

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 

 

Adjourn

CONSENT AGENDA

September 3, 2002

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve the award of Project # EX020768, the purchase of Novell network products and GroupWise licensing and maintenance, for the Lee County Information Technology Group (ITG), at the prices listed in the Florida State Contract, from Software House International.  Grand total cost:  $137,476.62.  It should be noted that, per the contract, the pricing for this software may change on a monthly basis.  Therefore, Board approval is requested to expend the additional monies – if necessary – to complete this purchase should the pricing change between Board approval and the issuance of a purchase order.

WHY ACTION IS NECESSARY:

Section 11.0.3.1 of the Lee County Purchasing and Payment Procedures Manual exempts “the purchase of equipment that has gone through the Administrative Code Procedure, such as State Contracts or Federal General Services Administration Schedules, providing the purchase, rental, or lease amount does not exceed $50,000.00”.  As this expenditure will exceed $50,000.00, Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides Lee County with licensing and maintenance for the Novell software products currently in use (NetWare, GroupWise, and ZenWorks) for the period of 2/1/02 through 9/30/03.  This software enables County users to access and share network files, communicate via GroupWise e-mail, and allows ITG staff to monitor and maintain the network servers.  The annual updates and maintenance fees are required under the State of Florida/Novell Master License Agreement (MLA).  (#20020952-County Manager)

 

 

(b)

ACTION REQUESTED:

Approve the award of the following projects: # EX020787, the purchase of Cisco hardware at the Florida State Contract price of $118,951.72; and # EX020788, the purchase of labor and project management services at the Florida State Contract price of $57,510.00 from Sprint Communications, Inc. for a turn key voice over IP Cisco Avvid System for the Lee County Information Technology Group (ITG).  Approval is also requested for Waiver # W-020789 in the amount of $28,152.55 to Sprint Communications, Inc. for the purchase of 12 months of maintenance for the system; and the open market purchase of assorted components necessary for the system which are not covered under the State Contract in the amount of $21,333.06.  Grand total:  $225,947.33.

WHY ACTION IS NECESSARY:

Section 11.0.3.1 of the Lee County Purchasing and Payment Procedures Manual exempts “the purchase of equipment that has gone through the Administrative Code Procedure, such as State Contracts or Federal General Services Administration Schedules, providing the purchase, rental, or lease amount does not exceed $50,000.00”.  As this expenditure will exceed $50,000.00, Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides Lee County with a new hardware and software solution which is necessary to implement a computer network-based telephone system and Call Center.  Known in the industry as Voice over IP (V/IP), this technology will eventually be used to replace existing technology.  It will give County users advanced call routing options, integration into business applications, and make it easier to add new features like video conferencing, etc.  (#20020983-County Manager)

 

 

(c)

ACTION REQUESTED:

Approve expenditure of $173,519 to Gallagher Bassett Services, Inc. for claims administration services for the County’s self-insured liability and workers’ compensation insurance program effective 10/1/02–03.  This deposit is based upon anticipated claim activity and is auditable at the 18th, 24th, 36th, and 48th month intervals.  Should our actual claims activity be more than anticipated, an additional fee will be due.  If our claims do not materialize as anticipated, Gallagher Bassett will return a portion of the deposit.

WHY ACTION IS NECESSARY:

To retain the services of a qualified third party claims administrator to adjust and pay claims.

WHAT ACTION ACCOMPLISHES:

Retains the services of Gallagher Bassett Services, Inc. for the second of a possible five-year agreement (as approved by the Board on September 18, 2001).  (#20020954-Risk Management)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition VAC2002-00010 to vacate a platted six-foot (6') wide drainage easement located along the eastern side of lot 7, Block S, Unit 1, a subdivision of Fort Myers Beach Kampground; as recorded in Plat Book 35, Pages 47-49 of the official Public Records of Lee County, Florida LESS and EXCEPT the North fifteen (15')  feet thereof and remaining subject to any existing platted utility easements; and adopt a resolution setting a public hearing for 5:00 p.m. on the 8th day of October 2002.

WHY ACTION IS NECESSARY:

To construct a residential structure spanning both lots.  The vacation of this easement will not alter existing drainage or utilities; nor is this easement necessary to accommodate any future drainage or utility requirements.

WHAT ACTION ACCOMPLISHES:

Sets the date for Public Hearing.  (#20020851-Development Services)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Award RFP-02-04 LONG-TERM DISABILITY INSURANCE, to the proposer whose proposal was evaluated by the Evaluation Committee as being in the best interest of Lee County, Liberty Mutual, for the prices listed on the Pricing Template.  The County intends to enter into a contract period of five (5) years.

WHY ACTION IS NECESSARY:

Pursuant to Administrative Code AC-4-4 Lee County Contract Manual, approved by the Board on September 25, 2001, Committee recommendations and award shall be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Proposer will provide to the County Long-Term Disability Insurance.  (#20020950-Human Resources)

 

 

(b)

ACTION REQUESTED:

Award RFP-02-03 BASIC GROUP LIFE, AD&D & VOLUNTARY GROUP SUPPLEMENTAL LIFE INSURANCE, to the proposer whose proposal was evaluated by the Evaluation Committee as being in the best interest of Lee County, Standard Life Insurance, for the prices as listed on the Pricing Proposal Template.  The County intends to enter into a contract period of five (5) years.

WHY ACTION IS NECESSARY:

Pursuant to Administrative Code AC-4-4 Lee County Contract Manual, approved by the Board on September 25, 2001, Committee recommendations and award shall be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Proposer will provide to the County Basic Group Life, AD&D & Voluntary Group Supplemental Life Insurance.  (#20020951-Human Resources)

 

 

(c)

ACTION REQUESTED:

Approve the purchase of Parcel 1504, a vacant non-waterfront property in Cape Coral, for the Veterans Memorial Parkway Extension, from Surfside Boulevard to Chiquita Boulevard, Project No. 5020, pursuant to the terms and conditions set forth in the Purchase Agreement; authorize Chairman on behalf of the BOCC to execute Purchase Agreement; authorize payment of necessary fees to close; authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction.

WHY ACTION IS NECESSARY:

The Board must formally accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

Acquires the property, thus avoiding the Board’s need to exercise its power of Eminent Domain.  (#20020944-County Lands)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Approve an agreement between Lee County and The Bell Tower Shops located at 13499 U.S. 41 S.E., Fort Myers, Florida for a period of five (5) years.

WHY ACTION IS NECESSARY:

The Board of County Commissioners must approve all agreements.

WHAT ACTION ACCOMPLISHES:

Authorizes Lee County temporary use of the property called The Bell Tower Shops located at 13499 U.S. 41 S.E., Fort Myers, Florida for emergency response, relief and recovery efforts.  (#20020910-Emergency Management)

 

 

(b)

ACTION REQUESTED:

Approve the automatic renewal of the Agreement for Support Services, Maintenance Agreement, Contract No. 1622 with Printrak International Inc. for the Public Safety Computer Aided Dispatch (CAD) Records Management System, in the amount of $73,199.00 for a period of one (1) year, effective October 1, 2002 - September 30, 2003.

WHY ACTION IS NECESSARY:

Pursuant to the Lee County Contract Manual, approved by the Board on September 25, 2001, expenditure in excess of $50,000 requires Board approval.

WHAT ACTION ACCOMPLISHES:

Provides the Public Safety Division continued maintenance services for the computer-aided dispatch (CAD) Records Management System.  (#20020938-Communications)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve Amendment No. 1 to the Agreement with the Lee County Sheriff for Enforcement of Environmental Crimes for the Solid Waste Division.

WHY ACTION IS NECESSARY:

To allow the Solid Waste Division to continue to have a dedicated Sheriff’s deputy to assist in the investigation, apprehension and prosecution of environmental crime suspects.

WHAT ACTION ACCOMPLISHES:

Amends the Agreement to include the approval and authorization of Sheriff Rodney Shoap.  (#20020964-Solid Waste)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve the award of Formal Quotation Q-020635, The Purchase of one (1) Caterpillar D6M XL Bulldozer for the Lee County Department of Transportation, to the low quoter meeting all specification requirements, Kelly Tractor Co., for a grand total amount of $136,451.00.

WHY ACTION IS NECESSARY:

According to Section 9.4.1 of the Lee County Purchasing & Payment Procedures Manual, approved by the Board on 03/21/00, purchases over $50,000.00 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

The Caterpillar D6M XL Bulldozer will provide the Department of Transportation with a new reliable unit to be used to clean ditches and canal bottoms, to repair right of ways, and to push material at the various County dumps. The aging Fiat Dozer that was assigned these tasks has depreciated and has become increasingly unreliable and costly to maintain.  (#20020935-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Request Board approve submission of a grant application to the Florida Department of Environmental Protection/Florida Recreation Development Assistance Program (FRDAP) in the amount of $200,000.00 for additional development of Veterans’ Park, to include additional picnic facilities, playground, trails, parking, athletic fields and basketball courts.

WHY ACTION IS NECESSARY:

To formally approve submission of grant application.

WHAT ACTION ACCOMPLISHES:

Allows Board to be made aware of grant application.  (#20020922-Parks and Recreation)

 

 

(b)

ACTION REQUESTED:

Request Board approve submission of a grant application to the Florida Department of Environmental Protection/Florida Recreation Development Assistance Program (FRDAP) in the amount of $200,000.00 for additional development of Schandler Hall Park, to include additional basketball/tennis courts, a new picnic area, restrooms, sand volleyball court and additional and upgraded parking.

WHY ACTION IS NECESSARY:

To formally approve submission of grant application.

WHAT ACTION ACCOMPLISHES:

Allows Board to be made aware of grant application.  (#20020923-Parks and Recreation)

 

 

(c)

ACTION REQUESTED:

Request Board execute agreement between the Lee County Board of County Commissioners/Lee County Parks & Recreation as sub-recipient of the Florida Department of Education Youth Provider Services for the Safe Schools/After School Grant with the School District of Lee County and establish budget amendment in the MSTU Fund, #155, in the amount of $107,000.

WHY ACTION IS NECESSARY:

To formally execute grant agreement and establish budget authority.

WHAT ACTION ACCOMPLISHES:

Allows Lee County to continue participation in a partnership with the School District to provide programming for the teens of Lee County.  (#20020962-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

(a)

ACTION REQUESTED:

Request the Board to set a public hearing to consider the adoption of a County ordinance to be known as the “Driver Education Trust Fund” Ordinance for September 24.

WHY ACTION IS NECESSARY:

Public Hearing is required for the passage of County Ordinances.

WHAT ACTION ACCOMPLISHES:

Sets the “Driver Education Trust Fund” Ordinance for Public Hearing.  (#20020963-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

(a)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim-(Spalding).

WHY ACTION IS NECESSARY:

Pursuant to Florida Statute 197.  Lee County is holding overbid funds from delinquent tax sales.

WHAT ACTION ACCOMPLISHES:

The Clerk has received a claim for these funds and requests that you release them.  (#20020967-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Approve disbursements.

WHY ACTION IS NECESSARY:

Florida Statute Chapter 136.06(1) requires that all County disbursements be recorded in the Minutes of the Board.

WHAT ACTION ACCOMPLISHES:

Compliance with the requirements of FS 136.06(1).  (#20020975-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

September 3, 2002

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve the purchase of Parcel 200, located along the south side of State Road 82 in Sections 11, 14, 23, 26, 27, 28, and 33, Township 45 South, Range 26 East, for the Conservation 2020 Land Acquisition Program, Project No. 8800, in the amount of $6,275,000.00, pursuant to the terms and conditions as set forth in the Agreement for Purchase and Sale of Real Estate; authorize the Chairman on behalf of the Board of County Commissioners to sign the Purchase Agreement; authorize payment of necessary fees and costs to close, authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction.

WHY ACTION IS NECESSARY:

The Board must formally accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

The acquisition of one of the properties recommended by the Conservation Land Acquisition and Stewardship Advisory Committee and approved for acquisition on Blue Sheet No. 20020111 for Conservation 2020 Program.  (#20020878-County Lands)

 

 

(b)

ACTION REQUESTED:

Declare County-owned property located at 1228 Forsyth Drive in North Fort Myers as surplus, and direct staff to either proceed with conveyance to a non-profit organization in accordance with FS 125.38, or authorize the Division of County Lands in cooperation with the Purchasing Division to advertise, accept sealed bids, and dispose of surplus property in accordance with FS 125.35; approve Resolution of Surplus Real Property; authorize Chairman to execute County Deed; authorize County Lands to handle and accept all documentation necessary to complete this transaction.

WHY ACTION IS NECESSARY:

Staff needs BOCC authorization to proceed with disposing of surplus land.

WHAT ACTION ACCOMPLISHES:

Provides staff with direction on this matter.  (#20020955-County Lands)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve for the purchase, installation, training, and maintenance of PC Based Call Center Telephone System for the Department of Transportation, LeeWay Service Center from Sprint. Project # EX020681 will cover all items and services on State of Florida Contract #730-650-99-1 which has gone through their competitive bidding process, from the awarded vendor Sprint at a cost of $178,028.60.  Approximately $187,343.42 will be covered by Waiver # W-020680 which consists of items or services which are not on State Contract. The items not covered by State Contract are dependent parts or services that are required for the functionality of the system. Total cost of system $365,372.02.  Also, approve transfer from reserves in the amount of $365,373 from Transportation Facilities Funds.

WHY ACTION IS NECESSARY:

Section 11.0.3.1 of the Lee County Purchasing and Payment Procedures Manual exempts “the purchase of equipment that has gone through the Administrative Code Procedure, such as State Contracts or Federal General Services Administration Schedules, providing the purchase rental or lease amount does not exceed $50,000”. As this expenditure will exceed $50,000.00, Board approval is required.  For items and services not covered by State Contract, Section 9.4.1 of the Lee County Purchasing and Payment Manual, approved by the Board on 3/21/00,states purchases over $50,000.00 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Allows the Department of Transportation-Toll Facilities to obtain PC Based Call Center Telephone System.  (#20020914-Transportation)

 

 

(b)

ACTION REQUESTED:

Approve the revised alignment for the Three Oaks Parkway South Extension from East Terry Street to The Brooks, as approved by the Bonita Springs City Council on April 29, 2002, with an allowance for some slight deviation through the Centex property.  Also, amend the proposed FY02/03 – 06/07 transportation Capital Improvement Program (CIP) to provide sufficient funding for the corridor.

WHY ACTION IS NECESSARY:

Florida case law dictates that alignment decisions should be made after due consideration of at least 5 particular relevant factors.  Also, Board approval of CIP changes is necessary.

WHAT ACTION ACCOMPLISHES:

Establishes roadway alignment with a record of factors considered in selection process, consistent with City Council action, and provides necessary funding to complete the project.  (#20020937-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve Bid Waiver # W-020625 to waive formal quotation procedure and allow the Public Works Department (Utilities) to purchase two odor control systems from Biocube, Inc. for Master Pumping Stations 481 and 482. The Odor Control system w/carbon Std sys E for Master Pumping Station 481 will cost $68,050.00 and the Odor Control system w/carbon Std sys D for Master Pumping Station 482 will cost $55,613.00 that brings the total for this bid waiver to $123,663.00.  A bid waiver has been requested because Biocube, Inc. is the sole source provider for this equipment. Funding will come from the individual departments budget and they will be responsible for monitoring their own expenditures.

WHY ACTION IS NECESSARY:

According to Section 9.4.1 of the Lee County Purchasing and Payment Procedures Manual, approved by the Board on 3/21/00, purchases over $50,000.00 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

To provide effective odor control to the two designated Master Pumping Stations 481 and 482.  (#20020931-Utilities)

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Adopt resolution amending the Cypress Lake Center DRI.

WHY ACTION IS NECESSARY:

Florida Statutes, Section 380.06, requires Board approval of all amendments to developments of regional impact.

WHAT ACTION ACCOMPLISHES:

Amends the Master Development Plan (Map H) for the Cypress Lake Center DRI through an expedited process in accordance with Florida Statutes, Section 380.06(19)(e)(2), and Land Development Code, Section 34-145(d)(1)c.  (#20020724-County Attorney)

 

 

(b)

ACTION REQUESTED:

Approve an Interlocal Agreement with the City of Bonita Springs for the County to initiate the right-of-way acquisition for properties needed for the Three Oaks Parkway South Extension on behalf of the City for a not-to-exceed amount of $1,000,000.00.  Also, approve a Budget Amendment Resolution in the Transportation Capital Improvement Fund for unanticipated revenues and expenditures.  Amend FY 02-06 Capital Improvement Program.

WHY ACTION IS NECESSARY:

Board approval is required for entering into Interlocal Agreements and amendments to the Capital Improvement Program.

WHAT ACTION ACCOMPLISHES:

Allows the County to assist the City of Bonita Springs with its highway system.  (#20020939-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS