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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 |
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Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
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March 26, 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
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9:30
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Invocation: |
Dr.
Bruce Merton |
Cypress
Lake Presbyterian Church |
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Pledge
of Allegiance |
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Recap |
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Public
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Consent
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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Administrative
Agenda |
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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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Adjourn
until 5:00 PM |
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5:00
PM |
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Public
Hearing
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ACTION REQUESTED: Adopt a Resolution on Petition VAC2001-00010 to
vacate a 12 foot Public Utility and Drainage Easement on the common lot line
between Lots 36 and 37, Block 111, Unit 7, a subdivision of San Carlos Park,
as recorded in Deed Book 315 at page 155 of Public Records of Lee County,
Florida, Section 16, Township 46 South, Range 25 East, less and except the
South 15 thereof. WHY ACTION IS NECESSARY: Vacate the easement to build a Single family
home. The vacation of the public
utility and drainage easement will not alter existing utilities or drainage
and the easement is not necessary to accommodate any future utility or drainage
requirements. WHAT THE ACTION ACCOMPLISHES: Vacate the easement. (S16-T46S-R25E)
(#5) (#20020209-Development
Services) |
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Public
Hearing
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ACTION REQUESTED: Adopt a Resolution on Petition VAC2002‑00001
to vacate a 12' Public Utility and Drainage Easement between the common lot
lines of lots 2,3,and 4, Block 36, Unit 13, Section 16, Township 45 South,
Range 27 East, Lehigh Acres, Florida as recorded in Plat Book 27, Page 176,
of the Public Records of Lee County Florida, less and except the north 20
feet thereof, and the east and west six feet thereof. WHY ACTION IS NECESSARY: Combine 3 lots to build a Single Family home. The vacation of the Public Utility and
Drainage Easement will not alter existing utilities and the easement is not
necessary to accommodate any future utility requirement. WHAT THE ACTION ACCOMPLISHES: Vacates the Easement. (S16-T45S-R27E)
(#5) (#20020208-Development
Services) |
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Public
Hearing |
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ACTION
REQUESTED: To adopt and enact an ordinance, with staff
recommended conditions, to establish a Uniform Community Development District
(UCDD) to be known as the Verandah West Community Development District
ordinance. WHY
ACTION IS NECESSARY: An ordinance adopted by the BOCC is the exclusive
means to establish a UCDD of less than 1,000 acres in size. WHAT
ACTION ACCOMPLISHES: Creates an independent special district that
provides an alternative method to manage and finance basic services for
community development. (#20020242-County Attorney) |
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Public
Hearing |
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ACTION REQUESTED: Hold a Public Hearing to amend Lee County’s Vessel
Control Ordinance 96-22. The
amendments to the ordinance are consistent with the changes to Fla. Stat.
§327.60. WHY ACTION IS NECESSARY: Provides for uniformity with Fla. Stat. §327.60,
as amended on July 1, 2000, prohibiting discrimination against personal
watercraft. WHAT ACTION ACCOMPLISHES: Changes Lee County Ordinance 96-22- Vessel
Control, by deleting provisions regulating personal watercraft and amending
the section entitled, “Areas of Regulated Water Activity.” (#20020123-Natural Resources) |
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5:05
PM |
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Public
Hearing |
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ACTION
REQUESTED: Conduct first public hearing on proposed
amendments to the Land Development Code (LDC) pertaining to excavation
regulations and authorize publication of amendments. After hearing, direct ordinance to second
public hearing on April 9, 2002 at 5:05 p.m. WHY ACTION
IS NECESSARY: Two public hearings are required under Florida Law
to adopt amendments to the LDC. WHAT ACTION
ACCOMPLISHES: Allows for discussion and public input on proposed
amendments. (#20020249-County
Attorney) |
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ACTION REQUESTED: Present information requested by the Board of
County Commissioners (BOCC) with respect to proposed expansion of the Alva
Cemetery by the Trustees of the Alva Cemetery Association. WHY ACTION IS NECESSARY: To provide the BOCC with requested information on
the status of the project. WHAT ACTION ACCOMPLISHES: Provides the BOCC with information on the status
of the project. (#20020258-County
Attorney) |
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5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |
CONSENT
AGENDA
March
26, 2002
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1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION REQUESTED: Approve the award of Project # EX020333, the
purchase of one (1) new Altec aerial lift truck for Lee County Facilities
Management/Maintenance and Repair Services, from Altec Industries, Inc., at
the prices given in the Federal General Services Administration (GSA)
contract # GS-30F-1028G Schedule #23 II (Price List Revision II dated
2/01/01). Base cost is $86,248.00;
plus $1,954.00 for options; for a grand total amount of $88,202.00. 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: The new truck will provide Facilities Management/MARS
with the ability to repair and service dome lighting at the new bus terminal;
as well as other parks and recreational facilities. The new bus barn cannot accommodate heavy duty trucks with a
boom assembly; therefore, it is necessary to use a vehicle of this type. (#20020243-Facilities Management) |
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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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ACTION
REQUESTED: Approve an interlocal agreement between Lee County, the Lee County Tax Collector, and the Lee County Property Appraiser for the preparation and submission of the Lee County NE Hurricane Bay Dredging Municipal Service Benefit Unit, Iona Shores Waterline Municipal Service Benefit Unit, Rainbow Farms Waterline Municipal Service Benefit Unit, University Overlay Landscape Capital Municipal Service Benefit Unit, and University Overlay Landscape O & M Special Improvement Unit, Non-Ad Valorem Assessment Rolls and their related Uniform Collection and Enforcement pursuant to §197.3632. WHY ACTION
IS NECESSARY: Provides for the inclusion of certain Non-Ad
Valorem Municipal Service Taxing and Benefit Units on the tax roll for 2002
and subsequent years. WHAT ACTION
ACCOMPLISHES: Establishes an agreement for the preparation and
submission of certain Lee County Municipal Services Taxing and Benefit Units
Non-Ad Valorem assessment rolls and their related uniform collection and
enforcement pursuant to §197.3632, Florida Statures. (#20020222-MSTBU Services) |
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ACTION
REQUESTED: Schedule a Public Hearing date for April 23, 2002
at 5:00 p.m. to consider the creation of the Dewberry Lane Special
Improvement Unit Operations and Maintenance MSBU. WHY ACTION
IS NECESSARY: Board of County Commissioners schedules Public
Hearings. WHAT ACTION
ACCOMPLISHES: Allows staff to prepare for and advertise Public
Hearing. (#20020230-MSTBU Services) |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION REQUESTED: Approve Lee County’s portion of the fourth Annual
Report for the Lee County NPDES (National Pollutant Discharge Elimination
System) Storm Water Permit (FLS000035) and authorize staff to transmit the
report to the United States Environmental Protection Agency (USEPA). Authorize Chairman to sign the Certification
Page for the NPDES Fourth Annual Report. WHY ACTION IS NECESSARY: Annual Reports are required as a permit condition
of the Lee County NPDES permit. WHAT ACTION ACCOMPLISHES: Provides certification that the report provides an
accurate description of the activities associated with the NPDES permit. (#20020247-Natural Resources) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Approve the Joint Project Agreement with the
Florida Department of Transportation for an Intelligent Transportation System
Feasibility Study in the amount of $22,837.00. Also, approve authorizing resolution for Chairman to execute
Agreement on behalf of the Board of County Commissioners. WHY ACTION
IS NECESSARY: Requires Board of County Commissioner approval for
agreements. WHAT ACTION
ACCOMPLISHES: Allows County to contribute to the local match
(12.5%), such that the project can proceed.
(#20020233-Transportation) |
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10. |
UTILITIES |
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ACTION REQUESTED: Approve final acceptance, by Resolution, as a
donation for one 6” fire line serving North Fort Myers High School
Auditorium. This is a Developer
contributed asset and the project is located at the southeast corner of
Orange Grove Boulevard and Camellia Drive. WHY ACTION IS NECESSARY: To provide fire protection to the existing
auditorium. WHAT ACTION ACCOMPLISHES: Places the fire line into operation and complies
with the Lee County Utilities Operations Manual. (#20020223-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, as a
donation for one 6” fire line serving Cypress Lake High School
Auditorium. This is a Developer
contributed asset and the project is located at the south-west corner of Cypress
Lake Drive and Panther Lane. WHY ACTION IS NECESSARY: To provide fire protection to the existing
auditorium. WHAT ACTION ACCOMPLISHES: Places the fire line into operation and complies
with the Lee County Utilities Operations Manual. (#20020224-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, as a donation
of one potable water service, a gravity collection system, lift station and
force main extension serving the Kinsey Property-Six Mile Cypress Sewer
Project. This is a Developer contributed asset and the project is located on
the south side of Six-Mile Cypress Parkway approximately 1 mile west of Metro
Parkway South. WHY ACTION IS NECESSARY: To provide sanitary sewer service to this phase of
the recently constructed light industrial development. WHAT ACTION ACCOMPLISHES: Places the sanitary sewer system into operation
and complies with the Lee County Utilities Operations Manual (#20020225-Utilities) |
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ACTION
REQUESTED: Approve final acceptance, by Resolution, and
recording of a Utility Easement, as a donation for a water distribution and
gravity collection system serving “HealthPark
Commons, Phase I”. This is a
Developer contributed asset and the project is located on the east side of
Bass Road approximately 1,000 ft. north of Summerlin Road. WHY ACTION
IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this phase of the proposed commercial
development. WHAT ACTION
ACCOMPLISHES: Places this phase of the water and sewer systems
into operation and complies with the Lee County Utilities Operations
Manual. (#20020235-Utilities) |
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11. |
PARKS AND RECREATION |
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12. |
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: 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). (#20020256-Clerk of
Courts) |
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ACTION REQUESTED: Present for information
purposes. WHY ACTION IS NECESSARY: To provide interim reporting on selected funds and revenues of the Lee County Board of County Commissioners. Also included, in compliance with Florida Statute 218.415, Local Government Investment Policies, is the stated and fair market value of the investments managed by the Clerk’s Office. WHAT ACTION ACCOMPLISHES: The purpose of this report is to convey to you the
financial status of selected significant funds of the Lee County Board of
County Commissioners and the status of specific revenues as of the stated
dates and the market value of the investments managed by the Clerk’s Office
on behalf of the Board. (#20020257-Clerk
of Courts) |
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ACTION
REQUESTED: Approve the annual financial report to the Florida Department of Banking and Finance (Department). WHY
ACTION IS NECESSARY: To comply with Section 218.32(b), Florida Statutes, requiring that on or before March 31 of each year, each unit of local government shall submit a copy of a financial report covering its operations during the preceding year to the Department. WHAT
THE ACTION ACCOMPLISHES: Noncompliance
with Section 218, Florida Statutes, could cause the Legislative Auditing
Committee to require the withholding of funds payable to the County by the
Department of Revenue and the Department of Banking and Finance. (#20020251-Clerk of Courts) |
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ACTION REQUESTED: Approve transfer from the General Fund Reserves
#001 to the Lee County Sheriff’s Office in the amount of $78,276 for a “Gap
Policy” contract with PHS Correctional Care for inmate medical services
effective April 1, 2002 through September 30, 2002. WHY ACTION IS NECESSARY: To provide inmates with medical and dental
services as required by Florida State Statute 901.35. WHAT ACTION ACCOMPLISHES: Provides the services necessary for the
inmates. (#20020261-Sheriff) |
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ACTION REQUESTED: Present Lee County’s Comprehensive Annual
Financial Report (CAFR) for fiscal year 2001, which was prepared in
accordance with the new Governmental Accounting Standards Board Statement No.
34 (GASB 34) format. WHY ACTION IS NECESSARY: To comply with Chapter 10.550, “Rules of the
Auditor General-Local Governmental Entity Audits”, and various bond
covenants. WHAT THE ACTION ACCOMPLISHES: Provides public notice of the availability of
the audited financial statements to the citizens of Lee County. (#20020269-Clerk of Courts) |
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ACTION
REQUESTED: Approve transfer from the General Fund Reserves
#001 to the Lee County Sheriff’s Office in the amount of $ 278,007 for (8)
Technical Service Positions for the remainder of Fiscal Year 01/02. WHY ACTION
IS NECESSARY: Board approval is needed to transfer funds from
reserves WHAT ACTION
ACCOMPLISHES: To provide the Lee County Sheriff’s Office with
the Personnel and Operational
Expenses to support Technical Services as recommended by the Clerk of Courts
Audit. (#20020262-Sheriff) |
ADMINISTRATIVE
AGENDA
March
26, 2002
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1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Approve emergency E-02-01 EMERGENCY REPAIRS TO THE
HVAC SYSTEM AT THE MICHIGAN AVENUE HEALTH DEPARTMENT, to B&I Contractors
Inc., in the amount of $99,000.00.
Also, approve budget transfer from Capital Improvement Fund reserves
in the amount of $99,000.00 and amend
FY 01-05/06 CIP for the Capitalized
Building Maintenance. WHY ACTION
IS NECESSARY: In accordance with the Lee County Contract Manual
approved by the Board on September 25, 2001, the Board is required to approve
all emergencies over $50,000.00. WHAT ACTION
ACCOMPLISHES: Provides for the repair of the HVAC system in the
Lee Health Departments Tuberculosis (TB) Clinic. (#20020240-Facilities Management) |
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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: Authorize Chairman to execute interlocal agreement
with Florida Gulf Coast University to use the FGCU Teaching Gym as a
hurricane shelter. Authorize
expenditures not to exceed $947,296.00 to offset the University’s costs to
construct the building to hurricane shelter guidelines requested by Lee
County. Approve Transfer from Fund
18200 All-Hazards Reserves in the amount of $947,296.00. WHY ACTION IS NECESSARY:
Board authorization is required for any
expenditure exceeding $50,000. WHAT ACTION ACCOMPLISHES: Furnishes additional shelter spaces for residents
vulnerable to hurricane forces and furthers the reduction of the county’s
current hurricane shelter space deficit.
(#20020241-Public Safety) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED: Approve Bid Waiver # W-020337 to waive the formal
quotation procedure and allow the Lee County Solid Waste Division to purchase
one (1) John Deere Model 644H front-end loader from Nortrax Equipment Co. at
a price of $193,626.12. It should be
noted that this price is from Florida State Contract #760-001-99-1 which
expired several months ago; but is being honored by Nortrax Equipment. A bid waiver has been requested due to the
urgent need to obtain this equipment as quickly as possible prior to the
requirement to transfer waste to Hendry County. The anticipated schedule was shortened by four months based on
the latest Waste Management, Inc. estimate of remaining landfill capacity at
the GCLF. WHY ACTION
IS NECESSARY: According to Section 9.4.1 of the Lee County
Purchasing & 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: Provides the Solid Waste Division with the
appropriate piece of equipment required to load transfer trucks with bypass
solid waste prior to transfer to the Lee/Hendry landfill. (#20020250-Solid Waste) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Approve Bid Waiver #W-020292 to waive the formal
quotation procedure and allow Lee County DOT – Operations to purchase one (1)
new Kaiser 2002 S2.2 Gator Swampmiester excavator from Pioneer Kaiser Inc.;
which is the only authorized United States sales company for the sole source
manufacturer of this machinery, the Kaiser Company, at a price of
$190,000.00. (Machine cost: $215,000.00 less trade-in allowance of
$25,000.00 for a County-owned Kaiser Swampmiester = $190,000.00.) WHY ACTION
IS NECESSARY: According to Section 9.4.1 of the Lee County Purchasing
& 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: This new equipment will provide DOT – Operations
with the ability to maintain and adjust to an increasing level of
service. This equipment cleans
canals, ditches and swampy areas. The
addition of this equipment will also provide for replacement service when
like equipment is being repaired or maintained. (#20020218-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: Approve resolution amending Resolution No. 01‑04‑59. WHY ACTION IS NECESSARY: To delete parcels not needed for the Northerly
Drainage Outfall for the Southwest International Airport Expansion. WHAT ACTION ACCOMPLISHES: Deletes parcels 10, 11, 13 and 14 from Resolution
of Necessity. (#20020232-County
Attorney) |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |