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
8/25/2009 9:00 AM
18500 Murdock Circle, Administration Center, Room #119
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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 Fr. Tom Heck
St. Charles Borremeo Catholic 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 
Florida Water Professionals Week
Keith Larson Day
Linda Q. Pierce Day
Employee Recognition 
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:
Ackerman Waterway Unit Advisory Committee - is seeking one alternate member to serve on the committee for a two year term.

Boca Grande Street & Drainage Advisory Committee - is seeking one volunteer to finish a vacated unexpired term; effective immediately.  Must own property and live within the unit.

Code Enforcement Board - is seeking one volunteer to serve as the architect representative  for a three year term.  Meetings are held the first Wednesday of each month at 9:00 a.m. in Murdock.
Edgewater North Waterway District Advisory Committee - is seeking two volunteers to serve three year terms; effective September 12, 2009, and expiring September 30, 2012.  Must own property and reside within the unit.
Englewood East Street & Drainage Advisory Committee - is seeking two volunteers to serve three year terms, effective immediately and expiring 2012.  Must own property and live within the unit.
Grove City Street and Drainage Advisory Committee - is seeking three regular members and one alternate to serve on the committee.  Terms for regular members are three years and the alternate will serve a two year term.
Gulf Cove Waterway Advisory Committee - is seeking two volunteers to serve three year terms.  Must own property and live within the unit.

Historical Advisory Committee - is seeking one representative of the Bernice A. Russell Community Development Center, one representative from the El Jobean Community League, and one member to serve at-large (must have interest in history, urban planning archaeology).  Terms are for four years.

Lemon Bay Street & Drainage Advisory Committee - is seeking two volunteers to be regular members (to serve 3 year terms) and one volunteer to be the alternate member (to serve a two year term).  All terms are effective immediately.  Must be a property owner and live 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
South Gulf Cove Street & Drainage - is seeking one volunteer to fill the vacant unexpired alternate position on this committee.  This term is effective immediately and shall expire February 2011.  Must own property and live within the unit.
South Bridge Waterway Municipal Service Benefit Unit - is seeking two volunteers.  One volunteer to be a regular member, serving a three year term and one volunteer to be the alternate member, serving a two year term.  Must be a property owner and live within the unit.
Town Estates Street & Drainage Unit Advisory Board - is seeking two volunteers to serve three year terms as regular members and one volunteer to serve as the alternate member. Terms are effective immediately.  Must be property owner and live within the unit.
 
III. REPORTS RECEIVED AND FILED

Charlotte Harbor CRA Advisory Committee Minutes - July 23, 2009 Meeting.

 
 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
(1)RECOMMENDED ACTION: 4/24/09                1:30 PM                Budget Workshop
4/27/09                1:30 PM                Budget Workshop
4/28/09                9:00 AM               BCC Regular Meeting
4/29/09                1:30 PM                Budget Workshop
BUDGETED ACTION: None
   
 Board of County Commissioners
 C.Commission Office
(1)RECOMMENDED ACTION: Approve the reappointment of Joel Trefry and the appointment of Robert (Larry) Kappauf to the Gulf Cove Waterway Advisory Committee.  Robert Kappauf will replace Les Weyant who does not wish to continue serving.  These terms are effective immediately and are for three years.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Re-appoint Granville L. Pennypacker to serve an additional three year term on the Englewood East Street & Drainage Advisory Committee.  This term is effective immediately and expires August 2012.
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION:

Appoint Jose Subero to serve as the alternate on the West Charlotte Stormwater Utility.  This is a two year term that is effective immediately and expires in 2011.


BUDGETED ACTION: None
   
(4)RECOMMENDED ACTION: Appoint Eric Loche to the Value Adjustment Board as the representative of the Residential Sector to fill the seat vacated because of a resignation.  This term is effective immediately.
BUDGETED ACTION: None
   
(5)RECOMMENDED ACTION: Reappoint William E. Ambrose to serve on the Construction Industry Licensing Board representing the "consumer advocate" category.  Length of term:  4 years.
BUDGETED ACTION: None
   
 D.Administration
 ( )No Items
 E.County Attorney
(1)RECOMMENDED ACTION: Set an Executive Session for August 25, 2009 at 2:00 p.m. in the Charlotte County Attorney’s Office Conference Room to discuss settlement negotiations and/or strategy related to litigation expenditures in the lawsuit captioned General Contracting Services, Inc. v. Charlotte County, Paul W. Lewis, P.E. and L. Ervin Sterling, III, P.E., Civil Case No. 08-417-CA. 
BUDGETED ACTION: None
   
 F.Budget and Administrative Services
 ( )No Items
  Fiscal Services
 ( )No Items
  Information Technology
 ( )No Items
  Purchasing
(1)RECOMMENDED ACTION: Approve Change Order #7 to Contract # 08-130, Rotonda Sands & Meadows - LPS System, with General Contracting Services, of Placida, Florida, in the amount of $265,600 for a revised total amount of $3,610,855.61.
BUDGETED ACTION:

None.  Funding for these expenditures are budgeted in FY2009 under CIP c350402 Rotonda Meadows MSBU Wastewater Expansion and CIP c350703 Rotonda Sands MSBU Wastewater Expansion.

   
  Real Estate Services
(2)RECOMMENDED ACTION: Approve the attached Maintained Right-of-way Map for Rotonda Villas and Rotonda Springs, lying in Section 32 and 33, Township 41 South, Range 21 East, and Sections 4,5,8 and 9, Township 42 South, Range 21 East, Charlotte County, Florida.
BUDGETED ACTION: None required.
   
(3)RECOMMENDED ACTION: Approve the attached Resolution approving the release of a portion of a twenty-foot (20’) wide canal maintenance easement, located in Port Charlotte Subdivision, Section Eighty-Two, and further authorizing the Senior Division Manager, Real Estate Services Division, to execute the County Deed releasing said portion of said easement. (Owners:  Janis Z. Baumanis and A.D. Baumanis, Co-Trustees of the Baumanis Family Revocable Trust dated June 9, 2005)
BUDGETED ACTION: None
   
(4)RECOMMENDED ACTION: Approve the attached Resolution approving the release of a portion of a ten-foot (10’) wide utility and drainage easement, located in Port Charlotte Subdivision, Section Twenty-Seven, and further authorizing the Senior Division Manager, Real Estate Services Division, to execute the County Deed releasing said portion of said easement. (Owners:  Charles D. and Patricia S. Winston, Trustees)
BUDGETED ACTION: None
   
(5)RECOMMENDED ACTION: Approve the request that the Board of County Commissioners accept the donation of property as described on the attached list (Exhibit "A", Pages 1-3) entitled Lots Being Donated To Charlotte County.   
BUDGETED ACTION: None.
   
 G.Building Construction Services
 ( )No Items
 H.Economic Development
(1)RECOMMENDED ACTION: Approve Interlocal Agreement by and between Charlotte County and the Charlotte County Industrial Development Authority (IDA).  This Interlocal Agreement will replace the Interlocal Agreement between Charlotte County and the IDA which expired August 12, 2009. 
BUDGETED ACTION: None
   
 J.Environmental Services
(1)RECOMMENDED ACTION: Approve a Resolution adopting the Solid Waste Services residential rate for Lee County residents on Gasparilla Island as was adopted by the Lee County Board of County Commissioners.
BUDGETED ACTION: Revenues received due to this resolution are recorded in the Charlotte County Landfill Fund.
   
(2)RECOMMENDED ACTION: Approve the FY 2010 annual certified budget for Mosquito Control and contract with Florida Department of Agriculture and Consumer Services for FY 2010. 
BUDGETED ACTION: None.  Funding has been budgeted in the proposed FY09/10 budget in the General Fund.
   
 K.Facilities Construction and Maintenance
 ( )No Items
 L.Growth Management
 ( )No Items
 M.Human Resources
 ( )No Items
 N.Human Services
(1)RECOMMENDED ACTION: Approve adoption of a Resolution to support repeal of the cap placed on the Sadowski Trust Fund.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION:

a) Approve the revised Community Action Agency Bylaws and adopt the authorizing resolution; and b) Accept designated geographic areas representing low-income residents; and c) Approve change in membership status of the current Community Action Agency Advisory Board.  


BUDGETED ACTION: None required.
   
 P.Parks, Recreation & Cultural Resources
 ( )No Items
 Q.Public Safety
(1)RECOMMENDED ACTION: Approve Amendment # 1 to the Frequency Reconfiguration Agreement (FRA) between Nextel South Corp. and Charlotte County and authorize the chair to sign the amendment.
BUDGETED ACTION: None required.  100% of funding is provided by Nextel South Corp.
   
 R.Public Works
(1)RECOMMENDED ACTION: Approve a Resolution in support of the Florida Beach Erosion Control Program; approving a request for funding from the Florida Department of Environmental Protection (FDEP) for the Charlotte County Erosion Control Project, Phase I; authorizing local matching funds for funding received from the FDEP for FY 2010-2011.
BUDGETED ACTION:

None.  The FY09/10 budget for this project is in CIP project c390404 Stump Pass Maintenance Dredging.  Matching funds will be supplied from the Stump Pass Beach Renourishment MSBU/TU.

   
(2)RECOMMENDED ACTION: Set a public hearing for September 8, 2009, at 10:00 a.m., or as soon thereafter as may be heard, to consider approving an Ordinance to change the speed limit from 35 mph to 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.

   
 S.Tourism Development
 ( )No Items
 T.Utilities
(1)RECOMMENDED ACTION: a) Approve a Resolution amending Resolution No. 2006-066 for the Rotonda Sands MSBU, to add the collection of Connection Fees to the annual assessment; and b) Approve a Resolution amending Resolution No. 2006-067  for the Rotonda Meadows MSBU, to add the collection of Connection Fees to the annual assessment.
BUDGETED ACTION: Connection Fee collections are included in the tentative FY2010 budget.  Revenue from the collection of connection fees through annual assessments.
   
 U.Other Agencies
 ( )No Items
 
V. REGULAR AGENDA
 Z.Regular Agenda
(1)RECOMMENDED ACTION: Discussion of  Tourism Bureau Marketing Presentation - Efforts and Outcomes.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: a) Consider for approval the Neighborhood Stabilization Program Grant Agreement as received from the Florida Department of Community; and b) Authorize the Chair to execute any and all appropriate agreements and supporting statements; and c) Approve a Resolution to authorize the Senior Division Manager of Real Estate Services Division or the County Attorney to act on behalf of the County in matters related to property acquisition and disposition for the Neighborhood Stabilization Program. 
BUDGETED ACTION:

Should the Board approve the acceptance of this grant and upon the acceptance and execution by the Florida Department of Community Affairs this item will be returned to the Board for a Budget Amendment to establish the appropriate accounts and budget items.

   
(3)RECOMMENDED ACTION: Select/appoint 15 voting members and 3 alternate non-voting members to the Charter Review Commission.
BUDGETED ACTION: None
   
(4)RECOMMENDED ACTION: Approve a TIGER Grant application support letter for the City of North Port.
BUDGETED ACTION: None required.
   
 
VI. PUBLIC HEARING AGENDA
10:00 A.M. 
(1)RECOMMENDED ACTION: Staff will present and seek public comments regarding the updates to the Infrastructure Element and Coastal Planning Element.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Consider approving an ordinance to change the speed limit from 45 mph to 40 mph on Rotonda West Boulevard from Boundary Boulevard to Parade Circle; and, set the speed limit at 40 mph on Rotonda North Boulevard from Boundary Boulevard to Parade Circle to provide for consistent speed limits on the major collector roadways in the area.
BUDGETED ACTION: None.  The cost for new speed limit signs of approximately $550 is available in the FY09 Rotonda West Streets and Drainage MSBU fund. 
   
 
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
Tuesday, August 25, 2009, 10:00 a.m., or soon thereafter – Public Hearing, Ordinance change speed limit on Rotonda West Blvd from Boundary Blvd to Parade Circle, Administration Building , Room #119
 
Friday, September 4, 2009, 9:00 a.m. [due to holiday] – Public Pre-Agenda, Administration Building ‘B”, Room 106-B
Monday, September 7, 2009, All County Buildings Closed for Labor Day
 
Tuesday, September 8, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119
 
Thursday, September 10, 2009, 5:01 p.m. – First Budget Public Hearing, 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
   
        Gulf Cove Waterway Advisory Committee - is seeking two volunteers to serve three year terms.  Must own property and live within the unit.
(1)SUMMARY:
BUDGETED ACTION: None
RECOMMENDED ACTION: Discussion of  Tourism Bureau Marketing Presentation - Efforts and Outcomes.
   
(4)SUMMARY:
BUDGETED ACTION: None required.
RECOMMENDED ACTION: Approve a TIGER Grant application support letter for the City of North Port.
   
(1)SUMMARY: Conduct public hearing for Smart Charlotte 2050 - Infrastructure Element and Coastal Planning Element.
BUDGETED ACTION: None
RECOMMENDED ACTION: Staff will present and seek public comments regarding the updates to the Infrastructure Element and Coastal Planning Element.