District #1

Bob Janes

District #2

Douglas St. Cerny

District #3

Ray Judah

Chairman

District #4

Andrew W. Coy

District #5

John E. Albion

Vice-Chairman

Donald D. Stilwell,

County Manager

 

James G. Yaeger, County Attorney

 

July 1, 2003

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

Marion Street Family Worship Center

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·   

Bob Stewart “Building Official of the Year” in Southwest Florida Resolution

 

 

(Commissioner Judah-#20030744)

 

 

·   

Centex Rooney and Lee County Utilities for “Excellence in Construction” Award for the $7 million expansion of the Fiesta Village Wastewater Treatment Plant Resolution

 

 

(Commissioner St. Cerny-#20030745)

 

 

·   

Length of Service Awards

 

 

(George Williams-#20030692)

 

 

 

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

July 1, 2003

 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve Change Order No. 4 to Contract #1584 for RFP-00-10 Tourism Advertising, Program Planning, Creation & Implementation with BVK/McDonald for a one-time emergency advertising fee of $320,000.00.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

To allow for a one-time fee for emergency advertising. The Tourist Development Council approved this expenditure in April 2003.  (#20030722-VCB)

 

 

(b)

ACTION REQUESTED:

Approve Resolution Declaring Intent of the County to Reimburse Itself from a Future Bond Issue for Expenses that will be Spent in Connection with the Acquisition and Construction of Various County Transportation-Related Capital Improvement Projects (Sanibel Bridge, Causeway and Approach Roads).

WHY ACTION IS NECESSARY:

Treasury Regulation 1.150-2 requires a reimbursement resolution for expenses that the County may want to have reimbursed from a future bond issue.

WHAT ACTION ACCOMPLISHES:

Allows expenditures incurred 60 days prior to the effective date of this resolution and forward from the date of this resolution to be reimbursed from future bond issue proceeds when the bonds are sold.  (#20030731-Budget Services)

 

 

(c)

ACTION REQUESTED:

Present to the Board for information and filing the Object Code #504015 Expenditure Report for the second quarter of FY02-03 (January through March 2003).

WHY ACTION IS NECESSARY:

Lee County Ordinance #90-18.

WHAT ACTION ACCOMPLISHES:

Allows Board to monitor expenditures being made by County Departments and Divisions to this object code.  (#20030734-County Manager)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Rescind the award to Scott Paints for Section B of the “Green Paint” (Low VOC) and Paint Related Products Quote Q-020573 for Construction and Design (Facilities Management) and to award this section to the next lowest quoter meeting all quote specifications ICI/Glidden Paints.   The initial term of this agreement is for two years with an option to renew for three one-year periods if in the best interest of the County.

WHY ACTION IS NECESSARY:

The Board must authorize any projects over $50,000.00

WHAT ACTION ACCOMPLISHES:

Establishes a fair competitive market price for the purchase of Architectural Green Paint and Paint Related Products.  (#20030717-Facilities Management)

 

(b)

ACTION REQUESTED:

Approve Addendum to the Construction Manager Agreement, for RFQ-02-06 Lakes Regional Library, with Compass construction Inc. (Contract #2369) to include the Guaranteed Maximum Price (GMP) for Phase I, in the amount of $527,205.00 (includes the 5% CM Fee).  Also request Board approve waiving of any formal process (if needed) and authorize the use of the Direct Material Purchase Orders based on CM’s competitive process, which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Phase I will include preconstruction service fees, import site fill to the Lakes Regional Library site and excess fill will be hauled to the County incinerator property, geotechnical testing, and miscellaneous expenses.  (#20030735-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Adopt a resolution to approve Administrative Code establishing the Human Service Council.

WHY ACTION IS NECESSARY:

Defines the purpose, mission and objectives to be achieved.

WHAT ACTION ACCOMPLISHES:

Approves guidelines for the staff to proceed with implementing the Council.  (#20030721-Human Services)

 

 

(b)

ACTION REQUESTED:

Approve submission of Lee County’s HUD Fiscal Year 2003 Homeless Continuum of Care and Supportive Housing applications; and authorize Chairman to sign HUD Certifications and HUD Consistency with Consolidated Plan Letters.

WHY ACTION IS NECESSARY:

Federal application for homeless funds requires Board approval and signature.

WHAT ACTION ACCOMPLISHES:

Allows Lee County to apply for funds to assist the county’s homeless.  (#20030740-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve acquisition of Parcel 119, Gunnery Road/State Road 82 to Lee Boulevard, Project No. 4055 in the amount of $47,500, pursuant to the Purchase Agreement; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain.  (#20030628-County Lands)

 

 

(b)

ACTION REQUESTED:

Approve acquisition of Parcel 242, Three Oaks Parkway South Extension Project No. 4043, in the amount of $67,000.00, pursuant to Purchase Agreement; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain.  (#20030631-County Lands)

 

 

(c)

ACTION REQUESTED:

Approve the award of Project # Q-030239 for Equipment Rental for Countywide use to the following pool of vendors meeting specifications: Briggs Equipment, Creel Tractor Co., Nortrax Equipment Co., Sunbelt Rentals, Rental City, GE Energy Rentals, Inc., Caloosa Tent Rental, All Star Equipment Rentals & Sales, Inc., Florida Detroit Diesel – Allison, Inc., L.B. Smith, Inc., Neff Rental and Taylor Rental; at the rates listed in each vendor’s quotation. This quotation is being awarded for an estimated amount of $150,000.00 annually. Also request authority to renew this quotation for four additional one-year periods, if in the best interest of the County, at the expiration of the original term.

WHY ACTION IS NECESSARY:

To provide a consistent source of rental equipment, especially during emergency situations.

WHAT ACTION ACCOMPLISHES:

Establishes pricing for the rental of various types of equipment to be utilized on an as needed, when needed basis for various countywide projects and facilities.  (#20030662-Purchasing)

 

 

(d)

ACTION REQUESTED:

Declare County-owned property identified as the Palmetto Canal located between Michigan Avenue and Dr. Martin Luther King Jr. Blvd. as surplus and direct staff to proceed with conveyance to the City of Fort Myers; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must formally approve all real estate conveyances from Lee County.

WHAT ACTION ACCOMPLISHES:

Conveys real estate to the City of Fort Myers.  (#20030683-County Lands)

 

 

(e)

ACTION REQUESTED:

Approve acquisition of Parcel 206, Three Oaks Parkway South Extension Project No. 4043, in the amount of $80,000.00, pursuant to Purchase Agreement; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain.  (#20030688-County Lands)

 

 

(f)

ACTION REQUESTED:

Approve purchase of property identified as Strap Number 19-44-24-C1-00797.0030 for Cape Coral Complex Land Acquisition, Project No. 8705, in the amount of $16,000, pursuant to the Purchase Agreement; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction; approve budget transfer of $25,000 from the Capital Improvement Fund Reserves to the Cape Coral Complex Land Acquisition Project and amend FY 02/03 - 6/07 CIP accordingly.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Acquires property adjacent to the existing government complex.  (#20030706-County Lands)

 

 

(g)

ACTION REQUESTED:

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-03-09 EMPLOYEE INSURANCE BENEFITS CONSULTANT AND ACTUARIAL AUDITOR, and authorize contract negotiations to commence with the number one ranked firm:  (1) Aon Consulting; (2) Gehring Group; and (3) Gallagher Benefit Services.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides a consultant that will perform any and all services for the Employee Benefits Consultant and Actuarial Auditor.  (#20030730-Human Resources)

 

 

(h)

ACTION REQUESTED:

Rescind previous award to Information Management Systems, Inc. for Formal Quotation No. Q-030069, The Annual Purchase of Printing Supplies for the Library Division and award to the next low quoter, Lasertone Corporation, at the prices listed on the attached tabulation sheet.  The initial term of award is one (1) year, and authority is requested to renew this quote for four (4) additional one (1) year periods if in the County’s best interest.

WHY ACTION IS NECESSARY: 

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Allows the Library Division to obtain ink, toner, and other supplies in a cost effective, efficient, and timely manner. (#20030719-Library)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Accept EMS Matching Grant in the amount of $60,000.00 from the Bureau of Emergency Medical Service for the purchase of Night Vision Goggles for the EMS helicopter crew.  Also approve a budget amendment resolution in the amount of $60,000.00 for FY’04.

WHY ACTION IS NECESSARY:

To give budgetary authority to accept grant.

WHAT ACTION ACCOMPLISHES:

Completes application and agreement process that entitles Lee County to the EMS Matching Grant funds.  Board Chairman Judah signed the original grant application on January 22, 2003.  (#20030713-EMS)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve Resolution to the West Coast Inland Navigation District (WCIND) requesting funding for FY03/04 for the projects listed in priority order.  Authorize Commission Chairman to sign corresponding agreements for projects once funding is finalized by WCIND.

WHY ACTION IS NECESSARY:

WCIND rules require a resolution requesting grant funding.

WHAT THE ACTION ACCOMPLISHES:

Formalizes the request to WCIND for fiscal year 2004 project funding.  (#20030720-Natural Resources)

 

 

(b)

ACTION REQUESTED:

Approve Change Order No. 4 to the Solid Waste Franchise Hauling Contract with Florida Recycling, Inc. (Lee Contract No. 1383) providing for additional collection fees to be charged to the commercial customers, effective as of February 10, 2003, located on Captiva Island due to uncontrollable events.

WHY ACTION IS NECESSARY:

Board approval required for significant changes to the franchise solid waste collection contracts.

WHAT ACTION ACCOMPLISHES:

Authorizes Florida Recycling, Inc. to recover additional extraordinary costs related to providing commercial solid waste collection services on Captiva due to changes in weight restrictions and passage times for the Sanibel Causeway.  (#20030747-Solid Waste)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve award of Quote # Q-030126, Roadside Mowing, for the Department of Transportation-Operations to the low quoter Florida Mowing & Landscape Services, Inc., for the amounts as listed on the Lee County Tabulation Sheet, for a period of one year.   Also request authority to renew this quote for four additional one-year periods, upon mutual agreement of both parties.

WHY ACTION IS NECESSARY:

Formal quote projects that exceed $50,000.00 require Board approval.

WHAT ACTION ACCOMPLISHES:

Provides a competitive, fair market price for Roadside Mowing for DOT.  (#20030607-Transportation)

 

 

(b)

ACTION REQUESTED:

Approve Supplemental Task Authorization No. 7 to Contract #2408, with Bean Whitaker, Lutz & Kareh Inc., for the Survey of all section corners and quarter corners in T45S R24E, for a total not-to-exceed amount of $100,000.00.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

This project will provide GPS coordinates and documentation for all 169 section corners and quarter corners in township 45, range 24.  (#20030626-Transportation)

 

 

(c)

ACTION REQUESTED:

Approve award of Project # EX030544, the purchase of one (1) new Altec Model LRV55 aerial device and chassis for the Lee County DOT from Altec Industries, Inc. at the prices given in the Federal General Services Administration Contract #GS-30F-1028G.  GSA base price is $102,144.00, plus $9,325.00 for GSA contract and non-contract options, for a grand total amount of $111,469.00.

WHY ACTION IS NECESSARY:

As this expenditure will exceed $50,000.00, Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides DOT/Landscaping and Maintenance with reliable and efficient transportation to perform tree trimming operations and maintenance throughout Lee County.  (#20030644-Transportation)

 

 

(d)

ACTION REQUESTED:

Approve Local Agency Program Agreement with the Florida Department of Transportation for Minor Interchange Improvements to the I-75 Corkscrew Rd. interchange, in the amount of $1,625,000.00.  Also, approve budget resolution for revenues and expenditures and amend FY03-07 Capital Improvement Program. And, approve authorizing resolution for Chairman to execute agreement.

WHY ACTION IS NECESSARY:

Requires BOCC approval for agreements and amendments to CIP.

WHAT ACTION ACCOMPLISHES:

Allows County to proceed with Minor Interchange Improvements for I-75 at Corkscrew Road similar to those completed at Daniels and I-75.  (#20030697-Transportation)

 

 

(e)

ACTION REQUESTED:

Request Board approval for an Interlocal Agreement between the County and the City of Cape Coral to address certain maintenance responsibilities that the City is providing for the County on County roads within the

City limits and allows reimbursement to the City for those services.

WHY ACTION IS NECESSARY:

Board approval is required for approval of Interlocal Agreements.

WHAT ACTION ACCOMPLISHES:

Allows for reimbursement to the City of Cape Coral for provided mowing, landscape

Services and street sweeping on portions of Del Prado Boulevard, Cape Coral Parkway and Hancock Bridge Parkway.  (#20030712-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

(a)

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).  (#20030738-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Approve Minutes of the Board of County Commissioners Meetings of September 17, 2002 (Regular); October 15, 2002 (Regular); October 29, 2002 (Regular); November 4, 2002 (Zoning); November 13, 2002 (Special); March 6, 2003 (Special); March 17, 2003 (Zoning); April 21, 2003 (Zoning); May 5, 2003 (Management and Planning) and June 2, 2003 (Management and Planning).  (#20030739-Clerk of Courts)

 

 

(c)

ACTION REQUESTED:

Approve Minutes of the Board of County Commissioners Meetings of September 7, 1999 (Regular); March 14, 2000 (Regular); May 9, 2000 (Regular); August 8, 2000 (Regular); May 14, 2001 (Special); June 12, 2001 (Regular); August 14, 2001 (Regular); September 11, 2001 (Regular); October 2, 2001 (Regular) and November 6, 2001 (Regular).  (#20030748-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

July 1, 2003

 

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve Supplemental Task Authorization No. 3 to under CN-00-04 Miscellaneous Civil Engineering, Design and/or Inspection Services for Bridge Inspection Services for Bridge No’s 124041, 124042 and 124043 on Sanibel Causeway to Kisinger Campo and Associates Corporation, for the not-to-exceed amount of $48,000.00.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides for the needed inspections for the Sanibel Causeway Bridges.  (#20030698-Transportation)

 

 

(b)

ACTION REQUESTED:

Waive the formal process for BW-03-07 to purchase and install the Amtech 3110 multi-protocol reader system (for electronic toll collection (ETC)) including associated hardware and software, for the Lee County Tolls system, to the sole source provider, Transcore Inc., in the amount of  $415,286.00.  Authorize the Chairman to execute a service provider agreement.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

This service provider agreement allows for the installation of new ETC readers at all three Lee County Toll Facilities as well as the test lane at the LeeWay Service Center.  It also provides for needed spare equipment.  This service provider agreement provides for hardware, software development, and installation.  (#20030704-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Declare a limited, temporary, emergency by Resolution for the GES System acquisition that requires certain, immediate and necessary improvements, for the protection and convenience of the GES assets and customers.

WHY ACTION IS NECESSARY:

Board of County Commissioners’ approval is required for any Emergency Declarations.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with certain, immediate improvements to the GES Utility, acquired as of July 1, 2003.  (#20030669-County Attorney)

 

 

(b)

ACTION REQUESTED:

Consider adoption of a County Resolution repealing Lee County Resolution No. 98-06-19, terminating and extinguishing the Water and Sewer Franchise Agreement granted by Lee County to Gulf Environmental System, Inc. (GES) in 1998.

WHY ACTION IS NECESSARY:

A County Resolution is required to extinguish a County water and sewer franchise granted by County Resolution.

WHAT ACTION ACCOMPLISHES:

Terminates and extinguishes the water and sewer franchise granted by Lee County to GES as the result of the County assuming the operations of GES on July 1, 2003.  (#20030723-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS