REGULAR MEETING BOARD OF COUNTY COMMISSIONERS OCTOBER 28, 2003

Transcription

1 Book 61, Page 823 REGULAR MEETING BOARD OF COUNTY COMMISSIONERS OCTOBER 28, 2003 A regular meeting of the Board of County Commissioners was held at the Murdock Administration Complex in Port Charlotte, Florida. The following members were present: Chairman Matthew D. DeBoer and Commissioners Thomas C. D Aprile, Adam Cummings, Sara Devos, and Mac V. Horton. Also in attendance were County Administrator Bruce D. Loucks, County Attorney Reneé Francis Lee, Chief Deputy Board Services Tommy Q. White, Executive Assistant to the Board of County Commissioners Mary Jane Ackerman, and Deputy Clerk Diane J. Nice. The meeting was called to order at 9:00 A.M. The invocation was given by Pastor Kenneth Redmond, Lutheran Church of the Cross, Port Charlotte, Florida, followed by the Pledge of Allegiance to the Flag. CHANGES TO THE AGENDA Chairman DeBoer announced no changes were submitted by Administration. Chairman DeBoer requested addition of Agenda Item L-1, Legislative Issues Decision on the Southwest Florida Transportation Authority and the City of Cleveland. COMMISSIONER CUMMINGS MOVED FOR APPROVAL TO ADD AGENDA ITEM L-1, SECONDED BY COMMISSIONER DEVOS AND DECLARED UNANIMOUS. Chairman DeBoer also requested addition of Agenda Item L-2, Reconsideration of the Levy of Fees for the Health Department since he does not support increasing fees to supplement amounts that should be paid for by the State. COMMISSIONER D APRILE MOVED FOR APPROVAL TO ADD AGENDA ITEM L-2. Chairman DeBoer announced the motion died for lack of a second. Proclamations: I. SPECIAL RECOGNITION THE BOARD AGREED TO ISSUANCE OF A PROCLAMATION STIPULATING NOVEMBER 8, 9, AND 10, 2003 AS BUDDY POPPY DAYS ON MOTION BY COMMISSIONER HORTON, SECONDED BY COMMISSIONER CUMMINGS AND

2 Book 61, Page 824 DECLARED UNANIMOUS. the proclamation. No one was present at this time to accept THE BOARD AGREED TO ISSUANCE OF A PROCLAMATION STIPULATING THE MONTH OF OCTOBER 2003 AS DISABILITY AWARENESS MONTH ON MOTION BY COMMISSIONER DEVOS, SECONDED BY COMMISSIONER CUMMINGS AND DECLARED UNANIMOUS. Scott Graham accepted the proclamation. THE BOARD AGREED TO ISSUANCE OF A PROCLAMATION STIPULATING OCTOBER 28, 2003 AS KEEP AMERICA BEAUTIFUL, INC. AND KEEP CHARLOTTE BEAUTIFUL, INC. DAY ON MOTION BY COMMISSIONER CUMMINGS, SECONDED BY COMMISSIONER DEVOS AND DECLARED UNANIMOUS. Glenda Anderson, Keep Charlotte Beautiful, Inc. Executive Director, accompanied by other members, accepted the proclamation; expressed appreciation for the Board s continued support; reported 2,469 volunteers donated 6,340 hours during the Great America Clean Up; from July 2002 through June 2003 more than 4,200 people volunteered to help Keep Charlotte Beautiful including creation of a liberty garden in the history park in Punta Gorda and the residents of Northwest Port Charlotte Community League have installed entrance signs and will be commencing work on planning a liberty garden; more than 200 trees were planted in Charlotte County during April 2003 as part of the Arbor Day celebration; students, teachers, and volunteers spent many hours creating art and compiling the first Keep Charlotte Beautiful student art calendar that was distributed to Board Members; more than 625 students entered the contest; volunteers conducted the annual litter index required by Keep America Beautiful; advised $3.09 was donated back to the community for each government dollar for volunteer benefits; Keep Charlotte Beautiful will be honored as a President s Circle Award Winner at the Keep America Beautiful 50 th National Conference in Washington, D.C. in December; and invited everyone to partake of cake in the lobby. Chairman DeBoer stated the calendar costs $2.00 each, pointed out names and photographs of the artists are included, and encouraged everyone to buy a calendar. THE BOARD AGREED TO ISSUANCE OF A PROCLAMATION STIPULATING THE MONTH OF NOVEMBER 2003 AS NATIONAL EPILEPSY AWARENESS MONTH ON MOTION BY COMMISSIONER CUMMINGS, SECONDED BY COMMISSIONER HORTON AND DECLARED UNANIMOUS. No one was present to accept the proclamation.

3 Book 61, Page 825 Commissioner D Aprile reread the Buddy Poppy Day proclamation. Larry Hall and Charles Szlachcic, of Veterans of Foreign Wars Post No. 5690, accepted the proclamation and sold Buddy Poppies. Presentations: Commissioner D Aprile presented a Certificate of Appreciation to the Mobile Enviro-Academy program teachers: Steve Cherry and Connie Harbeson and youth volunteers: Shane Bathrick, Jimmy Benassi, Duane Campbell, Sarah English, Eddie Febus, Will Freeman, Sarah Hagerty, Beth Holland, Christopher Holland, Lacey Kreager, Chuck Krick, Jay Krieg, Robert Stile, Kyle Wright, and Cameron Zimmerman. Connie Harbeson reported the youth participate in a Service Learning credit class and commented on some of the efforts expended in the liberty garden and beach and park improvements around the County. James Reel, Dale Chapman Memorial Fund Executive Director, reported he worked with the class last year and this year; so far this year the class has put in over 350 hours, picked up over 1,300 pounds of trash along County roadsides, and worked on various clean up projects; and acknowledged all of the hard work of volunteers and sponsors Domino s Pizza and McDonald s Corporation. Chairman DeBoer presented Commissioner D Aprile with the Grandfather s Survival Kit compiled by the Executive Assistants to the Board of Charlotte County Commissioners. Commissioner D Aprile thanked staff and advised he has seven grandchildren and his son s wife is expecting twins. Chairman DeBoer presented a desk clock to Tuleta Copeland, Communications and Marketing Department Webmaster, in recognition of her service to the County since August 2000 because she is leaving tomorrow to pursue her dream as a FBI Special Agent and wished her the best of luck. Ms. Copeland stated it has been an honor to work for the County and her experience made her more competitive throughout the FBI application process. II. CITIZEN INPUT AGENDA ITEMS ONLY Bruce Pomeroy, of the Englewood Road Warriors, commented on the need for a traffic signal at the Winchester Boulevard and S.R.

4 Book 61, Page intersection under Agenda Item N-2, 3:00 P.M. Workshop on S.R. 776 Corridor Plan Update of Next Steps and extended a Happy Halloween from Rocky DeGiorgio and the other Road Warriors. Andrea Messina, Charlotte County School Board Chairman, appeared on behalf of the entire School Board and the Superintendent in support of Agenda Item F-1, Construction of the First Phase of the South County Regional Park and expressed appreciation for the collaboration to resolve safety, security, and traffic issues. Clarence Brosner, South Gulf Cove Waterway MSBU Advisory Committee Chairman, commented in support of Agenda Item J-2, Revision/Expansion of MSBUs Territories to include Equivalent Residential Units (ERUs) on properties located on roads designated as Road & Bridge roads, private roads, and within gated communities; stated the action should be applicable to all MSBUs; and suggested adding all lots in Section 94 in South Gulf Cove including dry lots and all lands within the plat of Village of Holiday Lakes to the South Gulf Cove Waterway MSBU. Joe Vall, a Burnt Store Colony resident on the famous suicide road, thanked Commissioners Devos, Horton, and Cummings and Public Works Director Tom O Kane for their time and support to improve Burnt Store Road over the last two years; read a portion of an from Mr. O Kane i.e. We will bid this project as soon as design and permitting is complete even though the full funding is not available until FY 05. This will take place through short-term borrowing not bonding since we will need the money for only a few months; and requested the short term funding be used to expedite the project before September 2004 under Agenda Item F-11, Request for Proposal #03-447, Design Burnt Store Road Improvements. Mr. Vall expressed understanding that another survey will be done of Burnt Store Road, pointed out that the Metropolitan Planning Organization (MPO) performed a survey in 2001 and the only changes are higher prices, and stated the survey funding should be given to Mr. O Kane to hire more people to maintain roads since there is only one crew to fix roads in the County. Ray Warner, South Gulf Cove Homeowners Association President, expressed concerns regarding Agenda Item N-3, 3:00 P.M. Workshop Commercial/Industrial Siting since C.R. 771 is not projected

5 Book 61, Page 827 for expansion or any controls even though it is a main corridor to Boca Grande, Coral Creek, Boca Vista Harbor, Village of Holliday Lakes, South Gulf Cove, Rotonda, Placida, and possibly Hidden Harbor; commented on the growth in the area; and requested the Board and staff take a look at C.R. 771 and do something about it. III. COMMITTEE VACANCIES None. Chairman DeBoer reminded the County Attorney that the Board needs the resumes and information soon for selection of Charter Review Commission members. None. IV. REPORTS RECEIVED AND FILED V. CONSENT AGENDA COMMISSIONER HORTON MOVED FOR APPROVAL OF THE FOLLOWING ITEMS, SECONDED BY COMMISSIONER CUMMINGS AND DECLARED UNANIMOUS. Clerk Of The Circuit Court A. Finance Division Agenda Item A-1, Adoption of Clerk s Finance Memoranda Memorandum #1 Status of Contingency Reserves FY 02/03 Memorandum #1A Status of Contingency Reserves FY 03/04 Memorandum #2 Total Disbursements for the period October 7, 2003 through October 21, 2003 in the amount of $10,882, B. Minutes Division Agenda Item B-1, Approval of Minutes 5:01 P.M. September 28, 2003 Final Budget Public Hearing 9:00 A.M. September 29, 2003 Regular Meeting

6 Book 61, Page 828 Board of County Commissioners D. Budget Office Agenda Item D-1 (a) Budget Amendment #03-A39 for $435,021 from profits related to the Federal Inmate Program (b) Transfer $100,000 from the Sheriff s Contingency to Operating Expenses (c) Budget Transfer # to move the $100,000 on the Board s books E. Community Development Agenda Item E-1 Resolution # correcting the legal description for Ordinance # , Biscayne Trust Future Land Use Map (FLUM) amendment, to Medium Density Residential on acres due to a scrivener s error. F. General Services Agenda Item F-2 Renew Contract #00-216, Annual Financial Audit Board of County Commissioners, with Ernst & Young, Tampa, Florida, Inc. through completion of work for FY 03/04 under the same prices, terms, and conditions. Agenda Item F-3 Change Order #1 to Contract #02-184, Maintenance/Repair of 800 MHZ Communication Infrastructure, with Motorola, Inc. to modify the contract term to October 1 st through September 30 th annually. Agenda Item F-4 Change Order #1 to Contract #03-056, Mueller Parts & Accessories, with Hughes Supply, Inc., for an additional item, Mueller H U-Branch, at the unit price of $11.35, for the

7 Book 61, Page 829 collection/distribution system for Charlotte County Utilities (CCU). Agenda Item F-5 Change Order #2 to Contract No. #03-069, Distribution/Collection System Supplies, with Hughes Supply, Inc., for an additional item, CDR WC C Lid with CI Reader, to be purchased on an as required basis, at the unit price of $29.55 to be utilized by CCU. Agenda Item F-6 Change Order #1 to Contract #03-137, Vulnerability of Potable Water System, with EMA, Inc., Longwood, FL, in the amount of $10,000 for a revised contract amount of $115,000. Agenda Item F-7 Bid #03-484, North County Paving Program, with optional bid items, to AJAX, Inc., of Nokomis, FL, in the amount of $2,041, Agenda Item F-8 Bid #03-505, Construction and Landscape Installation Mid County Library, to L.A.M. Management, Inc., in the amount of $319,900. Agenda Item F-9 Bid #03-541, Murdock Circle Landscaping, to Florida Mowing and Landscape Services, Inc., of Punta Gorda, FL, for the total amount of $242, Agenda Item F-10 (a) Delete property inventory items listed (equipment not working and equipment working) for the month of October 2003; (b) declare (equipment for online auction) as surplus property to the County s needs for the month of October 2003; and (c) authorize the Purchasing Department to proceed to dispose of these items via an on-line auction service with Gov-Deals, Inc.

8 Book 61, Page 830 Agenda Item F-11 (a) Negotiate for Request for Proposal #03-447, Design Burnt Store Road Improvements, with the first ranked firm, Wilbur Smith Associates of Port Charlotte, FL and (b) authorize the Board of County Commissioners to sign a contract upon successful negotiations by the Committee, provided the total amount does not exceed $325,000. G. General Services Agenda Item G-2 Resolution # authorizing the Chairman to execute the County Deed releasing a portion of a twenty (20) foot wide canal maintenance easement located in Lot 27, Block 852, Port Charlotte Subdivision, Section Thirty-Four (34), in Charlotte County, FL to clear title to property located at 320 Yorkshire Street for certain improvements made prior to acquisition by Janice E. Richter and Mark Richter. Agenda Item G-3 Resolution # authorizing the Chairman to execute the County Deed releasing a portion of a twenty (20) foot wide canal maintenance easement located in Lot 5, Block 3547, Port Charlotte Subdivision, Section Sixty-Four (64), in Charlotte County, FL to allow that portion of the easement as part of proposed improvements to the existing structure locted at 7328 Van Lake Drive by Terry L. Rickoff. J. Public Works Agenda Item J-1 Resolution # accepting a Sovereign Submerged Lands Easement Modification to be incorporated into the easement and Resolution # to reflect a corrected vicinity map from the Board of Trustees of the Internal Trust Fund of the State of Florida for the canals and main access channel of Pirate Harbor, located in Charlotte Harbor, Sections 19 and 30, Township 42 South, Range 23 East.

9 Book 61, Page 831 Agenda Item J-2 Staff directed to prepare a resolution to revise and expand the territory of Municipal Service Benefit Units (MSBUs) Countywide to include properties located on roads designated as Road & Bridge roads, private roads, and roads within gated communities all within designated MSBU boundaries in order to better apportion the cost of maintenance to all properties receiving benefit. Board Of County Commissioners C. Commission Office ITEMS FOR DISCUSSION Agenda Item C-1, Board of County Commissioners Advice and Consent of the Appointments of two Directors of Community Development and Facilities Construction & Maintenance (Capital Projects) Chairman DeBoer expressed concern about the lack of building construction experience in the application and resume of Michael J. Sheridan for Facilities Construction & Maintenance Director since Capital Projects Director John L. Dickinson will be leaving and Capital Projects Coordinator Joseph Calafiore will probably be leaving in January Bruce D. Loucks, County Administrator, advised Mr. Sheridan has project management experience in buildings, facilities, and park construction as well as water and sewer projects. Magali Kain, Human Resources Director, reported the resume of Mr. Sheridan reflects that he meets the minimum and more requirements of the job description for Capital Projects Management and Construction; a panel of technical experts interviewed him and other applicants; and the information has been confirmed. Commissioner Horton requested Mr. Sheridan s construction experience. John L. Dickinson, Capital Projects Director, stated the job has become more facilities related functions instead of construction functions since there are no big construction projects like the Justice Center; reported 90 applications were received that were short listed to 15 for telephone interviews, and then to three, and the panel selected and recommended one for interview by the

10 Book 61, Page 832 Administrators; Mr. Sheridan worked his way up in the field and obtained a Civil Engineering degree and became a Professional Engineer after he was about 35 years old; Mr. Sheridan has the basic knowledge and details of construction; and he supports the selection of Mr. Sheridan because of his youthful energy, enthusiasm, new ideas, and registration as a Professional Engineer. Chairman DeBoer pointed out upcoming construction projects include renovations of the regional and existing libraries, a jail expansion, and construction of a building if the County acquires the adjacent property. Mr. Dickinson pointed out these projects are not as large as the Justice Center and a lot more confidence has been placed in consultants in the last seven years. Chairman DeBoer stated he does not like to pull personnel matters for discussion and he would not have pulled this item if the information he requested at Pre- Agenda had been provided. COMMISSIONER HORTON MOVED FOR APPROVAL OF THE APPOINTMENT OF MICHAEL KONEFAL, AS COMMUNITY DEVELOPMENT DIRECTOR, AT A SALARY OF $70,000 ANNUALLY, WITH THE COUNTY TO REIMBURSE MOVING EXPENSES UP TO $3,000, AND MICHAEL J. SHERIDAN, AS FACILITIES CONSTRUCTION & MAINTENANCE DIRECTOR, FORMERLY CAPITAL PROJECTS DIRECTOR, AT $89,421 ANNUALLY, WITH THE COUNTY TO REIMBURSE MOVING EXPENSES UP TO $3,000, STARTING DATES TO BE CONFIRMED IMMEDIATELY FOLLOWING APPROVAL, SECONDED BY COMMISSIONER CUMMINGS AND DECLARED UNANIMOUS. D. Budget Office Agenda Item D-2, Resolution authorizing the transfer of $55,500 to the State of Florida to fund the Assistant Public Defender for the Twentieth Judicial Circuit Chairman DeBoer stated these same questions were asked at Pre- Agenda yesterday: how will the County s cost be minimized by paying $55,500 for a State Public Defender as set out in the proposed resolution and questioned the impact next year based upon Article V funding cuts. Ann Navan, County Budget Officer, stated the cost minimizing reference is made relative to hiring an additional Public Defender and paying full time salary and benefits and expressed uncertainty about the Article V impact. Reneé Francis Lee, County Attorney, stated continued research is being done on Article V revision impacts on county budgets and the State is shifting a lot of expenses to counties; the revision does amend Section 27 of Florida Statutes that

11 Book 61, Page 833 prohibits Public Defenders from representing defendants accused of violation of county ordinances unless they are part of a State prosecution. Chairman DeBoer stated that will change and he has spoken with Steve Russell and Mr. Jacobs who indicated that part of the Statute will be changed in the next Session. Attorney Lee stated she really does not know the impact. Commissioner Devos questioned if meetings have commenced between County and Clerk s Office staffs regarding Article V funding impacts. Ms. Navan stated internal meetings are to start in November Commissioner Devos requested updates throughout the information gathering process and copies of minutes of the meetings. Chairman DeBoer reported he has been in contact with Mr. Jacobs, Public Defenders Office, and Mr. Russell, State s Attorneys Office, Barbara Scott s Office, and Court Administration and no one knows how the Legislature will define the core of Court Services and advised he has received s from individuals from various programs, including Probation, about funding and if they will have jobs next year and he cannot answer them. Commissioner Devos stated there is a lot of ambiguity and confusion and the Legislature does not how large a can of worms this will open. Tommy Q. White, Chief Deputy Board Services, stated no one knows; he and Director of Finance William Knoble have spent hundreds of hours accumulating information and shipping it to the State on an almost weekly basis from all Court related offices; some type of reporting will have to be compiled at the State level before the Session begins and that reporting will be based on data received that does not correspond between counties; and internal meetings will start in November. Chairman DeBoer stated he does not see any endorsement to continue funding the additional position in the future. COMMISSIONER CUMMINGS MOVED FOR APPROVAL TO ADOPT RESOLUTION # AUTHORIZING THE TRANSFER OF $55,500 TO THE STATE TO FUND AN ADDITIONAL ASSISTANT PUBLIC DEFENDER FOR THE TWENTIETH JUDICIAL CIRCUIT, SECONDED BY COMMISSIONER DEVOS AND DECLARED UNANIMOUS. F. General Services Agenda Item F-1, Amendment #1 to Contract #03-295, South County Regional Park Construction Management, with Mathews Taylor Construction, LLC, for the Guaranteed Maximum Price (GMP) of $579,867 for the Site Clearing Phase

12 Book 61, Page 834 Commissioner Horton requested assurance that all issues have been resolved regarding the entrance and the safety issues will not delay the project schedule. Mr. Dickinson reported Parks, Recreation, and Cultural Services Director Laura Kleiss Hoeft and Project Management Division Manager David Milligan have related that all issues have been resolved to everyone s satisfaction and the fields should be ready to play on next fall. Commissioner Devos advised she met with Mr. Milligan, Assistant County Administrator Roger Baltz, Mr. Loucks, Mr. O Kane, Transportation Engineer Wes Millard, School Board Member Sue Sifrit, and Superintendent of Schools Dave Gaylor and addressed all legitimate concerns of the County and the School Board as well as cooperative efforts on future projects; the primary concerns were safety for students and programs and traffic issues since there are approximately 5,000 students and employees in the two block area on a school day; a security gate will be installed at the entrance to the park at Carmelita Avenue and synchronized to the blinking light; and School Board Members left the meeting with a very high level of respect for the attention given to the project and concerns as well as renewed commitment for greater cooperation and communication on future joint projects. Commissioner Cummings stated he wants to make sure the park entrance is attractive since the existing opaque barriers are not. COMMISSIONER DEVOS MOVED FOR APPROVAL OF AMENDMENT #1 TO CONTRACT #03-295, SOUTH COUNTY REGIONAL PARK CONSTRUCTION MANAGEMENT, WITH MATHEWS TAYLOR CONSTRUCTION, LLC, FOR THE GMP OF $579,867 FOR THE SITE CLEARING PHASE, SECONDED BY COMMISSIONER CUMMINGS AND DECLARED UNANIMOUS. G. General Services Agenda Item G-1, (a) Resolution approving and ratifying a Purchase Sale Agreement for the purchase of a acre parcel of land located near the corner of Murdock Circle and Education for future expansion of County facilities and authorizing the Chairman of the Board of County Commissioners to execute the Purchase and Sale Agreement and other documents relative to the purchase Commissioner Devos indicated support for the property acquisition for future expansion although she has concerns based upon a newspaper article relative to construction of a threestory building similar to what has been proposed in Murdock

13 Book 61, Page 835 Village; requested clarification regarding identification of future space needs and growth; recalled Mr. Dickinson provided a facilities space needs report i.e. Community Development, Public Works, and the Library; suggested a workshop be held to discuss the report on current needs and projected future needs prior to determining how to accomplish an expansion; and requested the funding source of construction for future expansion if the $1.650 million budgeted in the total project cost for the Facilities Upgrade Plan will be used to purchase the property. Mr. Loucks stated the intent was to move Permitting, Planning, and Zoning Divisions of Community Development to the current Library building after the Library was moved to the new facility on Forrest Nelson Boulevard; it was determined that the Murdock Library would not be sufficient; prior discussions involved the Service Merchandise building that was a lease only option; the property adjacent to the Administration Complex was found to be a viable option; no decision has been made on structural design but the building should be constructed for future expansion; the Tax Collector has requested her offices be moved to the Murdock Library which is adequate to meet her space needs and the move would free up space in the Administration Complex; Risk Management will be moved to a third trailer and this will free up space in B building; and pointed out acquisition of the adjacent property is primary to fulfilling conceptual plans. Commissioner Devos expressed dissatisfaction with delaying the provision of space necessary for Community Development staff to perform their jobs. Mr. Loucks reported the Building Oversight Committee has requested that the Service Merchandise building, on a month-by-month lease, be reviewed as a short-term solution. Commissioner Devos reiterated the request to workshop this item and acquire the adjacent property; recalled an employee survey reflected interest in an after school child care program for employees; the County would provide the space while the program would be operated by the YMCA or Boys or Girls Club and it never came to fruition due to the lack of space; and requested the child care aspect as well as five-year space projections be included in the workshop. COMMISSIONER DEVOS MOVED FOR APPROVAL TO ADOPT A RESOLUTION APPROVING AND RATIFYING A PURCHASE AND SALE AGREEMENT FOR THE PURCHASE OF AN /- ACRE PARCEL LOCATED NEAR THE CORNER OF MURDOCK CIRCLE AND EDUCATION WAY FOR FUTURE EXPANSION OF COUNTY FACILITIES AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE AGREEMENT AND OTHER DOCUMENTS RELATING TO THE PURCHASE, SECONDED BY COMMISSIONER CUMMINGS.

14 Book 61, Page 836 Commissioner Cummings suggested the Board of County Commissioners Office be moved to the Courthouse after renovations have been completed in order to free up space in the Administration Complex. Commissioner Cummings stated acquisition of the property would be an opportunity to convert development of Murdock as a governmental campus, in lieu of a commercial subdivision, comprised of this facility, schools, the School Board, and pedestrian facilities that will be near the Town Center Mall and Murdock Village; and the price is better than what could be found for other property. Commissioner D Aprile expressed continued opposition based on the $1.6 million price for property that is not roadway site predominant and requested the amount of vacant land surrounding the Administration Complex and if it would be sufficient for construction of another building and parking. Mr. Dickinson expressed uncertainty regarding the amount of acreage and pointed out the acreage lacks additional retention area, explained most of the retention pond at the back of the site is for the Town Center mall, and the adjacent property would provide additional areas for retention and parking. Commissioner D Aprile expressed the belief that the existing Administration Complex land provides sufficient space for construction of an additional building. Mr. Dickinson recalled 1980 s concept plans called for a twin tower, the second of which would be constructed where B building is located. Commissioner D Aprile opined the price for the property is over inflated and requested who performed the appraisal and the basis of the appraisal. Paul Payette, Real Property Services Manager, explained the property was appraised in 2001 by the buyer and seller, the value range was $1.7 to $1.8 million, and the County s appraiser has indicated a significant increase in value has occurred. Commissioner Horton agreed with Commissioner Devos on the need to address space needs for Community Development on an expeditious basis; this purchase was approved as part of the Capital Improvements Program (CIP); the $1.65 million is included in the total project cost for the Facilities Upgrade Plan; and requested the total project cost. Mr. Dickinson related $1.65 million is in the FY 04 budget for acquisition of the adjacent property, $300,000 for structural design, $200,000 for creation of a 15,000 square feet addition to the Englewood Annex, and $1.1 million for renovation of the existing Murdock Library. Commissioner Horton reiterated the request for the total project cost. Mr. Dickinson advised the

15 Book 61, Page 837 Facilities Upgrade Plan is in the five-year CIP with commencement of construction of a facility on this site in the following year as well as the 15,000 square feet building addition and renovation of the existing Englewood facility and estimated the total project cost at approximately $9 million. Commissioner Horton commented on his concern about long-range indebtedness and the funding source. Ms. Navan explained initial funding would be through short-term commercial paper borrowing with repayment through ad valorem and administrative impact fees paid over the next five years. Mr. Loucks advised short-term borrowing would expedite the project and allow for repayment over five years. Commissioner Horton calculated approximately $75 million will be necessary to fund the current CIP including Murdock Village, U.S. 41 Beautification, approval of the S.R. 776 Corridor Plan will necessitate additional funding and community planning, and opposed the acquisition based upon the impact of long-term funding on the County budget and taxpayers. Chairman DeBoer requested additional details regarding the appraisal. Mr. Payette advised the approximate land cost is $3.20 and the value range is $5.00 to $8.50 per square foot and the appraisers being utilized for Murdock Village and comparable land sales with similar attributes have determined the value. Commissioner DeBoer concurred the appraisal is based on the actual zoning on the property and entitlements that go with the property and pointed out the attributes will be transferred to the land next door. Mr. Dickinson stated the retail usage not being used will be transferred to the three lots and the ability to construct a building up to 110,000 square feet for commercial space will be retained. Chairman DeBoer explained allocation of density will be 60,000 square feet of commercial and 110,000 square feet of office density over the parent tract and the County would be paying the $1.625 million plus the $426,346 paid for impact credits. Mr. Dickinson indicated the impact fee credits have been paid for and the County has agreed to transfer of the credits. Chairman DeBoer pointed out the impact fee credits are prepaid. Mr. Dickinson agreed. Chairman DeBoer requested the land value exclusion of entitlements. Mr. Dickinson stated he does not have an answer. Chairman DeBoer recalled discussions have been held on constructing more than an additional building on this property and incorporating the adjacent canal into the retention system for higher usage; pointed out the original intent was to construct the Justice Center on this property;

16 Book 61, Page 838 stated he does not recall a conceptual master plan or what will be done with the freed-up space in B building and the Tax Collector s Office areas. Commissioner DeBoer advised he requested a Space Policy be developed at the same time as the Justice Center in order to allocate a certain square footage of space to each job classification and functions as a basis for developing a long-range plan in order to eliminate space grab feeding frenzies and he does not want to incur almost $2 million in debt without knowing what the plan is. Mr. Dickinson stated the Master Space Plan was developed in 1999 and never adopted; the Plan reflected a shortage of 110,000 square feet of space for then existing staff; the 2003 Plan indicates over 100,000 square feet is needed by existing staff; and the plan provides for removal of staff in the Annex building, demolition of the building since it is not worth maintaining, and replacement of the Carmelita Avenue and Florida Avenue Public Works facilities. Chairman DeBoer requested the amount of space to be destroyed. Mr. Dickinson estimated approximately 17,000 square feet at the Florida Avenue facility and 16,000 square feet of the building next door. Chairman DeBoer calculated 43,000 square feet of building space would be destroyed, recalled a lot of controversy surrounded the plan when it was presented, and it was not adopted by the Board. Commissioner Devos commented on the importance of acquiring the property for future expansion of County facilities in the next 20 to 25 years, stated this would compliment Murdock Village, and the County cannot afford not to purchase the property. Chairman DeBoer stated questions need to be answered regarding the value and use of the property, it appears the motion will not pass, and a workshop needs to be scheduled to answer outstanding questions. Commissioner Cummings pointed out the $1.625 million price was based on twoyear old appraisals, property values have been increasing by approximately 13% per annum, and if the agenda item is delayed too long, the price may go up. Commissioner Cummings expressed support for the motion based upon additional future space needs. Commissioner Horton expressed support for setting a workshop, questioned the inclusion of costs relative to demolishing the building next door and Public Works facility at Carmelita in the $9 million CIP project. Mr. Dickinson stated those costs have been included the 5-year CIP. Commissioner D Aprile reiterated opposition to the purchase since the property is not worth $1.6 million based upon the lack of visibility, stated he would consider the acquisition more seriously if the price is reduced,

17 Book 61, Page 839 he would buy the property if the price were right, and a plan is definitely needed. CALL ON THE MOTION: CHAIRMAN DeBOER AND COMMISSIONERS HORTON AND D APRILE VOTED NO AND COMMISSIONERS DEVOS AND CUMMINGS VOTED YES. MOTION FAILED: (3:2). RECESS: 10:48 A.M.- 11:00 A.M. 10:00 A.M. VII. PUBLIC HEARING AGENDA Agenda Item M-1, Palm Island Resort on Knight Island Consider a Resolution officially naming streets within the Palm Island Resort on Knight Island (Proof of publication was in order) Mark Gering, Development Review Manager, advised Palm Island Resort in cooperation with Fire and EMS, has petitioned to officially name streets within the Resort; currently unit numbers only are used to identify residences; in addition to naming the streets, each unit will be addressed by staff according to the County Addressing and Grid System; staff has worked with the Resort in assigning the names; and there is no conflict with existing streets within the County; the names to be assigned are: Palm Island Drive, Palm Island Drive South, Rum Cove driver, Rum Bay Court, and Rum Bay Drive; and staff recommends approval of the proposed resolution. COMMISSIONER HORTON MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY COMMISSIONER CUMMINGS AND DECLARED UNANIMOUS. COMMISSIONER D APRILE MOVED FOR APPROVAL TO ADOPT RESOLUTION # Commissioner Horton stated he has not heard anything negative from Palm Island residents about the naming of the streets. CALL ON THE MOTION: DECLARED UNANIMOUS. H. Human Resources ITEMS FOR DISCUSSION (Continued) Agenda Item H-1, Mutual Agreement proposed by International College providing County employees with a discounted tuition rate to enable current employees to complete higher levels of education while working in County service in a non-cost

18 Book 61, Page 840 prohibitive manner in alignment with the Tuition Reimbursement Programs and its objectives Chairman DeBoer requested, as was done at Pre-Agenda, a comparison of the discount from International College with fees being paid for credit hours at Impact and State Universities. Ms. Kain stated the County does not have an agreement with Impact that is anyway close to State rates, she has a list of State rates, International College is attempting to get as close to State rates as possible, County employees would pay a lot less with the Florida Residents Access grant than generally in non-profit colleges i.e. International College. Chairman DeBoer requested a more detailed explanation. Ms. Kain advised Judy Farmer from International College is present; indicated State colleges receive State assistance for students and students receive State grant funds to pay for tuition; International College has requested the County provide access to all employees for Bachelors or Masters Degrees at Edison Community College as well as the existing Ft. Myers campus and on-line learning; it gives employees more options to choose between colleges of similar rates and it helps the County in reimbursement for tuition. Ms. Kain advised International College would provide a 30% discount to students or County employees on regular rates based upon every four credit hours. Chairman DeBoer requested the County s current payment. Ms. Kain stated 50% of tuition reimbursement, recent State reimbursement forms indicated between $60 to over $200 i.e. two employees are currently attending Fire Administration courses for certification at International College, four credit hours cost approximately $1,360, the County would pay a little over 50%, with the 30% discount the employees would pay a little over $800, and the cost would be significantly less if State grant funding is paid to the employee. Chairman DeBoer stated he is trying to compare the amount paid by the County to subsidize a per credit hour cost to the amount subsidized for tuition at Impact and International College. Ms. Kain recalled a failed agreement with Impact two to three years back i.e. employees in the Masters Degree program would receive a 50% reduction of the charges from Impact, the County would pay 50% of that amount, and that was grand fathered in and now the County would pay 50% of the State rate per credit hour. Commissioner Horton concluded the County pays 50% and requested the amounts discounted by 30% for International College and Impact. Ms.

19 Book 61, Page 841 Kain advised she does not have the rates for International College for all courses but the latest Undergraduate rate for State Colleges is $94.57 multiplied by four to get the amount for International College that the County would pay 50% of with their discount i.e. there are County employees that are taking four credit hours in Fire Administration for $1,360. COMMISSIONER HORTON MOVED FOR APPROVAL TO TABLE THE AGENDA ITEM FOR TWO WEEKS TO OBTAIN ANSWERS, SECONDED BY COMMISSIONER DEVOS. Mr. Loucks advised the next meeting is one week on November 4, 2003 and suggested staff bring back a matrix comparing all of the college rates for all classes on November 4, COMMISSIONER HORTON ACCEPTED THE CHANGE TO THE MOTION FOR STAFF TO BRING BACK THE COMPARISON IN ONE WEEK ON NOVEMBER 4, 2003, SECONDED BY COMMISSIONER DEVOS. CALL ON THE MOTION: DECLARED UNANIMOUS. K. Regular Business VI. REGULAR AGENDA Agenda Item K-1, Approve Change Order #3 to Contract #03-290, Toledo Blade Stormwater Facility, with General Contracting Services, Inc. to increase the contract in the amount of $91, with a revised total contract of $396, Kimberly A. Corbett, Purchasing Director, reported staff initiated the change order to revise the under drain layout to comply with Southwest Florida Water Management District (SWFWMD) regulations at a cost of $91, COMMISSIONER D APRILE MOVED FOR APPROVAL OF CHANGE ORDER #3 TO CONTRACT #03-290, TOLEDO BLADE STORMWATER FACILITY, WITH GENERAL CONTRACTING SERVICES, INC. TO INCREASE THE CONTRACT BY $91, FOR A TOTAL REVISED CONTRACT OF $396,086.56, SECONDED BY COMMISSIONER HORTON AND DECLARED UNANIMOUS. Agenda Item K-2, Approve the 2003/04 County and State Department of Health Contract for the operation of the Charlotte County Public Health Department COMMISSIONER DEVOS MOVED FOR APPROVAL OF AGREEMENT # BETWEEN THE COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE CHARLOTTE COUNTY HEALTH DEPARTMENT CONTRACT YEAR FROM OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2004

20 Book 61, Page 842 WITH THE STATE S APPROPRIATED RESPONSIBILITY NOT TO EXCEED $2,118,359 AND THE COUNTY S APPROPRIATED RESPONSIBILITY NOT TO EXCEED $1,101,585, SECONDED BY COMMISSIONER D APRILE AND DECLARED UNANIMOUS. Agenda Item K-3, (a) Approve award of Bid #03-500, Providers of Real Property Title Services to the following firms: McKinley, Ittersagen, Gunderson & Berntsson, P.A., Attorneys at Law of Port Charlotte, FL, as the primary firm, and Wotitzky, Wotitzky, Ross, Goldman, Sturges & Tuttle, P.A., Attorneys at Law of Port Charlotte, FL, as the secondary firm, at the submitted pricing and (b) authorize the County Administrator to approve renewal options for up to two (2) additional one-year terms at the same prices, terms, and conditions by mutual consent Chairman DeBoer requested an explanation on the Complete Closing Services on the bid tabulation and verification if that amount represents the actual net closing costs to the County. Mr. Payette advised the Complete Closing Services represent the additional amount paid to the law firm to provide written documentations i.e. the deed, closing statements; and the amounts listed for the title search, issuance of the title commitment and policy, and Complete Closing Services would be added together for total closing costs. Chairman DeBoer noted the times for anticipated closing and providing a title report were significantly lower for the first ranked firm and questioned if the bidder was questioned on this aspect. Mr. Payette stated the ability to get the documents back to the County relate to the number of staff, the McKinley firm has quite a few on staff, and the firm will be held to that schedule. Chairman DeBoer requested a member of the firm present be allowed to answer questions. Chairman DeBoer noted no objection. Jerry Paul, of McKinley, Ittersagen, Gunderson & Berntsson, P.A., pointed out there are cost and turn around categories; reported the firm is the most competitive firm due to the staff, utilization of multiple title examiners at one time, and technology to handle volume at a lower per unit cost and a quicker turn around time; additional profit has not been added in; he does all local government work at a reduced rate with very little profit margin; and the firm has a reputation for turning around work as quick or quicker than any other firm. Chairman DeBoer expressed concern about potential conflicts of interest in terms of current lawsuits, buyers of properties

21 Book 61, Page 843 within the Murdock Village area, or Murdock Village in the future. Attorney Paul stated the primary principle is loyalty of the firm s team members, himself, and the Board; also if a situation occurred regarding fiduciary responsibility, he would be obligated to report it to the County Attorney and the Board; the McKinley firm is one of three established law firms and conflicts can occur in a County of this size; and he has made a decision not to represent any clients that could be potentially adverse to Murdock Village. COMMISSIONER HORTON MOVED FOR APPROVAL OF AGENDA ITEM K-3(A) AND (B), SECONDED BY COMMISSIONER DEVOS AND DECLARED UNANIMOUS. L. Additions to the Agenda Agenda Item L-1, Legislative Issues Chairman DeBoer referenced a letter sent by Representative Jerry Paul, as Chairman of the Local Delegation, requesting elimination of the City of Cleveland under the one-time to correct city boundaries. (Board consensus.) Chairman DeBoer reported the letter requested the County s position on levying a toll on I-75 and stated he sent s and forwarded information to Board Members to which no responses have been received. Commissioner Devos questioned the possibility of local governments levying a toll on an interstate roadway system. Representative Paul explained a Bill was filed last year, he did not co-sponsor the Bill, he is uncertain if there is authority to directly or indirectly levy tolls, he has similar concerns, and wanted the Board s input. Chairman DeBoer advised the Board has taken the position to address issues on a regional basis, there are no outstanding issues that would be addressed by this type of an Authority, there are no benefits to Charlotte County, and it was solely a question of supporting a regional concept. Representative Paul pointed out SWIFTY has been very effective in obtaining and managing transportation funds and developing future programs and visions, and he has not received all of the data. Commissioner Cummings commented in support of the efforts that have been expended through the Regional Planning Council to develop a Council of Governments and present a more united front in supporting the Legislative Delegation and the needs of Southwest Florida against other Legislative Districts like Miami Dade; expressed reservations on the appropriateness of levying a toll since I-75 is the only

22 Book 61, Page 844 interstate going through the area; and pointed out tolls may be levied without establishing the Authority as has been done in Lee County and on the Skyway Bridge that are not on main routes. Representative Paul stated a separate Transportation Authority might regulate the Skyway Bridge. Commissioner Cummings expressed concern with how well the County would fair in the Authority, the percentage of revenues generated and returned, if the County would be giving up local control to a regional entity without substantive benefits in return, stated the MPO staff has not found anything that the Authority can do that the County could not do on its own, and he is not comfortable with it. Representative Paul recalled a similar Bill was filed last year; stated if the Bill made it to at least one Committee stop, a staff analysis would have been performed to determine the impact of the proposed change on current laws; and he will check to see if there is a staff analysis for the upcoming Legislative meeting. Commissioner Horton recalled the Highway Commissioner did not want to levy a toll on the existing Englewood Interstate Connector and stated the County should be a part of an Authority, if it is established, at the inception. Chairman DeBoer pointed out Commissioner Cummings has reservations on tolling I-75 and the amount of benefits to the County. Commissioner Devos opined this is an attempt to increase funding to expand I-75 sooner due to growth in the area, she does not think it is a good one, requested Representative Paul to keep the County apprised of his efforts, recalled the Skyway Bridge was constructed as part of U.S. 19 and U.S. 41 long before the Interstate System, and she wants to wait and see because the matter may become moot. Representative Paul stated the Bill did not go very far last year. Chairman DeBoer stated Board Members have some of the same reservations as Representative Paul and recalled the Bill is requesting substantial upfront monies from the Legislature. Representative Paul explained SWIFTY has been very successful in garnering a large portion of State funding i.e. dollars for the extra lane on I-75. Chairman DeBoer concluded the Board supports it but has reservations. Commissioner Cummings thanked Representative Paul for all of his efforts on phosphate issues. Chairman DeBoer agreed.

23 Book 61, Page 845 IX. CITIZEN INPUT ANY SUBJECT Betty Wright read from a letter she wrote: On October 15, 2003 the front page of the Charlotte Herald Tribune featured an article of the conceptual plan for revamping the half a mile on the U.S. 41 Corridor from West Tarpon to Port Charlotte Boulevard. The estimated cost was more than $1 million. The plan is impressive. The article also stated that more then $4.5 million in Sales Tax dollars are at your disposal and that $3.8 million of Sales Tax money has been earmarked for this plan. Mrs. Wright reminded the Board that Charlotte County extends beyond the City of Punta Gorda to the Lee County line and there is not one tree growing on that segment of U.S. 41 and commented on the lack of signage denoting entrance to and exist from Charlotte County at the Lee County boundary. Mrs. Wright presented a copy of the letter to Chairman DeBoer. Commissioner Cummings agreed with Mrs. Wright on the need to extend beautification efforts to South County and pointed out the MPO has approved funding for enhancement projects and the Tourist Development Council has allocated funding for beautification to the City of Punta Gorda. Commissioner Devos agreed on beautification of U.S. 41 in South County. P. County Administrator Mr. Loucks explained staff was going to bring the Development Review Committee s (DRC) recommendation to approve the Wal-Mart in West County at the November 11 th Board meeting; since that meeting has been moved forward to November 4, 2003, staff is moving forward and trying to get the paperwork ready after the DRC meeting of October 30th; and requested direction on getting the information packet on November 3 rd or waiting until the second meeting in November. There being no response, Mr. Loucks indicated staff will move forward in getting the packet done for the November 4 th meeting. Commissioner Devos questioned Commissioner Horton on the necessity of approving the petition on November 4 th. Commissioner Horton stated he has no problem with getting the information on November 3 rd but he has been following the petition through the process and approval at the second meeting in November will still meet the criteria. Mr. Loucks advised the petition would be scheduled for the second meeting in November. Mr. Loucks related a request from

24 Book 61, Page 846 Representative Harrington s office to provide space in the South County Annex and there is space available in the Human Services office area. (Board consensus.) Mr. Loucks reported Plans Examiners are working on permit applications for single family residences on the day they are received by them but it is taking a little longer in Englewood and pointed out the total permits issued in September 2002 and September 2003 increased by 32% or 463 permits more this September. Commissioner Cummings requested the issuance time for a median permit. Mr. Loucks stated 7 to 10 days on permits with no problems and explained great strides have made in processing through coordination with the Charlotte Builders and Contractors Association. Mr. Loucks reported year to date permits issued show a 15% increase or an additional 2,338 permits. Chairman DeBoer stated a 3% growth rate for a decade would increase the County population to 207,000 and a 6% growth rate for a decade would increase the population to 275,000; the lots are platted but there is not sufficient infrastructure or commercial properties to handle projected growth. Q. County Attorney Reneé Francis Lee, County Attorney, requested a public workshop be scheduled to discuss the County s Transfer of Development Rights ordinance and suggested after Pre-Agenda on December 8, 2003 for approximately two hours from 10:00 A.M. to 12:00 P.M. to identify parts of the ordinance the Board desires, define the purpose, and strengthen language so it may be used as a growth tool. (Board Members did not make any commitment to the time or date.) Attorney Lee explained the special exception on the marina in South Gulf Cove is due to expire; litigation with the State has not yet been resolved; petitioner will be filing an extension with the Board of Zoning Appeals (BZA) in order to keep the marina citing open; it will be necessary to get Board direction on staff s position in support or opposition to the extension of the special exception; and the item will be put on the Board s agenda after receipt of notification from property owners. Commissioner Cummings stated petitions that go before the BZA are for application of the law and questioned how Board Member s personal opinions change the merits of a petition when applied against legal requirements. Attorney Lee advised other factors than the law is applicable in the special exception process i.e. comparability with surrounding uses and stated she