book 60, page 606 august 13, 2002 regular meeting … · board of county commissioners august 13,...

Book 60, Page 606 August 13, 2002

REGULAR MEETING

BOARD OF COUNTY COMMISSIONERS

August 13, 2002 A regular meeting of the Board of County Commissioners was held at the Murdock Administration Complex in Port Charlotte, Florida. The following members were present: Chairman Mac V. Horton and Commissioners Sara Devos, Matthew D. DeBoer, and Adam Cummings. Also in attendance were Interim County Administrator Pamela D. Brangaccio, County Attorney Reneé Francis Lee, Chief Deputy Board Services Tommy Q. White, Administrative Assistant Jenine Thornley, and Deputy Clerk Diane J. Nice. (Commissioner D’Aprile was out of the Country.) The meeting was called to order at 9:03 A.M. The invocation was given by the Reverend Mr. Scott Copeland, Senior Pastor, Punta Gorda Alliance Church, Punta Gorda, Florida, followed by the Pledge of Allegiance to the Flag.

CHANGE TO THE AGENDA Addition: ADDITION TO THE AGENDA Agenda Item T-1, Set a public hearing for

Tuesday, August 27, 2002 at 11:15 A.M. to consider and approve Minor Plat (Preliminary and Final concurrently) PP-02-4-4, AmSouth Charlotte Harbor

COMMISSIONER DeBOER MOVED FOR APPROVAL OF THE ADDITION TO THE AGENDA, SECONDED BY COMMISSIONER DEVOS AND DECLARED UNANIMOUS (4:0).

SPECIAL RECOGNITION Employee Recognition: Pamela D. Brangaccio, Interim County Administrator, and Commissioner Devos recognized the following employees for their service with the County: Denisebernadet Clark, Public Works,


five years; Laura Kleiss Hoeft, Parks and Recreation, five years; Barbara D. Watkins, Community Development, five years; Linda L. Yarchenko, Information Technology, five years; Raymond J. Finizio, Public Works, ten years; Linda S. Johnson, Library, ten years; Darcie J. Nicolosi, Community Development, ten years; Gary L. Carter, Public Works, fifteen years; Keith E. Larson, Animal Control, twenty years; Susan L. Reed, Human Services/Transit, twenty years; William E. Searfoss, Public Works, twenty years; and not in attendance, Nancy M. Clauss, MSBU, fifteen years. Proclamations: THE BOARD AGREED TO THE ISSUANCE OF A PROCLAMATION STIPULATING AUGUST 2002 AS “SENIOR SAFE DRIVER AWARENESS MONTH” ON MOTION BY COMMISSIONER DeBOER, SECONDED BY COMMISSIONER CUMMINGS AND DECLARED UNANIMOUS (4:0). Steven Carter, on behalf of AAA South, accepted the proclamation; advised a four-hour State certified driving course has been developed for seniors at a cost of $15 that entitles participants to automobile insurance discounts with most insurance companies and recognition for attendance; the next two course dates are August 22 and August 29, 2002 from 1:00 P.M. to 5:00 P.M.; and expressed appreciation to the Board, Governor Bush for signing a Proclamation, the Metropolitan Planning Organization for promoting public awareness, and Gulf Coast Motor Vehicle Driving School for assisting and instructing the classes. THE BOARD AGREED TO THE ISSUANCE OF A PROCLAMATION STIPULATING AUGUST 2002 AS “ADMIT YOU’RE HAPPY MONTH” ON MOTION BY COMMISSIONER CUMMINGS, SECONDED BY COMMISSIONER DeBOER AND DECLARED UNANIMOUS (4:0). Caroline W. Lounsbury, Supervisor of Minutes, accepted the proclamation on behalf of the “bunch of happy ladies” in Commission Minutes, and Anne Pfahler, Deputy Clerk, was present. Presentations: Bill Wishard, United Way of Charlotte County President, presented a plaque to the Board in appreciation of the Board’s and County employees’ efforts, especially James A. Thomson, Environmental Services Director, who coordinated the campaign for the last three years; advised $50,000 has been contributed


over the last four years, at an average of $14,000 for each of the last three years, to support 34 agencies and 25,000 people. Mr. Wishard introduced Paula Wilman, United Way of Charlotte County Chief Professional Officer, who recognized leadership givers and distributed plaques to County Attorney Reneé Francis Lee and Economic Development Coordinator Betty Williams, who received their plaques at the annual celebration, Interim County Administrator Pamela D. Brangaccio, Commissioner Devos and several other County employees. Ms. Wilman stated United Way could not achieve its goals without the assistance of employee based campaigns; reported last year’s goal of $525,000 was achieved; and this year’s goal is $555,000. Pamela D. Brangaccio, Interim County Administrator, made the following presentations: National Association of County Information Officers, 2002 Award of Excellence for Community Visioning, the Charlotte Assembly, to Joyce Ross and National Association of County Information Officers, 2002 Award of Excellence for Interactive Computer Media, On-line Permitting, to Tuleta Copeland. Joyce Ross, Community Outreach Manager, accepted the award on behalf of everyone who participated in the Charlotte Assembly. Tuleta Copeland, Outreach Specialist II, recognized Nancy Hart, Permitting Licensing Coordinator, Lorraine Lundbad, Customer Service Representative II, the entire Community Development team, and Susan Walters, Programming Consultant, to the Clerk of the Circuit Court’s Office. Acknowledgment of Donations Mary Ellen Fuller, Libraries Director, acknowledged donations to the Libraries as follows: $ 25 Memorial for Ed Hooper $4,900 Friends of Murdock Public Library $1,200 Friends of Port Charlotte Library Assoc., Inc. $1,200 Friends of Port Charlotte Library Assoc., Inc. $3,000 Friends of Punta Gorda, Library, Inc. Chairman Horton recognized the over $10,000 donated by these volunteer groups.


Donations to Parks and Recreation: Laura Kleiss Hoeft, Parks and Recreation Director, acknowledged and highlighted some of the following donations:

$50 Artful Etcher Big Surf Fish Tournament $20 Bobby’s Maint & Repair El Jobean Fish Tournament

2 rod and reel combinations Cadet Girls Troop 64 El Jobean Fish Tournament $100 Charlotte County Am Vets Big Surf Fish Tournament $50 El Jobean Auto Sales and Gulf Coast Jewelry El Jobean Fish Tournament $25 El Jobean Community League El Jobean Fish Tournament $33 El Jobean Depot Café El Jobean Fish Tournament $20 El Jobean Texaco El Jobean Fish Tournament $25 El Jobean Water Association El Jobean Fish Tournament $20 Endees Auto Sales El Jobean Fish Tournament $75 Eye Centers of Florida Senior Info Fair $75 FGC Int’l Realty El Jobean Fish Tournament 2 rod and reel combinations and Fishin’ Franks El Jobean Fish Tournament 2 bait buckets $100 Little Richie’s Auto Center Big Surf Fish Tournament bait bucket Modern Woodmen of America El Jobean Fish Tournament $75 Paul Dacosta Senior Info Fair supplied bait Ray’s Bait El Jobean Fish Tournament $25 Reverend Bob McDuffie El Jobean Fish Tournament $427 Sophisticated Swing Any program $50 Southwest Plumbing El Jobean Fish Tournament $75 Tarpon Coast Senior Info Fair $75 The Courtyard Senior Info Fair $75 European Recliner Gallery Senior Info Fair $25 Gift Cert Tokies Bait & Tackle El Jobean Fish Tournament $900 Tringali Youth Hockey Parents Association Youth Hockey

REGULAR AGENDA V. County Administrator Agenda Item V-1, Permitting Update COMMISSIONER DEVOS MOVED FOR APPROVAL TO CHANGE AGENDA ITEM V-1 TO R-2 IN ORDER TO ALLOW CITIZEN INPUT SUBSEQUENT TO BOARD ACTION, SECONDED BY COMMISSIONER CUMMINGS AND DECLARED UNANIMOUS (4:0).


CITIZEN INPUT Grace Amodeo expressed opposition to Agenda Item M-4, Release of a portion of a canal maintenance easement as part of proposed construction of a home and pool cage to Daniel J. and Jack B. Tilka, since this is not correction of a scrivener’s error pursuant to the applicable ordinance; distributed copies of the platted lots with direct access to Charlotte Harbor; and noted the pool cage will be within 15.22’ of the canal that empties into the Harbor. David A. Holmes, of the law firm of Farr, Farr, Emerich, Sifrit, Hackett & Carr, P.A., appeared on behalf of Zoll Medical Corporation regarding Agenda Item H-8, Award of Bid #02-290, Monitor/Defibrillators & AEDs and staff’s recommendation to award the contract to the high bidder based upon a determination that the two low vendors were non-responsive; advised his client would like an opportunity to present its position i.e. because of the technical nature of the procurement there was collaboration between Fire/EMS and the current vendor in the preparation of the specifications that pre-ordained that only Medtronic Physio-Control could meet the specifications; pointed out the difference in the price is approximately $130,000 or 50% over the low bid; and requested removal of the item from the Consent Agenda. Michael McKinley, of the law firm of McKinley, Ittersagen, Gunderson & Berntsson, P.A., appeared on behalf of Richard Vetter, Trustee, owner, and a Charlotte Park of Commerce principal, with a request to remove 160 acres from the south end of the proposed Airport Overlay, under Agenda Item Q, 11:30 A.M., (a) Presentation by Dufresne-Henry on Airport Commerce Park Overlay and (b) authorize and direct the County Attorney’s Office and Community Development Department to develop Interim Control ordinances to be applied to properties within the Airport Commerce Park Overlay District and West Murdock Land Use Amendments; reported 80 acres are through the Preliminary Plat process and almost ready for Final Plat approval of which 40 acres are intended for air side uses pursuant to an agreement with the Airport Authority; expressed concern due to the Overlay District’s down zoning of IG and many of the IL uses on the 160 acres since the planning process and sales efforts to IG users are advanced and the exclusion of air side uses; and advised his

Book 60, 11 August 13, 2002

client is willing to commit to design standards, architectural, and landscape requirements consistent with the North Port Park of Commerce. Richard Vetter, one of the Charlotte Park of Commerce principals, commented on Agenda Item Q, 11:30 A.M., (a) Presentation by Dufresne-Henry on Airport Commerce Park Overlay and (b) authorize and direct the County Attorney’s Office and Community Development Department to develop Interim Control ordinances to be applied to properties within the Airport Commerce Park Overlay District and West Murdock Land Use Amendments by reiterating the project is well underway consistent upon the zoning when the land was acquired and the aviation agreement with Charlotte County Airport; expressed concern that the Overlay District will adversely impact the proposed development; stated he does not believe the Overlay District restrictions are needed; referenced parcels in two Naples Industrial Parks, not governed by Overlay District requirements, that have recently achieved build out after 35 years that are leasing at $8 to $10 per square foot; advised streets, water, sewer, landscape buffers, setback requirements, architectural standards in the Deed Restrictions exceed the standard IG zoning requirements; requested removal of the 160 acres from the Overlay District; and reported as a result of three sales an estimated 100 jobs will be provided. Bruce Pomeroy, an Englewood East resident, commented on Agenda Item N, 10:00 A.M. Public Hearing to consider and approve an ordinance providing for a referendum election and extension of the local sales tax by distributing copies again of a June 15, 1995 memorandum on Proposed Sidewalks Around Various Schools especially sidewalks segments shown on the attached map of Boundary and Gulfstream Boulevards that are still not done as well as sidewalks for Myakka River Elementary School that are not on the list for priority projects under the proposed sales tax extension and commented on the importance of public safety and the need to do these projects now. Don Arnold, part developer of the Charlotte Park of Commerce and owner of six industrial parks from North Port to Naples with numerous years of experience, commented on Agenda Item Q, 11:30 A.M., (a) Presentation by Dufresne-Henry on Airport Commerce Park Overlay and (b) authorize and direct the County Attorney’s


Office and Community Development Department to develop Interim Control ordinances to be applied to properties within the Airport Commerce Park Overlay District and West Murdock Land Use Amendments by requesting the Charlotte Park of Commerce land be removed from the Overlay; advised between $8 and $10 million will be spent this year on the Park with no County support; estimated one customer will provide approximately 1,200 jobs with salaries in excess of $35,000 per annum; buffering and landscape will be done; reported aircraft manufacturers, parts for aircraft manufacturers are coming, $2 million worth of hangars have been presold, and a Fixed Based Operator; and proposed buildings will be constructed vertically. Ray Anderson, with Charlotte Park of Commerce, commented on Agenda Item Q, 11:30 A.M., (a) Presentation by Dufresne-Henry on Airport Commerce Park Overlay and (b) authorize and direct the County Attorney’s Office and Community Development Department to develop Interim Control ordinances to be applied to properties within the Airport Commerce Park Overlay District and West Murdock Land Use Amendments by pointing out the intent to attract Fortune 1000 and Fortune 500 companies to the Airport Commerce Park Overlay District; the platting process is moving forward; reported on the potential for over $4 million worth of sales representing 100 jobs with a paver company from Miami that has operations in Jacksonville and the Caribbean; there are large companies from Lee and Collier Counties that are looking to set up operations in northern Lee, Charlotte, and Sarasota Counties; and requested removal of the Park’s land from the Overlay in order to continue with proposed deed restrictions and a project similar to the North Port Park of Commerce. Edward Wotitzky, of the law firm of Wotitzky, Wotitzky, Ross & Goldman, P.A., appeared on behalf Daniel J. and Jackie B. Tilka regarding Agenda Item M-4, Release of a portion of a canal maintenance easement as part of proposed construction of a home and pool cage, that is a minor request for using 4’ of a canal maintenance easement for construction of a pool enclosure; and staff reviewed the petition and recommended approval. Richard Spiro, a County resident, expressed concern about the potential loss of parking at Stump Pass Park in the next six to seven months from possible storm damage; distributed a drawing of the beach erosion and large rocks forming the jetty adjacent


to Weston’s Resort; and requested this site be considered for renourishment under Agenda Item P, 11:00 A.M. Presentation by Coastal Technology Corporation on Sarasota/Charlotte Beach Erosion Study. Mike Woelffer, a Manasota Key resident, commented on Agenda Item P, 11:00 A.M. Presentation by Coastal Technology Corporation on Sarasota/Charlotte Beach Erosion Study by stating that a lot of south Manasota Key residents are upset and disgusted with the study; residents were never included in the process; pointed out Manasota Key is only included in Alternative No. 4, exclusive of the south end; south end residents believed they should not be included in the cost sharing, although documents provided to Board Members today extend the renourishment area from R-12 to R-16 based upon discussions with staff and regulatory agencies regarding the relocation of the Stump Pass navigation channel; and requested the Board select Alternatives 1, 2, or 3 instead of 4. Lori Tomlinson, Florida Adventure Museum Executive Director, stated the Board has two opportunities to expand and improve the quality of the Museum by providing funding for a new Museum from Agenda Item N, 10:00 A.M. Public Hearing to consider and approve an ordinance providing for a referendum election and extension of the local sales tax or by allowing the Museum to occupy a portion of the restored Courthouse under Agenda Item S-3, General Services/Project Management, Provide direction for the review and selection ranking for RFP #02-235, The Reuse of the Charlotte County Courthouse Building; advised the goal of the Museum is to be in a better position to compete with museums in surrounding counties to attract more tourists and provide a better quality of life for residents; pointed out the City of Ft. Myers fully supports its museum whereas this museum is a private, non-profit organization that operates with some financial support from the County and in-kind support from the City of Punta Gorda; reported the Museum has been closed for approximately six weeks to deal with serious maintenance issues; and the current building is very small and restricts the sizes of exhibits and classes. Tom Pool commented on Agenda Item N, 10:00 A.M. Public Hearing to consider and approve an ordinance providing for a referendum election and extension of the local sales tax Agenda Item N,


10:00 A.M. Public Hearing to consider and approve an ordinance providing for a referendum election and extension of the local sales tax by stating the Sales Tax Advisory Committee did not place the Courthouse on the list of projects due to political implications and Agenda Item S-3, General Services/Project Management, Provide direction for the review and selection ranking for RFP #02-235, The Reuse of the Charlotte County Courthouse Building by pointing out that two of the organizations that have petitioned to use the building would not contribute significantly to the renovation of downtown or the City; referenced a petition signed by 800 people requesting a referendum to prevent the City of Punta Gorda from funding Courthouse renovations; and requested the Board give serious consideration to funding any renovations. Daniel Fletcher commented on Agenda Items H-12(d), Renewal of Contract #01-37, Demolition-Commercial/Residential Structures, including Mobile Homes, H-13(a) Renewal of Contract #01-257, Wheelchair Coach Services and H-13(b) Renewal of Contract #00-135, Dial-A-Ride Services by suggesting the Board enter into agreements with non-profit agencies, i.e. 21st Century, Habitat for Humanity, and C-3, for input prior to demolition on the reuse/recycle of building materials and establishment of a yard for building materials open for public use and/or rehab of structures that will reduce the debris deposited into the Landfill; and commented on the need to create transit hubs within the County for Dial-A-Ride to link with Lee Tran and SCAT to reduce traffic and provide people a means of transport to higher paying jobs. Patrick Ellicot, a 10 to 12 year County resident, commented on Agenda Item N, 10:00 A.M. Public Hearing to consider and approve an ordinance providing for a referendum election and extension of the local sales tax Agenda Item N, 10:00 A.M. Public Hearing to consider and approve an ordinance providing for a referendum election and extension of the local sales tax by suggesting the creation of a funding mechanism to pursue drought prevention i.e. a desalinization plant or another method that will benefit current and future residents. Chairman Horton advised any one wishing to speak on the $.01 sales tax will have an opportunity during the public hearing.


REPORTS RECEIVED AND FILED County Investment Report, June 30, 2002 – distributed July 30, 2002

COMMITTEE VACANCIES Charlotte County is seeking volunteers to serve on the following committees:

♦♦ Grove City Street and Drainage Unit Advisory Committee (one [1] permanent and one [1] alternate who reside within the Grove City Street and Drainage Unit)

♦♦ Affordable Housing Advisory Committee (three [3] vacancies: one[1] labor representative, one [1] real estate representative, and one [1] low income representative)

♦♦ Alligator Creek Waterway Advisory Committee (one [1] volunteer who resides within the Alligator Creek Water Unit)

For additional information, please call (941) 743-1300.

CONSENT AGENDA COMMISSIONER DeBOER MOVED FOR APPROVAL OF THE FOLLOWING ITEMS SEONDED BY COMMISSIONER DEVOS AND DECLARED UNANIMOUS (4:0). CLERK OF THE CIRCUIT COURT A. Finance Division Agenda Item A-1, Adoption of Clerk’s Finance Memoranda Memorandum #1 Status of Contingency Reserves 00/01 Memorandum #1A Status of Contingency Reserves 01/02 Memorandum #2 Total Disbursements for the period July 2, 2002

through August 2, 2002 in the amount of $14,902,680.53

Memorandum #3 Tax Deeds – Lands Available after Seven Years


B. Minutes Division Agenda Item B-1, Approval of Minutes 9:00 A.M. June 25, 2002 Regular BCC Meeting 9:00 A.M. July 9, 2002 Regular BCC Meeting 9:00 A.M. July 16, 2002 Budget Workshop 2:00 P.M. July 16, 2002 Sales Tax Extension Workshop 7:00 P.M. July 17, 2002 MSBU Public Hearing BOARD OF COUNTY COMMISSIONERS D. County Attorney Agenda Item D-1 Set an executive session for Tuesday, August 20, 2002, at 2:00 P.M., in the matter of Charlotte County vs. Palmetto, L.C. Agenda Item D-2 Set a quasi-judicial hearing for Tuesday, September 24, 2002, at 10:00 A.M., to consider the appeal of Edward R. Cheek, Sr. d/b/a Airco Heating and Cooling Corporation from a June 21, 2002 Final Order of the Charlotte County Construction Industry Licensing Board. E. Budget Office Agenda Item E-1, Approve Budget Amendments (a) Amendment #02-A39 for $3,311 to General Fund Budget

(donations to Parks and Recreation) (b) Amendment #02-A51 for $9,125 to General Fund Budget

(donations to the Library) (c) Amendment #02-A52 for $6,108 to Repairs/Maintenance –

Equipment (revenues from new radio units assigned to various departments and agencies)

(d) Amendment #02-A53 for $54,320 to General Fund (reimbursement from FEMA for damage from tropical storm Gabrielle)

(e) Amendment #02-A54 for $1,200 (donations for Library)


Agenda Item E-2 Adopt the Depreciation Method of Infrastructure Reporting under GASB 34 for Charlotte County roadways, previously adopted as the Modified Approach on January 22, 2002, for use until the database can be studied further at which time staff would recommend using the Modified Approach again, since revisions will not be completed by the end of this fiscal year. Agenda Item E-3 Grant #2002-025, the Memorandum of Agreement between the Department of State Division of Elections and Charlotte County, to assist in the purchase of new voting equipment, under Senate Bill 1118, Funding for Voting Systems, that allocated $3,750 per precinct to each county, payable in two equipment installments i.e. Charlotte County received one-half of its appropriated $236,250 in October 2001 and the County is required to sign the Memorandum in order to receive the remainder allotment to be used towards the debt service outstanding on voting equipment purchased this year. Agenda Item E-4 Set a public hearing for Tuesday, September 10, 2002, at 10:00 A.M., to adopt an ordinance for the Capital Improvements Program (CIP) for FY 02/03 through FY 06/07. F. Community Development Agenda Item F-1 Set a public workshop for Tuesday, August 27, 2002, at 10:15 A.M., on the South Gulf Cove Community Plan. Agenda Item F-2 Authorize the Chairman to send a letter to the National Marine Fisheries Service (NMFS) requesting initiation of a consultation with the U.S. Army Corps of Engineers on the potential impact to Essential Fish Habitat (as required by the Federal Magnuson-Stevens Act) which may result from phosphate mining activities within the Charlotte Harbor Watershed.


G. Economic Development Agenda Item G-1 Resolution #2002-099 reducing Enterprise Charlotte Board membership, established pursuant to Resolution #990621A0, from 17 to 14 Organizational Representatives. Agenda Item G-2 Agreement #2002-046 for the Economic Incentive Development Program, established pursuant to Ordinance #98-34, based upon the application received from Cabinet Plus of Southwest Florida, Inc., 5450 Williamsburg Drive, Punta Gorda, Florida. H. General Services Agenda Item H-1 Deletion of Property Inventory Items for August 2002. Agenda Item H-2 Award Bid #02-291, Skid Steer Loader, (to replace a 1994 Mustang Skid Steer Loader utilized by Maintenance and Operations Division of Public Works) to Nortrax Equipment Co., of Miami, Florida, for $32,830.58. (Amount budgeted in FY 02 $40,000; funds available in the Transportation Trust Fund) Agenda Item H-3 Award (a) Bid #02-006, Hollaender Railing Material, to Orlando Steel Enterprises, Inc., Summerfield, Florida, with an initial contract term beginning October 1, 2002 through September 30, 2002; and (b) authorize the County Administrator to approve renewal options up to two additional one-year terms at the same prices, terms, and conditions by mutual consent. (Amount budgeted in FY 02 to date is $15,499 and FY 03 is anticipated to exceed $25,000; funds available in the Maintenance Budget and will be charged on a work-order basis)


Agenda Item H-4 Award Bid #02-317, Generator and Transfer Switch, with option sound attenuating weatherproof enclosure, to Superior Power Equipment Co., Ft. Myers, Florida, for $47,921. (Amount budgeted in FY 02 is $80,000; funds available in the Capital Projects Fund) Agenda Item H-5 Award Bid #02-339, Port Charlotte Beach Pool Equipment Upgrades, to the lowest responsive, responsible bidder, Better Building Concepts, Inc., Port Charlotte, Florida, for $65,000, to achieve compliance with the Department of Health permit. (Amount budgeted in FY is $40,406 from Capital Outlay, Parks Infrastructure and $346,621 from Capital Outlay, Infrastructure; funds from Capital Projects Fund Ad Valorem taxes [$40,406] and Sales Tax Extension Fund [$24,594]) Agenda Item H-6 Award (a) Sole Source Purchase, File #02-397, Storage Area Network (SAN), with Dual Magnitude Configuration with XIOtech (A Seagate Company) for $100,755; and (b) authorize the Chairman to execute the End User License Agreement and Magnitude Support Plan. (Amount budgeted in FY 02 is $200,000 from CIP and $363,186 from Purchased Service–Info Tech; funds provided in the Capital Projects Fund [$50,378] and Purchased Service-Info Tech [$50,377]) Agenda Item H-7 Award (a) Bid #02-359, Rotonda Park, Phase I, to L.A.M. Management, Inc. to include base bid of $720,000; (b) set a public hearing for Tuesday, August 27, 2002, at 11:00 A.M., to amend the CIP in the amount of $100,000 unencumbered Sales Tax for bid alternates, contingency, material testing, additional professional services and permitting fees; (c) award Bid Alternates #1 (asphalt trail), #2 (clearing and sodding of multi-purpose field), and #3 (tennis courts), for a total alternates price of $80,200 bringing the total contract to $800,200, contingent upon approval of the CIP amendment; and (d) approve Budget Transfer #02-113 for $100,000, contingent upon


approval of the CIP amendment. (Amount budgeted in FY 02 is $24,996 from Contract/Prof Services–Rotonda Park, $527,358 from Capital Outlay–Rotonda Park, and $221,355 from Capital Outlay-Rotonda Park; funds provided from Sales Tax Extension Fund and Capital Projects Fund, and funds for transfer from Sales Tax Extension Fund) Agenda Item H-9 Waive Bid Procedures and Award Request for Quote #02-261, Classification and Compensation Study, to the lowest responsive, responsible quoter, Palmer & Cay Consulting Group, Jacksonville, Florida, for $49,000. (Amount budgeted in FY 02 is $0; funds available in the General Fund from savings) Agenda Item H-10 Approve the design/build contract and the design phase fees with Matthews-Taylor, a Joint Venture, Punta Gorda, Florida, for RFP #02-255, Design/Build for Two (2) Replacement Fire Stations, Nos. 13 and 14 for a not-to-exceed price of $68,000 for the design phase. (Amount budgeted in FY 02 is $640,000; funds provided in One-Cent Sales Tax Extension Fund) Agenda Item H-11 Award (a) Contract #02-341, Annual Office Moving Services, to Impressive Moving Systems, Inc., Punta Gorda, Florida, with a contract term from October 1, 2002 through and September 30, 2003 on an “as required basis” for the Facilities Management Department; and (b) authorize the County Administrator to approve renewal options up to two additional one-year terms, at the same prices, terms, and conditions by mutual consent. (Amount budgeted in FY 02/03 expenses charged to each department as needed) Agenda Item H-12 Approve General Services Renewal Contracts for the period October 1, 2002 through September 30, 2003: (a) Contract #01-120, Guardrail Materials, to Highway Safety

Devices, Inc. (Amount budgeted in Proposed FY 03 is


$11,000 from the Transportation Trust Fund and $22,000 from various MSBU/TUs with charges to each project as used)

(b) Contract #00-183, Taxi Cab Services, to AAA All Service Transportation, Inc.; Mary’s Taxi; and Astor Cab & Limousine, Inc. (Amount budgeted in Proposed FY 03 is $177,621 with funds provided by General Fund - $88,810 from State Grant Transit vehicles and balance from fees for services)

(c) Contract #91-022, Specialty Mowing, with Veterans Law Services, Port Charlotte, Florida. (Amount budgeted in Proposed FY 03 is $13,565 within the respective MSBU/TUs and $85,885 within the Transportation Trust Fund/Road & Bridge)

(d) Contract #01-37, Demolition-Commercial/Residential Structures, including Mobile Homes, in order of precedence, to Cross Environmental Services, Inc. and Cross Construction Company, Inc. (Amount budgeted in Proposed FY 03 is $133,254 with funds available in the Public Safety Fund)

(e) Contract #00-270, North County Mowing, with Florida Mowing & Landscape Service, Inc., Punta Gorda, Florida. (Amount budgeted in Proposed FY 03 is $257,625 within the respective MSBU/TUs and $11,883 within the Transport Trust Fund/Road & Bridge)

Agenda Item H-13 Approve General Services Renewal Contracts for the period October 1, 2002 through September 30, 2003, and authorize the County Administrator to approve final renewal at the same prices, terms, and conditions: (a) Contract #01-257, Wheelchair Coach Services, in order of

precedence: Astor Cab & Limousine, Inc. at the unit cost of $16 per zone; and Grant Medical Transportation, Inc. d/b/a Ambitrans, at the unit cost of $16.50 per zone. (Amount budgeted in Proposed FY 03 is $177,621, Contract Services Taxi Grant – half of these funds, $88,810 will be used for wheelchair service with funds from the General Fund – State Grant Transit Vehicles)

(b) Contract #00-135, Dial-A-Ride Services, with Grant Medical Transportation, Inc. at the unit rate of $18.76 per hour. (Amount budgeted in Proposed FY 03 is $504,000 from


Contract Services Taxi Grant with funds from the General Fund and Federal and State Grants – Transportation)

(c) Contract #01-258, West County Mowing, with Judy’s Lawn Care, Inc., of Arcadia, Florida. (Amount budgeted in Proposed FY 03 is $126,481 in the MSBU/TUs and $4,400 in the Transportation Trust Fund – Road and Bridge with funding from Transportation Trust Fund and various MSBU/TUs)

(d) Contract #99—271, Rental Space for Electronics, with Tarpon Coast National Bank, of Port Charlotte, Florida, for $4,800 per year. (Amount budgeted in Proposed FY 03 is $4,800 with funds from the Fine and Forfeiture Fund)

Agenda Item H-14 Approve Renewal Option for one (1) additional year of Contract #00-281, Wastewater Collection System Sewer Rehabilitation, with Insituform Technologies, Inc. for Package A; Azurix North America Underground Infrastructure, Inc. for Package B; and Metro Sewer Services, Inc. for Package C extending the contract period through September 30, 2003, under the same prices, terms, and conditions. (Amount budgeted in Proposed FY 03 is $550,000 for the CIP; funds provided in the CCU Renewal and Replacement Fund) Agenda Item H-15 Approve Change Order #1 to Contract #02-297, Landscape Installation – Environmental Campus, with Ecosystem Technologies, Inc., Ft. Myers, Florida, for $6,847.50. (Amount budgeted is $7,000; funds provided in the CCU and Operations and Maintenance Fund-Utility Office/Maintenance Building) Agenda Item H-16 Approve Change Order #21 to Contract #01-246, Renovations to Charlotte County Cultural Center, with L.A.M. Management for $150,523.64, to provide modifications and addition of a multi-purpose facility. (Amount budgeted in FY 02 project budget is $5,390,894; funds available in One-Cent Sales Tax Extension Fund)


J. Human Resources Agenda Item J-1 Set an executive session for Tuesday, August 27, 2002, at 2:00 P.M. to discuss collective bargaining issues. K. Parks and Recreation Agenda Item K-1 Agreement #2002-047 between Charlotte County and the Florida Department of Law Enforcement for use of the Memorial Auditorium to stage the Florida Officer Certification Examination and associated services, to be held on February 26, 2003 from 7:30 A.M. to 5:00 P.M. and September 24, 2003 from 7:30 A.M. to 5:00 P.M. and authorize the Chairman to sign the agreement. Agenda Item K-2 Agreement #2002-048 between Charlotte County and American Society of Composers, Authors, and Publishers (ASCAP) to provide live entertainment or mechanical music at Parks and Recreation facilities and programs for an initial term commencing June 1, 2002 and continuing for additional terms of one-year each, the associated license fee, based upon population, will cover almost all government sponsored or presented performances with an exception for an additional fee and special reporting for a special event with gross revenues in excess of $25,000 and authorize the Chairman to sign the agreement. L. Project Management Agenda L-1 (a) Set a public hearing for Tuesday, August 27, 2002, at 10:45 A.M., to amend the CIP for the Jail for $123,000 from the Original Sales Tax Reserve for the installation of a backup facility for the Emergency 9-1-1/Emergency Operations Center to be placed in the new County Jail and (b) approve Budget Transfer #02-112 for $123,000.


M. Public Works Agenda Item M-1 Accept lot donations from Tanner, Thum, Bisceglio, Foote, Del Vecchio, Gensterblum, Perdue, Ellis, First Union, Yoder, Ormand Beach Presbyterian Church, Conlisk for a total of 20 lots valued at $20,629 with outstanding real estate taxes and MSBU charges to be paid to the County prior to closing equal to $4,241.16 and the estimated cost for recording fees and documentary stamps is $308.40. Agenda Item M-2 Resolution #2002-100 authorizing the Chairman to sign the County Deed releasing three six-foot wide utility and drainage easements located in Lots 15 and 16, Block 3695, Port Charlotte Subdivision, Section Sixty-Three (63), to Daniel J. and Jackie B. Tilka for use of two lots as a single site for construction of a commercial building at 4245 South McCall Road. Agenda Item M-3 Resolution #2002-101 authorizing the Chairman to sign the County Deed releasing portions of two six-foot wide utility and drainage easements located along the lot line separating Lot 9 and the South 25.67 feet of Lot 8, Block 1948, Port Charlotte Subdivision, Section Sixty (60), to Leonard and Helen Allese for use of one whole lot and a portion of another lot as a single site for construction of a single-family residence, at 3456 Elvington Road. Agenda Item M-5 Resolution #2002-102 authorizing the Chairman to sign the County Deed releasing a portion of a twenty foot wide canal maintenance easement located in Lot 8, Block 3227, Port Charlotte Subdivision, Section Fifty-One (51), to Martha Katranis to clear title to property at 1065 Alton Road.


Agenda Item M-6 Resolution #2002-103 approving and ratifying a real estate purchase pursuant to Agreement #2002-049 to acquire Lots 18 and 19, Replat of Tract M, Block 30, Port Charlotte Subdivision, Section Three (3), as recorded in Plat Book 3, Page 51 a/k/a Lots 18 and 19, Block 30, of First Replat of Port Charlotte Subdivision, Section 3, according to O.R. Book 1780, Page 1561, of the Public Records of Charlotte County, Florida, for the renovation and expansion of Fire Station Number One, located on the westerly access road adjacent to U.S. 41, just north of Easy Street, for the price of $163,500. Agenda Item M-7 Resolution #2002-104 approving and ratifying a real estate purchase pursuant to Agreement #2002-050 to acquire from Ira Carl Appel, Trustee, approximately 19.25 acres identified as Lot 21, a portion of Lot 28, and a portion of Lot 29, Clay’s Subdivision, Section 8, Township 41 South, Range 23 East, located at the intersection of Henry Street and Education Avenue in Punta Gorda required for the Carmalita Street – Education Avenue Phase 1 Improvement Project, to be used as a primary stormwater management area. Agenda Item M-8 Set a public hearing for Tuesday, August 27, 2002, at 10:30 A.M., to consider an ordinance amending Ordinance #98-22, modifying school speed zones for Meadow Park Elementary School and Kingsway Elementary School.

ITEMS FOR DISCUSSION BOARD OF COUNTY COMMISSIONERS C. Commission Office Agenda Item C-1, Resolution waiving the right to any claims against the Mediation Fund of the Twentieth Judicial Circuit, which was found to not have statutory basis


Commissioner Devos requested Attorney Lee to address the topic. Reneé Francis Lee, County Attorney, explained the resolution was requested by the Chief Judge of the Circuit Court for a waiver to claims against monies collected by the Lee County Court Administrator from mediators; there is confusion regarding the amount in the Fund; advised a letter was received from Sheriff Clement yesterday indicating he was informed the amount was approximately $200,000 whereas other information has been received that indicated the amount was $80,000; the purpose of the waiver is to release the Fund for distribution to the mediators; Sheriff Clement has requested the monies be utilized for the Drug Court; and requested direction on delaying action until the amount has been confirmed or approving the resolution and releasing the monies like Lee County has done. Commissioner DeBoer opined the proper action would be for the Board to waive its right to funds that were illegally obtained. COMMISSIONER DeBOER MOVED FOR APPROVAL TO ADOPT RESOLUTION #2002-105, SECONDED BY COMMISSIONER DEVOS AND DECLARED UNANIMOUS (4:0). H. General Services Agenda Item H-8, Award of Bid #02-290, Monitor/Defibrillators (AED) with Medtronic Physio-Control for $393,146.30, including the trade-in value of current equipment of $61,300. (Amount budgeted in FY 02 is $507,300; funds provided from State Grant (75%) for $309,378.17, the County’s 25% match of $41,453.23, and a State/County Grant for $42,315 for a total of $393,146.30) Commissioner Cummings requested a response to issues raised during Citizen Input and time sensitivity. Kimberly A. Corbett, Purchasing Director, explained a review was performed of the three bids received; the Medical Director reviewed the specifications and provided his requirements; the Fire Department reviewed the second low bidder; and both of the low bids were deemed non-responsive because they did not meet the minimum specifications as required by the Medical Director and Fire/EMS Department. Commissioner Cummings questioned if the non-responsive determination was based upon technical or substantive differences. Dennis R. DiDio, Fire Emergency Medical Services Chief and Director, advised the Medical Director will speak regarding the specifications. Dr. Robert Leyer, Charlotte County Fire/EMS Medical Director and Medical Director for St. Joseph Hospital Emergency Department, stated


the technical differences in the machines can have a major impact in the treatment of patients i.e. the application of the leads or wires that measure electrodes for the 1280 kgs; expressed a preference for the Medtronic machine since it has a universal lead that is easily applied to a patients chest in a more rapid and uniform fashion to obtain an accurate reading to identify someone having chest pain that is not an acute heart attack versus someone having an acute heart attack; advised there are other technical differences but this one difference would be the determining factor; and stated this would be the machine he would prefer EMS to carry into his house. Commissioner Devos expressed concern with the bid process i.e. were the technical differences specified in the bid request. Mrs. Corbett advised the two technical requirements were the Uni-Lead System and 360 joules and they were discussed at the pre-bid conference attended by representatives of the bidders; recalled the representative from Zoll indicated they could not meet the 360 joule requirement since their equipment goes up to only 200 joules; the matter was reviewed by Fire/EMS with the Medical Director and a decision was made that 360 joules would be the minimum; two of the three firms did meet the 360 joule requirement; and the Uni-lead System requirement was fully described in the specifications. Commissioner Devos requested confirmation that only one firm met the minimum specifications. Mrs. Corbett responded affirmatively. Chairman Horton questioned the necessity for action today. Chief DiDio explained the grant started February 2002 and the funds must be used by February 2003. Commissioner DeBoer pointed out the County has contracted with the Medical Director who has made a medical opinion that this is the best equipment for Fire/EMS. COMMISSIONER DeBOER MOVED FOR APPROVAL TO AWARD OF BID #02-290, MONITOR/DEFIBRILLATORS AND AEDs WITH MEDTRONIC PHYSIO-CONTROL FOR $393,146.30, INCLUDING THE TRADE-IN VALUE OF CURRENT EQUIPMENT OF $61,300, SECONDED BY COMMISSIONER CUMMINGS. Attorney Holmes requested an opportunity for his client to address the Board. Chairman Horton stated no, unless the Board overrules his decision; seeing no objection, he announced the vote would be taken at this time. CALL ON THE MOTION: CHAIRMAN HORTON AND COMMISSIONERS DeBOER AND CUMMINGS VOTED “YES” AND COMMISSIONER DEVOS VOTED “NO.” MOTION CARRIED: (3:1). Commissioner DeBoer stated neither he nor any of the Board Members are qualified to debate with the Medical Director on a medical opinion and he is not willing to listen to a debate


between Dr. Leyer, the vendor, and attorney. Commissioner Devos stated she is not convinced that all bidders were aware of the same specifications especially since the bid was awarded to the highest bidder. Commissioner DeBoer stated if it was not a medical opinion, he would be willing to take the time to look at the process. M. Public Works Agenda Item M-4, Release for use of a portion of a canal maintenance easement located in Lot 578, Block 2091, Port Charlotte Subdivision, Section Thirty-Six (36), for the proposed improvement’s overall building footprint, at 181 Small Street, S.E., to Daniel J. and Jack B. Tilka Commissioner Cummings requested staff’s a response to comments made during Citizen Input. Thomas O’Kane, Public Works Director, stated the partial release for a canal easement at 181 Small Street relates to new construction; advised staff usually recommends approval of the release of easement as long as it does not adversely impact a canal; repairs and maintenance are made from the canal side; this encroachment is 4’ to 5’ and approximately 15’ remains to the canal. Commissioner Devos opined this issue is occurring more often and suggested staff review the applicable ordinance and bring back recommendations. Chairman Horton concurred. Commissioner DeBoer recalled a review was commenced of plat maps and easements between and behind each lot and, since this would be a massive project, it was decided to address release of easements on a lot-by-lot basis. Commissioner Devos opined 15’ should be sufficient for repairs and maintenance from the land; suggested if the ordinance is obsolete, staff should review the ordinance and make recommendations. Mr. O’Kane suggested a review be started and brought back for Board consideration. COMMISSIONER CUMMINGS MOVED FOR APPROVAL OF RESOLUTION #2002-106, SECONDED BY COMMISSIONER DeBOER AND DECLARED UNANIMOUS (4:0). Commissioner DeBoer requested Attorney Lee provide a legal opinion on whether releases of canal easements may be made as a general policy or only on a lot-by-lot basis. H. General Services


Agenda Item H-17, Approve (a) Change Order #2 to Contract #99-126, Manchester Waterway Lock Removal Ecosystem Management Permitting, with Florida Environmental, for $173,376 for a revised total cost of $360,966; and (b) approved Budget Transfer #02-109 for $26,800 to align funds within the Manchester Lock Removal Project to provide for additional engineering services Dan Quick, Stormwater Management Manager, advised the change order initiates engineering and surveying services needed to prepare the permit application to Florida Department of Environmental Protection (FDEP) and to perform the environmental projects required by FDEP concurrent with the lock removal and the target schedule is to commence lock removal by January 2003. Commissioner DeBoer requested the probability of issuance of the permit since this has been a long-standing issue. Mr. Quick stated that he is confident staff will bring the permitting process to closure very soon. Commissioner DeBoer questioned if FDEP has expressed in writing that the ecosystem benefits will be sufficient to offset the lock removal and if the primary issue is the Consent Order. Mr. Quick advised FDEP has indicated the benefits will be sufficient to offset removal of the lock and the County Attorney’s Office is working with FDEP to complete the Consent Order. Commissioner DeBoer requested the amount of money involved in the Consent Order. Mr. Quick reported FDEP has requested the County perform certain actions and there will be no costs associated with the Consent Order outside of the $250 fine. Commissioner DeBoer asked for the specific actions. Mr. Quick explained if the permit is not obtainable, then the lock must be brought into operational status including a maintenance cycle, and the County is to drain the hydraulic lines that operate the lock. Commissioner DeBoer requested an explanation of “if the permit is not obtainable.” Mr. Quick stated the ER application must be reviewed by FDEP, Army of Corps of Engineers, and other agencies involved in the permitting process that will need to sign off on the lock removal and based upon meetings with representatives of these agencies, he is confident the permit will be issued. Commissioner DeBoer pointed out the Consent Order is based upon verbal approval and questioned if the County has written agreement from any of the agencies. Mr. Quick responded negatively. COMMISSIONER DeBOER MOVED FOR APPROVAL OF CHANGE ORDER #2, TO CONTRACT #99-126, MANCHESTER WATERWAY LOCK REMOVAL ECOSYSTEM MANAGEMENT PERMITTING, WITH FLORIDA ENVIRONMENTAL, IN


THE AMOUNT OF $173,376 FOR A REVISED TOTAL COST OF $360,966 AND APPROVAL OF BUDGET TRANSFER #02-109, IN THE AMOUNT OF $26,800 TO ALIGN FUNDS WITHIN THE MANCHESTER LOCK REMOVAL PROJECT (CIP #11806, PAGE R-20) TO PROVIDE FOR ADDITIONAL ENGINEERING SERVICES, SECONDED BY COMMISSIONER DEVOS AND DECLARED UNANIMOUS (4:0). RECESS: 10:25 A.M. – 10:33 A.M.

WORKSHOP AND HEARING AGENDA N. 10:00 A.M. Public Hearing Agenda Item N, Consider and approve an ordinance providing for a Referendum Election to be held in conjunction with the November 5, 2002 General Election, providing for an extension of the Local Sales Tax Decision by the Voters (Proof of Publication was in order.) Chairman Horton announced public hearing procedures for public input and requested staff comments. Pamela D. Brangaccio, Interim County Administrator, stated the list presented to Board Members this morning tracks the list obtained from the Advisory Committee as well as the road priorities at the July 16, 2002 workshop. John L. Dickinson, Capital Projects Director, summarized the list of projects proposed for the four-year Sales Tax Extension: completion of three regional parks commenced under the current Sales Tax Program and Bay Shore Park; 20 miles of additional sidewalks around existing schools, missing links, and one long connecting link for approximately $5.7 million; Safety Features include the widening of the apron and installation of guard rails along portions of Burnt Store Road as well as the Winchester Corridor and Veterans Boulevard in their entireties; Economic Development projects encompass the U.S. 41 Beautification Project at $3.8 million in conjunction with Charlotte County Utilities Project to provide reclaimed water for irrigation of U.S. 41 landscaping, Phase I (Piper Road) of the Airport Commerce Park and mitigation land for water retention; Public Safety Projects include a tech truck for Fire Rescue, a fire training facility, a storm hardened Emergency Operations Center (EOC) combined with the 911 Center to withstand a major hurricane; and purchase of a console to allow the School Board to connect to the radio system for a total of


$62.5 million. Mr. Dickinson stated the following projects could be added under a six-year Sales Tax Extension Program: Phase I for the Stadium Sports Complex include the ball fields and aquatic center with a 50-meter pool, roads include Aqui Esta in conjunction with the City of Punta Gorda and the Florida State Department of Transportation, Phase 3A of the Edgewater Corridor and mitigation land required for scrub jays, $5.5 million towards the Murdock Business Park under Economic Development, regional water interconnects to provide redundant water plant capability with tie-ins with the Englewood Water District and the City of Punta Gorda systems, expansion of the emergency radio system by adding towers and taking down outdated towers as well as expanding the system into portions of eastern Charlotte County, a Mobile Operations Truck for Fire Rescue, a new truck and fire station in the Englewood Fire District, and to repair and upgrade three existing school gyms for public use for a total of $94.8 million. Chairman Horton polled the Board on proceeding with Members comments or opening the public hearing. (Board consensus to open the public hearing.) Chairman Horton announced public input procedures. Bruce Pomeroy referenced the 2001 Charlotte Assembly comprised of 130 citizens, 7 from West County and the approximate 100 projects proposed to the Citizens Advisory Committee of 27 people, 3 from West County, who finalized 30 project recommendations that were unsuitable to West County; the projects should be for public safety and the well being of residents and to improve living quality standards; opined Piper Road and U.S. 41 Beautification are wants not needs; the needs should be done first i.e. Burnt Store Road, Aqui Esta, the Edgewater Corridor, and the shelter proposed by Dr. Ross for the homeless. Mr. Pomeroy recalled a separate referendum was to be done for the Old Courthouse; stated he does not know too much about the Florida Adventure Museum but the County provides $90,000 per year; suggested the referendum be clear and concise and the voters would probably support a six-year extension; and reiterated the need for sidewalks in West County on Boundary and Gulfstream Boulevards. Bill Wishard stated he is not championing any one project, advised the Sales Tax Advisory Committee, some members who are present, worked diligently over several months with staff in composing the project list, and requested the Board compare that list with the list provided this morning. Chairman Horton commended the Advisory Committee for all of their efforts. Jerry Wilson, Charlotte County Fair Association, stated


approximately $1 million has been expended on the fair grounds, commented on State cut backs, and requested the Fair Association, a non-profit organization, be placed on project list for matching funds to obtain more State funding to finish the fair grounds. W. Kevin Russell, Chairman of the Citizens Advisory Committee speaking as an individual, recalled approximately 70 projects were evaluated, the process taught him of the needs in Charlotte County, and commented in support of the six-year extension to address the road needs and other projects including the shelter proposed by Dr. Ross. Bill Wells, served as the District 4 representative on the Advisory Committee, pointed out the issue before the Board is whether to put the Sales Tax Extension on the referendum and the specific projects for which the revenues will be used for; opined most of the local leaders of the discussion began with the assumption that the justification for the Sales Tax Extension were a foregone conclusion and the Advisory Committee met to determine revenue allocations; stated the majority of the 70 projects for which funds were being sought were wants attempting to qualify as community needs; reported the evaluation criteria appeared to favor parks, environmental and other projects presented by staff with answers provided in advance; the projects should be limited to those that will dramatically enhance and widen the real estate tax base and provide economic stability in lieu of nontaxable and unnecessary capital projects that will require higher maintenance costs that can only be collected from residents through increased real estate taxes; and encouraged the Board to review and eliminate projects that are not true emergencies or do not directly contribute to an expanding tax base and economic development. Richard Loftus commented in support of the six-year Sales Tax Extension to address the shortfall for road improvements, economic development projects that will provide higher wages, sidewalks around schools, U.S. 41 Beautification, water reuse, water interconnect with the City of Punta Gorda, regional alternative water sources, sports stadium and auditorium renovations, and amenities that will provide economic development; expressed concern about completing the parks due to issues relating to maintenance costs; commented on the need to be proactive in providing a shelter, as proposed by Dr. Ross, for the homeless as well as providing the knowledge and skills to find employment, and relieving the taxpayers of indigent health care, law enforcement and other social costs. Daniel Fletcher expressed support for the Sales Tax Projects


including roads, sidewalks, parks, recreational areas; opined the needs of the homeless should be paramount as well as the needs of the non-profit organizations represented by the C-3 group, the 21st Century for the construction and rehabilitation of housing for the homeless, kitchens, food, and counseling; and commented on the need for adequate funding. Bill Dryburgh, a Punta Gorda resident who served on the $.01 Sales Tax Advisory Committee, expressed disappointment regarding the untimeliness of the updated list, of which he still has not seen a copy; stated although he is Chairman of the Parks & Recreation Board, he does not support putting more money into the Stadium; reported the homeless are here and a shelter is needed; advised the Florida Adventure Museum was closed due to mold and mildew and commented in favor of providing financial assistance; and referenced the tolls still being paid on the Ohio/New Jersey Turnpikes that were constructed in the 1940s and already paid for and it is time that the tolls go away. Dr. Bill Coy, a West County resident who served on the Sales Tax Advisory Committee, recalled the Veterans Boulevard road project was not put on the list since staff indicated it would be addressed under different funding but subsequent found out that money would be utilized for another project; commented in support of funding for the auditorium and recapped the expenses that were approximately four to one with revenues in 1988 and the $236,000 in revenues versus the $238,000 in expenses in 1999/2000; and stated the auditorium should be on the project list. Michael Youssef expressed opposition to extending the $.01 Sales Tax because of too many projects in too short of time with too much money and referenced the October 23, 2001 approval of Change Order #2 to Contract #01-124, Expansion of Fire Station #2, at a cost of $14,000 to a Tampa company that subcontracted the work to a company in North Port that could have done the job for $3,700; stated it is difficult to quantify the amount of monies that have been wasted and estimated in the millions; continuation of the Sales Tax will cause future millage rates to increase as the maintenance of every new item built will require higher property taxes; opined the Board has relegated its budget responsibilities to Administration to bring in a lean budget instead of reviewing departmental budgets on a line-by-line item basis; stated the Board is looking to increase the millage rate by .5 mills and making the Sheriff’s Office the scrape goat; recalled during the July 2000 budget workshop with the Sheriff, commented on the Fire/EMS budget that has increased at a much


higher rate than the Sheriff’s Office budget and questioned why the same importance has not been placed on deputies as fire fighters and EMS personnel; questioned the need of spending $50,000 for public awareness regarding the Sales Tax Extension; pointed out most of the projects target future growth and the economic outlook is too uncertain to warrant the majority of the projects; suggested two or three projects be selected for a period of two to three years and identify the costs including construction and maintenance for the voters; or forget about new taxes and manage the money being spent in a more responsible fashion. Lane Diedrich, Charlotte County Chamber of Commerce President, advised a survey of the Chamber members reflect an over whelming support for the Sales Tax Extension Referendum although there were concerns on identified projects; the Chamber issued a statement in support of the Extension based upon the due diligent process would be performed, i.e. the Sales Tax Advisory Committee; and encouraged the Board to review the projects and consider the Sales Tax Committee as community representatives who identified needs for the Board’s final decision. Grace Amodeo stated some of the projects are wants not needs i.e. U.S. 41 Beautification; recalled the emergency radio system was already expanded; commented in support for extending the Sales Tax for six years; and suggested the allocation for the upgrades of three school gyms be used for the Edgewater Corridor. Joe Voll, a Burnt Store Colony resident, stated he has been working on the Burnt Store Road project for two years and he was happy to hear the project is on the four-year extension list; suggested $8 million more be allocated to the project if the Sales Tax is extended six years (over the $2.2 million in the CPI in FY 04/05 and $3 million from Sales Tax Revenues); opined Burnt Store Road needs to be widened by four feet on each side until it is four-laned; reported two more accidents occurred on Burnt Store Road in the last five days; and stated his life as well as other residents’ lives are worth the estimated $10 per household increase. Rex Koch, served on the Sales Tax Advisory Committee, recalled participants in the Charlotte Assembly as well as the Committee addressed major concerns including human services but no human services project is on the list for Sales Tax funding; requested the Board to carefully consider human services needs in the County including the homeless shelter. Frank Dowdy, a Burnt Store Lakes resident, concurred with remarks made by Mr. Voll on the need to widen Burnt Store Road by four feet on each side; stated all


five of the five communities on Burnt Store Road support the Sales Tax Extension for this project; and pointed out Lee County recently budgeted the four-lane extension of Burnt Store Road to the Charlotte County line. COMMISSIONER DeBOER MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY COMMISSIONER DEVOS AND DECLARED UNANIMOUS (4:0). Chairman Horton stated the issue before the Board is to decide whether to place the $.01 Sales Tax Extension on the referendum for either a four or six-year period; and since it is unlikely that the Board will finalize the list today, the specific projects may be decided at a later date. Reneé Francis Lee, County Attorney, stated the Board may adopt the ordinance and decide the time period for the extension today and finalize the list of projects later. Chairman Horton opined West County residents were well represented on the Sales Tax Advisory Committee and pointed out West County received between 34% and 37% of Sales Tax Revenues under the current extension; commented in support of widening Burnt Store Road; and noted people identify needs and wants differently. Chairman Horton referenced the South County Regional Park project for the completion of all phases pursuant to the Master Plan with pool and gym and questioned the expenditure of approximately $.75 million for a gym if the repair/upgrade of three school gyms for public use is approved. Chairman Horton requested an explanation of what $5 million will pay for on the Burnt Store Road project. Thomas O’Kane, Public Works Director, reported funds are available in the CIP budget and a State grant for construction of four-foot wide shoulders from Notre Dame to Zemmel Road and the additional funding would allow widening to the Lee County line and north beyond Notre Dame i.e. 12’ lanes, with a paved shoulder and a recovery area. Commissioner Devos requested clarification regarding widening of Burnt Store Road to U.S. 41. Mr. O’Kane pointed out funding is available north of Notre Dame where the speed limit changes, at about the City of Punta Gorda line, down to the Lee County Line. Mr. O’Kane reported the Metropolitan Planning Organization (MPO) is pursuing a sidewalk project in the area. Commissioner Devos requested a cost estimate to widen the roadway all the way to U.S. 41. Mr. O’Kane recalled discussions with trailer park residents that the widening to U.S. 41 would cost $3 million and another $.5 million would be needed to complete that segment. Mr. O’Kane advised he and Interim County Engineer Brian Barnes met yesterday with Lee County Department of Transportation Director Scott Gilbertson and they learned that Lee County has


instituted a corridor study to start after the first of next year to evaluate the long-term needs, i.e. 20 to 25 years, to widen Burnt Store Road from the Lee County line to Pine Island Road and reported representatives have been requested from Charlotte County and the MPO. Commissioner Cummings pointed out a bridge would need to be widened and right-of-way access would need to be purchased to widen Burnt Store Road to U.S. 41. Mr. O’Kane indicated the project does not include the widening of the bridge or right-of-way acquisition; the County has restrictive right-of-way in which the four-foot shoulder and recovery area may be excavated with a slope. Commissioner Cummings expressed a preference for the project to include the four-foot widening and safety features from the speed limit increase over 40 mph to the Lee County line. Commissioner Cummings expressed appreciation for all of the efforts of Sales Tax Advisory Committee members; commented in support of putting on the ballot the six-year extension estimated at $95 million to address the $25 million road projects shortfall and pointed out the need for a $15 million reduction in proposed projects. Chairman Horton agreed with Commissioner Devos on widening Burnt Store Road to U.S. 41 and requested an estimate as to how long the widening would meet the traffic and growth needs. Mr. O’Kane stated at least the next five to 10 years, reiterated the Lee County projection of 20 to 25 years, and related Lee County is focusing on the connection through Cape Coral to the north and east. Chairman Horton stated the MPO process takes about 10 to 12 years and questioned if traffic needs on Burnt Store Road will be met until completion of the MPO process. Mr. O’Kane responded affirmatively. Chairman Horton noted the $3.8 million for U.S. 41 Beautification and questioned if the reclaimed water for U.S. 41 Beautification is part of the plan. Michael Saunders, Utility Engineer, reported the Comprehensive Plan directs that potable water not be used for irrigation and stated reclaimed water is the best option. Chairman Horton questioned the need for hardening the Sheriff’s Office building for the EOC/911 Center. John L. Dickinson, Capital Projects Director, advised the corners of the metal roof of the Amerace Building were reinforced and upgraded to the 110 mph windload specification whereas the EOC will be designed to withstand 140 to 150 mph windloads and explained the existing site could accommodate a 20,000 square foot building but the plan is for a new 10,000 square foot EOC/911 Center. Chairman Horton requested an explanation of the School to Connect to County


Radio System and Expand Emergency Radio System projects. Paul Winter, Emergency Management Telecommunications Manager, stated the projects are not related i.e. acquisition of the console will allow the School Board to access the special public safety features i.e. alert functions from school buses and direct identification by dispatchers. Chairman Horton commented on the need for an interlocal agreement with the School Board to define “public use” and availability of the three school pools to be upgraded. Commissioner Devos opined “public use” would occur outside of school hours. Attorney Lee stated “public use” may be defined in an interlocal agreement. Chairman Horton opined the six year Sales Tax Extension will generate more than the projected $95 million, noted the Other Potential Projects list, and suggested the homeless shelter be addressed including the operation, personnel, and management costs i.e. is the County going to fund the construction of the $600,000 proposed shelter and is Dr. Ross going to manage it out of the Charlotte County Mental Health budget. Commissioner DeBoer advised a much more specific project list would be necessary to gain his full support; he has focused on road issues i.e. Burnt Store Road, Aqui Esta, Veterans Boulevard, Edgewater Extension, and the completion of the Winchester Evacuation Route, and 10% for economic development; pointed out the short-term impact of these projects is almost non-existent since they are being maintained and the long-term impact would involve rejuvenation of asphalt; and stated other projects should be included in a six-year extension. COMMISSIONER DeBOER MOVED FOR APPROVAL TO ADD $600,000 FOR A HOMELESS SHELTER TO THE LIST, SECONDED BY COMMISSIONER DEVOS AND DECLARED UNANIMOUS (4:0). COMMISSIONER DeBOER MOVED FOR APPROVAL TO INCREASE THE AMOUNT FOR THE BURNT STORE ROAD SAFETY FEATURES FROM $2.5 MILLION TO $3 MILLION, SECONDED BY COMMISSIONER CUMMINGS AND DECLARED UNANIMOUS (4:0). COMMISSIONER DeBOER MOVED FOR APPROVAL TO ADD $600,000 FOR THE CHARLOTTE COUNTY FAIR ASSOCIATION PROJECT, SECONDED BY COMMISSIONER CUMMINGS. Commissioner Devos stated more discussion is necessary before finalization of the project list i.e. $6 million, a $1 million increase over the initial $5 million, for the Stadium that she opposes; stated these funds could be used for roads and other projects; wants specifics regarding the auditorium project including revenues and maintenance cost offsets; the homeless shelter; the $2 million for a 25 meter pool in West County; the $2 million for a 50 meter pool at the Stadium aquatic center; and boat ramps.


Commissioner Cummings expressed support for the motion even though he has concerns, estimated the total projects at $110 million, and pointed out two categories of projects will probably be necessary i.e. to do and to do with unanticipated revenues. CALL ON THE MOTION: DECLARED UNANIMOUS (4:0). Commissioner DeBoer expressed understanding that the projects are subject to debate and change. COMMISSIONER DeBOER MOVED FOR APPROVAL TO CUT THE STADIUM SPORTS COMPLEX FROM THE LIST AND REDUCE THE AMOUNT BY $6 MILLION. Commissioner DeBoer pointed out the Stadium Sports Complex was originally at $17.3 million, stated as a result of the Charlotte Assembly he learned of negative comments, and until a cost benefit analysis has been performed, people are unwilling to spend any more money on the Stadium. COMMISSIONER DEVOS SECONDED THE MOTION. Chairman Horton opined money needs to be spent on the Stadium. Pamela D. Brangaccio, Interim County Administrator, explained the entire amount of $15 million to $20 million was not requested for the project based upon prioritization of the pool as the long-term replacement pool for mid-county and renovations of existing ball fields. CALL ON THE MOTION: COMMISSIONERS CUMMINGS, DEVOS, AND DeBOER VOTED “YES” AND CHAIRMAN HORTON VOTED “NO.” MOTION CARRIED: (3:1). Commissioner DeBoer pointed out many of the projects are phased, Sales Tax revenues are requested for specific phases, residents are unaware of the projects completed since they are not publicized, and this is necessary to build confidence and community support. Commissioner DeBoer stated the Courthouse renovations will be extremely controversial and suggested either a ballot question be put on the referendum to find out if voters want to spend money to renovate the Courthouse for non-governmental uses or fund it through sales tax revenues. Commissioner Devos stated she would provide a list of her concerns. Chairman Horton suggested a public workshop be scheduled as soon as possible. Mrs. Brangaccio pointed out the ordinance is a separate issue and suggested staff review Board Members comments and concerns and bring them back either at a meeting next week, to be scheduled later today, or at the next Board meeting on August 27, 2002. Commissioner Devos referenced a memorandum she sent regarding projects and stated she wants staff to bring back the expansion of existing boat ramps and parking with recommendations instead of paying $3 million for one boat ramp; the $25 million for a 25 meter pool in West County and suggested, if the pool is to be made for public uses, then the pool should be made a part of the West


County Regional Park; the homeless shelter has already been addressed; opined renovations to the Auditorium will probably cost less than anticipated revenues from the improvements; suggested including a commercial kitchen, redoing the air conditioning system, making it more attractive to business users, and economic development; concurred with the $500,000 increase for the Burnt Store Road Safety improvements; pointed out the list of sidewalks does not reflect all of the sidewalks to be constructed within the next six years; advised she has asked Mrs. Brangaccio for a detailed long-range plan for sidewalk linkage for recreational and transportation as a part of neighborhood planning; reported a proposal is before the MPO for bike paths and wilderness trials including a large sidewalk on U.S. 41 that should be included in the planning for the U.S. 41 Beautification project; advised she is reluctant regarding the Courthouse project due to politics; and she wants to focus on community needs including roads and human services, quality of life, parks, and sidewalks. Commissioner Cummings stated he would revise his list and send it to Mrs. Brangaccio. Commissioner DeBoer expressed surprise at the difference in the prior list and the list provided this morning and recalled discussions that prioritized road projects as number one whereas the revised list has parks as number one and additional potential projects. COMMISSIONER DeBOER MOVED FOR APPROVAL TO ENACT ORDINANCE #2002-032 FOR PLACING ON A REFERENDUM, WITH THE NOVEMBER 5, 2002 GENERAL ELECTION, A SIX-YEAR EXTENSION OF THE $.01 (1%) LOCAL SALES TAX FROM JANUARY 1, 2003 THROUGH DECEMBER 31, 2008, SECONDED BY COMMISSIONER CUMMINGS. Commissioner Cummings advised his list is in categorical order. CALL ON THE MOTION: DECLARED UNANIMOUS (4:0). RECESS: 12:15 P.M. – 12:25 P.M. (County Attorney Reneé Francis Lee and Interim County Administrator Pamela D. Brangaccio were not present for this portion of the meeting.) P. 11:00 A.M. Presentation Agenda Item P, Coastal Technology Corporation presentation on Sarasota/Charlotte Beach Erosion Study


Dan Quick, Stormwater Management Manager, recalled approximately one year ago, the Board authorized Coastal Technology Corporation to begin work on a joint Sarasota and Charlotte Counties beach erosion study; reported a draft of the study has been completed and will be presented this morning by Michael T. Poff, CEC of Coastal Technology; and recognized Cliff Truitt, Coastal Technology Director of Engineering and Pamela Truitt, TICI of Coastal Technology, who served as primary consultants; Sarasota County Project Manager Laird Rayford; and Phil Flood with the Florida Department of Environmental Protection (FDEP). Michael T. Poff, CEC, presented a slide presentation based upon the feasibility study including a project overview, conceptual plans, preliminary cost estimates, funding options, and the community’s willingness to pay for public and Board Members comments and modifications. Mr. Poff advised the joint study with Sarasota County and FDEP encompasses 32 miles of shoreline i.e. 21 miles in Sarasota County and 11 miles in Charlotte County, extending from Siesta Key to Little Gasparilla Island, except for the City of Venice beach front, of which approximately 10.5 miles in Sarasota County and 6 miles in Charlotte County that have been designated as critically eroded; the project is funded 50% by FDEP, 31% by Sarasota County, and 19% by Charlotte County; enumerated the Goals of the Study, the Public Involvement Process that started in October 2001 with community level at-large meetings, charrettes, and workshops, development of conceptual designs and funding alternatives; Site Characterization including the graph of the Historical Erosion Analysis reflecting huge erosion on the interior shoreline of Knight Island and Gulf areas and accretion erosional trends; Wave Climate and Design Criteria using data from the U.S. Army of Corps of Engineers and Coastal Research Center; Storm Erosion Modeling shows a beach profile and over 200 feet of erosion at the Bocilla Pass in the last 27 years and the storm modeling projects the kind of erosion likely at different magnitudes of storms; Risk Assessment aerial showing the impact zones of 10-year and 50-year storms and pointed out Gabrielle was an 8 to 10-year storm; a Sand Source Inventory was compiled of Existing Sand Resources and Native Beach Analyses and Characterizations; a Characterization of Natural Resources compiled by Dial Cordy and Associates, Inc. focused on sea turtle and shore bird protection; a Conceptual Alternatives Assessment was performed and projects must be consistent with Florida Statutes criteria i.e. beach restoration of critical erosion areas, designed to


reduce potential upland damage from storms as well as to mitigate man related inlet or structure impacts; objectives of the program are erosion control, beach preservation, and storm protection; Alternatives including “No New Action” Alternative No. 1 on stable beaches i.e. the south end of Little Gasparilla Island; Dune Restoration where a small amount of sand, plants, and irrigation are added; Beach Restoration for critically eroded shorelines; Coastal Structures; and the three Planning Areas i.e. Manasota Key, Knight/Don Pedro Island, and Little Gasparilla in Charlotte County. Mr. Poff advised Manasota Key residents have not reached a consensus regarding beach renourishment, the North and South Manasota Key Associations met two weeks ago with a view towards building consensus of what project, if any, should be done; there are outstanding questions on what sand source would be used for a proposed beach fill project including color, type, and location and what the funding allocation would be to off-beach owners; and recommended additional technical support to identify the sand source, continued public outreach to build a consensus, the web site upkeep, and advanced of funding and economic models. Mr. Poff reported five alternatives have been devised regarding Manasota Key, of which several specific to Sarasota County; and reported on Alternatives applicable to Charlotte County as follows: Alternative No. 2, the Basic Restoration Project, will address erosion on the south end of Manasota Key and the portion in Charlotte County by providing approximately 660,000 cubic yards to buffer impacts of a 10 to 15-year storm and translating the water line an average of 130 feet seaward along 12,580 feet along the shoreline from FDEP Monuments R-173 (Sarasota) to R-3 (Charlotte), and presented the aerial coastal, dune and access areas; Alternative No. 3 is specific to a Dune Restoration Project in Sarasota County; Alternative No. 4 is an extension of Alternative No. 2 to address increasing erosion north and south of the Basic Restoration Project area from Monument R-156 (Sarasota) that has some hard bottom resources i.e. rock outcroppings in shallow water areas that may be habitat for marine life and protected by various permits; expansion of the beach fill from the County Park and the State Park down to south Manasota Key needs to be balanced with the Stump Pass Dredging Project; the project area is comprised of 42,640 feet along shoreline from FDEP Monuments R-156 to R-16 (Charlotte); and showed an aerial of the Chadwick Park Beach area reflecting the beach fill, public access, dune, and 10 to 50-year storm impact


zones. Mr. Poff reported Palm Island Resort initiated a beach renourishment project in 1994, stated the Stump Pass Dredging Project is in the fore front of beach front owners and the majority of people agree something must be done; the consensus is to move forward; proposed Alternative No. 1, the Stump Pass Sand Transfer a.k.a. the Charlotte County Erosion Control Phase I, and Alternative No. 2, Enhanced Storm Protection, to extend the beach fill limits to address additional erosional areas as well as Little Gasparilla Island northern 2,000’ and widens the beach fill to provide protection from a 10 to 15-year storm; the perception is that Alternative No. 2 is preferred as it provides a higher level of storm protection and spreads the cost out over a larger number of people; concerns that must be resolved are the funding distribution, parking and public access, additional funds required by residents that are facing infrastructure assessments and increased property taxes. Mr. Poff reviewed the details of Alternative No. 1, Stump Pass Sand Transfer, requiring 500,000 cubic yards to restore and maintain the 1980 channel consistent with the management study completed last year including beach fill areas of the North Beach – Knight Island (from FDEP Monuments R-22 to R-26) and South Beach Fill – Knight and Don Pedro Islands (from FDEP Monuments R-29 to R-39) as shown on the aerials. Mr. Poff presented details on Alternative No. 2, Enhanced Storm Protection, requiring 1,300,000 cubic yards to extend the project area including North Beach Fill – Knight Island for about 4,000 feet along the Stump Pass South Shoreline from FDEP Monuments R-22 to R-24 and requiring 170,000 cubic yards to fill in the former channel, and the South Beach Fill – Knight, Don Pedro, and Little Gasparilla Islands for approximately 20,400 feet along Gulf front from FDEP Monuments R-29 to R-50 requiring 1,170,000 cubic yards as reflected on the aerial photograph. Mr. Poff stated Little Gasparilla Island is included in Alternative No. 2, Knight/Don Pedro Islands, and most residents believe that if the State would fix their erosion problem on the State Park, then the localized erosion problem on the north end would be addressed; therefore, more discussion is needed regarding the State Park; and concluded that a reasonable cost solution may be acceptable. Mr. Poff recommended, if Alternative 2 fails and Alternative 1 goes through, Alternative No. 3, Dune Restoration of Little Gasparilla Island on the north end, that will require 8,000 cubic yards truck hauled from the Stump Pass Dredging Project and plant it with native species to address the immediate need at a reasonable cost as shown on the


aerial of Alternatives 2 and 3 and areas of critical erosion. Mr. Poff explained the goals of the Long-Term Funding Program are to identify multiple sources to pay for a benefits-based program tailored to each planning area and provide adequate funds over the long term to support beach management objectives; stated funding sources at the Local Level include Tourist Development Council (TDC), establishment of an MSBU, General Revenue/CIP, WCIND (as used for Interim Stump Pass projects), and property owners; the State has a $30 million Beach Erosion Control Program, of which Charlotte County has been an active participant and received funding to cost share, this Study and the Inlet Management Study and Stump Pass Dredging and Fill Project in 2001; and reported Federal funds will not be accessible for the initial project but if a managed beach is implemented and erosion is caused by a storm, then Federal Emergency Management Agency funding would be available to reimburse up to 75% of losses on the managed beach area. Mr. Poff reviewed the Public Access Inventory prepared by FDEP and indicated if State requirements are met regarding easements to allow public access, then State Cost Sharing would be available to Manasota Key at 25% with 12% to Knight/Don Pedro Island, and 0% to Little Gasparilla Island. Mr. Poff related State Cost Sharing could be increased based upon the existing access at the south end of the Palm Island Resort that was platted during development by 12% but by creating five foot wide accesses and stablization with crushed shell or mulch that could be developed with WCIND, the owners of several lots on and off Knight/Don Pedro Islands, and increase the State Cost Sharing to 35%, and if two additional easements along the Gulf front could be acquired, then the State Cost Sharing could be increased to 50% of construction costs. Mr. Poff presented schematics of the Knight/Don Island Project from FDEP Monuments R-29 to R-39 and potential access and parking to gain State Cost Sharing and limits of clearing and stabilization of public access. Mr. Poff enumerated Local Funding Plan Components identified the Primary Benefit as storm protection and the Secondary Benefits as enhanced property values, recreation, navigation, and environmental habitats; the benefit allocation as Storm Protection at 60% to 75% of project benefits and Secondary at 25% to 40% of project benefits; and MSBU Zones A (all beach front properties – 100% storm protection and B (all off beach properties – 0% storm protection); Conceptual Project Funding Plains for Manasota Key, Zone A property owners would pay 100%


storm protection benefits and 41% (under Alternative 2) to 62% (under Alternative 4) of Secondary Benefits whereas Zone B property owners would pay 0% of Storm Protection Benefits and 38% (under Alternative 4) to 59% (under Alternative 2) of Secondary Benefits; Knight/Don Pedro Island property owners in Zone A would pay 100% of Storm Protection Benefits and 21% (under Alternative 1) to 23% (under Alternative 2) of Secondary Benefits and Zone B property owners would pay 0% of Storm Protection Benefits and 77% (under Alternative 2) to 79% (under Alternative 1) of Secondary Benefits; and Little Gasparilla Island property owners would pay 100% of Storm Protection and Secondary Benefits (under Alternative 3). Mr. Poff summarized costs to Manasota Kay property owners (under Alternative 2) for the Basic Restoration Project at a total cost of $7,343,000 includes construction, permitting, monitoring, note on the bonds, MSBU fee set ups, with the County’s Share of Costs to be determined whereas the State’s Share of Costs would be $1,982,600, and property owners’ Share of Costs would be $5,360,400 (contingent upon the County’s Share); the costs for each of the 110 property owners of beach front in Zone A would pay from $3,720 to $4,155 per year for 10 years and each of the 156 off beach property owners in Zone B would pay from $505 to $810 per year for 10 years. Mr. Poff presented an additional slide on the 60%/40% split that would result in allocations of $3.2 million (60% for Primary Benefits) and $2.1 million (40% for Secondary Benefits); the 110 Zone A property owners would pay all of the $3.2 million at $2,920 per year for 10 years they would pay 41% of the Secondary Benefits or $800 per year for 10 years whereas and the 156 Zone B property owners would pay $1.26 million at $810 per year for 10 years; therefore, the total cost per property owner in Zone A would be $3,720 and Zone B property owners at $810 per year for 10 years. Commissioner Devos requested an explanation regarding routine maintenance cost allocations. Mr. Poff indicated the calculations are based on initial costs and maintenance issues have not been addressed since the projected life is between 10 years with design and funding assessments in approximately 8 years. Commissioner Devos questioned the maintenance time line required by FEMA. Mr. Poff commented on disputes regarding projects designed for a 10-year span but the communities have not maintained them at five-year intervals and FEMA has determined they are not eligible for funding and suggested the maintenance cycle be identified and included in the design documents and work with


FEMA. Commissioner Devos concluded that maintenance assessments would be based on a 10-year program so that property owners would not experience additional costs other than project costs. Mr. Poff responded affirmatively regarding the Manasota Key project since other projects have other life cycles. Mr. Poff pointed out Manasota Key property owners (under Alternative 4) for the Enhanced Restoration project at a total cost of $22 million, with the County’s Share of Costs to be determined and property owners’ Share contingent amount that amount and the State’s Share of Cost at $5,500,000, and the community’s Share of Costs (with no County Shared Costs) would be $16,500,000 that would be divided between 650 beach front property owners in Zone A at $1,125 to $2,265 per year for 10 years and 400 off beach property owners in Zone B at $390 to $625 per year for 10 years; and informed the Board that the individual costs go down since there are more property owners in the bigger project. Mr. Poff continued the slide presentation with the costs relative to the Knight/Don Pedro Island, Stump Pass Sand Transfer Project (Alternative 1) at a total cost of $5,230,000, with the County’s Share of Costs (WCIND, CIP, and TDC) would be $745,000; the State’s Share of Costs would be between $550,000 to $2,120,000 based upon implementation of the public access strategy and reduced property owners’ Share of Costs from $3,935,000 to $2,365,000 payable by the $249 beach front property owners in Zone A at $1,600 to $3,200 per year for four years and the 951 off beach property owners in Zone B from $120 to $330 per year for four years whereas the Enhanced Storm Protection Project (Alternative 2) would have a total cost of $12,600,000 with the County paying $745,000, the State’s Share of Cost would be $1,240,000 to $4,770,000 (again contingent upon implementation of the public access strategy by the County), to reduce the cost to the community from $10,615,000 to $7,085,000 payable by 360 beach front property owners in Zone A at $1,700 to $3,000 per year for eight years and 1,200 off beach property owners in Zone B at $140 to $340 per year for eight years. Mr. Poff advised one of the criteria for receiving a portion of the $30 million State funding is public access and Charlotte County is currently on the Alternative List for the Stump Pass/Knight/Don Pedro Island Project and public access strategy implementation would enhance the chances of Charlotte County getting on the Priority List and getting a portion of the money. Mr. Poff explained the Little Gasparilla Island Dune Restoration Project (Alternative 3) has a total cost of $243,000 with the County paying $12,000,


the State would pay no portion of this project’s costs and the Community Share of Costs would be $231,000 payable by the 50 beach front property owners in Zone A at $1,155 per year for four years. (Interim County Administrator Pamela D. Brangaccio was present for the remainder of the meeting.) Mr. Poff reviewed the Project Schedule that commenced in October 2001, the Site Characterization and Risk Assessment was developed during October through December 2001, the Planning Process continued with meetings and charettes from January through March 2002, Design/Funding Options/Workshops were performed from April through July 2002, the Draft Report and Board of County Commissioners Presentations to Charlotte County in August 2002 and Sarasota County in September 2002 with issuance of the Final Report in September or October 2002. Mr. Quick updated the Board on the Stump Pass permitting application for the 1980 alignment that has progressed with the County filing of responses to all regulatory agencies with more agency comments and requests for additional information are anticipated within the next two weeks and projected permit issuance in November or December with project completion prior to sea turtle nesting. Mr. Quick presented a slide of the Charlotte County Erosion Phase I project including sand placement from the 1980 alignment dredge at R-24 and from R-29 to R-39 and Zones A and B. Chairman Horton apologized for all of the frustration regarding this project since 1996 and announced the opening of public input. Juanita Schultz, a 30-year South Manasota Key property owner, presented a petition from residents and realtors indicating they had no knowledge of the renourishment project; advised petitioners are opposed to paying based on the number of lots and creating public access; opined sea walls in front of Debbie Weston’s property have created a lot of problems; during her residency, she has noted that at times there is no beach while other times the beach may be up to 200 feet; petitioners are opposed to renourishment from the Tom Adams Bridge south; and offered to provide additional signatures of currently out of town residents and owners. Mrs. Brangaccio clarified the only project in the permit application is the Knight/Don Pedro Island planning area; there will be numerous public hearings this fall to consider an ordinance establishing of an MSBU district; advised the same process will be undertaken within the next two years regarding the Manasota Key area; pointed out the presentation today is only for informational purposes and the estimates are wide range; staff was looking for direction at


this presentation and a future workshop will be scheduled to discuss percentages to be paid by property owners through an MSBU as well as the County with WCIND, TDC, and CIP monies; reiterated the primary focus for 2003 is Knight/Don Pedro Island and Alternatives must be selected within 30 to 60 days. B.J. Gailberaith, South Manasota Key Association President, commented on her participation in many meetings on beach renourishment that have been well publicized; stated, although residents are not anxious to have sand put on the beach, they will support the dredging of Stump Pass to the east and west for the 1980 alignment. Debbie Weston, owner of Weston’s Resort on the south end of Manasota Key, stated she has a different approach to the beach renourishment than many property owners due to her tenure on the TDC for 14 years; the project is needed by Manasota Key residents and Charlotte County residents to attract tourists; acknowledged the tourists must be able to have beach access; expressed a willingness to pay her fair share to protect her property, the beach, and to promote Charlotte County; and suggested everyone work with the County to make sure this works for everyone. (County Attorney Reneé Francis Lee was present for this portion of the meeting.) Louis Putney, a duplex owner on the south end of Manasota Key, expressed opposition to assessing beach front owners for the project costs since the beaches attract tourists to Florida and impact the County; advised he sends 10% of rental monies to the State and the County every year, property taxes have increased two or three times in the last three years, and he has had to increase rents; and requested the Board review other options for the beach renourishment, if it is necessary. George Oliver expressed unawareness of the amount of money that has been expended on Stump Pass; stated if the County cannot afford to do it right, then wait until jetties can be installed like the City of Venice did; and recalled Dean Beckstead of Palm Island Resort spent $1.2 million in 1994 for beach renourishment and the sand has come and gone; and you cannot fight Mother Nature. Ron Mixner, a Don Pedro Island property owner, questioned if any concessions will be made regarding the ferry to Don Pedro providing public access; stated there is plenty of parking but it would cost $25 to get to it; requested an explanation as to the source of information since there are 40 units on the beach that are owned by people from out of State and Country; there are 28 units on the Gulf; and questioned the fairness of the assessment to beach front vacant lot owners. COMMISSIONER DEVOS MOVED TO CLOSE THE


PUBLIC HEARING, SECONDED BY COMMISSIONER DeBOER AND DECLARED UNANIMOUS (4:0). Mrs. Brangaccio reiterated this was a presentation, not an action item, and staff will need to bring back recommendations as to the Knight/Don Pedro Island Alternatives for a $5.2 million or a $12.6 million project with funding options including the County’s Cost Sharing and percentages for assessments in Zones A and B; recalled discussions regarding Lemon Bay property owners that need to be brought back; stated the Board needs to adopt an ordinance establishing an initial uniform MSBU assessment collection for the tax by the end of December; pointed out assessments would be levied after completion of the project during next year’s budget cycle; and advised an internal loan or a short-term commercial loan would be necessary to fund construction of the project after January 2003. Chairman Horton questioned if sufficient sand will be placed on the shorelines to qualify for FDEP beach renourishment funding. Mr. Poff explained he should have the answer when FDEP files comments to the REI response in about two weeks on the question of mechanically transferring sand or allowing the projected collapse of the shoal on the Gulf side of Stump Pass to naturally transfer sand and nourish portions of Knight/Don Pedro Islands and what FDEP will allow in the permitting. Chairman Horton concluded if FDEP does not permit this as a beach renourishment project, then Alternative 2 is the only option. Mr. Poff stated Alternative 1 would have to be 100% funded locally. Chairman Horton requested verification if the public access/parking to be provided through WCIND funding will be sufficient to obtain the maximum amount from FDEP. Mr. Poff reported two more public accesses would need to be created to obtain the full State Cost Sharing and pointed out staff has been working with beach front property owners willing to provide easements in order to get the maximum. Chairman Horton requested information on completing the project prior to the next sea turtle nesting and hurricane seasons. Mr. Poff projected completion prior to April 2003. Chairman Horton acknowledged the $745,000 represents County-wide funding; opined the people who are going to receive the sand on shorelines will benefit the most and they are willing to pay the largest share (Zone A); expressed the belief that off beach (Zone B) and mainland water front property owners (Zone C) receive Secondary Benefits; suggested a Zone D for property owners located west of the Myakka River who should pay a portion; and stated Zone E is comprised of residents across the County line located north of


Stump Pass (Englewood and Sarasota County). Commissioner Devos suggested creation of a Zone F to include property owners east of the Myakka River since the project will benefit the entire County and all property owners should share in the cost on a pro rata basis. Commissioner Cummings stated he is encouraged because of the status of the project and calculations made in view of a long term management plan; disagreed with County-wide participation since the entire community has paid into WCIND and the annual allocations have been paid towards the Stump Pass project over the last six years; indicated other navigation projects should not be neglected; opined the County has been supportive of its neighbors and it is time it became a two way street; agreed with the proposal and inclusion of property owners in Lemon Bay and west of the Myakka River. Commissioner DeBoer agreed with Commissioner Cummings regarding the WCIND funds paid by all property owners, the allocations made to the Stump Pass project, and concurred with the inclusion of the Lemon Bay Drainage District. Chairman Horton commented in support of Alternative 2 with the maximum participation of FDEP. Commissioners Cummings and DeBoer concurred. Mrs. Brangaccio suggested an update be brought back to the Board after FDEP’s response has been received, either on August 27, 2002 or the first Board meeting in September 2002 to finalize the project alternative, assessments, and the inclusion of the Lemon Bay Basin. RECESS: 1:45 P.M. – 1:50 P.M. (Supervisor of Minutes Caroline W. Lounsbury replaced Deputy Clerk Diane Nice for the remainder of the meeting. Finance Director William A. Knoble replaced Chief Deputy Board Services Tommy Q. White for this portion of the meeting.

WORKSHOP AND HEARING AGENDA Q. 11:30 A.M. Presentation Agenda Items Q-(a), Presentation by Dufresene-Henry on Airport Commerce Park Overlay and Q-(b), Authorize and Direct the County Attorney’s Office and Community Development Department to develop Interim Control Ordinances to be applied to properties within the boundaries of the Airport Commerce Park Overlay District and West Murdock Land Use Amendments


Chairman Horton announced that Dufresene-Henry have requested to defer their presentation until the next Board meeting scheduled for August 27, 2002. Commissioner Devos stated that the comments made this morning need to be addressed on the 27th. COMMISSIONER DeBOER MOVED FOR APPROVAL TO DEFER THIS AGENDA ITEM UNTIL TUESDAY, AUGUST 27, 2002, SECONDED BY COMMISSIONER CUMMINGS AND DECLARED UNANIMOUS (4:0). Commissioner DeBoer requested that the comparisons be done. Chairman Horton apologized to the representatives of Dufresene-Henry.

REGULAR AGENDA R. Unfinished Business Agenda Item R-1, Attorney/Public Works Update Bocilla Utilities and Anne Merry Bridge Attorney Lee informed the Board that an agreement has been worked out and will be brought back to the Board on Tuesday, August 27, 2002. Agenda Item R-2, Permitting Update Richard E. Howell, Utilities & Construction Services Director/Interim Assistant County Administrator presented the permitting update as follows: 1. Reduction of permits. As of yesterday there are currently 46 single-family residential permits awaiting review. 2. Permits from the last week of July are being reviewed now. 3. Two new Plan Examiners have been added to staff. 4. A third Plan Examiner is scheduled to start working on Wednesday. 5. There is extreme concern regarding the high amount of rejected permits coming through. A top ten list has been compiled to see what problems are occurring. The reasons for rejections are not necessarily related to the new code. The rejections are related to materials and details that are left out. There is still a learning curve and we’re trying to get out and meet with the industry, various trades groups and design professionals trying to improve the level of submittals coming into the department, because the rejections for us, takes more time than an approval. 6. An extensive checklist has been developed, consisting of approximately eight pages. This checklist is provided to the Plans Examiners, which cites all of


the code requirements. This checklist has been distributed to all of the professionals and hopefully the permits will be approved and approved quickly. 7. Approximately eight different workshops have been held with members of the industry. We’re trying to get more information out on the web site making it easier for citizens and Builders to go into the web site, check on the status of permits and to obtain all the information that is available on those permits. 8. Inspection Division continues to be swamped. We do have a request in the Budget for next year for additional inspectors. We would like to have permission to start hiring these people now and if we were to hire all these people a month early the budget impact would be approximately $13,000.00 if all six people would come on board two weeks from today. 9. Moving forward with space planning. 10. Cross-functional task force of employees who have been working on devising new permitting procedures which will entail a more detailed review by the permitting clerks when the permits are submitted. Hopefully we’ll be able to catch discrepancies and omissions from the submittals at that point and speed up the overall process. 11. A meeting was held on July 10th with staff and members of the building industry and discussions were held regarding the formation of an advisory task force including community members. We will continue with our monthly meetings with CBCA. Commissioner Cummings questioned the timeframe for obtaining a permit for single family residential homes. Mr. Howell stated approximately six to eight weeks, but turn around time is approximately three weeks. (Board discussion ensued regarding cross training of employees, and length of time for obtaining another certified trade.) Commissioner Devos commented on an e-mail she sent to Mr. Howell three weeks ago and still hasn’t received a response. Commissioner Devos stated the biggest complaint she has been hearing is about the process issues. Commissioner Devos requested assurance the process issues have been improved. Commissioner Devos questioned if provisional permitting has been started. Mr. Howell responded affirmatively. Mr. Howell apologized for no one getting back to Commissioner Devos’ e-mail. Commissioner Cummings questioned if a permit is rejected, are we asking the people what seems to be the problem. Mr. Howell stated that staff is doing this now. (Board discussion ensued regarding planning statistics.) Mr. Howell stated by the end of August or the beginning of September, target date for turnaround on permits is scheduled for ten business days. Chairman Horton stated his biggest


concerns are permitting for single family residential homes. Commissioner Devos questioned if a Plans Examiner is on vacation or some type of personnel leave, do the plans just sit there and wait until he comes back for review. Mr. Howell stated this shouldn’t happen, but isn’t quite sure if it has been happening. Vincent LaPorta, Deputy Building Official, commented on the new Code where people were going on vacation at that time, and if the plan was rejected for a certain item it was sitting there while the other Plan Examiners were doing other plans that weren’t rejected or just being reviewed for the first time in hopes of getting those out the door. Commissioner Devos requested an example of a rejected plan. Mr. Howell commented on garage door specifications not meeting engineering specifications. Commissioner Devos questioned as why can’t someone else look at the plans and why does it need to sit there and wait for the original Plan Examiner to review it. Mr. LaPorta stated if there is only one time that would be fine to have another Examiner review the plans, but if there are five or six items then the same Examiner is needed. Mr. LaPorta stated for the record: “We’ve never had that practice of rejecting something one time, send it to the contractor and reject it for something different the next. That has never been our policy.” Commissioner DeBoer questioned the code requirements for permitting timeframe. Mr. Howell responded 30 days for permitting. Commissioner DeBoer stated it is his understanding that an inspector can reject, even on an approved set of plans, for substandard materials. Mr. LaPorta responded affirmatively. (Administrative Assistant Joann Dillon replaced Administrative Assistant Jennine Thornley for the remainder of the meeting.)

PLANNING AND ZONING AGENDA Rezonings: (This is a quasi-judicial hearing which requires disclosure of “ex-parte” communications and sworn testimony. Findings must meet the “substantial competent evidence” legal standard that the proposal is consistent with adopted policy. This allows cross-examination of witnesses and rebuttal.) (Proof of publication was in order.)


Agenda Item Y(1), DRC-PD-92-1 (MM) District III (Talisman Marina) (Attorney Lee administered the oath to prospective witnesses.) Chairman Horton polled the Board Members and questioned if any of them had any ex-parte communications to announce. Commissioner Cummings, Commissioner DeBoer and Commissioner Devos stated there is nothing to report. Chairman Horton stated he received a telephone call from Mark Zurka expressing concerns with this major modification request. Elliot Kampert, Planning Services Manager reported this application is for a major modification to the existing Planned Development (PD) to allow live-aboards on the marina. Mr. Kampert stated the site is located in Commission District III, north of Panama Boulevard, south of Esther Street, east of Lemon Bay and west of CR 775, Englewood area and contains 12.82 acres more or less with a complete legal description on file. Mr. Kampert reported that the Community Development Department recommends denial of this major modification. Mr. Kampert reported he received a Consent Order from the Department of Environmental Protection late yesterday afternoon and staff hasn’t had time to completely review it. Anne E. Bast, Assistant County Attorney reported legal has not reviewed the Consent Order and several parties involved will appeal this order. Commissioner Devos stated the Board shouldn’t go ahead with this item until staff has time to review the Consent Order and bring back their recommendations to the Board. Attorney Bast reminded the Board that it was their direction not to continue this matter. Michael P. Haymans, Esq. with the law firm of Farr, Farr, Emerich, Sifrit, Hackett & Carr, P.A., spoke on behalf of the applicant and explained the Consent Order was received yesterday and will be recorded in the Official Public Records today. Attorney Haymans stated in the interest and fairness to the Board Members and staff, a 30-day continuance would be in order. Kevin Russell, Esq. with the law firm of Wilkins, Frohlich, Jones, Hevia, Russell & Sutter, P.A. stated he represents the following individuals: Ben and Barbie Davis, Anthony and Carolyn Dean, John and Sue Dorso, Allen and Denise Harvey, Jim Shakroll who are owners of properties adjacent to the Marina. Attorney Russell stated he received the Consent Order today at 12:30 P.M. and hasn’t had an opportunity to review it, but if the Consent Order has a negative effect to his clients’ position; they will plan on appealing this order.


Attorney Russell stated the following information for the record: “My clients have had no DRC input in regard to this matter. That DRC meeting occurred back in January. We did not get proper notice for that and therefore, could not and the DRC notes do not reflect any input from my clients, because of their lack of notice.” Attorney Russell stated this application is the result of an enforcement action. Attorney Russell stated that one might argue that the applicant might still have some live aboards at the marina in violation of the zoning code and in violation of the then existing State permit. Attorney Russell reported that the original PD did not allow live aboards. Attorney Russell stated the Zoning Code, Section 3-8-80E requires if there is a conflict between the Charlotte County and State Regulation, the more restrictive shall apply. Attorney Russell stated that live aboards pursuant to the State permit, wherein the docks were constructed was to be prohibited in perpetuity. Attorney Russell voiced opposition to the continuance of this public hearing. COMMISSIONER DEVOS MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY COMMISSIONER CUMMINGS. Attorney Haymans questioned if he needs to speak on every issue now if this public hearing isn’t going to be continued. Attorney Haymans stated as of now, the last inspection done at the marina by Charlotte County showed no violations. Commissioner Cummings stated if we close the public hearing now, the Board will need to make a decision on the major modification. Attorney Lee stated another public hearing can be held or the Board can continue this one. Chairman Horton questioned if the wording of the motion was changed to continue the public hearing instead of closing the public hearing would this suffice. Commissioner Cummings recommended the motion be cleared from the table. CHAIRMAN HORTON DECLARED THE MOTION ON THE FLOOR OUT OF ORDER AND REQUESTED ANOTHER MOTION BE MADE. COMMISSIONER DEVOS MOVED FOR APPROVAL TO CONTINUE THIS PUBLIC UNTIL SEPTEMBER 10, 2002, SECONDED BY CHAIRMAN HORTON. Commissioner DeBoer stated he would vote against the motion. Commissioner DeBoer stated when we granted the last extension we agreed that in no way, shape or form, should the applicant think that this was any indication the Board’s position that the Consent would effect our decision in one direction or the other and was only done strictly as a courtesy. Commissioner DeBoer stated the time has come to hear this now and get it over with. Commissioner Devos stated that she would prefer to hear from legal as to what recommendations they might have. Attorney Lee


reported that due process needs to be considered and the safest position for the Board to take is to grant the applicant the postponement. Commissioner Cummings stated this is a very uncomfortable position to be in, but he will go along with the extension and will support the motion. Commissioner DeBoer stated he hopes after this, there will be no more extensions given to the applicant. Commissioner Devos concurred. CALL ON THE MOTION: CHAIRMAN HORTON, COMMISSIONERS DEVOS AND CUMMINGS VOTED “YES” AND COMMISSIONER DeBOER VOTED “NO.” MOTION CARRIED: (3:1). (Assistant County Attorney Anne E. Bast replaced County Attorney Renee Francis Lee for the remainder of the meeting.) Agenda Item Y-(2), Z-02-3-8, District III (Michael L. Bossey) Martina Kuche, Planner II stated this application is for a rezoning from Commercial General (CG) to Commercial Intensive (CI). Ms. Kuche stated the site is located in Commission District III, north of Maryland Avenue, south of Winchester Avenue, east of Holly Street, and west of CR 775, Grove City area containing 4.3 acres more or less with a complete legal description on file. Ms. Kuche reported that the Community Development Department and the Planning and Zoning Board recommend approval. Thomas P. McLennon, Esq., with the law firm of McKinley, Ittersagen, Gunderson & Bertnnson spoke on behalf of the applicant. COMMISSIONER DEVOS MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY COMMISSIONER CUMMINGS AND DECLARED UNANIMOUS (4:0). COMMISSIONER DEVOS MOVED FOR APPROVAL OF THE ENACTMENT OF ORDINANCE #2002-033 BASED ON THE FINDINGS AND ANALYSIS PRESENTED IN THE PLANNING AND ZONING DIVISION REPORT DATED JUNE 28, 2002, SECONDED BY COMMISSIONER DeBOER AND DECLARED UNANIMOUS (4:0). Street/Plat Vacations (This is a Legislative Public Hearing which must meet the “fairly debatable” legal standard.) Agenda Item Y (3), PV-02-5-5, District IV (Lawrence & Janice Flood)


Mark Gering, Development Review Manager stated this application is for a partial Plat Vacation for Lots 19 through 23, Block 2998; Lots 1 and 19, Block 2999 and a portion of Omaha Avenue, Port Charlotte Subdivision, and Section 55. Mr. Gering stated the site is located in Commission District IV, north of Luceum Drive, south of Eisenhower Drive, east of Campbell Street and west of Moonglo Drive, Port Charlotte area containing 1.95 acres with a complete legal description on file. Mr. Gering reported that the Community Development Department and the Planning and Zoning Board recommend approval. Nigel “Surl”, agent for the applicant stated he is interested in purchasing the property to create a single family residential home. COMMISSIONER DEVOS MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY COMMISSIONER CUMMINGS AND DECLARED UNANIMOUS (4:0). COMMISSIONER DEVOS MOVED FOR APPROVAL OF THE ADOPTION OF RESOLUTION #2002-107, SECONDED BY COMMISSIONER DeBOER AND DECLARED UNANIMOUS (4:0). Agenda Item Y (4), SV-02-5-6, District II (Victor Specialty Coatings, Inc. Mr. Gering stated this application is for a Street Vacation for Oarsman Street located in Commission District IV, north of Fieldcrest Lane, south and east of SR 776, and west of Hideaway Place, Port Charlotte area. Mr. Gering reported the sited contains 1.99 acres more or less and a complete legal description is on file. Mr. Gering reported that the Community Development Department and the Planning and Zoning Board recommend approval with the following condition: “A six inch Charlotte County Utilities force main exists in the westerly portion of this right-of-way. It shall be surveyed and an acceptable easement shall be granted to Charlotte County Utilities prior to recording of this vacation. Geri L. Waksler, Esq. with the law firm of Moore & Waksler, Esqs. spoke on behalf of the applicant and concurred with the stipulation. COMMISSIONER DeBOER MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY COMMISSIONER CUMMINGS AND DECLARED UNANIMOUS (4:0). COMMISSIONER DeBOER MOVED FOR APPROVAL OF THE ADOPTION OF RESOLUTION #2002-108, SECONDED BY COMMISSIONER DEVOS AND DECLARED UNANIMOUS (4:0).

REGULAR AGENDA T. Additions to the Agenda


Agenda Item T-1, Set a Public Hearing for Tuesday, August 27, 2002 at 11:15 A.M. to consider and approve Minor Plat (Preliminary and Final concurrently) PP-02-4-4, AmSouth Charlotte Harbor COMMISSIONER DeBOER MOVED FOR APPROVAL TO SET A PUBLIC HEARING FOR TUESDAY, AUGUST 27, 2002 AT 11:15 A.M. TO CONSIDER AND APPROVE MINOR PLAT (PRELIMINARY AND FINAL CONCURRENTLY) PP-02-4-4, AMSOUTH CHARLOTTE HARBOR, SECONDED BY COMMISSIONER DEVOS AND DECLARED UNANIMOUS (4:0).

PLANNING AND ZONING AGENDA

(Assistant County Attorney Dan Gallagher replaced Assistant County Attorney Anne E. Bast for the remainder of the meeting.) Notice of Proposed Change Agenda Item Y-5, NB/85 Associates is requesting a Resolution amending Resolution 94-111 and Resolution 89-141, amending the Development Order for Victoria Estates Development of Regional Impact; Finding that this amendment does not constitute a substantial deviation; providing for an amendment to the proposed land use and phasing schedule; providing for an amendment to extend the effective period of the development approval; planning for a reduction in the land subject to the Development Order for Victoria Estates Development of Regional Impact; and providing for additional traffic monitoring. The site is located in Commission District I, north of Old Landfill Road, south of Village Drive, east of Kings Highway, and west of I-75, excluding the Maple Leaf Estates MHP in the Port Charlotte Area. The site contains 421 acres more or less. A complete legal description is on file. Ed Courton, Planner III stated the applicant is proposing to amend Resolutions #89-141 and 94-111, as amended, by the following items: 1. Change the Land Use and Phasing Schedule for both Tracts A

and B. 2. Extend the Development Order from June 30, 2000 to December

30, 2004.


3. Remove fifty (50) acres required by the Charlotte County

School Board adjacent to and along Loveland Boulevard and Suncoast Boulevard. The result of the School Board acquisition is a reduction for Tract B from 600 to 350 dwelling units.

4. Add Suncoast Boulevard between Kings Highway and Loveland Boulevard and Suncoast Boulevard between Loveland Boulevard and Mineola Road as local roadway segments to the regional and local roadways to be monitored by the Developer.

Mr. Couton stated that the Community Development Department recommends approval of this resolution. Michael P. Haymans, Esq. with the law firm of Farr, Farr, Emerich, Sifrit, Hackett & Carr, P.A., spoke on behalf of the applicant and stated this problem arose during a changeover in engineering firms and was caught and corrected. Attorney Haymans stated this change does not presume approval of the Sun Coast Estates Planned Development, which is a matter that is on hold and pending. Attorney Haymans stated this change also does not presume a change in any of the map designations for the use of the property, except for that portion which is now owned by the School Board. Geri L. Waksler, Esq. with the law firm of Moore & Waksler, spoke on behalf of 17 individual owners who own property in the Sun Coast Estates Subdivision. Attorney Waksler stated for the record: “Our continuing objection to the proposed plans for Tract B to have full access onto Suncoast Boulevard.” Attorney Waksler stated that we do recognize that today’s action serves other purposes to which we have no objection. Attorney Waksler requested clarification from the Board and if necessary included in the resolution of the following items: 1. That the addition of Suncoast Boulevard and the Suncoast

Loveland intersection to the list of impacted roadways and segments that are to be monitored does in no way imply approval of access onto Suncoast Boulevard by the property or of the ultimate PD which will be coming before the Board at a later date.

2. Confirmation of the adoption of the revised Map H does not change the recreation area designation of the north east corner.


COMMISSIONER DEVOS MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY COMMISSIONER DeBOER AND DECLARED UNANIMOUS (4:0). Attorney Haymans stated the resolution doesn’t need to be amended as the maps are attached. Attorney Haymans stated if the Board wishes to include additional language in the resolution he wouldn’t have a problem with it. Attorney Waksler reported statements made on the record do not reflect on the maps. Mr. Couton stated the resolution can be amended to include that the revised Map H does not change the recreation area designation of the north east corner. Attorney Gallagher stated legal would like to confirm with counsel regarding the language amendment to the resolution. Chairman Horton announced there would be a short recess. RECESS: 3:20 P.M. – 3:25 P.M. Attorney Bast read the following change to be included in the resolution as follows: “An amendment to end of Paragraph 4 saying nothing contained in this paragraph shall imply approval of access onto Suncoast Boulevard or approval of any subsequent development on Tract B and an amendment to Map H (b) which would remove the word either and add the designation of the recreation area consistent with the prior Map H (b). COMMISSIONER DeBOER MOVED FOR APPROVAL TO AMEND THE RESOLUTION AND THE MAP, SECONDED BY COMMISSIONER CUMMINGS AND DECLARED UNANIMOUS (4:0). COMMISSIONER DeBOER MOVED FOR APPROVAL OF THE ADOPTION OF RESOLUTION #2002-109, SECONDED BY COMMISSIONER DEVOS AND DECLARED UNANIMOUS (4:0).

REGULAR AGENDA

S. New Business Agenda Item S-1, Consider and approve order for demolition of abandoned residential structure at 6626 Villa View Drive, Punta Gorda, and imposition of costs pursuant to Section 162.09, Florida Statues COMMISSIONER DEVOS MOVED FOR APPROVAL OF THE ORDER FOR DEMOLITION OF ABANDONED RESIDENTIAL STRUCTURE AT 6626 VILLA VIEW DRIVE, PUNTA GORDA, AND IMPOSITION OF COSTS PURSUANT TO SECTION 162.09, FLORIDA STATUES, SECONDED BY COMMISSIONER CUMMINGS AND DECLARED UNANIMOUS (4:0).


Agenda Item S-2, (a) Consider and approve Resolution for revised fees for the Charlotte Sports Park and (b) Review current established programs for the facility COMMISSIONER DeBOER MOVED FOR APPROVAL OF THE ADOPTION OF RESOLUTION #2002-110, SECONDED BY COMMISSIONER CUMMINGS AND DECLARED UNANIMOUS (4:0). Agenda Item S-3, Provide direction for the review and selection ranking for Request for Proposal #02-235, The Reuse of the Charlotte County Courthouse Building Kimberly A. Corbett, Purchasing Director reported after the workshop held on April 15, 2002 staff has come up with the following options for Board review and direction: • The Professional Services Committee shall review the

proposals, shall conduct discussions or presentations with the submitting organizations and forward its recommendation of the firms in ranked order to the Board.

• The Professional Services Committee shall review the proposals and the Board shall conduct discussions of presentations with the submitting organizations.

• The Board shall review the proposals and rank the firms and shall conduct discussions or presentations with the submitting organizations.

COMMISSIONER DEVOS MOVED FOR APPROVAL TO HAVE THE PROFESSIONAL SERVICES COMMITTEE REVIEW THE PROPOSALS, CONDUCT DISCUSSIONS OR PRESENTATIONS WITH THE SUBMITTING ORGANIZATIONS AND FORWARD ITS RECOMMENDATION OF THE FIRMS IN RANKED ORDER TO THE BOARD, SECONDED BY COMMISSIONER DeBOER AND DECLARED UNANIMOUS (4:0). Citizens’ Input Dr. William Coy requested Board consideration for a four way stop sign at Boundary and Rotonda East Boulevards. Mrs. Brangaccio stated she will have staff review this request and report the information back to the Board.


V. County Administrator Mrs. Brangaccio recommended the Board set the Sales Tax Extension Workshop for Monday, August 19, 2002 right after Pre-Agenda. COMMISSIONER DEVOS MOVED FOR APPROVAL TO SET THE SALES TAX EXTENSION WORKSHOP FOR MONDAY, AUGUST 19, 2002 RIGHT AFTER PRE-AGENDA, SECONDED BY COMMISSIONER CUMMINGS AND DECLARED UNANIMOUS (4:0). Mrs. Brangaccio recommended the Board set the presentation by Dufresene-Henry on Airport Commerce Park Overlay, authorize and direct the County Attorney’s Office and Community Development Department to develop Interim Control ordinances to be applied to properties within the boundaries of the Airport Commerce Park Overlay District and West Murdock Land Use Amendments for Tuesday, August 27, 2002 at 1:00 P.M. COMMISSIONER DeBOER MOVED FOR APPROVAL TO SET THE PRESENTATION BY DUFRESENE-HENRY ON AIRPORT COMMERCE PARK OVERLAY, AUTHORIZE AND DIRECT THE COUNTY ATTORNEY’S OFFICE AND COMMUNITY DEVELOPMENT DEPARTMENT TO DEVELOP INTERIM CONTROL ORDINANCES TO BE APPLIED TO PROPERTIES WITHIN THE BOUNDARIES OF THE AIRPORT COMMERCE PARK OVERLAY DISTRICT AND WEST MURDOCK LAND USE AMENDMENTS, SECONDED BY COMMISSIONER CUMMINGS AND DECLARED UNANIMOUS (4:0). X. Commissioners’ Comments Commissioner Cummings requested the Chairman send a letter to the National Marine Fisheries Service and Representative Porter Goss requesting that agency initiate consultation with the U.S. Army Corps of Engineers regarding potential impact to Essential Fish Habitat (as required by the federal Magnuson-Stevens Act) which may result from phosphate mining activities within the Charlotte Harbor Watershed. Chairman Horton questioned if this item wasn’t on the agenda this morning. Mrs. Brangaccio responded affirmatively. Commissioner DeBoer stated he would encourage each of his fellow Board Members to obtain an update on Florida Water Services. Commissioner DeBoer stated that Florida Water Services has accused Charlotte County of extorting a sale of their utility through this negotiation. Chairman Horton stated he has a meeting tomorrow with IMC and the Water Authority.


MEETING ADJOURNED: 3:30 P.M. Signature on file in Commission Minutes Mac V. Horton Chairman ATTEST: BARBARA T. SCOTT, CLERK OF THE CIRCUIT COURT AND EX-OFFICIO TO THE BOARD OF COUNTY COMMISSIONERS By: Signature on file in Commission Minutes Deputy Clerk djn/cwl

book 60, page 606 august 13, 2002 regular meeting … · board of county commissioners august 13,...

Documents