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

Transcription

1 COUNTY OF CHARLOTTE Board of County Commissioners Murdock Circle Port Charlotte, FL 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, August 24, 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 Ted Hanleck Peace Lutheran Pledge of Allegiance Changes to the Agenda... See separate sheet I. Special Recognition...page 2 II. Citizen Input Agenda Items Only...page 2 III. Committee Vacancies...page 2 IV. Reports Received and Filed...page 3 V. Consent Agenda...page 3 VI. Regular Agenda... page 12 10:00 A.M VII. Public Hearing... page 12 VIII Presentation Agenda... page 12 XI. Citizen Input Any Subject... page 13 2:00 P.M. X. Planning and Zoning Agenda... page 14 Charlotte County Board of County Commissioners Page 1 of 18

2 Proclamations - Commissioner DeBoer Florida Water, Wastewater, & Systems Operators Week August 16-20, 2004 Smokey Bear Day August 9, 2004 I. SPECIAL RECOGNITION Employee Recognition Commissioner D Aprile & County Administrator Bruce Loucks Arkadiy Akhmadeyev 5 yrs. Information Technology Department William D. White 5 yrs. Parks Recreation & Cultural Resources Philip E. Moran 10 yrs. Environmental & Extension Services John D. Calendine 15 yrs. Parks Recreation & Cultural Resources Gregg A. Bala 20 yrs. Community Development Those from Fire/EMS will not be in attendance Juancarlos G. Cadenas 5 yrs. Firefighter David A. Stokes 5 yrs. Firemedic Robert B. Thomas 5 yrs. Firefighter James M. Wilcox 5 yrs. Firefighter Sam P. Dreher 10 yrs. Firemedic Steve W. Sasher 10 yrs. Firefighter Kevin E. Benson 15 yrs. Firefighter Thomas M. Franz 15 yrs. Firefighter James A. Stillwagon 20 yrs. Fire/EMS Battalion Chief Kenneth J. Price 25 yrs. Fire/EMS Battalion Chief II. 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. III. COMMITTEE VACANCIES Charlotte County is seeking volunteers to serve on the following Committees: Englewood Area Planning Advisory Board - (3) volunteers representing Charlotte County, new members to serve 2-year terms; reappointed members to serve 4-year terms. appointments on agenda Gulf Cove Street & Drainage Benefit Unit Advisory Committee - (1) volunteer, and resident of Gulf Cove, for a 3-year term. IV. REPORTS RECEIVED AND FILED NONE Charlotte County Board of County Commissioners Page 2 of 18

3 V. 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 July 13, :00 am BCC Regular Meeting July 14, :00 Budget Workshop Board of County Commissioners C. Commission Office D. Administration E. County Attorney F. Budget Office 1. Approve additional funding needed for the continuation of the phosphate legal challenge. Recommended Action: Approve Budget Transfer # in the amount of $1,000,000 from General Fund reserves Cash Carried Forward to cover anticipated FY04 costs associated with the phosphate legal challenge. 2. Approve agreement for updating the Hazard Analysis data for the Charlotte County facilities using or storing extremely hazardous substance, [EPA 302 chemicals]. This is a fixed fee, performance-based agreement with no requirement to match the allocation with County funds. (Budgeted Action: Funding of $3,464 is budgeted in the Emergency Management Proposed FY 04/05 Budget. Actual expense is $3,440.) Recommended Action: Approve Contract #05CP between the State of Florida, Department of Community Affairs, and Charlotte County in the amount of $3, Approve the contract from the Department of Homeland Security s Office of Domestic Preparedness through the Florida Division of Emergency Management. This is in response to terrorism in four [4] distinct applications: EOC Enhancements, Local Planning, Local Exercises, and All Discipline Training. The County does not need to match funds. Charlotte County Board of County Commissioners Page 3 of 18

4 Recommended Action: Approve the Homeland Security Grant, which provides funding in the amount of $126,751. The contract between Florida Department of Community Affairs and Charlotte County is funded from the Department of Homeland Security s Office of Domestic Preparedness. Contract period begins July 1, 2004 and ends September 30, 2005, #05DS (The final number to be assigned by State.) 4. This action extends the standby Bond Purchase Agreement for year 2 of the 2003A and 2003B Variable Rate Bond issue. (Budgeted Action: Cost is 15 basis points or approximately $129,000; fee is same fee as in original agreement.) Recommended Action: Approve first supplement to standby Bond Purchase Agreement for the Series 2003A & 2003B Variable Rate Bond issue with Bank of America, N.A. G. Community Development 1. Approve Community Blue Heron Pines Joint Venture requesting Major Modification for Blue Heron Pines consisting of modification to the existing DRC-PD-98-1 Final Detail Plan for the purpose of eliminating on-site wastewater treatment facility, adding a golf course maintenance and RV-boat storage area and changing the lot layout decreasing density. Recommended Action: Approve the DRC-PD-98-1 (MM) Major Modification Resolution permitting Community Blue Heron Pines to construct additions to the existing Blue Heron Pines mobile home/golf course development. 2. Set a Public Hearing for August 24, 2004, at 10:00 a.m., or as soon thereafter as may be heard, repealing Article XX, Chapter 3-5 [Transfer of Development Rights] of the Code of Laws and Ordinances and creating a new Article XX, Chapter 3-5 [Transfer of Density Units] of the Code of Laws and Ordinances. Recommended Action: Set the Public Hearing. 3. Set a Public Hearing, for August 24, 2004, at 10:00 a.m., or as soon thereafter as may be heard, for the Transmittal of Petition PA LS to the Department of Community Affairs for an Objections, Recommendations, and Comments report. Recommended Action: Set the Public Hearing. 4. Approve Resolution # establishing the Palm Island, Don Pedro Island, Knight Island and Thornton Key Advisory Committee. Recommended Action: Approve Resolution establishing the by-laws for the Palm Island, Don Pedro Island, Knight Island and Thornton Key Advisory Committee. H. Economic Development J. Environmental Services 1. Approve the purchase of Vegetation and Lake Management System (VLMS) software mandated by FDACS that all mosquito control programs use the same State supported software for reporting and accounting procedures. Charlotte County is presently installing the state sponsored Vector Control Management System mosquito control software, a compatible reporting system. The transfer includes Charlotte County Board of County Commissioners Page 4 of 18

5 $10,000 for additional VCMS licenses and additional training if needed and $15,000 for accounting module. Recommended Action: Approve Budget Transfer #04-045, in the amount of $73,700 from Reserve Funds in State Mosquito Control Account to purchase Vegetation and Lake Management System (VLMS) software. K. Facilities Construction and Maintenance L. General Services 1. Approve this bid to secure the services of a qualified contractor for the construction of a sidewalk located on the west side of Forrest Nelson Boulevard, from Quesada Avenue to Peachland Boulevard, to Lovin Construction, Inc., the lowest responsive, responsible bidder, for the total amount of $158, Substantial completion of this project shall be accomplished within 120 calendar days from notification to proceed. This project is jointly funded by the County and the Florida Department of Transportation (FDOT). (Budgeted Action: FY04 project total Budget is $939,000 Road & Bridge Sidewalks. Amount available for this contract is $160,379 Improvement Other Than Buildings. Funds are available from an FDOT Grant [$140,332] and Gas Tax [$20,047]) Recommended Action: Approve Award Bid #04-295, Forrest Nelson Boulevard Sidewalks, to the lowest responsive, responsible bidder, Lovin Construction, Inc., of Bradenton, Florida, for the total amount of $158, Approve this Change Order (#11) to add the paving of Grove City Phase II and Coliseum Blvd. in Gardens of Gulf Cove. (Budgeted Action: FY04 Funds are budgeted in two [2] projects, MSBU Resurfacing Program, project total $1,250,000. Available for Coliseum is $133,945 (Inc. 5% Contingency). Grove City Paving, Project Total is $2,728,000. Available for this C/O is $440, (Inc. 5% contingency). Funding is supplied from Gas Tax ($127,566.62) and the Grove City Street and Drainage MSBU ($419,595.85). Recommended Action: Approve Change Order #11 to Contract #03-484, North County Paving Program, with AJAX, Inc., of Nokomis, Florida, in the amount of $547, with a revised total contract amount of $5,640, Approve the items for disposal for the month of August, L. General Services Recommended Action: Approve the deletion of the property inventory items for the month of August, Approve Change Order for the purchase of a Security and Collection Management Services System for the Port Charlotte Library; and two [2] required antennas at a cost of $4,300 each. The antennas had been determined during pre-construction. (Budgeted Action: Budgeted $82,805: $44,630 in Capital Outlay Library Administration & Outreach; $38,175, Capital Outlay State Aid to Libraries. Funding comes from the General Fund, Ad-Valorem Taxes, and State Aid to Libraries.) Recommended Action: Approve Change Order #1 to File #04-355, Library System, with Checkpoint Systems, Inc., of Thorofare, New Jersey for the total amount of $8,600 Charlotte County Board of County Commissioners Page 5 of 18

6 (Piggyback off Lake County, Florida Contract #02-083) for a revised contract amount of $82,805.) 5. Approve the award to secure the services of a qualified contractor to cut vegetation along selected roadsides which entails trimming the side and top of trees and brush encroaching along road rights-ofway, and mulching of the cut material in place, at an estimated linear footage for fiscal year 04/05, of 2,352,941 ft. (Budgeted Action: FY05 estimated budget amount is $400,000. Funding supplied by the various MSBU s in which the work takes place.) Recommended Action: a) Approve Award of Bid #04-382, Tree & Brush Power Shearing, to the lowest responsive, responsible bidder, Rick Richards, Inc., at the unit price bid ($0.15 per linear foot) for an estimated annual cost of $400,000 with the contract period to extend from October 1, 2004 through September 30, 2005; and b) Authorize the Administrator to approve renewal options for up to two additional one-year terms, at the same prices, terms and conditions, by mutual consent. 6. Approve project for the remodeling of three [3] public restrooms, at separate facilities, within the Port Charlotte Beach Park to conform to the latest accessibility guidelines and updates fixtures/finishes as needed to CEM Enterprises, Inc., the lowest responsive, responsible bidder. (Budgeted Action: Budgeted for this task $236,250 Capital Outlay, Port Charlotte Beach Park. Funding for this expenditure comes from 1998 Sales Tax Extension.) Recommended Action: Approve Award of Bid #04-371, Restroom Accessibility Improvements-Port Charlotte Beach, to CEM Enterprises, Inc., in the amount of $164, Approve the services of an experienced and qualified individual or firm for the construction of two [2] new tennis courts, resurfacing of two [2] adjacent existing courts, tennis sports lighting for all four [4] courts, parking, parking lot lighting, and concrete sidewalk, including associated storm water drainage features, site electrical, and landscaping. (Budgeted Action: Budgeted amount $162,830 Franz Ross Park; $60,465 Facility Walkway Lighting. Funding for this expenditure comes from a grant from the Florida Department of Environmental Protection Florida Recreation Development Assistance Program [$162,830] and the Capital Projects Fund, Ad-Valorem Taxes [$60,465].) Recommended Action: Approve Award Bid # Construction of Tennis Courts Franz Ross Park, to the lowest responsive, responsible bidder, Welch Tennis Courts of Sun City, Florida, at the base bid price of $147,000 plus Alternate #3 in the amount of $57,585 for a total project cost of $204,585. L. General Services 8. Approve contract for the construction of the Rotonda Water System sodium hypochlorite conversion and ammonia feed system including, but not limited to, excavation, backfilling, and grading; installation of ammonia control enclosure; installation of chemical supply lines and water delivery lines; construction of containment basin; installation of sodium hypochlorite bulk storage tanks; installation of liquid sodium hypochlorite and gaseous ammonia chemical feed systems; installation of electrical supply and instrumentation, controls, and instrument signal wiring; and all other work necessary to provide complete and operating chemical delivery systems. (Budgeted Action: $230,000 available for this component of the water pumping station; Utilities Connection Fee Fund Improvements Other Than Buildings.) Recommended Action: Approve Award Bid # Rotonda Water Booster Station Hypochlorite Conversion System, to the lowest responsive, responsible bidder TLC Diversified of Palmetto, Florida for a total project cost of $229, Charlotte County Board of County Commissioners Page 6 of 18

7 9. Approve the design/build services for the construction of a Fire Station in Charlotte County, Florida. Fire Station #8 shall be located within the two (2) acres at the corner of Kildare and Clinton, Block 1504, Subdivision General Development, Tract H, Section 3, Township 405, Range 22E. Upon completion of this design/build project, the County reserves the right to extend/utilize this contract for future design/build fire station projects, over the next three (3) year period, if determined to be in the best interest of the County and both parties agree. Currently, in the Capital Improvements Program (CIP) there is/are anticipated four (4) Fire Stations that may be considered or reviewed under this contract to be completed. (Budgeted Action: Design Budget $50,000, total project Budget $1,330,000, Fire Station #8; funding provided by Fire Assessments & Fire Impact Fees.) M. Human Resources Recommended Action: a) Approve the negotiations for Request Proposal # Design/Build Fire Station(s) with the first ranked firm, Mathews-Taylor Construction, L.L.C. of Punta Gorda, Florida; and b) Authorize the Chairman to sign the design phase portion of the design/build contract after negotiations have been completed as long as the design phase fees do not exceed $50,000. N. Human Services 1. Approve the increase to provide total funding for the Home Ownership strategy to provide Housing Corporation of Charlotte County appropriate staffing. Charlotte County contracts with HCCC to implement various strategies of SHIP, services to be provided by HCCC including Home Ownership Counseling through the Home Buyers Club. Counseling and Education are critical to guide low income buyers. County s FY 2004 budget appropriated funds for Home Ownership Counseling for various services and a revised budget for a coordinator and related expenses. Excess funding into the Down Payment Assistance Strategy generated from recycled funds received in FY04, provides for reallocation to meet increased needs in the Home Ownership Counseling Strategy. (Budgeted Action: Funds provided in Local Housing Assistance Trust Fund.) Recommended Action: Approve SHIP strategy shift of $35,133 from recycled funds received in the Down Payment Assistance Strategy to the Home Ownership Counseling Strategy to meet increased needs of Home Buyers Club. P. Information Technology Q. Parks, Recreation & Cultural Resources 1. Approve agreement proposed to allow for the construction of a remote control track in the center section of the running track located in Rotonda at the G.C. Herring Park. The agreement established the construction parameters, operations, management of the amenities, and recognizes Charlotte County Radio Control Association as a primary user; and the public as a secondary user when there are no scheduled races. (Budgeted Action: $50,000 in Parks Recreation in FY05; funding for this expenditure from the General Fund, Ad Valorem Taxes pending adoption by the BCC of this item in FY05 Budget.) Charlotte County Board of County Commissioners Page 7 of 18

8 Recommended Action: Approve an Agreement to allow construction of a remote control track in G.C. Herring Park. 2. Approve Budget Transfer and Amendment to allow the necessary additional funds to be budgeted within the Operating Budget and transferred to the Equipment Replacement Fund to cover the additional costs of the replacement equipment. R. Public Safety Recommended Action: Approve Budget Transfer # and Budget Amendment #04-A45 in the amount of $36,450 to cover increased costs in the Parks Equipment Replacement Fund. S. Public Works T. Real Estate Services 1. Approve the release of a portion of a twenty (20) foot wide canal maintenance easement located in Lot 49, Block 2128, Port Charlotte Subdivision, Section Thirty-Seven to enable the use of a portion of the canal maintenance easement as part of the proposed improvement s overall building footprint to include a pool, deck and cage. The parcel is located in Greater Port Charlotte. The property address is Klinger Circle. Recommended Action: Approve the Resolution authorizing the Chairman of the Charlotte County Board of County Commissioners to execute a County Deed releasing a portion of a twenty (20) foot wide canal maintenance easement located in Lot 49, Block 2128, Port Charlotte Subdivision, Section Thirty-Seven, in Charlotte County, Florida. (Owners: Daniel J. Chesky and Catherine C. Chesky.) T. Real Estate Services 2. Approve the release of a portion of a platted twenty-five (25) foot wide canal maintenance easement and a portion of a recorded twenty (20) foot wide canal maintenance easement per Official Record Book 1591, Pages 1746 through 1752, of the Public Records of Charlotte County, Florida, both located in Lot 70, Block 3291, Port Charlotte Subdivision, Section Forty-Four to enable the use of these portions of the canal maintenance easements as part of the proposed improvement s overall building footprint for a pool, deck and cage. The parcel is located in Greater Port Charlotte. The property address is Skipper Lane. 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 platted twenty-five (25) foot wide canal maintenance easement and a portion of a recorded twenty (20) foot wide canal maintenance easement, both located in Lot 70, Block 3291, Port Charlotte Subdivision, Section Forty-Four, in Charlotte County, Florida. (Owners: James M. Crilly and Gisela E. Crilly.) 3. Approve the release of portions of two six (6) foot wide utility and drainage easements located along the lot line separating Lots 9 and 10, Block 1998, Port Charlotte Subdivision, Section Sixty to enable the use Charlotte County Board of County Commissioners Page 8 of 18

9 of the two lots as a single building site for the construction of a single-family residence. The parcels are located in Gulf Cove. The property address is 3424 Gillot Boulevard. 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 9 and 10, Block 1998, Port Charlotte Subdivision, Section Sixty, in Charlotte County, Florida. (Owner: Larry R. Harrison.) 4. Approve the release of all of the ten (10) foot wide utility and drainage easement located in Lot 25 and a portion of the ten (10) foot wide utility and drainage easement located in Lot 26, both in Block 1095, Port Charlotte Subdivision, Section Twenty-Two 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 Northwest Charlotte. The property addresses are shown as 324 Barger Drive (Lot 25) and 316 Barger Drive (Lot 26). Recommended Action: Approve Resolution authorizing the Chairman of the Charlotte County Board of County Commissioners to execute a County Deed releasing all of the ten (10) foot wide utility and drainage easement located in Lot 25 and a portion of the ten (10) foot wide utility and drainage easements located in Lot 26, both in Block 1095, Port Charlotte Subdivision, Section Twenty-Two, in Charlotte County, Florida. (Owner: Murlina L. Lynch.) 5. Approve the release of a portion of a twenty-five (25) foot wide canal maintenance easement and a portion of a ten (10) foot wide utility and drainage easement, both located in Lot 188, Block 3302, Port Charlotte Subdivision, Section Forty-Four to enable the use of portions of these easements as part of the proposed improvement s overall building footprint that includes a portion of single-family residence and a portion of pool, deck and cage. The parcel is located in Greater Port Charlotte. The property address is Horizon Lane. 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 twenty-five (25) foot wide canal maintenance easement and a portion of a ten (10) foot wide utility and drainage easement, both located in Lot 188, Block 3302, Port Charlotte Subdivision, Section Forty-Four, in Charlotte County, Florida. (Owners: Ernest L. Schultz and Renee D. Schultz.) T. Real Estate Services 6. Approve requesting the release of a portion of a platted twenty-five (25) foot wide canal maintenance easement and a portion of a recorded twenty (20) foot wide canal maintenance easement per Official Record Book 1591, Pages of the Public Records of Charlotte County, Florida, both located in Lot 87, Block 3270, Port Charlotte Subdivision, Section Forty-Four to enable the use of portions of the canal maintenance easements as part of the proposed improvement s overall building footprint to include a pool, deck and cage. The parcel is located in Greater Port Charlote. The property address is O'Hara Drive. 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 platted twenty-five (25) foot wide canal maintenance easement and a portion of a recorded twenty (20) foot wide canal maintenance easement per Official Record Book 1591, Pages of the Public Records of Charlotte County, Florida located in Lot 87, Block 3270, Port Charlotte Subdivision, Section Forty-Four, in Charlotte County, Florida. (Owners: Audeliz Soto and Denice M. Soto.) Charlotte County Board of County Commissioners Page 9 of 18

10 7. Approve the release of a portion of the platted twenty-five (25) foot wide canal maintenance easement and a portion of the recorded twenty (20) foot wide canal maintenance easement per Official Record Book 1591, Pages , of the Public Records of Charlotte County, Florida, both located in Lot 183, Block 3302, Port Charlotte Subdivision, Section Forty-Four to enable construction of a pool, deck and cage as part of the overall building blueprint. The parcel is located in Greater Port Charlotte. The property address is Horizon Lane. Recommended Action: Approve Resolution authorizing the Chairman of the Charlotte County Board of County Commissioners to execute a County Deed releasing a portion of the platted twenty-five (25) foot wide canal maintenance easement and a portion of the recorded twenty (20) foot wide canal maintenance easement per Official Record Book 1591, Pages , of the Public Records of Charlotte County, Florida, both located in Lot 183, Block 3302, Port Charlotte Subdivision, Section Forty-Four, in Charlotte County, Florida. (Owners: Robert A. Wright and Shannon V. Wright.) 8. Approve to execute a new easement granting Florida Power & Light a 100 foot easement along the edge of County owned property. FPL determined that there is a need for the use of this easement since the one granted earlier would go through the middle of Carmalita Park and Public Works. The new easement, in conjunction with the easement granted by Edison Community College will allow FPL to run their new power lines around the Carmalita facility, replacing the 1955 easement. Recommended Action: Approve the Resolution granting a new easement to Florida Power & Light which replaces the 1955 easement released by FPL. T. Real Estate Services 9. Approve pending improvements along Midway Boulevard including road widening and the replacement of drainage structures along the roadway. These improvements require Charlotte County Utilities to construct a new wastewater lift station in the vicinity of Midway Boulevard and Fordham Road. Real Estate Services was able to negotiate the Agreement for Purchase & Sale of Real Property with the owner of the lot at Midway Boulevard, Lot 1, Block 2313, Port Charlotte Subdivision, Section 20, for $26,500, supported by a current appraisal. (Budgeted Action: Lift Station CIP - $70,000 budgeted for land acquisition [Renewal & Replacement Fund Improvements Other Than Buildings Wastewater Lift Stations Project]. Funding from the Renewal & Replacement Fund Budgeted Capital.) Recommended Action: Approve Resolution authorizing the Chairman of the Board of County Commissioners to execute all necessary documents for the purchase of a parcel of real property necessary for a new lift station for Charlotte County Utilities 10. Approve the exchange that will save the County over $7,200 in direct acquisition costs for the Tippecanoe II Scrub Environmental Park project. Recommended Action: Approve the Resolution authorizing the Charlotte County Board of Commissioners to approve the exchange of the County s interest in one platted lot for one privately owned platted lot located within the Tippecanoe II Scrub Environmental Park. V. Tourism Development Charlotte County Board of County Commissioners Page 10 of 18

11 W. Utilities Charlotte County Board of County Commissioners Page 11 of 18

12 VI. REGULAR AGENDA Y. Regular Business 1. Commission Office Approve the selection, by ballot of three [3] members to the Englewood Area Planning & Advisory Board (EAPAB). 2. Economic Development Approve Resolution establishing policy on an infrastructure incentive package for properties within the Enterprise Charlotte Airport Park (ECAP) and direct staff to pursue an inter-local agreement with the City of Punta Gorda to establish a mechanism to reimburse for water and sewer improvements. 3. Community Development Consider amendments to the proposed agreement in accordance with the infrastructure with the incentive package with ECAP. 4. Administration Consider and adopt a Resolution ordering and providing for a referendum election to determine if the electors of the County approve in a referendum election on November 2, 2004, any or all of three proposed amendments to the County Charter as submitted by the duly appointed Charter Review Commission. 5. County Attorney Approve increase to the contract with Bryant Miller and Olive in the amount of $350,000 to continue the negotiations and drafting of a contract with Lennar Homes, and to advise and participate in the eminent domain for the Murdock Village Redevelopment Project. Z. 10:00 A.M. 1. VII. PUBLIC HEARING AGENDA Northwest Port Charlotte Street and Drainage Unit Consider an Ordinance amending the purpose of the Northwest Port Charlotte Street and Drainage Unit to permit funds derived from the Unit to be used for beautification and landscaping of the rights-of-way within the boundaries of the Unit. VIII. PRESENTATION AGENDA AA. 10:00 A.M. 1. Presentation on Action Plan Update to Phosphate. Ed De la Parte, Jr., presenting an update to the Board s Phosphate Action Plan. 2. Shell & Prairie Creek Stakeholders. Presentation and discussion on the Shell & Prairie Creek Reasonable Assurance Documentation Plan by SWFWMD, to address Total Maximum Daily Load issues within the watershed; and recommend the Board approve the June 2004 draft of the Reasonable Assurance Documentation Plan; and authorize staff to finalize the Plan; and authorize the Chairman to sign the Shell & Prairie Creek Watershed Management Plan Stakeholder Agreement. Charlotte County Board of County Commissioners Page 12 of 18

13 3. Lennar Murdock Village Plan. Representatives from Lennar will present revisions to the Murdock Village design concept plan. Charlotte County Board of County Commissioners Page 13 of 18

14 XI. 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. BB. County Administrator: CC. County Attorney: DD. Commissioner Comments: Commissioner Matthew D. DeBoer, Chairman Commissioner Tom D Aprile, Vice Chairman Commissioner Adam Cummings Commissioner Mac Horton Commissioner Sara Devos X. PLANNING AND ZONING AGENDA EE. 2:00 p.m. FUTURE LAND USE MAP AMENDMENTS: Legislative hearing: fairly debatable policy decision. a. Staff recommendations b. Applicant presentation c. Citizen comments d. Board discussion and decision 1. PA District IV An Ordinance Pursuant to Section (1)(C), Florida Statutes, adopting a Small Scale Future Land Use Map amendment from Neighborhood Business Residential (Charlotte Harbor CRA) to Commercial (Charlotte Harbor CRA), for property located North of Seneca Avenue, South of Harper Avenue, East of Ganyard Street, West of Parmely Street, containing 0.53 acres more or less, in the Charlotte Harbor area; applicant McDonough Plumbing. Community Development Department: Denial Approval REZONINGS, quasi-judicial hearing: Requires disclosure of ex-parte communication sworn testimony substantial competent evidence findings that proposal is consistent with adopted policy. Allows cross-examination of witnesses and rebuttal. a. Staff recommendations b. Applicant sworn testimony and presentation of evidence Charlotte County Board of County Commissioners Page 14 of 18

15 c. Citizen sworn testimony and presentation of evidence d. Board discussion and decision 2. Z District IV An Ordinance approving an amendment to the Charlotte County Zoning Atlas from Neighborhood Business Residential (Charlotte Harbor CRA) to Commercial Intensive (Charlotte Harbor CRA), for property located North of Seneca Avenue, South of Harper Avenue, East of Ganyard Street, West of Parmely Street, containing 0.53 acres more or less, in the Charlotte Harbor area; applicant McDonough Plumbing. Community Development Department: Denial Approval 3. Z District III An Ordinance approving an amendment to the Charlotte County Zoning Atlas from Commercial General (CG) to Commercial Intensive (CI), for properties located East of Cape Haze Drive, West of Haitian Drive, South of Kendall road and North of Haitian Road, containing 2.07 acres more or less, in Rotonda Shores area; Z , applicants J & S Enterprises L.C. Community Development Department: Denial Denial 4. Z District III An Ordinance approving an amendment to the Charlotte County Zoning Atlas from Residential Multifamily-15 to Office, Medical, and Institutional, for property located North of Blue Bird Lane, South of S. McCall Road (S.R.776), East of Meadowlark Lane, West of Cardinal Lane, containing 0.20 acres more or less, in the Englewood area; applicant Mr. Thomas A. Shershenovich. Community Development Department: Denial Approval 5. Z District III An Ordinance approving an amendment to the Charlotte County Zoning Atlas from Residential Singlefamily-3.5 to Residential Single-family-2, for 243 lots located North and East of Lemon Bay, South and West of C.R. 775, containing 160 acres more or less, in the Cape Haze area; applicant Cape Haze Property Owners Association. Community Development Department: Approval Approval FUTURE LAND USE MAP AMENDMENTS: Legislative hearing: fairly debatable policy decision. a. Staff recommendations b. Applicant presentation c. Citizen comments d. Board discussion and decision 6. PA LS District III Charlotte County Board of County Commissioners Page 15 of 18

16 Pursuant to Section (3), Florida Statutes, transmit to the Department of Community Affairs a Large Scale Plan Amendment to the Future Land Use Map for two Charlotte County Fire/EMS Stations, two Englewood Area Fire Stations, and the Rotonda West Reverse Osmosis & Waste Water Treatment Plant. The fire stations are Charlotte County Station #10 at 101 Gasparilla Way on Don Pedro Island, Charlotte County Station #14 at 9495 Placida Rd in Englewood, Englewood Station #2 at 5000 Placida Road, and Englewood Station #4 at 403 and 405 Boundary Blvd. The Rotonda West Reverse Osmosis & Waste Water Treatment Plant is located at 3740 Kendall Road. The requested change is from Low Density Residential, Medium Density Residential, High Density Residential, and Commercial Corridor to Public Lands and Facilities; containing acres more or less; applicant Charlotte County Board of County Commissioners. Community Development Department: Approval Approval 7. PA LS District I, II & III Pursuant to Section (3), Florida Statutes, transmit to the Department of Community Affairs a Large Scale Plan Amendment to the Future Land Use Map from Agriculture, Low Density Residential, Medium Density Residential, Commercial Corridor, and Preservation to Preservation and Resource Conservation for property owned by the State of Florida and located throughout Charlotte County, containing 900 acres more or less; applicant Charlotte County Board of County Commissioners. Community Development Department: Approval Approval 8. PA LS District I Pursuant to Section (3), Florida Statutes, transmit to the Department of Community Affairs a Large Scale Plan Amendment to the Future Land Use Map from Resource Conservation to Agriculture for 120 acres more or less of privately owned property located North of C.R. 74 and East of S.R. 31, known as Golden Ranches unrecorded plat; applicant Charlotte County Board of County Commissioners. Community Development Department: Approval Approval STREET/PLAT VACATIONS legislative hearing: fairly debatable policy decision. a. Staff recommendations b. Applicant presentation c. Citizen comments d. Board discussion and recommendation 9. SV District III The Condominium Association For The Beach Place, Inc. is requesting a street vacation for a portion of 2 parcels of land on Gulf Blvd lying in Section 32, Township 41S, Range 20E. The site is located North of Lemon Bay, East of the Gulf of Mexico, South of Gulf Blvd, West of Palm Drive, Englewood area. The site contains 0.14± acres, more or less. A complete legal description is on file. Community Development Department: Denial 2:2 Vote Charlotte County Board of County Commissioners Page 16 of 18

17 PRELIMINARY PLATS quasi-judicial hearing: Requires disclosure of ex-parte communication sworn testimony substantial competent evidence findings that proposal is consistent with adopted policy. Allows cross-examination of witnesses and rebuttal. a. Staff recommendations b. Applicant sworn testimony and presentation of evidence c. Citizen sworn testimony and presentation of evidence d. Board discussion and decision 10. PP District I Triangle Acres Trust is requesting a Preliminary Plat approval for Triangle Acres Center, consisting of a 6 commercial lot subdivision lying in Section 7, Township 40 South, Range 23 East. The site is located East and South of the Kings Highway and west of I-75; containing 14.2 acres, more or less. Community Development Department: Approval with 4 conditions Approval with 4 conditions 11. PP District I SW Florida Land 6, LLC is requesting a Preliminary Plat approval for Devonshire, consisting of a 350 lot single family subdivision lying in Section 19 & 30, Township 40 South, Range 23 East. The site is located North-East of US 41, North of Harborview Road and west of I-75; containing acres, more or less. Community Development Dept.: Approval with 4 conditons Approval with 4 conditons Schedule of Future Closures/Hearings/Workshops Thursday August 17, :00 pm Board of County Commissioners Meeting Planning & Zoning Agenda Tuesday August 24, :00 am Board of County Commissioners Meeting Monday September 6, Charlotte County Administration offices closed in honor of Labor Day Thursday September 9, :00 pm Charter Review Commission Thursday September 9, :01 pm First Public Hearing for the Budget Tuesday September 14, :00 am 2:00 pm Board of County Commissioners Meeting Planning & Zoning Agenda Thursday September 23, :01 pm Final Public Hearing for the Budget Tuesday September 28, :00 am Board of County Commissioners Meeting Tuesday October 12, :00 am Board of County Commissioners Meeting Charlotte County Board of County Commissioners Page 17 of 18

18 2:00 pm Planning & Zoning Agenda Tuesday October 26, :00 am Board of County Commissioners Meeting Tuesday November 9, :00 am 2:00 pm Board of County Commissioners Meeting Planning & Zoning Agenda Thursday November 11, Charlotte County Administration offices closed in honor of Veteran s Day Tuesday November 23, :00 am Board of County Commissioners Meeting Thursday & Friday November 25 & November 26, Charlotte County Administration offices closed two days in honor of Thanksgiving Tuesday December 14, :00 am 2:00 pm Board of County Commissioners Meeting Planning & Zoning Agenda Thursday & Friday December 23, 2004 & Friday 24, Charlotte County Administration offices closed two days in honor of Christmas All Board of County Commissioner meetings are broadcast live on CCTV-20, Comcast channel 20. CCTV-20 is the Charlotte County Government channel and the weekly programming schedule is available at the County website at The meetings are also streamed live on the County website, and are then archived for viewing on-demand. P/:AGENDA/2004August10pdf.doc Charlotte County Board of County Commissioners Page 18 of 18