District #1 Bob
Janes |
District #2 Douglas St. Cerny Chairman |
District #3 Ray
Judah
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District #4 Tammy Hall Vice Chair |
District #5 John E. Albion |
Donald D. Stilwell, County Manager |
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David
M. Owen County Attorney |
June 21, 2005 |
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 Dane Blankenship |
First Baptist Church of Cape Coral |
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Pledge of Allegiance |
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Presentations: |
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(County Manager-#20050841) |
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Award of Excellence for Caloosahatchee Shores
Community Plan Process |
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(Community Development-#20050836) |
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(Commissioner Judah-#20050846) |
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(Human Resources-#20050711) |
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Recap |
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Public Comment on the Consent and Administrative
Agenda |
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Items to be pulled for discussion by the Board |
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Motion to approve balance of items |
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Consideration of items pulled for discussion |
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Walk-ons and Carry-overs |
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Commissioners' Items/Committee Appointments |
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County Manager Items |
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County Attorney Items |
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9:30 AM |
Public Hearing |
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ACTION REQUESTED/PURPOSE: Consider
the recommendation of Special Magistrate, C. Laurence Keesey, issued in
response to the Request for Relief filed on behalf of Avalon Communities,
Inc., with regard to the Avalon Preserve Residential Planned Development approved
by the Board on March 29, 2004. WHAT ACTION ACCOMPLISHES: Allows
the implementation of the Special Magistrate’s recommendation as stated or as
modified by the Board. In the
alternative, if the Board rejects the recommendation, it allows the petitioner
to pursue judicial relief. MANAGEMENT RECOMMENDATION: Accept terms of Special Magistrate’s
Recommendation. (#20050767-County Attorney)
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Adjourn |
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June
21, 2005
1. |
COUNTY
ADMINISTRATION |
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2. |
CONSTRUCTION
AND DESIGN |
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ACTION REQUESTED/PURPOSE: Award the Professional Services Agreement for
CN-04-05 LeeTran Transit Facility to Carter & Burgess, Inc., in the
amount of $278,364.79. WHAT ACTION ACCOMPLISHES: Provides a Consultant to provide land acquisition
assistance, land use evaluation, environmental assessment and planning for
site development. Project also
includes the design of a transit terminal centrally location within Fort Myers. The design will facilitate transit
services currently housed at the Lee Tran Office on Landing View Road and
allow for planned expansions. MANAGEMENT
RECOMMENDATION: Staff Recommends
Approval. (#20050789-Construction and
Design |
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ACTION REQUESTED/PURPOSE: Award the Construction Management Addendum under
RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT
FOR CONSTRUCTION MANAGEMENT, for the project known as Bayshore Elementary
Lighting Replacement with a Guaranteed Maximum Price of $370,510.00 (includes
CM fee of $30,592.63) to Lodge Construction, Inc. Also
request that the Board approve waiving of the formal process (if needed) and
authorize the use of the Direct Material Purchase Orders as provided for in
the CM agreement with Lee County, which allows the County to purchase
directly from suppliers of equipment and/or materials as a cost/time saving
measure. WHAT ACTION ACCOMPLISHES: Provides
the County with a Construction Manager that will provide any and all services
needed for the Replacement project. MANAGEMENT RECOMMENDATION: Staff
Recommends Approval.
(#20050807-Construction and Design) |
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ACTION REQUESTED/PURPOSE: Award the Construction Management Agreement under
RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT
FOR CONSTRUCTION MANAGEMENT, for the project known as Lee County Justice
Center Annex, 9th Floor Remodeling-State Attorney’s Office, with a
Guaranteed Maximum Price of 868,355.00 (includes CM fee of $58,586.00 or
6.8%). At this time it is being requested that the
Board approve waiving of the formal process (if needed) and authorize the use
of the Direct material Purchase Orders as provided for in the CM Agreement
with Lee County, which allows the County to purchase directly from suppliers
of equipment and/or materials as a cost/time saving measure. WHAT ACTION ACCOMPLISHES: Allows for the Construction Manager to provide all
labor and material for selective remodeling services for Justice Center Annex
9th Floor Remodeling-State Attorney’s Office. MANAGEMENT RECOMMENDATION: Staff recommends approval (#20050814-Construction and Design) |
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ACTION REQUESTED/PURPOSE: Award the Construction Management Agreement under
RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT
FOR CONSTRUCTION MANAGEMENT, for the project known as Lee County Justice
Center, AHU-27C Relocation, First Floor – Pod D, with a Guaranteed Maximum
Price of $340,365.00 (includes CM fee of $26,940.00 or 7.9%). At this time it is being requested that the Board
approve waiving of the formal process (if needed) and authorize the use of
the Direct material Purchase Orders as provided for in the CM Agreement with
Lee County, which allows the County to purchase directly from suppliers of
equipment and/or materials as a cost/time saving measure. WHAT ACTION ACCOMPLISHES: Allows for the Construction Manager to provide all
labor and material for selective remodeling services for Justice Center,
AHU-27C Relocation, First Floor – Pod D. MANAGEMENT
RECOMMENDATION: Staff recommends
approval (#20050815-Construction and
Design) |
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ACTION REQUESTED/PURPOSE: Approve Change Order No. 4 to J. L. Wallace, Inc.,
under RFQ-02-02 Estero Community Park, in the amount of $812,117.00. This project was in the CIP and the funds
will be available within the budget upon transfer. Also approve budget transfer of $773,367.00 from the interfund
transfer account (used to repay the loan to the General Fund) to Estero
Community Park project and amend FY 04/05 – 08/09 CIP accordingly. WHAT ACTION ACCOMPLISHES: Advances the construction of a soccer field,
provides transfer of fill to the South Fort Myers Community Park project, and
miscellaneous project modification. MANAGEMENT
RECOMMENDATION: Staff recommends approval. (#20050832-Construction & Design) |
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3. |
COUNTY
COMMISSIONERS |
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4. |
COMMUNITY
DEVELOPMENT |
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ACTION
REQUESTED/PURPOSE: Approve award of the following projects: EX050525,
the purchase of Herman Miller furniture at the Florida State Contract price
of $128,606.15 from OP South Florida
DBA Herman Miller Workplace; EX050524 the purchase and installation of carpet
tiles from Shaw Industries, Inc at the price of $53,243.31(General Services
Administration (GSA) contract price of $47,649.31 and non-contract price of
$7,594.00) and IT050534 for the purchase and installation of voice and data
cable from Fiber Solutions for the price of $44,488.20. Also approve the
expenditure of a not-to-exceed amount of $23,000.00 for such incidentals as,
but not limited to, miscellaneous furniture, carpeting, overnight shipping,
moving, dismantling, relocation, internal signage, additional voice and data
cable etc. No additional funds are requested, as the costs are already
budgeted this fiscal year. Grand Total $249,337.66. WHAT ACTION ACCOMPLISHES: Provides workstations
and a more efficient work flow to accommodate additional staff hired over the
last year for the record permitting activity, and replaces the 8+ year old
carpet in this high traffic area. MANAGEMENT RECOMMENDATION: Approve as stated. (#20050796-Community Development) |
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5. |
HUMAN
SERVICES |
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ACTION REQUESTED/PURPOSE: Approve strategic plan recommendations made by the
Human Services Council. WHAT ACTION ACCOMPLISHES: Provides planning direction to community human
service providers and funding agencies. MANAGEMENT RECOMMENDATION: Approve plan as presented. (#20050838-Human Services) |
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6. |
INDEPENDENT |
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ACTION
REQUESTED/PURPOSE: Authorize:
1) the Division of County Lands to make a binding offer to property
owner in the amount of $133,100 for Parcel 246 (inclusive of $2,000 allowance
for moving expenses), Three Oaks Extension Project No. 4043, pursuant to the
Purchase Agreement; 2) the Division of County Lands to handle and accept all
documentation necessary to complete transaction; 3) authorize payment of
moving expense allowance directly to the occupant/tenant. WHAT ACTION ACCOMPLISHES: Makes binding
offer to property owner. MANAGEMENT
RECOMMENDATION: Management recommends Board approve the Action
Requested (#20050657-County Lands) |
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ACTION REQUESTED/PURPOSE: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $1,500 for Parcel 1012,
Veronica S. Shoemaker Blvd. Extension, Project No. 4073, pursuant to the
Purchase Agreement; authorize the Division of County Lands to handle all
documentation necessary to complete transaction. WHAT ACTION ACCOMPLISHES: Authorizes binding offer to property owner. MANAGEMENT RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20050694-County Lands) |
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ACTION
REQUESTED/PURPOSE: Accept Beach Storm Damage Reduction Easements for
Parcels 64, 208 and 209, for the Estero Island Beach Restoration Project No.
3022; authorize payment of recording fees; authorize the Division of County
Lands to handle and accept all documentation necessary to complete
transaction. WHAT ACTION ACCOMPLISHES: Enables County to pursue
Federal funding for the project. MANAGEMENT
RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20050746-County Lands) |
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ACTION REQUESTED/PURPOSE: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $185,200 for Parcel A and B,
Corkscrew Curve Realignment Project,, pursuant to the Purchase Agreement;
authorize the Division of County Lands to handle all documentation necessary
to complete transaction. WHAT ACTION ACCOMPLISHES: Authorizes binding offer to property owner. MANAGEMENT
RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20050752-County Lands) |
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ACTION REQUESTED/PURPOSE: Approve Purchase Agreement for acquisition of Parcel 334-RW & 334-SDE, Three Oaks Parkway South Extension Project No. 4043, in the amount of $70,000; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction. WHAT ACTION ACCOMPLISHES: The Board avoids Eminent
Domain. MANAGEMENT RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20050758-County Lands) |
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ACTION REQUESTED/PURPOSE: Approve award of Formal
Quotation No. Q-050473 Annual Purchase of Alamo OEM Repair Parts for Fleet
Management, to the low quoter meeting specifications (with the application of
the Local Vendor Preference), Creel Tractor Co., at the discount as listed on
the attached Lee County Tabulation Sheet.
The initial term of this quote is one year; also request authority to
renew this quote for four additional one-year periods, at the same terms and
conditions, if in the best interest of Lee County. Funding
will be available from the individual
department or division’s budget whom will be responsible for monitoring their
individual expenditures. Fleet
estimates expending approximately $100,000 annually for Alamo parts. WHAT ACTION ACCOMPLISHES: Allows Fleet to continue
to buy Alamo parts for County equipment. MANAGEMENT
RECOMMENDATION: Approve as stated. (#20050763-Fleet Management) |
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ACTION
REQUESTED/PURPOSE: Accept easement grant from Bank of America for the
Old Olga Road Turn Lane (onto Palm Beach Blvd.), Project #6733. Authorize payment of recording fees and
Division of County Lands to handle all documentation necessary to complete
transaction. WHAT ACTION ACCOMPLISHES: This will provide for the construction and
maintenance of stormwater drainage facilities. MANAGEMENT RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20050779-County Lands) |
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ACTION
REQUESTED/PURPOSE: Approve expenditures that will exceed the County
Managers approval level ($50,000.) for Quote # Q-010498, Pest Control
Services, for county wide use, to the awarded vendor, Preven Tech/Massey
Services. This quote was originally
awarded for one year from 2/14/02 to 2/13/03, with four additional one-year renewals
available. Also request authority to
renew this quote for a final year 2/14/06 to 2/13/07, upon mutual agreement
of both parties under the same terms and conditions. Lee County estimates spending
approximately $78,000. during FY 2005.
Funding will come from the individual department or division’s budget
and they will be responsible for their own expenditures. WHAT ACTION ACCOMPLISHES: Allows the Lee
County Departments/Divisions to exceed the $50,000. expenditure level this
fiscal year and in the future. MANAGEMENT RECOMMENDATION: Staff recommends
approval. (#20050806-Purchasing) |
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ACTION
REQUESTED/PURPOSE: Approve the conveyance of County interest in the
property described as the portion of Park B, along Block L, Bonita Beach
First Addition Subdivision Plat Book 8, Page 70, to the City of Bonita
Springs pursuant to their request. WHAT ACTION ACCOMPLISHES: Conveys County interest in a platted parcel
identified as Park B, to the City of Bonita Springs. MANAGEMENT RECOMMENDATION:
Management recommends Board approve the Action Requested. (#20050810-County Lands) |
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7. |
PUBLIC
SAFETY |
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ACTION REQUESTED/PURPOSE: Authorize Chairman to approve a Certificate of
Public Convenience and Necessity (CON) to the Lee Memorial Health System, an
independent special district, to conduct advance life support (ALS) service
to neonatal and pediatric transports. WHAT ACTION ACCOMPLISHES: Grants the applicant license to provide ALS
service in accordance with State law and provision contained in Lee County
Ordinance 02-19. MANAGEMENT
RECOMMENDATION: Staff recommends
approval. (#20050743-EMS) |
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ACTION REQUESTED/PURPOSE: Approve Transfer
of Funds in the amount of $92,000 from Burnt Store Fire District reserves for
the remaining balance owed to the City of Cape Coral pertaining to fire
protection services within the Burnt Store Area Fire Services MSTU for Fiscal
Years 2004 and 2005. WHAT ACTION ACCOMPLISHES: Current policy
requires Board approval of this item. MANAGEMENT RECOMMENDATION: Staff recommends
approval. (#20050771-Public Safety) |
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8. |
SOLID
WASTE-NATURAL RESOURCES |
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ACTION REQUESTED/PURPOSE: Approve an addition of $10,500 to Purchase Order
No. 65919 to Thermal Engineering International (TEI), due to an error made on
the tabulation sheet that did not include the final material adjustment
price. Final PO amount is now
$247,000.00. WHAT ACTION ACCOMPLISHES: Provides correction to
PO 65919 reflecting actual final bid price. MANAGEMENT
RECOMMENDATION: Staff Recommends the action requested. (#20050813-Solid Waste) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED/PURPOSE: Rescind the award of
Q-020361 Roadside Maintenance for Veterans Parkway of segments 2 and 3 to the
originally awarded vendor James Kennedy Lawn Service. Approve the award of
segment 2 to Greenwerx Groundskeeping, Inc. and segment 3 to Arbor One Inc
(formally JS Lawncare, Inc.) per the prices as stated on the Lee County
Tabulation Sheet for the remaining term of the quote. WHAT ACTION ACCOMPLISHES: Allows DOT to continue to mow and maintain the area. MANAGEMENT
RECOMMENDATION: Approve as stated. (#20050764-Transportation) |
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ACTION REQUESTED/PURPOSE: Approve award of Formal
Quotation No. Q-050405, The Purchase of One Paint Striping Truck for DOT -
Traffic, to the low quoter meeting specifications, M-B Companies, Inc., at a
price of $301,770 – plus options as listed on the attached Lee County
Tabulation Sheet totaling $10,178.75 – for a grand total amount of
$311,948.75. WHAT ACTION ACCOMPLISHES: Provides DOT – Traffic with a new and reliable truck which will replace the department’s current machine (asset #019458) which has become increasingly costly to maintain and has met all of Fleet Management’s replacement criteria. MANAGEMENT
RECOMMENDATION: Approve as stated. (#20050765-Transportation) |
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ACTION REQUESTED/PURPOSE: Concur with the ranking of Consultants by the
Competitive Negotiations Committee for CN-05-09 TOLL VIOLATION ENFORCEMENT
SYSTEM, in the following order of ranking, and authorize contract
negotiations to commence with the number one ranked firm: (1) VESystems Corporation; (2) TransCore;
(3) InTranS Group, Inc. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Consultant to provide a
Violation Enforcement System. Work
shall include all labor, materials and services to complete the design,
documentation, installation, packaging, delivery, testing and acceptance of
the hardware and software for the various Violation Enforcement System Land
and Plaza configurations. MANAGEMENT
RECOMMENDATION: Approval
recommended. (#20050768-Transportation) |
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ACTION REQUESTED/PURPOSE: Approve the Local Agency Program Agreement with
the Florida Department of Transportation for the Computerized Signal
Feasibility Study. Also approve authorizing resolutions for Chairman to
execute agreements as well as a budget amendment resolution in the amount of
$220,321. Approve budget transfer of $220,321 and amend the FY 04-05 – 08-09
CIP accordingly WHAT ACTION ACCOMPLISHES: Allows County to proceed with the Study, which
will provide a multi-year funding plan that is feasible for the planned
upgrade of the Lee County Urban Area Computerized Traffic Signal System. MANAGEMENT RECOMMENDATION: Approve agreement. (#20050772-Transportation) |
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ACTION REQUESTED/PURPOSE: Approve authorizing resolution and agreement for
Chairman to execute the attached Resolution and State of Florida Department
of Transportation (FDOT) Highway Landscaping Installation and Maintenance
Agreement (HLIMA) between Lee County and FDOT for landscape and irrigation on
US 41 from Corkscrew Road to the city limits of Bonita Springs on behalf of
the BoCC. Also approve budget amendment resolution in the amount of $644,000
and amend FY 04/05 – 08/09 CIP. WHAT ACTION
ACCOMPLISHES: Requires BOCC approval for agreements and amendments to CIP. Provides an agreement that will reimburse the County for landscaping and irrigation installation design expenses up to $644,000 for this section of U.S. 41. MANAGEMENT RECOMMENDATION: Staff recommends
approval. (#20050773-Operations) |
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ACTION REQUESTED/PURPOSE: Approve attached Sole Source Purchase Agreement by
and between Mariner Properties Development, Inc. and Lee County in the amount
of $977,760.00 for Corkscrew Regional Mitigation Bank Credits in order to
provide in basin and in jurisdiction wetland impact mitigation for the
construction of the Lee County DOT CIP project known as Three Oaks Parkway
South. WHAT ACTION ACCOMPLISHES: Provides in basin and in jurisdiction mitigation
for the wetland impacts associated with the construction of the Lee County
DOT CIP project known as Three Oaks Parkway South. MANAGEMENT RECOMMENDATION: Management recommends the attached Sole Source
Purchase Agreement be approved in order to finalize and receive permits
required for construction of the Lee County DOT CIP project known as Three
Oaks Parkway South.
(#20050776-Transportation) |
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ACTION REQUESTED/PURPOSE: Request Board approve budget transfer in the
amount of $200,000 from Gas Tax Reserve for Contingencies to the Bonita Beach
Road Widening Project #4044 and amend the 04-05 – 08-09 CIP accordingly. WHAT ACTION ACCOMPLISHES: Allows DOT to proceed with change orders to the Bonita Beach Road Widening Project. MANAGEMENT RECOMMENDATION: Approve transfer
(#20050805-Transportation) |
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10. |
UTILITIES |
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11. |
PARKS AND
RECREATION |
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ACTION REQUESTED/PURPOSE: (1) Approve the land Lease Agreement between Lee
County and the Island School, Inc. for the Boca Grande Charter School. Authorize Chairman’s signature on the Land
Lease Agreement. Board of County
Commissioners’ approval is required to finalize the agreement with the Island
School, Inc. (2) Approve a one year extension of the existing lease agreement
for the use of the two rooms at the Boca Grande Community Center. Authorize the Chairman’s signature on the
lease extension. WHAT ACTION ACCOMPLISHES: Finalizes the agreement with the Island School,
Inc. and allows Lee County to begin construction of the new charter
school. Allows the School to continue
using the community center for an additional one year period while the new
school is constructed. MANAGEMENT RECOMMENDATION: Staff recommends approval of the lease agreement
and lease extension. (#20050753-Parks
and Recreation) |
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12. |
COUNTY
ATTORNEY |
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ACTION REQUESTED/PURPOSE: Waive requirements to present ordinance amending
LDC §34-1006 pertaining to airport noise zones to Land Development Code
Advisory Committee and Executive Regulatory Oversight Committee; direct
proposed ordinance to Public Hearing as follows: LPA-June 27, 2005; First
Public Hearing-August 9, 2005 at 5:05 p.m.; Second Public Hearing-August 23,
2005 at 5:05 p.m. WHAT ACTION ACCOMPLISHES: Two public hearings and review by the LPA are
required to amend the Land Development Code. MANAGEMENT
RECOMMENDATION: Approve. (#20050802-County Attorney) |
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13. |
HEARING
EXAMINER |
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14. |
PORT
AUTHORITY |
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15. |
CONSTITUTIONAL
OFFICERS |
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ACTION REQUESTED/PURPOSE: Approve disbursements. WHAT ACTION ACCOMPLISHES: Florida
Statute Chapter 136.06(1) requires that all County disbursements be recorded
in the Minutes of the Board. Compliance with the requirements of FS
136.06(1). MANAGEMENT RECOMMENDATION: Approve (#20050847-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve
payment of Delinquent Tax overbid money to the claimant-Palmer. Pursuant to Florida Statute 197 the Board is to
hold unclaimed overbid funds from Delinquent Tax sales for a period of two
years on behalf of the original land owner. WHAT ACTION ACCOMPLISHES: The
Clerk has received a verified claim of these funds and requests that you
release them to the claimant. MANAGEMENT
RECOMMENDATION: Approve (#20050848-Clerk of Courts) |
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June
21, 2005
1. |
COUNTY
ADMINISTRATION |
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2. |
CONSTRUCTION
AND DESIGN |
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3. |
COUNTY
COMMISSIONERS |
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4. |
COMMUNITY
DEVELOPMENT |
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5. |
HUMAN
SERVICES |
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6. |
INDEPENDENT |
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7. |
PUBLIC
SAFETY |
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ACTION
REQUESTED/PURPOSE: Approve Bid Waiver # W-050523, to waive the formal
quotation procedure, and allow Lee County Public Safety to purchase an Andros
F6A Bomb Robot and associated accessories, from Remotec Inc. A waiver has been requested because
Remotec Inc. has been chosen by the federal granting agency (Office for Domestic
Preparedness, Department of Homeland Security) as the sole source for this
product, in order to standardize domestic security equipment on a region wide
basis. The granting Agency has
allotted $215,000.00 for the purchase of the robot and associated
accessories. WHAT ACTION ACCOMPLISHES: Provides the Lee
County Port Authority with a bomb robot to respond to acts of terrorism as
part of the homeland security program. MANAGEMENT RECOMMENDATION: Staff recommends
approval of purchase. (#20050787-Emergency
Management) |
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8. |
SOLID
WASTE-NATURAL RESOURCES |
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9. |
TRANSPORTATION |
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10. |
UTILITIES |
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11. |
PARKS AND
RECREATION |
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12. |
COUNTY
ATTORNEY |
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ACTION
REQUESTED/PURPOSE: Approve the Resolution of Necessity for the
acquisition and condemnation of parcels in Phase III, required for the
Imperial Street Widening Project (Dean Street intersection north to the
Imperial River), No. 4060. WHAT ACTION
ACCOMPLISHES: Allows the County to proceed with condemnation, if
necessary, so parcels can be acquired for the Imperial Street Widening Project (Dean Street intersection north
to the Imperial River). MANAGEMENT
RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20050797-County
Attorney) |
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13. |
HEARING
EXAMINER |
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14. |
PORT
AUTHORITY |
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15. |
CONSTITUTIONAL
OFFICERS |
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