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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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July 9, 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: |
Pastor
Douglas Wahlberg |
Faith
Lutheran 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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10:00
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Special
Presentation by Smart Growth Director on “Smart Financing” (#20020702- County Administration) |
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Adjourn
until 5:00 PM |
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CONSENT
AGENDA
July
9, 2002
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1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Approve the creation of the Lee County Sports
Development Council WHY ACTION
IS NECESSARY: Recommendations of the Tourist Development Council
require B.O.C.C. approval. WHAT ACTION
ACCOMPLISHES: Implements a dedicated sports marketing department
enabling the County to maintain and improve a competitive advantage in the
lucrative sports market. Currently
amateur sports provide a $40 million impact on the Lee County economy. (#20020703-VCB) |
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ACTION
REQUESTED: Approve resolution adopting proposed FY02-03 ad
valorem millage rates and rolled-back rates; and schedule first and second
public hearings on the FY02-03 proposed budget and proposed millage rate for
September 5, 2002 at 5:05 p.m., and September 19, 2002 at 5:05 p.m. in the
Commission Chambers Meeting Room. WHY ACTION
IS NECESSARY: State law requires that the Board advise the
Property Appraiser of the millage rates, rolled-back rates, and the date,
time, and place of the first public hearing on the budget. WHAT ACTION
ACCOMPLISHES: Authorizes the aforementioned information to be transmitted to the Property Appraiser as required by State Law. (#20020729-Budget Services) |
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ACTION
REQUESTED: Approve Change Order No. 6 to Contract #236, with
Markham Norton Stroemer & Co. PA for CN-98-11 ANNUAL FINANCIAL AUDIT
(CONSTITUTIONAL OFFICERS) to allow for the continuation of services
previously approved under Change Orders 3, 4 and 5, for an additional amount
of $75,000.00. WHY ACTION
IS NECESSARY: Pursuant to the Lee County Contract Manual,
approved by the Board on September 25, 2001, the Board is required to approve
all Change Orders in excess of $50,000.00 to a Service Provider Agreements. WHAT ACTION
ACCOMPLISHES: Allows the consultant to continue to provide
professional financial auditing services for the completion of the previously
authorized work. (#20020705-Budget
Services) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Concur with the selection of Consultants by the
Competitive Negotiations Committee for CN-02-18 MATERIAL TESTING SERVICES,
and authorize staff to negotiate hourly rates and independent testing cost
with the following six (6) selected firms: Allied Engineering & Testing
Inc., AMRC – American Management Resources Corp.; Ardaman & Associates
Inc.; ACS Geosciences Inc.; GFA International; and Universal Engineering
Sciences, for a contract period of two (2) years with the option of renewal
for one (1) additional year. Also,
authorize Chairman on behalf of the Board to execute the agreements upon
final negotiations. WHY ACTION
IS NECESSARY: Pursuant to Lee County Contract Manual approved by
the Board on September 25, 2002, the Board is required to approve all
Consultant selections. WHAT ACTION
ACCOMPLISHES: Provides the County with several consultants on
contract that can provide professional services involving field and
laboratory tests, evaluations and reports relating to soils and materials at
various construction sites in Lee County for projects undertaken by various
County departments/divisions.
(#20020713-Contracts) |
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ACTION
REQUESTED: Award Professional Services Agreement for CN-02-15
PUBLIC SAFETY HVAC REMODELING, to Anchor Engineering Consultants Inc., for a
total contract amount of $81,400.00. WHY ACTION
IS NECESSARY: Pursuant to the Lee County Contract Manual,
approved by the Board on September 25, 2001, the Board is required to
approval all Professional Services Agreements over $50,000.00. WHAT ACTION
ACCOMPLISHES: Consultant will
prepare plumbing, mechanical and electrical construction documents, review
plumbing, mechanical and electrical shop drawings, and provide construction
observation services for renovations to the Public Safety/Stockade Building
HVAC Remodeling.
(#20020774-Construction & Design) |
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ACTION
REQUESTED: Award and authorize staff to enter into a
Construction Manager Agreement for RFQ-02-04 Lee County Justice Center
Expansion, for the Department of Construction & Design, to Centex Rooney
Construction Company for the sum of five percent (5%) of the total
construction cost of the project.
Also approve Budget Transfer from the Capital Improvement Fund
Reserves in the amount of $20,000.00 and amend FY01/02 – 05/06 CIP for the
Justice Center Expansion project accordingly. WHY ACTION
IS NECESSARY: Pursuant to Administrative Code AC-4-4 Lee County
Contract Manual for Construction projects, approved by the Board on September
25, 2001, construction projects estimated to be over $50,000 will be executed
through the formal advertised process. WHAT ACTION
ACCOMPLISHES: Provide construction management services for the
construction of the Justice Center Expansion located at 1700 Monroe Street,
Ft Myers Florida. Services to include
assisting in finalization of Master Plan, design support services, cost
estimates, bidding and construction management (#20020761-Construction and Design) |
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ACTION
REQUESTED: Approve Change Order No. 1 to the Addendum to the
Construction Management Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING
CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Schandler Hall
Park, Athletic Field Improvements & Restroom Replacement, to Compass
Construction, Inc. (Contract #1739) for an increase to the Guaranteed Maximum
Price (GMP) of $129,232.00 for a revised GMP of $329,232.00. WHY ACTION
IS NECESSARY: Pursuant to Administrative Code AC-4-4 Lee County
Contract Manual for Construction Projects, approved by the Board on September
25, 2001, change order over $50,000 requires Board approval. WHAT ACTION
ACCOMPLISHES: Provides the County with a Construction Manager
which will provide any and all services needed for the Schandler Hall Park,
Athletic Field Improvements and Restroom Replacement. (#20020777-Construction and Design) |
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3. |
COUNTY COMMISSIONERS |
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ACTION
REQUESTED: Approve resolution in support of the citrus
industry. WHY ACTION
IS NECESSARY: Board must approve Resolutions. WHAT ACTION
ACCOMPLISHES: Supports the citrus industry and expresses concern
for Citrus Canker eradication efforts.
(#20020799-County Commission) |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION REQUESTED: Authorize the establishment of 1 Building
Inspector position for the Department of Community Development. Position to be fully funded by the City of
Bonita Springs through current Interlocal Agreement and adopt budget
amendment resolution to reflect receipt of funds in the amount of $13,028
(through end of current FY) from the City of Bonita Springs. WHY ACTION IS NECESSARY: To provide continuing, consistent services to the City of Bonita Springs. WHAT THE ACTION ACCOMPLISHES: Provides efficient service to City of Bonita
Springs. (#20020755-Community Development) |
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ACTION REQUESTED: Accept
a Petition VAC2002-00024 to Vacate the East 5-foot portion of a 25-foot wide
Drainage Easement centered between Lots 131 and 132, River Forest
Subdivision, Unit 4, as recorded in Plat Book 21, Page 100, of the Public
Records of Lee County, Florida and adopt a Resolution setting a Public
Hearing for 5:00 p.m. on the 13th day of August 2002. WHY ACTION IS NECESSARY: It
would eliminate the encroachment of a home that was built in 1974. The vacation of this easement will also
provide clear title for future re-sale of the property. The
vacation of this five foot portion of the Drainage Easement will not alter
existing or future drainage requirements. WHAT ACTION ACCOMPLISHES: Sets
the time and date of the Public Hearing.
(#20020712-Development Services) |
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5. |
HUMAN SERVICES |
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ACTION REQUESTED: Terminate existing contract number 1903 between
Lee County and Age Link of Lee County as of June 30, 2002. Approve transfer of remaining contract
balance as of June 30, 2002 to United Way of Lee County for the purpose of
information and referral services.
Authorize Board Chairman to sign contract with United Way once
prepared. WHY ACTION IS NECESSARY: AgeLink of Lee County lost State funding for the
Information and Referral program for Lee County in March 2002. The Corporation is therefore being
dissolved and information and referral services for Lee County are being
assumed by the United Way of Lee County.
WHAT ACTION ACCOMPLISHES: Authorizes termination of existing contract and
approval to transfer contract balance to new contract with United Way to
continue this service in Lee County.
(#20020744-Human Services) |
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ACTION
REQUESTED: Consider contract adjustments for medical mal
practice and workers compensation for Shady Rest Care Pavilion, Inc. WHY ACTION
IS NECESSARY: To adjust current required liability insurance. WHAT ACTION
ACCOMPLISHES: Amends Operations and Lease Agreement with Shady
Rest Care Pavilion, Inc.
(#20020782-Human Services) |
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ACTION
REQUESTED: Execute a Contract between Lee County Board of
County Commissioners (BoCC) and The Health Planning Council of Southwest
Florida, Inc. for the Housing Opportunities for Persons with AIDS Program
(HOPWA). Approve a Budget Resolution
to the General Fund in the amount of $70,338.00 WHY ACTION
IS NECESSARY: To execute a contract required to receive HOPWA
funds. WHAT THE
ACTION ACCOMPLISHES: Provides $ 70,338.00 for case management to
eligible HIV+ Lee County residents.
(#20020783-Human Services) |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Schedule Public Hearing for August 13, 2002, at
5:00 p.m. to adopt and certify the Special Assessment Rolls for 18 Municipal
Service Benefit Units. WHY ACTION
IS NECESSARY: Florida Statute requires adoption and
certification by Resolution Annual Special Assessment Roll to the Tax
Collector for collection. WHAT ACTION
ACCOMPLISHES: Allows staff to advertise and prepare for Public
Hearing. (#20020687-MSTBU Services) |
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ACTION REQUESTED: Accept staff recommendation to reject all bids
submitted in response to Formal Quotation #Q-020358, Sale of Property located
at 4551 Tilton Court, Fort Myers, FL (STRAP # 02-45-24-P2-00066.002B) for the
Division of County Lands. WHY ACTION IS NECESSARY: On March 12, 2002 the Board took action declaring
this property surplus and authorizing the Division of County Lands, in
cooperation with the Division of Purchasing Services, to accept sealed
quotations to dispose of this surplus property. The Board’s action on that date indicated that staff must
return to the Board for acceptance or rejection of the quotations. WHAT ACTION ACCOMPLISHES: Fulfills the requirements of the March 12, 2002
action (#20020734-County Lands) |
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ACTION REQUESTED: Approve the Lease Agreement for the landward
(landing site) portion of the Outer Islands Solid Waste Transfer Project,
pursuant to the terms and conditions as set forth in the Lease Agreement;
authorize payment of necessary costs to close; authorize Chairman on behalf
of the Board of County Commissioners to execute the Lease Agreement; authorize
the Division of County Lands and/or County Attorney’s Office to handle and
accept all documentation necessary to complete this transaction. WHY ACTION IS NECESSARY: The Board must approve all real estate leases for
Lee County. WHAT ACTION ACCOMPLISHES: The Lease Agreement will provide for a landward
receiving site for solid waste generated on the Outer Islands of Lee
County. (#20020742-County Lands) |
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ACTION REQUESTED: Approve reconveyance of a property originally
donated for a perpetual utility easement located in Section 22, Township 45
South, Range 25 East; authorize Chairman on behalf of the Board of County
Commissioners to execute County Deed; authorize County Lands Division to
handle and complete all documentation necessary to finalize this transaction. WHY ACTION IS NECESSARY: The current property owners have requested the
return of this easement in accordance with F.S. 255.22. Board execution of the county deed is
necessary to transfer a county interest in the property. WHAT ACTION ACCOMPLISHES: Extinguishes the county’s easement in
property. (#20020752-County Lands) |
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ACTION
REQUESTED: Approve award of the following Projects: # EX020599, the purchase of 97 Dell
personal computers from Dell Marketing L.P. at the Florida State Contract price
of $115,548.00; and # IT020600, the purchase of 96 APC Back-Ups Pro 650 units
from Insight at the competitively quoted open market price of $21,371.04 for
the Lee County Library Division.
Grand total amount:
$136,919.04. Also approve the
expenditure of a not-to-exceed amount of $5,000.00 for miscellaneous and
incidental items that may be needed; including, but not limited to, cables,
cards, overnight delivery, etc. 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: These computers will replace all staff and public
WinTerms throughout the library system; allowing the Lee County Library
Division to upgrade existing technology and phase into the implementation of
the Horizon Sunrise System.
(#20020766-Library) |
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ACTION REQUESTED: Adopt revisions to the following Lee County
Policies: Definitions (#002), Use of
Communication Systems (#208), Hiring (#301), Transfer (#305) & Promotion
(#306) . Adoption of the resolution
to amend Administrative Code 6-1. WHY ACTION IS NECESSARY: Brings current policies up to date and unifies
provisions. WHAT ACTION ACCOMPLISHES: Updates policies that did not meet the needs of
the organization and brings unified policies into effect. (#20020769-Human Resources) |
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ACTION
REQUESTED: Adopt by resolution, amendments to Lee County
Administrative Code AC-4-1, “Lee County Purchasing & Payment Procedures Manual”. WHY ACTION
IS NECESSARY: On December 23, 1997, and pursuant to Section 2.2E
of Lee County Ordinance 96-01 (the Lee County Charter), the Board adopted the
Lee County Administrative Code by County Ordinance (97-23). The Ordinance (97-23) requires that all
subsequent amendments to the Lee County Administrative Code be made by a
Resolution of the Board of County Commissioners adopted at a regular meeting. WHAT ACTION
ACCOMPLISHES: Makes several refinements to the existing manual
and adds a new section. This will
give the departments/divisions a more workable manual by further streamlining
many of the processes.
(#20020778-Purchasing) |
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ACTION
REQUESTED: Adopt the FY02 annual update to the Five Year Lee
County Transit Development Plan. WHY ACTION IS
NECESSARY: F. S. 341.052 requires the Transit Development Plan be
updated annually in order to receive the Florida Public Transit Block Grant
Program. WHAT ACTION
ACCOMPLISHES: Provides an update of the progress toward goals
and initiatives for the second year of the major plan update adopted by the
BOCC on May 29, 2001.
(#20020740-Transit) |
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ACTION REQUESTED: Accept by donation, Parcel 6 for right-of-way
necessary for the Charlee Road Special Improvements MSBU for paving and
maintenance of the existing road; authorize the Division of County Lands to
handle and accept all documentation necessary; authorize payment of recording
fees. WHY ACTION IS NECESSARY: Charlee Road is currently a privately owned road
and the County cannot initiate paving and maintenance without a fee interest. WHAT ACTION ACCOMPLISHES: Acquisition of right-of-way via Quit-Claim Deed by
donation from benefited property owner.
(#20020768-County Lands) |
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ACTION
REQUESTED: Schedule a Public Hearing for August 13, 2002, at
5:00 P.M. to consider Ordinance amending the legal description of the
Riverdale Shores Improvement District. WHY ACTION
IS NECESSARY: It is a legal requirement for the Board to
consider the amendment of an existing MSTU. WHAT ACTION
ACCOMPLISHES: Allows staff to prepare and advertise the Public
Hearing. (#20020735-MSTBU Services) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Approve award of Formal Quotation # Q-020433, for
the annual Purchase of Medical Supplies Product Group A, for the Division of
Public Safety (Emergency Medical
Services), for an estimated annual expenditure of $123,540.53 to the overall low quoter meeting all specification
requirements Emergency Medical Products, Inc. The initial term of this
agreement is for one year. 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.
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 the $50,000.00 must be approved by the Board. WHAT ACTION
ACCOMPLISHES: Establishes competitive pricing for the Purchase
of Medical Supplies-Product Group A, on and annual basis. (#20020730-Emergency Medical Service) |
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ACTION
REQUESTED: Adopt the annual resolution approving collection
of the E-911 recurring operating cost of 42 cents from the local exchange
telephone subscribers for FY02-03. WHY ACTION
IS NECESSARY: Adopt the annual resolution approving collection
of the E-911 recurring operating cost of 42 cents from the local exchange
telephone subscribers for FY02-03. WHAT ACTION
ACCOMPLISHES: Allows the telephone company to collect the user
fee necessary for the recurring expenses of tariff rates, database, operator
training, equipment and maintenance needed to support the Lee County enhanced
emergency telephone number network which provides for police, fire/rescue and
emergency medical service response.
(#20020746-E-911) |
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ACTION
REQUESTED: Approve award of Formal Quotation # Q-020384, Two
(2) Trailer-Mounted Generators, for the Division of Public Safety, to the low
quoter meeting all specification requirements, Standby Systems, Inc., for a
grand total amount of $52,082.00.
Also approve the expenditure of a not-to-exceed amount of $5,000.00 to
reposition the portable generator electrical connection at the Caloosa Middle
School. 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: Allows the Division of Public Safety to obtain two
(2) 50 kW portable emergency generators that will be used to provide
emergency power at two (2) public shelters; and for other emergency response
purposes. (#20020750-Emergency
Management) |
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ACTION
REQUESTED: Accept EMS Matching Grant Award of $30,000.00 from
the Bureau of Emergency Medical Services for the purchase of an
air-conditioned bio medical transport trailer. Also approve a budget amendment resolution in the amount of
$30,000.00 for Fiscal Year 2002 WHY ACTION
IS NECESSARY: To give budgetary authority to receive the grants. WHAT ACTION
ACCOMPLISHES: Completes application and agreement process which
entitles Lee County to State EMS Matching Grant funds. The original grant application was signed
by Board Chairman on November 20, 2001.
(#20020765-Emergency Medical Service) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION REQUESTED: Approve increase to Bid Waiver (BW-01-05) for LEE
COUNTY BEACH NOURISHMENT PROJECT, and approve Change Order #5 under contract
#713 with Marlowe & Company in the amount of $15,000.00 for a total lump
sum contract amount of $107,000.00. WHY ACTION IS NECESSARY: In accordance with the Lee county Contract Manual,
approved by the Board of September 25, 2001, Bid Waivers and expenditures
over $50,000.00 require Board approval. WHAT ACTION ACCOMPLISHES: Marlowe & Company will continue to provide
Federal Lobbying for Lee County’s beach renourishment projects. (#20020726-Natural Resources) |
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ACTION
REQUESTED: Approve the award of Project # EX020588, the
purchase of two (2) John Deere 410G backhoe/loaders for the Lee County Solid
Waste Division, from Nortrax Equipment Co., at the prices given in Federal
General Services Administration (GSA) contract # GS-30F-1021D. Contract cost per unit is $59,563.53 –
plus non-contract items in the amount of $19,781.00 – for a total cost of
$79,344.53 each. Grand total cost for
two (2) units: $158,689.06. 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: These backhoe/loaders will be used for the loading
and handling of waste products at the Hendry County Landfill and Transfer
Station. (#20020733-Solid Waste) |
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ACTION REQUESTED: Approve and authorize Chairman to sign Amendment
#1to the Discarded Electronic Equipment Collection and Recycling Grant
(HW467) for FY02-03. WHY ACTION IS NECESSARY: The State requires certification that the person
signing the grant application possesses the authority to sign the amendment
on behalf of the County. Amendment #1 will extend the Grant period or term by
approximately 6 months. WHAT ACTION ACCOMPLISHES: Satisfies State guidelines for signature authority
for amendments to State Grants.
(#20020781-Solid Waste) |
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ACTION
REQUESTED: Concur with the ranking of Consultants by the
Competitive Negotiations Committee for CN-02-19 NORTHWEST LEE COUNTY SURFACE
WATER MANAGEMENT PLAN, in the following order of ranking and authorize
contract negotiations to commence with the number one ranked firm: (1) Boyle Engineering Corporation; (2)
East Bay Group LLC; and (3) Berryman & Henigar Inc. WHY ACTION
IS NECESSARY: Pursuant to Administrative Code AC-4-4 Lee County
Contracts Manual, approved by the Board on September 25, 2001, the Board is
required to approve all Consultant rankings. WHAT ACTION
ACCOMPLISHES: The Consultant will provide an overall assessment
of the northwest region of the County with regard to surface water management
and develop a surface water management plan.
(#20020728-Natural Resources) |
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ACTION
REQUESTED: Board approve and execute Agreement No. C-13112
with the South Florida Water Management District for the project known as Ten
Mile Canal Filter Marsh (202965) in the amount of $400,000.00. Participation by the South Florida Water
Management was incorporated in the FY97/98-01/02 Capital Improvement Program. WHY ACTION
IS NECESSARY: All contracts and agreements in excess of
$50,000.00 require approval by the Board of County Commissioners. WHAT ACTION
ACCOMPLISHES: Provides funding mechanism for South Florida Water
Management District to contribute to the Ten Mile Canal Filter Marsh
project. (#20020773-Natural
Resources) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Request Board approve revision to the Memorandum
of Understanding between Lee County and The Lee County Port Authority related
to the Treeline Avenue Extension Project to decrease the Lee County
Department of Transportation’s share from $1,050,000 to $900,000. WHY ACTION
IS NECESSARY: Requires BOCC approval for revision to Memorandum
of Understanding. WHAT ACTION
ACCOMPLISHES: Allows Port Authority to proceed with
project. (#20020648-Transportation) |
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ACTION
REQUESTED: Approve the award of Project # EX020536, the purchase of seven (7) New Holland mowing tractors – six (6) for DOT and one (1) for Parks & Recreation – from Landig Tractor Co., Inc. via Florida State Contract # 765-900-02-1. | ||||