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

Transcription

1 COUNTY OF CHARLOTTE Board of County Commissioners Murdock Circle Port Charlotte, FL /10/04 9:59 AM 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 25, 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 Church Pledge of Allegiance Changes to the Agenda... See separate sheet I. Special Recognition...page 2 II. Citizen Input Agenda Items only...page 3 III. Committee Vacancies...page 4 IV. Reports Received and Filed...page 4 V. Consent Agenda...page 5 VI. Regular Agenda... page 10 VII. Public Hearing... page 10 VIII. Citizen Input Any Subject... page 11 2:00 A.M. IX. Planning and Zoning Agenda...page12

2 I. SPECIAL RECOGNITION Employee Recognition Commissioner Adam Cummings and County Administrator Bruce Loucks William H. MacDonald 5 yrs. Parks, Recreation and Cultural Resources Janet F. McCloud 5 yrs. Parks, Recreation and Cultural Resources Danny J. White 10 yrs. Human Services Mary Jane Ackerman 15 yrs. Commission Office Barbara A. Kula 15 yrs. Environmental and Extension Services John D. Elias 15 yrs. Public Works Judy Hunter 15 yrs. Public Works Those from Fire/EMS will not be in attendance Felix Hernandez 5 yrs. Firemedic Diane P. Scudder 25 yrs. Paramedic Special Employee Recognition Presented by Human Resources Director Maggie Kain, County Administrator, Bruce Loucks. Manager/Supervisor Certificate Awards LEVEL I JoAnn Crombie Kevin Edwards James Huish Kathleen Johnson Robert Lyle Michael Martindell Bill Montgomery Sherry Montgomery Jorge Perez-Gutierrrez Tom Orlosky James Pontibrand Charles Rine Larry Schmidt Janet Wagner Betty Williams Human Services G.I.S. Public Works Parks, Recreation & Cultural Resources Communications and Marketing Community Development Environmental and Extension Services Economic Development Charlotte County Board of County Commissioners Page 2 of 15

3 Manager/Supervisor Certificate Awards (continued) LEVEL I & II Joann Dillon Stacey Miller Jenine Thornley Commission Office Commission Office Commission Office LEVEL II Dennis Decker Cathy Kiesel Employee Relations Proclamations - Commissioner Tom D Aprile National Police Week May 15-18, 2004 and Florida State Law Enforcement Officers Memorial Day May 18, 2004 Charlotte County Tourism Week May 9-15, 2004 Bicycle Month May, 2004 Dorothy W. Mattoon, Arts and Humanities Council Artist of the Month May, 2004 Dog Bite Prevention Week May 19-25, 2004 Charlotte County Public Schools Teacher of the Year - Coach Frank Lock Day HSMAI AWARD Charlotte County Visitor s Bureau Earns Top Promotional Award Charlotte County Visitor s Bureau has earned top honors from the Hospitality Sales and Marketing Association International (HSMAI) Golden Bell Public Relations Travel Awards Competition presented January 26, 2004 in New York City. The Charlotte County Visitor s Bureau won a Bronze Merit Award in the Golden Bell Public Relations category for its promotional efforts on behalf of last year s ESPN Redfish Cup Tournament and Festival. 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. Charlotte County Board of County Commissioners Page 3 of 15

4 III. 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. Applicant on agenda. 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. Applicant on agenda. IV. REPORTS RECEIVED AND FILED Charlotte County Board of County Commissioners Page 4 of 15

5 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 04/13/04 9:00 a.m. BCC Regular Meeting Board of County Commissioners C. Commission Office 1. Appoint Bob DiMuzio, representing Pirate Harbor Yacht Club, to the Marine Advisory Committee to fill the unexpired term of Mr. Roland Schindler. Recommended Action: Approve the appointment of Bob DiMuzio, representing Pirate Harbor Yacht Club, to the Marine Advisory Committee. 2. Reappoint Richard G. Galambos, as the District #4 representative on the Planning and Zoning Board. Recommended Action: Approve the reappointment of Richard G. Galambos, as the District #4 representative on the Planning and Zoning Board for a four year term. 3. Reappoint Ann Dever, as the District #3 representative to the Recreation and Parks Advisory Board for a three year term. Recommended Action: Approve the reappointment of Ann Dever to the Recreation and Parks Advisory Board. D. Economic Development 1. Approve incentives for First Financial Employee Leasing, Inc., who meet the economic requirements and are eligible to participate in the Economic Incentive Development Program. (Budgeted Action: Budgeted amount: $285,613.00; funding for this expenditure comes from the Economic Incentive Fund through Occupational License Fees.) Recommended Action: Approve the Program Agreement with First Financial Employee Leasing, Inc., a Florida Corporation, for the Economic Incentive Development Program. Charlotte County Board of County Commissioners Page 5 of 15

6 D. Economic Development 2. Approve incentives for Pulsafeeder, Inc., who meets the economic requirements and are eligible to participate in the Economic Incentive Development Program. (Budgeted Action: Budgeted amount: $285,613.00; funding for this expenditure comes from the Economic Incentive Fund through Occupational License Fees.) Recommended Action: Approve the Program Agreement with Pulsafeeder, Inc., a Florida Corporation, for the Economic Incentive Development Program. E. Environmental Services 1. 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 amending the regulations regarding access and screening enclosures for dumpsters, compactors and recycling dumpsters. F. General Services Recommended Action: Set the Public Hearing. 1. Approve the change order to rectify actual installed quantities (with contract estimates) for the installation of approximately 24,000 linear feet of low-pressure force main for Area G sewer Expansion. (Budgeted Action: Amount available for this bid is $4, System Growth Fund.) Recommended Action: Approve Change Order #6 to Contract #03-114, Sanitary Sewer Expansion Area G, with E.T. MacKenzie of Florida, Inc., of Bradenton, FL, in the amount of $3, Approve deletion of property inventory items deemed unusable. Recommended Action: Approve deletion of the property inventory items for the month of May, Approve the change order that represents additional landscaping and irrigation as well as corrections to the wall at the new Mid County Library. (Budgeted Action: Addition of $114, to Landscape Contract. Funding is available from 1998 Sales Tax Funds.) Recommended Action: Approve Change Order #1 to Contract #03-505, Construction and Landscape Installation-Mid County Library, with L.A.M., Inc., for the amount of $114, with a revised total contract amount of $434, Approve the amendment to South County Regional Park construction contract to include the construction of the gym, pedestrian plazas and site electrical work. Mathews Taylor Construction, LLC, has submitted a guaranteed maximum price of $4,465, in addition to the Phase 1, 2 and 3 guaranteed maximum prices for a total guaranteed maximum price to date of $9,588, (Budgeted Action: Funding for this expenditure comes from the 2002 Sales Tax Extension Fund, Impact Fees and Ad Valorem Taxes.) Recommended Action: Approve Amendment #4 to Contract #03-295, South County Regional Park Construction Management, with Mathews Taylor Construction, LLC, for the Guaranteed Maximum Price (GMP) of $4,465,797.00, for the gym, pedestrian plazas and site electrical work. Charlotte County Board of County Commissioners Page 6 of 15

7 F. General Services 5. Approve Work Assignment FV to provide engineering consulting services to prepare a County-Wide Water Supply Master Plan to meet the current and future water resource needs of the County. The Plan will expand work presented in the recently approved CCU Water Supply Work Plan to cover all water suppliers in the County. It will evaluate current water sources, potential future water sources, water conservation, existing water resource, including storm water and ground water, and will evaluate the infrastructure required to serve the current and future water needs of the County. (Budgeted Action: Budgeted total: $579,000.00; $178, budgeted for this project.) Recommended Action: Approve Work Assignment FV, Contract #00-08, Engineer of Record, for Charlotte County, with Dufresne-Henry, Inc., for the total amount of $178, G. General Services Real Property Services 1. Sylvanie E. Skepple is requesting the release of a portion of a twenty (20) foot wide canal maintenance easement located in Lot 1, Block 3251, Port Charlotte Subdivision, Section Fifty-One. The purpose of the request is to enable the use of a portion of the canal maintenance easement to obtain clear title on an existing portion of pool, deck and cage. The parcel is located in Greater Port Charlotte. The property address is 1360 Hayworth Road. 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 1, Block 3251, Port Charlotte Subdivision, Section Fifty-One, in Charlotte County, Florida. (Owner: Sylvanie E. Skepple). H. Human Services 1. Approve the annual grant fund project in the total amount of $281,717.00, which will fund an estimated 37,562 one way trips by Transit Division Bus or local cab in the Transportation Disadvantaged Program. (Budgeted Action: Included in the proposed Transportation Disadvantaged FY04/05 Budget. Decrease in State funding of $3, below last year reflects grant formula adjustment based on reduced interest earned by TD Trust.) Recommended Action: Approve and execute the annual Transportation Disadvantaged Trust Fund Grant and Resolution. 2. Approve the addendum to the Human Services Transit Division Policy and Procedures for Utilization of Bus Advertising Assets by allowing for the display of Public Service Advertisements regarding health and public safety. No revenue producing advertising will be displaced by this policy. Recommended Action: Approve and execute the addendum to the Charlotte County Human Services Transit Division Policy and Procedures for Utilization of Bus Advertising Assets. Charlotte County Board of County Commissioners Page 7 of 15

8 H. Human Services 3. Approve the rate increase for the diagnostic assessments of allegedly abused and neglected children from $ to $ per exam. The evaluations are provided by the Children s Advocacy Center for suspect children residing in Charlotte County. The rate increase would be effective November (Budgeted Action: Total budgeted amount is $15, ) Recommended Action: Approve Amendment to Agreement # between Charlotte County and Children s Advocacy Center. J. Parks, Recreation & Cultural Resources 1. Approve the following facility dedications: Charlotte County Historical Society recommends the classroom at the Historical Center be dedicated (with a plaque) to Peggy Desguin. The Parks and Recreation Advisory Board approved the nomination by the Bicycle and Pedestrian Advisory Committee to dedicate the trail head on the Cape Haze Pioneer Trail (with a sign) to E. David Johnson. The El Jobean Community League nominated the dedication of the El Jobean Park to Randy Spence. The Parks and Recreation Advisory Board recommended recognition be demonstrated with a sign. Recommended Action: a) Dedicate the Historical Center Classroom for Peggy Desguin; and b) Dedicate the trail head of the Cape Haze Pioneer Trail to E. David Johnson; and c) Dedicate the El Jobean Park to Randy Spence. K. Public Works 1. Approve the Local Agency Program Agreement by which the funds are provided by State of Florida Department of Transportation (FDOT) to construct paved shoulders, guard rail and auxiliary lanes on Burnt Store Road. Recommended Action: Approve Resolution and execute documents for Local Agency Program Agreement (LAP Agreement # ) with the Florida Department of Transportation (FDOT) for the construction of paved shoulders, guard rails and auxiliary lanes, both sides of Burnt Store Road from Notre Dame Boulevard to one mile south of Notre Dame Boulevard. 2. Set a Public Hearing for May 25, 2004, at 10:00 a.m. or as soon thereafter as may be heard, to consider and adopt an Ordinance creating the Farabee Road Street and Drainage Unit (Municipal Service Benefit Unit). Recommended Action: Set the Public Hearing. Charlotte County Board of County Commissioners Page 8 of 15

9 K. Public Works 3. Approve project to upgrade signalization at the intersection of Rampart Boulevard and Luther Road from emergency signal to a complete four way controls. (Budgeted Action: Funding for this segment of the project is provided by a developer contribution [$50,000.00]. Balance to be funded by Impact Fees and Gas Taxes.) Recommended Action: a) Approve Amendment #04-A34, to amend the Road Improvements Section of the approved FY2003/2004 Capital Improvements Program, modifying costs and revenue sources to add a project to signalize the intersection of Rampart Boulevard and Luther Road at an estimated cost of $198,000.00; and b) Approve Budget Transfer #04-036, in the amount of $29,000.00, to augment funding within various accounts to provide for engineering services. L. 1. Approve the Resolutions to delineate the property to be located in the South Gulf Cove Phase V Water and Wastewater MSBU s, approve the estimated costs associated with the water and wastewater facilities, approve the property to be specially benefited by the facilities, establish the method of assessments, direct the County Administrator to prepare a tentative assessment roll and provide for a future public hearing. Recommended Action: a) Approve the adoption of the Initial Assessment Resolutions for South Gulf Cove Phase V Water Distribution Facilities MSBU; and South Gulf Cove Phase V Wastewater Collection Facilities MSBU, and; b) Set a Public Hearing for June 8, 2004, at 10:00 a.m., or as soon thereafter as may be heard, to adopt the Final Assessment Resolutions for the South Gulf Cove Phase V Water and Wastewater MSBU s. Charlotte County Board of County Commissioners Page 9 of 15

10 VI. REGULAR AGENDA M. Regular Business 1. Board of Commissioners Board select by ballot, one candidate to fill the South Gulf Cove Advisory Committee vacancy. 2. Board of Commissioners Board select by ballot, one at-large candidate to fill the Affordable Housing Advisory Committee vacancy. 3. Administration Presentation by James Burkhart, Environmental Administrator with the Charlotte County Health Department regarding the County s requirements relative to Onsite Sewage Treatment and Disposal Systems. 4. Budget Approve funding for acquisition of properties for the Countywide Habitat Conservation Plan by Advancing funds for the currently established.05 mills rate set aside each year in County s CIP for the purchase of environmental lands. 5. Community Development Update and inform the Board of Evaluation and Appraisal Report (EAR) based amendments. 6. Administration Appoint David G. Schlobohm to fill the position of Director, effective on or about May 26, VII. PUBLIC HEARING AGENDA N. 10:00 A.M. 1. Harbour Heights Street and Drainage MSBU Consider and adopt 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. 2. Punta Gorda Non Urban Street and Drainage Unit Consider and adopt an Ordinance amending the territory of Punta Gorda Non Urban Street and Drainage Unit [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. Charlotte County Board of County Commissioners Page 10 of 15

11 N. VII. PUBLIC HEARING AGENDA 3. South Gulf Cove Waterway Unit 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. 4. Rotonda Meadows/Villas Street and Drainage Unit 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. 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 Q. County Attorney R. 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 11 of 15

12 S. 2:00 p.m. IX. PLANNING AND ZONING AGENDA PETITIONS AGENDA A PLAN AMENDMENT AND REZONINGS FUTURE LAND USE MAP AMENDMENTS: ORDINANCES, TEXT AMENDMENTS, AMENDMENTS TO CHAPTER 3-9, COUNTY CODE, PLAT AND STREET VACATIONS: (Legislative hearing: fairly debatable policy decision) 1. Staff recommendations 3. Citizen comments 2. Applicant presentation 4. Board discussion and decision Rezonings: NOTICE OF PROPOSED CHANGE, SUBSTANTIAL DEVIATION FROM A DEVELOPMENT ORDER, TRANSFER DEVELOPMENT RIGHTS, SPECIAL EXCEPTION TO EXPAND EXISTING BUSINESS, AND PLATS: 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. 1. Staff recommendations 3. Citizen sworn testimony and presentation of evidence 2. Applicant sworn testimony & presentation of evidence 4. 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 To The Charlotte County Comprehensive Plan From Low Density Residential (LDR) To Commercial Center (CC), for property located North of Eleanor Avenue, South of Lace Terrace, East of Halsey Street, and West of Cornelius Boulevard, containing 6.77 acres more or less, in the Port Charlotte area, Petition PA , Applicant Semyon Popovetsky; Providing an Effective Date. Recommendation: Community Development Department: APPROVAL Planning and Zoning Board: APPROVAL 2. Z District IV An Ordinance Approving An Amendment To The Charlotte County Zoning Atlas From Residential Single- Family (RSF-3.5) To Commercial General (CG) for property located North of Eleanor Avenue, South of Lace Terrace, East of Halsey Street, and West of Cornelius Boulevard, containing 6.77 acres more or less, in the Port Charlotte Area, Petition Z , Applicants Semyon Popovetsky; Providing An Effective Date. Recommendation: Community Development Department: APPROVAL Planning and Zoning Board: APPROVAL 3. Z District II An Ordinance Approving An Amendment To The Charlotte County Zoning Atlas From Commercial General (CG) To Commercial Intensive (CI) for property located North of Duncan Rd (US17), South of Marion Avenue, East of Charlotte Street, and West of Florida Street, containing 4.99 acres, more or less, in the Punta Gorda area. Petition Z , Applicants Charles M. Polk Jr. and Paige C. Polk; Providing an Effective Date. Recommendation: Community Development Department: DENIAL Charlotte County Board of County Commissioners Page 12 of 15

13 Planning and Zoning Board: APPROVAL 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. 1. Staff recommendations 3. Citizen sworn testimony and presentation of evidence 2. Applicant sworn testimony & presentation of evidence 4. Board discussion and decision 4. PP District IV Villa Milano, L.L.C. is requesting a Preliminary Plat approval for Villa Milano Subdivision lying in Section Fifteen, Township 40 South, Range 21 East, as per plats thereof Recorded in Plat Book 5, Page 71A-71C, Of The Public Records Of Charlotte County, Florida, located East of Applegate Drive, South of Gennaro Avenue, West of Gramercy Street and North of Tivoli Avenue, containing acres, more or less, in the Port Charlotte area. Recommendation: Community Development Department: APPROVAL Planning and Zoning Board: APPROVAL PLAT VACATIONS legislative hearing: fairly debatable policy decision 1. Staff recommendations 3. Citizen comments 2. Applicant presentation 4. Board discussion and decision 5. PV District III American Trust Realty Partners is requesting a Plat Vacation for Lots 714, 725, 726, 727, 728, 729 and 730 Rotonda Shores, a Subdivision located in Sections Thirty Four and Thirty Five, Township 41 South, Range 20 East, As Recorded In Plat Book 10, Pages 7A through 7N of the Public Records of Charlotte County. The site is located East of Cape Haze Dr. and South of Haitian Rd., in the Southwest portion of Rotonda, containing 3.92 acres more or less, in the El Jobean area. Recommendation: Community Development Department: APPROVAL WITH ONE CONDITION Planning and Zoning Board: APPROVAL WITH ONE CONDITION 6. SV District II Rio Villa Lakes, LLC And Joanne M. & Roger E. Paull are requesting A Plat Vacation of a Portion of Ames Street as Platted in Aqui Esta Unit No. 2, Plat Book 3, Pages 49A-49C of the Public Records of Charlotte County, Florida. The site is located in Section 18, Township 41 South, Range 23 East, South of Leach Drive, between Lot 20, Block K and Lot 1, Block J, containing 0.16 acres, more or less in the Punta Gorda Area. Recommendation: Community Development Department: APPROVAL Planning and Zoning Board: APPROVAL Charlotte County Board of County Commissioners Page 13 of 15

14 SCHEDULE OF FUTURE CLOSURES/HEARINGS/WORKSHOPS Thursday May 13, :00 pm Charter Review Commission Thursday May 20, :00 pm Preliminary Budget Update Murdock Administration Center, Room #229 Monday May 31, 2004 Charlotte County Administration offices closed in honor of Memorial Day. Thursday June 10, :00 pm CIP Workshop Murdock Administration Center, Room #229 4:00 pm Charter Review Commission Thursday June 24, :00 pm Charter Review Commission Monday July 5, 2004 Charlotte County Administration offices closed in honor of July 4, Wednesday July 14,2004 5:01 pm Public Hearings MSBU s Thursday July 15, :00 am Presentation of Tentative Budget 5:01 pm Public Hearing - MSBU s Lemon Bay High School Friday July 16, :00 pm Presentation of Tentative Budget (if needed) Monday September 6, 2004 Closed in honor of Labor Day Thursday September 9, :00 pm Charter Review Commission 5:01 pm First Public Hearing Thursday September 23, :01 pm Final Public Hearing You can access the Agenda on line by visiting Charlotte County's website: under Main Menu open BCC Meeting Agenda. 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 14 of 15

15 Charlotte County Administrator s Office Murdock Circle, Room 538 Port Charlotte, FL (941) Fax: (941) Revised Agenda Update II To: From: Honorable Board of County Commissioners Kelly A. Shoemaker, Assistant to the County Administrator Date: May 10, 2004 Subject: Agenda The following changes have been made to the Board of County Commissioners, Agenda: Addition No. 1 Proclamation Hurricane Awareness Week May 16-22, 2004 Deletion No. 1 E1. Environmental Services 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 amending the regulations regarding access and screening enclosures for dumpsters, compactors and recycling dumpsters. Deletion No. 2 M3. Administration Presentation by James Burkhart, Environmental Administrator with the Charlotte County Health Department regarding the County s requirements relative to Onsite Sewage Treatment and Disposal Systems.. Charlotte County Board of County Commissioners Page 15 of 15