COUNTY OF CHARLOTTE
Board of County Commissioners
18500 Murdock Circle
Port Charlotte, FL 33948
www.charlottecountyfl.com

County Commissioners
Tricia Duffy, District 5, Chairman
Richard Loftus, District 4, Vice-Chairman
Bob Starr, District 1
Adam Cummings, District 2
Robert Skidmore, District 3

County Administrator
Roger Baltz
County Attorney
Janette S. Knowlton
Clerk of the Circuit Court
Barbara T. Scott

AGENDA
Regular Meeting
9/8/2009 9:00 AM
18500 Murdock Circle, Administration Center, Room #119
BackPrint
The Charlotte County Commission meeting room is accessible to the physically disabled. However, if you need assistance or require auxiliary aids and services please contact our office at 941-743-1392. FM Sound Enhancement Units for the Hearing Impaired are available at the Front Desk.

9:00 A.M.Call to Order and Roll Call
 Invocation
Pastor Denny Postell
Abundant Life Assembly of God Church
Pledge of Allegiance 
Changes to the Agenda: See last page. 
Proclamations/Awards 
 I.Citizen Input - Agenda Items only
 II.Committee Vacancies
 III.Reports Received and Filed
 IV.Consent Agenda
 V.Regular Agenda
 VI.Public Hearing
10:00 A.M.VII.Presentation
 VIII.Public Workshop
 IX.Board Workshop
 X.Citizen Input - Any Subject
 
Proclamations 
Arts and Humanities Council Artist of the Month - Fran Petrow
Constitution Week
International Coastal Cleanup Day
Jeffrey Philbin Day
Employee Recognition 
5 Years
Roland Bergeron, Jr.                          Environmental & Extension Services
Beth Carey                                        Environmental & Extension Services
Joseph Dimina, Jr.                             Building Construction Services
Julia Galofre                                      Building Construction Services
Patrick Garcia                                   Utilities
Gerard (Jerry) Mallet                         Emergency Management
Oscar Martinez                                  Utilities
Patrick Murphy                                  Public Works
Mark Smith                                        Public Works
Mary (Kathy) Wells                            Information Technology
 
10 Years
Maryann Franks                                Growth Management
Wesley Millard                                   Public Works
 
15 Years
Sharon Martin                                    Parks, Recreation & Cultural Resources
Monty  Rodriguez                              Parks, Recreation & Cultural Resources 
 
25 Years
Allen Rud                                            Public Works
 
Not Attending
Marilyn (Lynn) Presto   5 Years          Facilities Construction & Maintenance
 
Award Presentations 
 
I. CITIZEN INPUT – AGENDA ITEMS ONLY
  Anyone wishing to address the Board during this portion of the meeting must state one’s name for the record and what agenda subject is to be discussed. Discussion is limited to matters identified on this agenda and each citizen will be allowed no more than three minutes to express an opinion.
 
II. COMMITTEE VACANCIES
  Charlotte County is seeking volunteers to serve on the following Committees:
Affordable Housing Advisory Committee - is seeking two volunteers to serve.  One residential home building representative, and one representative from the home building industry. Must be residents of Charlotte County.  Terms are for two years.
Gulf Cove Street & Drainage Advisory Committee is seeking one volunteer to serve a three year term.   Must own property and reside within the unit.
MPO Transportation Disadvantaged Local Coordinating Board (LCB)  is seeking one Charlotte County resident to serve as a representative of the local medical community which may include, but not be limited to kidney dialysis centers, long term care facilities, assisted living facilities, hospitals, local health department or other home and community based service. Your letter or email of interest stating the position for which you are qualified to represent should be sent to: Charlotte County-Punta Gorda MPO, 25550 Harbor View Road, Suite 4, Port Charlotte, FL 33980. Fax: 941-883-3534 Email: office@ccmpo.com
Pirate Harbor Waterway Advisory Committee is seeking a volunteer.  Volunteer must be a resident of Charlotte County and reside within the unit.  Length of term:  until December 9, 2009.
 
III. REPORTS RECEIVED AND FILED
 
 IV. CONSENT AGENDA
 Clerk of the Circuit Court
 A.Finance Division
(1)RECOMMENDED ACTION: Approve Clerk's Finance Memoranda.
BUDGETED ACTION: None
   
 B.Minutes Division
 ( )No Items
 Board of County Commissioners
 C.Commission Office
(1)RECOMMENDED ACTION: Reappoint Clarke Keller to the Environmentally Sensitive Lands Oversight Committee representing the environmental expertise category.  Length of term:  until January 23, 2010.
BUDGETED ACTION: None
   
 D.Administration
(1)RECOMMENDED ACTION: Advice and consent to the appointment Gordon Burger as Budget & Administrative Services Director.
BUDGETED ACTION: None required, position is budgeted within the General Fund.      
   
 E.County Attorney
(1)RECOMMENDED ACTION: a) Approve the proposed settlement and accept the sum of $75,000 from Dufresne-Henry, Inc. k/n/a Stantec Consulting, Inc. and defendants Lewis and Sterling in full and final settlement of all claims.
b)  Authorize the County Attorney to execute a full release and stipulation for dismissal.

BUDGETED ACTION: When received, funds will be deposited in the appropriate accounts to cover any costs associated with this item.
   
 F.Budget and Administrative Services
(1)RECOMMENDED ACTION: a) Approve a Resolution adopting a Debt Policy for Charlotte County; and
b) Approve a Resolution adopting a Financial Reserve Policy for Charlotte County.

BUDGETED ACTION: None
   
  Fiscal Services
(2)RECOMMENDED ACTION:

Approve Budget Transfer #09-023 in the amount of $150,000 to close out Sheriff's 08/09 Budget 


BUDGETED ACTION:

These monies are budgeted in the Sheriff's budget.  This transfer has a net effect of zero and does not change the total original FY08/09 Sheriff's Budget. 

   
  Information Technology
 ( )No Items
  Purchasing
(3)RECOMMENDED ACTION: Approve a one (1) year extension to Contract #05-308, Federal Lobbyist, with The Ferguson Group, LLC for the period from October 1, 2009 through and including September 30, 2010, for an amount not-to-exceed $125,000 to continue Federal Lobbyist services for Charlotte County.
BUDGETED ACTION: None, this item is budgeted in the BCC Control-General Government.
   
(4)RECOMMENDED ACTION: Award Bid #09-269, Sandhill DRI/Wetland Restoration to Lodge Construction, Inc. of Fort Myers, Florida in the amount of $157,908.87.
BUDGETED ACTION:

No budget action needed. Funding is supplied from the Sandhill area MSTU. Funding for wetland restoration in project c411010, Sandhill Area Wetland #3 Restoration and Exotic Vegetation Removal is in the FY09/10 budget

   
(5)RECOMMENDED ACTION: Award Request for Proposal #09-275 Property & Casualty Insurance Coverage to Florida League of Cities located in Orlando, FL for the term October 1, 2009 up to and including September 30, 2010 with option to renew for additional one-year terms, by mutual consent. This is an annual contract for a firm to provide a comprehensive program of self-insurance to cover its workers’ compensation, property, and liability exposures.
BUDGETED ACTION: None, this item is budgeted in the Self Insurance Fund.
   
(6)RECOMMENDED ACTION: a) Approve ranking of firms for Request for Proposal #09-292, Tourism, Marketing & Public Relations Implementation:  1st Smith Advertising located in Fayetteville, NC; 2nd Patterson-Bach Communications located in Maitland, FL; and 3rd Paradise Advertising & Marketing located in St. Petersburg, FL;
b) Approve start of negotiations; and
c) Authorize the Chairman to sign the contract after completion of negotiations.  This is for a marketing agency to provide strategic planning, conduct market research and develop/execute an advertising, promotions and public relations program.

BUDGETED ACTION: No budget action needed. Funding for this expenditure comes from the Tourist Development Trust Fund.
   
(7)RECOMMENDED ACTION: a) Approve award of Bid # 09-301, Removal of Abandoned Vessels-Annual, to Pinnacle Building Corporation - Marine Division of Englewood, FL, at the unit cost of $139 per linear foot (Best and Final Offer) for all vessels discovered for an initial contract term from October 1, 2009, through and including September 30, 2010; and
b) Authorize the County Administrator to approve renewal options for up to two additional one-year terms, at the same prices, terms and conditions, by mutual consent.

BUDGETED ACTION: No budget action needed. Budgeted in the Boater Improvement Fund for FY09/10.
   
(8)RECOMMENDED ACTION: a) Approve File #09-372, Microsoft 3-Year Volume License Renewal, for the price of $104,486.36 for 1st year, with a term of July 1, 2009, through and including, June 30, 2012.  The above service is available from the Florida State Contract #252-001-09-1, which this portion was awarded to Software House International.
b) Authorize the County Administrator to approve the annual renewal payments for second and third year.

BUDGETED ACTION: None. This item is budgeted in the IT budget within the General Fund.
   
(9)RECOMMENDED ACTION: a)  Approve ranking of Firms for Request for Proposal #09-307 Municipal Solid Waste Sanitation District Rate Analysis: 1st R.W. Beck an SAIC Company of Orlando, FL; 2nd HDR Engineering, Inc. of Orlando, FL; and 3rd MidAtlantic Solid Waste Consultants of Orlando, FL; and
b)  Approve start of negotiations; and
c)  Authorize the Chairman to sign the contract after completion of negotiations.  

BUDGETED ACTION:

No budget action needed.  Funding for this expenditure comes from Sanitation District Funds - Professional Services.  Amount budgeted $50,000.

   
(10)RECOMMENDED ACTION: Approve deletion of the property inventory items on the attached list for the month of September, 2009.
BUDGETED ACTION: None
   
  Real Estate Services
(11)RECOMMENDED ACTION: Approve the attached Resolution authorizing the Chair of the Charlotte County Board of County Commissioners to execute a grant of easement to Embarq Corporation to allow Embarq Corporation to continue to provide service to the existing single-family residences located adjacent to the Tippecanoe II Mitigation area.   
BUDGETED ACTION: None
   
(12)RECOMMENDED ACTION: Approve the attached Resolution authorizing the Chair of the Charlotte County Board of County Commissioners to execute a grant of easement to Florida Power and Light Company to allow Florida Power and Light Company to continue to provide service to the existing single-family residences located adjacent to the Tippecanoe II Mitigation area.  

BUDGETED ACTION:

None

   
(13)RECOMMENDED ACTION: Approve the attached Resolution authorizing the release of a portion of a twenty-foot (20’) wide canal maintenance easement, located in the Replat of a Portion of Port Charlotte Subdivision Section Forty, and further authorizing the Senior Division Manager, Real Estate Services Division, to execute the County Deed releasing said portion of said easement. (Owners:  Jovica and Biljama Jovic)
BUDGETED ACTION: None
   
(14)RECOMMENDED ACTION: Approve the attached Resolution approving the release of portions of two six-foot (6’) wide utility and drainage easements, located in Port Charlotte Subdivision, Section Sixty, and further authorizing the Senior Division Manager, Real Estate Services Division, to execute the County Deed releasing said portions of said easements. (Owners:  John A. and Goldie E. Lutes)
BUDGETED ACTION: None
   
(15)RECOMMENDED ACTION: Approve the attached Resolution authorizing the release of a portion of a twenty-foot (20’) wide canal maintenance easement, located in Port Charlotte Subdivision, Section Forty, and further authorizing the Senior Division Manager, Real Estate Services Division, to execute the County Deed releasing said portion of said easement. (Owners:  Ramon A. and Toni M. Merino)
BUDGETED ACTION: None
   
 G.Building Construction Services
 ( )No Items
 H.Economic Development
(1)RECOMMENDED ACTION: Approve a Resolution supporting the Charlotte Harbor CRA Harbor Walk TIGER grant application.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Approve a Resolution supporting the Intermodal and Logistics Center TIGER application. 
BUDGETED ACTION: None
   
 J.Environmental Services
(1)RECOMMENDED ACTION: Approve the attached contract with Charlotte Harbor Environmental Center (CHEC) to provide environmental programs and services to Charlotte County's Cedar Point Environmental Park.
BUDGETED ACTION:

Funding for this expenditure is budgeted in the 2010 Natural Resources Division of the Environmental Lands Fund.

   
 K.Facilities Construction and Maintenance
(1)RECOMMENDED ACTION: Approve a Resolution authorizing the Chairman to sign and execute a three (3) year Lease between the Area Agency on Aging for Southwest Florida (AAA) and Charlotte County for the Rebecca Neal Owens Center.
BUDGETED ACTION: None.  There is no financial impact to the County. 
   
 L.Growth Management
 ( )No Items
 M.Human Resources
 ( )No Items
 N.Human Services
(1)RECOMMENDED ACTION:

a) Approve Annual State Housing Initiatives Partnership (SHIP) Reports;
b) Approve Annual Hurricane Housing Recovery (HHR) Report; and
c) Authorize the Chair to sign all reports and the attached Regulatory Certifications.


BUDGETED ACTION: There are no budget implications from approval of the State Housing Initiatives Partnership (SHIP) & Hurricane Housing Recovery (HHR) Annual Reports.
   
(2)RECOMMENDED ACTION: Approve resolution adding two new housing strategies to the County's Local Housing Assistance Plan:  the Impact Fee Reduction Incentive Fund Strategy, and the Florida Homebuyer Opportunity Program Strategy.
BUDGETED ACTION: None at this time.  Funds for the Impact Fee Incentive Fund Strategy are budgeted in the Local Housing Assistance Trust Fund - SHIP.  Budget for the FHOP will follow after Florida Housing Finance Corporation approval of submitted strategies.
   
(3)RECOMMENDED ACTION: Approve strategy cost overages per client over the past years of the Hurricane Housing Recovery (HHR) Grant Program and the State Housing Initiatives Partnership (SHIP) Program. 

HHR - $2,705.00               
SHIP - $  468.00

Total - $3,173.00

BUDGETED ACTION:

None

   
 P.Parks, Recreation & Cultural Resources
 ( )No Items
 Q.Public Safety
 ( )No Items
 R.Public Works
(1)RECOMMENDED ACTION: Approve and authorize the Chair to sign the Cooperative Funding Agreement between the Southwest Florida Water Management District (SWFWMD) and Charlotte County for the Coral Creek Ecosystem Restoration Project.  The total cost of the project is $143,000 with the County paying $71,500.
BUDGETED ACTION: No budget action needed. Funding for Charlotte County's portion of this agreement is from the Rotonda West Streets and Drainage MSBU in CIP project c410808, Rotonda West Weir Replacement.
   
 S.Tourism Development
 ( )No Items
 T.Utilities
 ( )No Items
 U.Other Agencies
 ( )No Items
 
V. REGULAR AGENDA
 Z.Regular Agenda
 ( )No Items
 
VI. PUBLIC HEARING AGENDA
10:00 A.M. 
(1)RECOMMENDED ACTION: Conduct a public hearing to consider approving an Ordinance setting the speed limit at 45 mph on Pine Street from SR 776 to the Sarasota/Charlotte County line to provide for consistent speed limits on the major roadways in the area.
BUDGETED ACTION:
None.  The estimated cost of $100 to change the speed limit signs is available in the Transportation Trust  Fund budget.  Funding is supplied from gas taxes.
   
(2)RECOMMENDED ACTION: Conduct a public hearing to consider approving and re-adopting a Recovery Zone Designation Ordinance for Charlotte County. This ordinance was originally approved by the Board on August 11, 2009, but due to a filing error, it wasn't received by the Florida Secretary of State within ten days of enactment as required by state law therefore it is necessary to re-adopt this Ordinance.
BUDGETED ACTION: None.
   
(3)RECOMMENDED ACTION: Conduct public hearing for updates to the Intergovernmental Coordination Element and the Transportation Element. Staff will present and seek public comments regarding these updates.
BUDGETED ACTION: None
   
 
VII. PRESENTATION AGENDA
 
VIII. PUBLIC WORKSHOP AGENDA
 Public input permitted.
 ( )No Items
 
IX. BOARD WORKSHOP AGENDA
 No public input.
 ( )No Items
 
X. CITIZEN INPUT – ANY SUBJECT
  Anyone wishing to address the Board during this portion of the meeting must state his/her name for the record and may address his/her comments to items that were or were not discussed during the meeting. Each citizen will be allowed no more than three minutes to express his/her opinion.
 AA.County Administrator:
 BB.County Attorney:
 CC.Commissioner Comments:
 

County Commissioners
Tricia Duffy, District 5, Chairman
Richard Loftus, District 4, Vice-Chairman
Bob Starr, District 1
Adam Cummings, District 2
Robert Skidmore, District 3

Schedule of Future Closures/Hearings/Workshops
Thursday, September 10, 2009, 5:01 p.m. – First Budget Public Hearing, Administration Building, Room #119 

Friday, September 11, 2009, 9:00 a.m. - Joint Meeting, City of Punta Gorda and Board of County Commissioners, Administration Building, Room #119

Tuesday, September 15, 2009, 9:00 a.m. - Board of County Commissioners Land Use Meeting, Administration Building, Room #119 
 
Tuesday, September 22, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119 
 
Thursday, September 24, 2009, 5:01 p.m. – Final Budget Public Hearing, Administration Building, Room #119 
 
Tuesday, October 13, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119 
 
Tuesday, October 20, 2009, 9:00 a.m. - Board of County Commissioners Land Use Meeting, Administration Building, Room #119 
 
Tuesday, October 27, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119 
 
Tuesday, November 10, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119 
 
Wednesday, November 11, 2009, All County Buildings Closed for Veterans Day
 
Tuesday, November 17, 2009, 9:00 a.m. - Board of County Commissioners Land Use Meeting, Administration Building, Room #119 
 
Tuesday, November 24, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119 
 
Thursday & Friday, November 26th & 27th, 2009, All County Buildings Closed for Thanksgiving Holiday
 
Tuesday, December 8, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119 
 
Tuesday, December 15, 2009, 9:00 a.m. - Board of County Commissioners Land Use Meeting, Administration Building, Room #119 
 
Thursday & Friday, December 24th & 25th, 2009, All County Buildings Closed for Christmas Holiday
 
 
 ADDENDUMS
   
(4)SUMMARY:
BUDGETED ACTION:

No budget action needed. Funding is supplied from the Sandhill area MSTU. Funding for wetland restoration in project c411010, Sandhill Area Wetland #3 Restoration and Exotic Vegetation Removal is in the FY09/10 budget


RECOMMENDED ACTION: Award Bid #09-269, Sandhill DRI/Wetland Restoration to Lodge Construction, Inc. of Fort Myers, Florida in the amount of $157,908.87.