COUNTY OF CHARLOTTE. County Commissioners Murdock Circle Port Charlotte, FL

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1 COUNTY OF CHARLOTTE Board of County Commissioners Murdock Circle Port Charlotte, FL /26/04 12:21 PM County Commissioners Matthew D. DeBoer, District 4, Chairman Tom D Aprile, District 1, Vice Chairman Adam Cummings, District 2 Mac Horton, District 3 Sara Devos, District 5 County Administrator Bruce D. Loucks County Attorney Renée Francis Lee Clerk of the Circuit Court Barbara T. Scott AGENDA Regular Meeting Tuesday Next Meeting: Tuesday May 11, 2004 County Commissioners Meeting Room #119 FM Sound Enhancement Units for the Hearing Impaired are available at the Front Desk 9:00 A.M. Call to Order and Roll Call Invocation Pastor Mark Clarke Grace Bible Church Pledge of Allegiance Changes to the Agenda... See last page I. Citizen Input Agenda Items only...page 2 II. Committee Vacancies...page 2 III. Reports Received and Filed...page 2 IV. Consent Agenda...page 3 V. Regular Agenda...page 8 10:00 A.M. VI. Public Hearing Agenda...page 8 VII. Citizen Input Any Subject...page 9

2 Proclamations Commissioner Devos AAA Eighth Annual Safe Teenage Driver Awareness Month May, 2004 Civility Month May, 2004 Drinking Water Week May 2-8, 2004 Internal Auditor Awareness Month May, 2004 National Association of Letter Carriers United States Postal Service Food Drive Day May 8, 2004 National Child Care/Early Education Provider Appreciation Day May 7, 2004 Small Business Week May 9-15, 2004 Sunflower Celebration Ocean s Senior Appreciation Month May 1-31, 2004 Presentation Commissioner Devos Recognition of flags that had been flown over Iraq, by Kim Lovejoy, a member of the Air National Guard activated last year in Qatar, for three Charlotte County Departments: the Board of County Commissioners, the Sheriff s Department, and the Fire Department, in memory of those who perished on September 11, 2001, in Washington D.C., a field in Pennsylvania, and in the Twin Towers, New York City. Award presentation to Kevin Edwards, GIS Analyst/Supervisor, by the Charlotte County Sheriff s office and the Charlotte County Board of Commissioners for outstanding customer service for writing a programming tool that maps cell phones and cell phones locations, and land line calls, assisting Charlotte County Sheriff s E-911 Department. I. CITIZEN INPUT AGENDA ITEMS ONLY Anyone wishing to address the Board during this portion of the meeting must state one s name for the record and what agenda subject is to be discussed. Discussion is limited to matters identified on this agenda and each citizen will be allowed no more than three minutes to express an opinion. II. COMMITTEE VACANCIES Charlotte County is seeking volunteers to serve on the following Committees: Affordable Housing Advisory Committee - (1) member- at-large volunteer for a two year term. Buena Vista, Grassy Point, ELF Waterway Unit - (1) volunteer who must be a resident of Grassy Point. Tourism Development Council (2) owner/operator volunteers. South Gulf Cove Advisory Committee - one (1) volunteer who owns property in South Gulf Cove III. REPORT S RECEIVED AND FILED Recap of Clerk s office memorandum for Board of County Commissioners Charlotte County Board of County Commissioners Page 2 of 12

3 IV. CONSENT AGENDA All matters listed under this item are considered routine and action will be accomplished by one motion without separate discussion of each item. If discussion is desired by a member of the Board of County Commissioners, that item(s) will be removed from the Consent Agenda and considered separately. Clerk of the Circuit Court A. Finance Division 1. Adoption of Clerk s Finance Memoranda B. Minutes Division 03/23/04 9:00 a.m. BCC Regular Meeting 04/12/04 2:00 p.m. MSBU/TU Workshop C. County Attorney 1. Set Board Workshop on the Transfer Development Units Ordinance for May 6, 2004, at 1 PM in room #119. D. Budget Office Recommended Action: Set the Workshop. 1. Approve the carry-forward unused funds towards enhanced computer Software compatible with AVL/GPS system, County G.I.S. systems. The auto-routing component will more efficiently group trips, and preclude the immediate necessity for an additional contract position. The additional fuel expenditure reflects increased fuel prices and increased utilization. Recommended Action: Approve Budget Amendment #04-A32 to provide carry-forward unused funds from FDOT Block Grant FY02/03 and additional funds from FDOT Block Grant FY03/04 for the Dial-A-Ride program and approve expenditures. 2. The Charlotte County School Readiness Coalition, Inc., voted to directly perform the duties of the School Readiness Scholarship Program. The result is the non-renewal of the contract between CCSRC and the Sarasota Family YMCA effective 6/30/04, leaving no agency to distribute the Day Care Subsidy Program in Charlotte County. Approve the assignment of the County s agreement in force through 9/30/04, so that programs benefiting the served public may continue seamlessly and without interruption. (Budgeted Action: Redirect Funds to new service provider. No change in total amount of Contract.) E. General Services Recommended Action: Approve assignment of the Contract for Service Agreement between the County and the Sarasota Family YMCA, Inc., to the Charlotte County School Readiness Coalition. Charlotte County Board of County Commissioners Page 3 of 12

4 1. Approve Award Bid for the purchase of a new Hydraulic Excavator to replace a Link Belt Excavator Model LS-43OU25625, utilized by the Maintenance & Operations Division of the Public Works Department. (Budgeted Action: FY04 Budget, $300,000.00; with a savings of $53, from the purchase of the Menzi Excavator Project can be used for the balance of this purchase. Funding for this expenditure supplied from Gas Taxes.) Recommended Action: a) Approve Award Bid #04-200, Hydraulic Excavator, to G. S. Equipment, Inc., for the purchase of a Hydraulic Excavator at $268, and a 65 Reach Super Long Front Attachment at $109,039.00, and b) Approve the trade-in of Property Number for $25, for a total cost of $352, Approve Change Order #3 for the inspection and engineering analysis of two residential docks and associated seawalls located downstream of the Manchester Waterway Lock on Ackerman Waterway. The results of this inspection will help the County determine the validity of the homeowners claim of channel scour caused by removal of the locks. (Budgeted Action: FY04 Budgeted Amount is $30,218.00; initial funding was supplied from Gas Taxes to be repaid from the Manchester Waterway MSBU.) Recommended Action: Approve Change Order #3 to Contract #99-126, Manchester Waterway Lock Removal Ecosystem Management Permitting, with Florida Environmental, in the amount of $18, for a revised total cost of $379, Approve proposal for the design of Aqui Esta Drive from Bal Harbor to US 41, in accordance with the results of the recently completed PD&E Study. This project consists of widening the existing roadway and bridge to three-lanes. The project will also include a sidewalk and associated drainage. (Budgeted Action: FY04 Budgeted amount for Engineering is $1,014, and the transfer will be made from reserves for the balance of $608, at the time the contract is awarded. Current funds available are $90, and $924, [$90, from the 2002 Sales Tax Extension and the balance from Gas Taxes].) Recommended Action: a) Approve start of negotiations with the first ranked firm, Johnson Engineering, Inc., of Port Charlotte, Florida, for RFP , Engineering Services Aqui Esta Improvements; and b) Authorize the Chairman to sign the contract after negotiations have been completed provided the cost does not exceed $1,622, Approve Change Order for the design project of Burnt Store Roadway Improvements designed for the construction of shoulders and necessary safety improvement on both sides of the roadway from US41 and Burnt Store Road continuing south to the Lee County line, including possible waterway crossing improvement, traffic study, auxiliary turn lanes and construction engineering inspection. (Budgeted Action: FY04 Project Budget $5,695,000.00; total budget for design and engineering is $325,000.00; and the remaining costs are covered by the Construction Budget of $5,200, Funding supplied from Gas Taxes.) E. General Services Recommended Action: Approve Change Order #1 to Contract #03-447, Burnt Store Improvements, with Wilbur Smith Associates, Inc., for the amount of $39, with a revised total contract amount of $495, Approve the purchase of a Border Patrol Roller Hockey Rink System for the Tringali Park. Currently, Contract Connections, Inc., has the contract with the City of Jacksonville for the Hockey Rink. Charlotte County Board of County Commissioners Page 4 of 12

5 (Budgeted Action: $262, budgeted for the Roller Hockey Rink. Funding for this expenditure comes from the Florida Recreation Development Assistance Program of the Florida Department of Environmental Protection [$200,000.00] and Parks & Recreation Impact Fees [$62,139.00]) Recommended Action: Approve a piggyback purchase off of the City of Jacksonville, Florida, Bid #SC and County File #04-244, Tringali Park Roller Hockey Rink, to Contract Connection, Inc., of Jacksonville, Florida for a total cost of $79, F. General Services Real Property Services 1. Approve the release of a portion of a ten (10) foot wide utility and drainage easement, and a portion of a platted twenty-five (25) foot wide canal maintenance easement, both located in Lot 197, Block 3302, Port Charlotte Subdivision, Section Forty-Four to enable the use of the described portion of easements for construction of the roof overhang, pool, deck and cage of a new single family residence. The parcel is located in Greater Port Charlotte. The property address is 4182 Perch Circle. Recommended Action: Approve Resolution authorizing the Chairman of the Charlotte County Board of County Commissioners to execute a County Deed releasing a portion of a ten (10) foot wide utility and drainage easement, and a portion of a platted twentyfive (25) foot wide canal maintenance easement, both located in Lot 197, Block 3302, Port Charlotte Subdivision, Section Forty-Four, in Charlotte County, Florida. (Owner: Mark A. Colacioppo.) 2. Approve the release of portions of eight six (6) foot wide utility and drainage easements located along the lot line separating Lots 4, 5, 6, 34, 35, and 36, Block 3313, Port Charlotte Subdivision, Section Forty-Six to enable the use of the six lots as a single building site for the construction of a commercial site. The parcels are located in Greater Port Charlotte. The property addresses are shown as 16350, and Esposito Terrrace, and 2144, 2152 and 2160 El Jobean Road (aka State Road 776). Recommended Action: Approve Resolution authorizing the Chairman of the Charlotte County Board of County Commissioners to execute a County Deed releasing portions of eight six (6) foot wide utility and drainage easements located in Lots 4, 5, 6, 34, 35, and 36, Block 3313, Port Charlotte Subdivision, Section Forty-Six, in Charlotte County, Florida. (Owner: Sal Dipiazza.) 3. Approve the release of portions of two six (6) foot wide utility and drainage easements located along the lot line separating Lots 11 and 12, Block 3290, Port Charlotte Subdivision, Section Forty-Four to enable the use of the two lots as a single building site for the construction of a single-family residence. The parcels are located in Greater Port Charlotte. The property address is 4339 Moffett Road. Recommended Action: Approve Resolution authorizing the Chairman of the Charlotte County Board of County Commissioners to execute a County Deed releasing portions of two six (6) foot wide utility and drainage easements located in Lots 11 and 12, Block 3290, Port Charlotte Subdivision, Section Forty-Four, in Charlotte County, Florida. (Owners: Francisco Silva and Nadine Silva.) 4. Approve a Resolution authorizing the acquisition of property required for the construction of the Coral Creek Bridge replacement project. The existing Coral Creek Bridge is classified as Structurally Deficient by the Florida Department of Transportation and must be replaced. This agreement allows the County to consolidate its holdings to the north of County Road 775 and requires Gasparilla Fishery, Inc., to refund the $12, deposited in the Court Registry, this TCE saves the County future litigation costs, provide the County with a temporary construction easement, and allows for the removal of the Charlotte County Board of County Commissioners Page 5 of 12

6 historic Bunk House for preservation purposes. (Budgeted Action: FY04 Budget available, $394, Coral Creek Bridge, Replacement Project. Funding supplied from Gas Taxes.) Recommended Action: Approve Resolution authorizing the Chairman to execute an exchange of land agreement between the County and Gasparilla Fishery, Inc., pursuant to Section of the Florida Statutes. 5. Approve this agenda item that replaces and supersedes the exchange agreement with New Vista Properties, Inc., that has been held in abeyance due to quality of title problems with lots listed in the agreement; no title problems are anticipated with this exchange. Approving this Resolution will save the County over $150, in direct acquisition costs for the Murdock Village project. G. Public Safety Recommended Action: Approve the Resolution authorizing Charlotte County Board of Commissioners to approve the exchange of the County s interest in nineteen [19] platted lots for nineteen privately owned lots located with the Murdock Village Redevelopment project. 1. Approve Budget Amendment that allocates $38, within the current EMS Budget to allow the department to expend the Grant Funds. Under the terms of the grant, funds are used to improve and expand the County s Pre-hospital Emergency Medical Services System not to supplant existing County EMS Budget allocations. H. Public Works Recommended Action: Approve Budget Amendment #04-A33 in the amount of $38, in the EMS Budget to allocate funds received from the State for the EMS County Grant. 1. The City of Punta Gorda approved the Interlocal Agreement at its meeting on April 7, Pursuant to the agreement, the City will pay the County $6, towards the $13, local match required by the grant because a portion of the sidewalk construction lies within the city limits. The County has received a $91, grant from FDOT to build the Burnt Store Sidewalks. (Budgeted Action: FY04 project total is $939, The FDOT match amount of $13, and funding for the match is supplied from Gas Taxes.) Recommended Action: Approve the Interlocal Agreement with the City of Punta Gorda, regarding funding for the construction of sidewalks along the west side of Burnt Store Road beginning at the terminus of Phase I and ending near the southern property line of Eagle Pointe Mobile Home Park. 2. Set a Public Hearing for May 11, 2004, at 10:00 a.m. or as soon thereafter as may be heard, to consider an approval of an Ordinance amending the territory of the Harbour Heights Street and Drainage MSBU to add properties abutting road and bridge roads that have not been previously assessed, as well as other properties which benefit from the assessment, but are not currently included in the description of the territory of the unit in , Charlotte County Code. 3. Set a Public Hearing for May 11, 2004, at 10:00 a.m. or as soon thereafter as may be heard, to consider and adopt an Ordinance amending the territory of Punta Gorda Non Urban Street and Drainage Unit Charlotte County Board of County Commissioners Page 6 of 12

7 [PGNU] to incorporate the territory of the South Charlotte Marl Street and Drainage Unit, the Three Rivers Street and Drainage Unit and the Sabal Palm Drive Road and Drainage Unit. 4. Set a Public Hearing for May 11, 2004, at 10:00 a.m. or as soon thereafter as may be heard, to consider and adopt an Ordinance amending the territory of the South Gulf Cove Waterway Unit to include property benefited by improvements but not previously included in the described territory of the unit. 5. Set a Public Hearing for May 11, 2004, at 10:00 a.m. or as soon thereafter as may be heard, to consider and adopt an Ordinance merging the Rotonda Meadows Street and Drainage Unit and the Rotonda Villas Street and Drainage Unit into a new Street and Drainage MSBU called Rotonda Meadows/Villas Street and Drainage Unit. The new unit would allow in its purpose, use of MSBU funds for neighborhood beautification projects. 6. Set a Public Hearing for May 25, 2004, at 10:00 a.m. or as soon thereafter as may be heard, to consider approval of an Ordinance of Charlotte County, Florida setting the speed limit on Boundary Boulevard from Rotonda Boulevard East to the south end in Charlotte County 7. Approve Set a Public Hearing for May 25, 2004, at 10:00 a.m. or as soon thereafter as may be heard, to consider approval of an Ordinance of Charlotte County, Florida reducing the speed limit on Sunnybrook Boulevard, between SR 776 and Boundary Boulevard, to 35 m.p.h. 8. Set a Public Hearing for May 25, 2004, at 10:00 a.m. or as soon thereafter as may be heard, to consider approval of an Ordinance of Charlotte County, Florida setting the speed limit on Winchester Boulevard from the Sarasota County line to SR 776 in Charlotte County. 9. Set a Public Hearing for May 25, 2004, at 10:00 a.m. or as soon thereafter as may be heard, to consider approval of an Ordinance of Charlotte County, Florida setting the speed limits to 45 mph to accommodate the new four-lane roadway on County Road 775 from SR 776 to Rotonda Boulevard West in Charlotte County. J. Regular Business V. REGULAR AGENDA Charlotte County Board of County Commissioners Page 7 of 12

8 1. Budget Approve funding of $1.0 Million to begin acquisition of properties for the countywide Habitat Conservation by advancing funds from the currently established.05 mills rate set aside each year in the County s CIP for the purchase of environmental lands. K. 10:00 A.M. VI. PUBLIC HEARING AGENDA 1. Equivalent Residential Unit Consider and adopt an Ordinance amending Charlotte County Code, Section 4-6-1, deleting Subsection (c)(1)b. in order to allow street and drainage assessments on roads normally maintained by other county, state and federal funds, (road and bridge roads). 2. Zoning Atlas Second Public Hearing Z This petition is requesting a rezoning for acres from Agriculture Estates (AE) to Industrial Light (IL) for property located east of Burnt Store Road, north of Jones Loop Road and southwest of Taylor Road, to correct zoning and Future Land Use Map inconsistencies that exist in this area. VII. CITIZEN INPUT ANY SUBJECT Note: Anyone wishing to address the Board during this portion of the meeting must state his/her name for the record and may address his/her comments to items that were or were not discussed during the meeting. Each citizen will be allowed no more than three minutes to express his/her opinion. L. County Administrator M. County Attorney N. Commissioner Comments Commissioner Matthew D. DeBoer, Chairman Commissioner Tom D Aprile, Vice Chairman Commissioner Adam Cummings Charlotte County Board of County Commissioners Page 8 of 12

9 Commissioner Mac Horton Commissioner Sara Devos SCHEDULE OF FUTURE CLOSURES/HEARINGS/WORKSHOPS Thursday May 6, :00 pm MSBU Budget Workshop Murdock Administration Center, Room #229 Thursday May 13, :00 pm Charter Review Commission Thursday May 20, :00 pm Preliminary Budget Update Murdock Administration Center, Room #229 Monday May 31, Charlotte County Administration offices closed in honor of Memorial Day. Thursday June 10, :00 pm CIP Workshop Murdock Administration Center, Room #229 Thursday June 10, :00 pm Charter Review Commission Thursday June 24, :00 pm Charter Review Commission Monday July 5, Charlotte County Administration offices closed in honor of July 4, Thursday July 8, :00 pm Charter Review Commission Wednesday July 14, :00 pm Budget Workshop Wednesday July 14, :01 pm Public Hearings MSBU s Thursday July 15, :01 pm Public Hearing - MSBU s Lemon Bay High School Friday July 16, :00 pm Presentation of Tentative Budget (if needed) Thursday August 12, :00 p.m. Charter Review Commission Monday September 6, Charlotte County Administration offices closed in honor of Labor Day. Thursday September 9, :00 p.m. Charter Review Commission Thursday September 9, :01 pm First Public Hearing Thursday September 23, :01 pm Final Public Hearing Charlotte County Board of County Commissioners Page 9 of 12

10 You can access the Agenda on line by visiting Charlotte County's website: Charlotte County Board of County Commissioners Page 10 of 12

11 To: From: All Board of County Commissioner meetings are broadcast during various times on CCTV-20, Comcast channel 20. CCTV-20 is the Charlotte County Government channel. Check CCTV-20 for specific air times. Charlotte County Administrator s Office Murdock Circle, Room 538 Port Charlotte, FL (941) Fax: (941) Revised Agenda Update Honorable Board of County Commissioners Kelly A. Shoemaker, Assistant to the County Administrator Date: April 26, 2004 Subject: Changes have been made to the Board of County Commissioners April 27, 2004, Agenda as follows: Addition No. 1 Proclamation Law Week, U.S.A. Week of April 25 through May 1, 2004 Requested by: Explanation: County Attorney As directed by the Department. Addition No. 2 J. 2 Human Services Review approval and signature of subordination documents for closing of Punta Gorda Pines permanent financing. Requested by: Explanation: County Attorney County Attorney requested item should be put on agenda immediately. As of 04/26/04 12:21 PM KAS/mjp Charlotte County Board of County Commissioners Page 11 of 12

12 To: From: Charlotte County Administrator s Office Murdock Circle, Room 538 Port Charlotte, FL (941) Fax: (941) Revised Agenda Update II Honorable Board of County Commissioners Kelly A. Shoemaker, Assistant to the County Administrator Date: April 26, 2004 Subject: Additional changes have been made to the Board of County Commissioners, April 27, 2004, Agenda as follows: Addition No. 3 M. County Attorney Update on Edgewater Condos Requested by: Explanation: County Attorney As directed by the Board. As of 04/26/04 12:21 PM KAS/mjp Charlotte County Board of County Commissioners Page 12 of 12

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