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

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COUNTY OF CHARLOTTE Board of County Commissioners 18500 Murdock Circle Port Charlotte, FL 33948 www.charlottecountyfl.com 2/23/04 12:48 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, March 09, 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 Reverend Bob McDuffie El Jobean Baptist Church 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 2 V. Consent Agenda...page 3 VI. Regular Agenda...page 9 10:00 A.M VII. Public Hearing Agenda...page 9 VIII. Citizen Input Any Subject...page 9 2:00 P.M. IX. Workshop Agenda... page 10

Proclamations Commissioner Sara Devos Great American Cleanup Day Knights of Columbus, Tootsie Roll Drive Days Poppy Days Purchasing Month in Charlotte County Red Cross Month 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: Affordable Housing Advisory Committee, (1) volunteer member-at-large representative for a three year term. Beaches & Shores Advisory Committee, (1) resident of Charlotte County District #4. Construction Board of Adjustments & Appeals, (1) volunteer for an alternate representative appointment for a three year term. Charlotte Harbor Redevelopment Agency, (1) volunteer who resides in the Community Redevelopment area. Parks & Recreation Advisory Board, (1) volunteer who resides in District #5. Tourist Development Council, (1) volunteer who can represent the Tourist Industry for a four year term. IV. REPORTS RECEIVED & FILED Article V Budget/Funding Committee Meeting Charlotte County Board of County Commissioners Page 2 of 12

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 01/27/04 9:00 a.m. BCC Regular Meeting 01/29/04 2:05 p.m. Murdock Village Workshop C. Budget Office 1. Approve Budget Transfers and Amendments. Recommended Action: (a) Approve Budget Transfers #04-18 to adjust carryover balances for various account lines for the FY2003/2004 budget; and (b) Approve Budget Amendments #04-A17, #04-A18, #04-A19, #04-A20, and #04-A21 to adjust carryover balances for various account lines for the FY2003/2004 budget. D. Community Development 1. Approve the construction of 13 multi-family buildings for a total of 256 affordable housing apartment units, a clubhouse and pool located at 1601 Kings Highway, in Port Charlotte, Florida; in the Sandhill DRI. Recommended Action: Approve Resolution for Partial Final Detail Plan approval for Deer Run Apartments (DRC-PD-80-4YY). 2. Approve the transfer of the requested funds to enable Community Development staff to retain professional services, as needed, to develop and complete the community plan for Don Pedro/Knight Island area. (Budgeted Action: Funding for this expenditure comes from the Public Safety Reserves.) Recommended Action: Approve Budget Transfer #04-028 in the amount of $50,000.00 to retain professional services to revise the plan for Don Pedro/Knight Island Area. 3. Set two Public Hearings for rezoning: Z-03-12-52 (Charlotte County Community Development). The first to be held on March 9, 2004, at 2:00 p.m., and the second for March 23, 2004, at 10:00 a.m. or as soon thereafter as may be heard, thereby electing the second hearing to be held at a time other than after 5:00 p.m. in accordance with Section 125.66, F.S. Charlotte County Board of County Commissioners Page 3 of 12

Recommended Action: Set the Public Hearings. D. Community Development 4. Set two Public Hearings for rezoning: Z-03-12-53 (Charlotte County Community Development). The first to be held on March 9, 2004, at 2:00 p.m., and the second for March 23, 2004, at 10:00 a.m. or as soon thereafter as may be heard, thereby electing the second hearing to be held at a time other than after 5:00 p.m. in accordance with Section 125.66, F.S. Recommended Action: Set the Public Hearings. E. Economic Development 1. Approve this Applicant who has qualified for $7,250.00 in Employment Incentives on the basis of nine [9] new Quality Jobs. (Budgeted Action: Amount of $285,613.00; funding for this expenditure comes from the Economic Incentive Fund through Occupational License Fees.) Recommended Action: Approve Program Agreement with Seabreeze Electric, Inc., a Florida Corporation for the Economic Incentive Development Program. 2 Set a Public Hearing for March 9, 2004, at 10:00 a.m., or as soon thereafter as may be heard, to consider an Ordinance that amends the Economic Incentive Development Code to implement recommendations developed by Enterprise Charlotte as a result of Enterprise Charlotte s annual review of the Code. Recommended Action: Set a Public Hearing. F. Facilities Construction & Maintenance 1. Fire/EMS Station #13 is one of the stations in West County slated for replacement in the previous Sales Tax Program. Station #13 is in the process of being constructed off of San Casa Blvd. This easement affords Florida Power & Light a ten foot wide area to install and maintain the necessary overhead and underground electrical service. G. General Services Recommended Action: Approve Resolution authorizing the Chairman to sign the Utility Easement with Florida Power and Light Company for electrical service to Fire/EMS Station #13 in West County. 1. Approve Change Order with Frederick Derr & Co. Inc., for U.S. 41 project. (Budgeted Action: FY04 amount is $2,770,000.00; Sales Tax 2002 Extension, improvements for this change order. Funding for the original contract and prior Change Orders was from the Greater Port Charlotte MSBU and 1998 Sales Tax Extension for other Capital Improvements Projects.) Recommended Action: Approve Change Order #4 to Contract #03-214, Sidewalks as part of the US 41 Beautification Project at Peachland Blvd, Atwater Street, and Sommerset Street, to Frederick Derr & Co., Inc., of Sarasota, Florida, in the amount of $124,469.73, with a revised total contract of $600,628.37, and a 101 calendar day contract extension with a revised completion date of May 6, 2004. Charlotte County Board of County Commissioners Page 4 of 12

2. Approve Change Order to provide for shoulder restoration for the roadways in the Deep Creek MSBU. (Budgeted Action: FY04 Deep Creek Project total $375,000.00 and amount available for this Change Order is $350,000.00. Funding supplied from the Deep Creek Maintenance MSBU.) Recommended Action: Approve Change Order #4 to Contract #03-484, North County Paving Program, to AJAX, Inc., of Nokomis, Florida, in the amount of $196,886.40 with a revised total contract amount of $3,601,738.80. 3. Approve Amendment for the services of an experienced and qualified engineering consultant to conduct preparation of construction, documents and permitting for a Linear Park. (Budgeted Action: $1,000,000.00 budgeted for design from Capital Outlay, Bayshore Live Oaks Park. Funding comes from 2002 Sales Tax Extension Funds.) Recommended Action: Approve Amendment #1 for Contract #98-207, Bayshore Linear Park Master Site Plan, with Dufresne-Henry Engineering, Inc., of Port Charlotte, Florida, for an amount of $377,800.00, for a revised total contract amount of $410,064.80. 4. The Board approved the Contract for Phases 1 and 2 for the new central library (Library Master Plan, Programming, Architectural Design, and Site Planning.) Changes are for additional design work involving revisions requested for the interior of the facility. Approve the next phase for additional design work. (Budgeted Action: $7,508,000.00 total Budget including contingency; $433,060.00 for design contract, with an additional $10,233.00 to be taken from $148,254.00 Construction Contingency Fund. Funds are provided from 2002 Sales Tax Extension Fund.) Funds are provided from 1998 Sales Tax Extension Fund.) Recommended Action: Approve Amendment #3 to Contract #01-187, Charlotte County Central Library Facility Planning and Design with Spillis Candela & Partners, Inc., in the amount of $10,233.00, for a total revised Contract amount of $443,293.00. 5. Approve the current and future engineering, regulatory and operational reports, analysis, and studies for Solid Waste projects. (Budgeted Action: $300,000.00 budgeted in Solid Waste Fund, Engineering Services. Funding for this expenditure comes from the Solid Waste Fund/Landfill fees.) Recommended Action: (a) Approve the Start of Negotiations with the first ranked firm, SCS Engineers, Inc., Tampa, Florida, for RFP 04-060, Solid Waste Engineer of Record; and (b) Authorize the Chairman to sign the contract after negotiations have been completed. 6. Approve the proposal to obtain the services of an experienced and qualified professional engineering firm for the design, permitting and construction of sidewalks along the south side of Peachland Blvd. from Forest Nelson Blvd. to Loveland Blvd. (Budgeted Action: FY04 project total is $181,000.00 Sidewalks/Schools. Amount for this contract is $150,000.00; funding is from the 2002 Sales Tax Extension Funds.) Recommended Action: (a) Approve Negotiations for Request for Proposal #04-109 Design Peachland Blvd., Sidewalks with the first ranked firm, Giffels Webster of Pt. Charlotte, Florida; and (b) Authorize the Chairman to sign the contract upon successful negotiations by the Committee, provided the total amount does not exceed $150,000.00. Charlotte County Board of County Commissioners Page 5 of 12

H. General Services Real Property Services 1. Approve the release of a portion of a twenty (20) foot wide canal maintenance easement located in Lot 8, Block 3006, Port Charlotte Subdivision, Section Fifty-Five. The purpose of the request is to enable the use of a portion of the canal maintenance easement as part of the proposed improvement s overall building footprint. The property address is 1049 Cheshire Street. Recommended Action: Approve the attached 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 8, Block 3006, Port Charlotte Subdivision, Section Fifty-Five, in Charlotte County, Florida. (Owner: Veronica M. Byrne). 2. Approve the release of a portion of a ten (10) foot wide utility and drainage easement, and a portion of a twenty (20) foot wide canal maintenance easement, both located in Lot 77, Block 619, Port Charlotte Subdivision, Section Forty-One. The purpose of the request is to enable the use of the portion of the utility and drainage easement, and the portion of the canal maintenance easement for portion of roof overhang, and portion of pool, deck and cage, which are proposed parts of the overall building footprint for a single-family residence. The property address is 2514 Como Street. Recommended Action: Approve the attached 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 twenty (20) foot wide canal maintenance easement, both located in Lot 77, Block 619, Port Charlotte Subdivision, Section Forty-One, in Charlotte County, Florida. (Owner: Rosario Caradonna). 3. Approve the release of a portion of a recorded twenty (20) foot wide canal maintenance easement per Official Record Book 1591, Pages 1746-1752 of the Public Records of Charlotte County, Florida and a portion of a platted twenty-five (25) foot wide canal maintenance easement, both located in Lot 6, Block 3302, Port Charlotte Subdivision, Section Forty-Four. The purpose of the request is to clear title to the property. The improvements were constructed circa 1988 and the current owner was the owner of record at the time of construction. The property address is 17143 O'Hara Drive. 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 recorded twenty (20) foot wide canal maintenance easement per Official Record Book 1591, Pages 1746-1752 of the Public Records of Charlotte County, Florida and a portion of a platted twenty-five (25) foot wide canal maintenance easement, both located in Lot 6, Block 3302, Port Charlotte Subdivision, Section Forty-Four, in Charlotte County, Florida. (Owner: Mary M. Gregory). 4. Approve the release of portions of two ten (10) foot wide utility and drainage easements located along the lot line separating Lots 14 and 17, and the two ten (10) foot wide utility and drainage easements located in Lots 15 and 16, all located in Block 4424, Port Charlotte Subdivision, Section Eighty-Two. The purpose of the request is to enable the use of the four lots as a single building site for the construction of a singlefamily residence. The property addresses are 15635, 15655, 15679 and 15699 Stuart Circle. Recommended Action: Approve the Resolution authorizing the Chairman of the Charlotte County Board of County Commissioners to execute a County Deed releasing portions of two Charlotte County Board of County Commissioners Page 6 of 12

ten (10) foot wide utility and drainage easements located in Lots 14 and 17, and the two ten (10) foot wide utility and drainage easements located in Lots 15 and 16, all located in Block 4424, Port Charlotte Subdivision, Section Eighty-Two, in Charlotte County, Florida. (Owners: Jay Lund and Diana Lund). 5. Approve acquisition to acquire a vacant lot in Pt. Charlotte on the Haverhill Waterway to allow Charlotte County Environmental Services permanent access to the Haverhill Waterway for Aquatic Weed maintenance program. Public Works will also use this access point for general canal maintenance. (Budgeted Action: FY04 budgeted for $13,000.00 (Aquatic Weed) plus additional $1,000.00. The Mid- Charlotte Stormwater Utility will have savings in the Contract Services-Other line to allow for the purchase of this property. Funding for this purchase is $6,500.00 from General Fund (Aquatic Weed) and $6,500.00 from the Mid Charlotte Stormwater Utility District.) Recommended Action: Approve the Resolution approving and ratifying the Agreement for the purchase and sale of Real Property, Lot 7, Block 1439, Port Charlotte Subdivision, Section 27, as recorded in Plat Book 5, Page 20C of the Public Records of Charlotte County, Florida, according to Official Record Book 1793 Page 1559 of the Public Records of Charlotte County, Florida. 6. Approve acquisition to acquire a vacant lot in Pt. Charlotte on the Dorchester Waterway. The acquisition will allow Charlotte County Environmental Services to have permanent access to the Dorchester Waterway for Aquatic Weed maintenance program. Public Works will also use this access point for general canal maintenance. (Budget Action: FY04 budgeted amount is $18,000.00 and $6,000.00. Funding is $5,000 from General Fund (Aquatic Weed), and $5,000.00 from the Mid Charlotte Stormwater Utility District.) Recommended Action: Approve Resolution approving and ratifying the Agreement for the purchase and sale of Real Property, to purchase Lot 24, Block 866, Port Charlotte Subdivision, Section 34, as recorded in Plat Book 5, Page 38 of the Public Records of Charlotte County, Florida, according to Official Record Book 1526 Page 565 of the Public Records of Charlotte County, Florida. 7. Approve request for easement regarding the County s need to maintain the drainage swale that runs along the Acline Road frontage of the Beaumont s property. There are no costs to the County. Recommended Action: Approve Resolution accepting a permanent fifteen-foot wide drainage and utility easement from Gary R. Beaumont and Sallie A. Beaumont for drainage and utility purposes in a certain portion of Section 28, Township 41 South, Range 23 Ease, in Charlotte County, Florida. J. Human Resources Risk Management 1. Approve Settlement Agreement. (Budgeted Action: Funding from Workers Comp. Claims Account.) Recommended Action: Approve a Workers Compensation Settlement of $125,000.00 for Frank Reis vs. Charlotte County. K. Information Technology Charlotte County Board of County Commissioners Page 7 of 12

1. Approve the second year of a three year program to convert existing platted subdivisions into Coordinate Geometry digital files for the GIS Base Map. (Budgeted Action: GIS Department did a budget of $35,000.00 for this activity to match the Florida Department of Revenue.) L. Public Works Recommended Action: Approve Memorandum of Understanding between the Florida Department of Revenue, Charlotte County Property Appraiser and Charlotte County Board of County Commissioners to share funding for Digital Map Conversion. (IE: COGO platted property in West and South County). 1. Approve agreement for the widening project on Aqui Esta Drive. (Budgeted Action: FY04 Budget is $1,034,000.00 Aqui Esta widening. Total project cost is estimated at $17,400,000.00 with the net cost to the County of $1,100,000.00. The County will front funds for ROW acquisition in FY04/05 in the amount of $3,086,500.00 from borrowing. Sufficient funds may be available from the pooled commercial paper loan approved by the Board of County Commissioners, on 1/13/04 due to paving contracts being lower than anticipated. The County s portion of this project supplied from Gas Tax and the 2002 Sales Tax Entension Funds.) Recommended Action: (a) Approve Resolution for Local Agency Program (LAP) Agreements #405114-2 and #412642-1 with the State of Florida Department of Transportation (FDOT) for the construction of additional lanes on Aqui Esta Drive from U.S. 41 to Magdalina Drive; and, preliminary Engineering services from Magdalina Drive to Bal Harbor Blvd.; and (b) Approve the Interlocal Agreement with the City of Punta Gorda requiring matching funds for the project; and (c) Authorize the Chairman to execute the Agreement and other documents relative to these projects. Charlotte County Board of County Commissioners Page 8 of 12

VI. REGULAR AGENDA M. Regular Business 1. Administration Murdock Village RFP update. 2. Human Services Approve the recommendation of the selection committee and the Affordable Housing Committee to award SHIP Funds to two developers of multi-family rental housing for a total amount of $300,000.00. N. 10:00 A.M. 1. VII. PUBLIC HEARING AGENDA Farabee Road Street & Drainage MSBU Consider the adoption of a resolution of intent to use the uniform method of collection of non-ad valorem assessments for the Farabee Road Street and Drainage Municipal Service Benefit Unit. VIII. 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. P. County Administrator R. County Attorney S. Commissioner Comments Commissioner Matthew D. DeBoer, Chairman Commissioner Tom D Aprile, Vice Chairman Commissioner Adam Cummings Commissioner Mac Horton Commissioner Sara Devos Charlotte County Board of County Commissioners Page 9 of 12

T. 2:00 P.M. IX. WORKSHOP AGENDA 1. South County Stormwater & County-Wide Dredging This workshop is to provide specific program details and assessment options in conjunction with establishing a Countywide Maintenance Dredging Program and a South County Stormwater Utility Unit. 3:00 P.M. 2. U.S. 41 Beautification Project Review the details of the proposed improvements for the U.S. 41 corridor; specifically, along the west side of the roadway from West Tarpon Boulevard to Pt. Charlotte Boulevard. Charlotte County Board of County Commissioners Page 10 of 12

SCHEDULE OF FUTURE CLOSURES/HEARINGS/WORKSHOPS Tuesday 10:00 am Farabee Road Street & Drainage MSBU- Murdock Administration Center, Room #119 Tuesday 2:00 pm Board Workshop South County Stormwater & County Wide Dredging - Murdock Administration Center, Room #119 Tuesday 3:00 pm Board Workshop U.S. 41 Beautification Program- Murdock Administration Center, Room #119 Tuesday March 9, 2004 9:00 am Regular Meeting Board of County Commissioners, Murdock Administration Center, Room #119 Thursday March 11, 2004 4:00 pm Charter Review Commission Tuesday March 23, 2004 9:00 am Regular Meeting Board of County Commissioners, Murdock Administration Center, Room #119 Thursday April 8, 2004 4:00 pm Charter Review Commission Thursday April 15, 2004 4:00 pm Charter Review Commission Monday May 31, 2004 Charlotte County Administration offices closed in honor of Memorial Day. Monday July 5, 2004 Charlotte County Administration offices closed in honor of July 4, 2004. You can access the Agenda on line by visiting Charlotte County's website: www.charlottecountyfl.com 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 Board of County Commissioners Page 11 of 12

Charlotte County Administrator s Office 18500 Murdock Circle, Room 538 Port Charlotte, FL 33948-1094 (941) 743-1944 Fax: (941) 743-1554 www.charlottecountyfl.com Revised Agenda Update To: From: Honorable Board of County Commissioners Kelly A. Shoemaker, Assistant to the County Administrator Date: February 23, 2004 Subject:, Agenda Additions have been made to the Board of County Commissioners, Agenda as follows: Addition No. 1 Proclamation Rebecca Neal Owens Day Requested by: Explanation: County Attorney Just received Addition No. 2 M. 3 Regular Business Approve the DRC-PD-03-04 Final Detail Plan Resolution permitting Armandal, L.L.C. to develop the Harley Davidson Dealership. Requested by: Explanation: Community Development Just received Charlotte County Board of County Commissioners Page 12 of 12