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

County Commissioners
Tom D'Aprile, District 1, Chairman
Tom Moore, District 3, Vice-Chairman
Adam Cummings, District 2
Richard Loftus, District 4
Tricia Duffy, District 5

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

AGENDA
Regular Meeting
8/12/2008 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 Jay Sheppard
Tri-City Baptist 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 of August - Susan Anderson.
Community Health Center Week
CharlotteCounty Firefighter Appreciation Week
Employee Recognition 
5 YEAR 
David Coble                                        Public Works
Gerry Collins                                       Growth Management
Renee Hughes                                      Parks & Recreation
Vivian Lavely                                       Parks & Recreation
Robert Smith                                        Facilities
John Studenwalt                                   Utilities
Christopher Wilder                               Parks & Recreation  

10 YEAR
Glenn Braselton                                    Growth Management
Wendy Pacheco                                   Building Construction Services
Susan Putman                                       Growth Management  

15 YEAR
George Howard                                   Public Works  

20 YEAR
Edward McDonald                               Public Works  

27 YEAR
Theresa Parson                                     Fire/EMS

Not in Attendance
Philip L’Horty                                       Facilities
Lorraine Lundblad                                Building Construction Services
Award Presentations 
Recognition of a "Meritorious Award" received by Emily E. Chidester of the Communications & Marketing Department, from National Association of County Information Officers - NACIO.

The United Way of Charlotte County would like to present the Board of County Commissioners with a check donation in support of the County's 211 operations. 

 
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:
Charlotte Habor Community Redevelopment Agency Advisory Committee is seeking one (1) volunteer to serve as a Business Representative from within the Unit.  Term is effective immediately.
Construction Industry Licensing Board - is seeking a volunteer to represent the mechanical contractor category.   Volunteer must be a resident of Charlotte County for at least two years and be a licensed mechanical contractor.  Length of term until May, 2009.
Code Enforcement Board - is seeking three (3) volunteers to fill the expired terms of Engineer, Member-At-Large, and General Contractor.  These terms will be effective August 26, 2008 and will expire August 28, 2011.

Environmentally Sensitive Lands Oversight Committee - is seeking two volunteers who are residents and electors of the County.  One volunteer is needed representing the business/land development category and another is needed to represent the environmental expertise category.

Harbour Heights Waterway Maintenance District Advisory Board - is seeking one (1) volunteer to finish the term of the alternate.  This term is effective immediately and will expire April 10, 2009.  Must live within the unit.
Charlotte County Historical Advisory Committee is seeking three members to serve on the Committee.  One at-large member and two members from historical organizations. 
Marine Advisory Committee is seeking to fill the unexpired term of one Member-at-Large position.  This term will expire December 31, 2008.
Mid-Charlotte Stormwater Utilitly Unit - is seeking five members and one alternate member.  Initial terms of office shall be drawn by lot at first meeting.  Must be residents of the unit.
 
III. REPORTS RECEIVED AND FILED
Minutes for the July 11, 2008 Charlotte Harbor Community Redevelopment Agency Advisory Committee Special Meeting.
Minutes for the July 11, 2008 Murdock Village Community Redevelopment Agency Advisory Committee.
Summary of the Town Hall meeting sponsored by the Curmudgeon Club on July 23, 2008, at the Cultural Center, 6:30 p.m.
 
 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: Approve Minutes for:
April 28, 2008 Strategic Financial Review 10:00 a.m.
April 29, 2008 Executive Session - Lamar Advertising of Ft. Myers vs. Charlotte County 9:00 a.m.
April 29, 2008 Strategic Financial Review 10:00 a.m.
May 5, 2008 Joint Meeting - BCC/Punta Gorda Council and School Board 2:00 p.m. 
May 13, 2008 BCC Regular Meeting 9:00 a.m.
May 16, 2008 MSBU Process 10:00 a.m.
May 19, 2008 Strategic Financial Review 10:00 a.m.
May 20, 2008 Land Use Hearings 9:00 a.m.
BUDGETED ACTION: None
   
 Board of County Commissioners
 C.Commission Office
(1)RECOMMENDED ACTION: Approve the appointment of Mr. Robert C. Hall as the volunteer citizen member on the Value Adjustment Board of Charlotte County.  Mr. Hall meets all of the criteria for appointment.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION:

Appoint Mr. Douglas Buuck and Mr. David Choken to the Charlotte Ranchettes Street & Drainage Unit Advisory Board.  Mr. Buuck will replace Ruth Cudzillo who has resigned.  Length of term - until January 23, 2010.  Mr. Chocken would like to fill the vacant alternate position - length of term - until January 23, 2009.


BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: Re-appoint Dr. Willard Coy to the Englewood Area Planning Advisory Board.  Term is effective immediately and expires August 10, 2012.


BUDGETED ACTION: None
   
(4)RECOMMENDED ACTION: Appoint M. Michele Stewart to the Environmentally Sensitive Lands Oversight Committee representing the environmental expertise category.  Ms. Stewart would be replacing Gregg Klowden who resigned.   Length of term - until January 23, 2010.
BUDGETED ACTION: None
   
 D.Administration
 ( )No Items
 E.County Attorney
 ( )No Items
 F.Budget and Administrative Services
(1)RECOMMENDED ACTION: Approve a Resolution to issue grandfather certificate of authorization to Utilities, Inc. of Sandalhaven, to provide wastewater service in Charlotte County.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Approve a Resolution to issue grandfather certificate of authorization to Bocilla Utilities, Inc., to provide water service in Charlotte County,
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: Approve a Resolution to issue grandfather certificate of authorization to Little Gasparilla Water Utility, Inc., to provide water service in Charlotte County.
BUDGETED ACTION: None
   
(4)RECOMMENDED ACTION: Approve a Resolution to issue grandfather certificate of authorization to NHC Utilities, Inc., to provide water service in Charlotte County.
BUDGETED ACTION: None
   
  Fiscal Services
 ( )No Items
  Information Technology
 ( )No Items
  Purchasing
(1)RECOMMENDED ACTION: a) Approve Change Order #5 to Contract #08-043, Cleaning Services - Charlotte County Facilities, with JMC Services, Inc. as detailed on the attached breakdown;
b) Approve renewal of Contract for the term 10/01/08 up to and including 09/30/09 at the prices listed on the attached; and
c) Authorize the County Administrator to approve final one-year renewal by mutual consent of both parties for the period of 10/01/09 to 9/30/10.
BUDGETED ACTION: Budgeted in Various Cost Centers
   
(2)RECOMMENDED ACTION: Approve a) Termination of Contract #08-249, Cape Horn Boulevard Entry Feature with Billy Hay Excavating, Inc., and
b) Award to the second lowest responsive, responsible bidder, L. Cobb Construction, Inc. of Wauchula, FL in the amount of $115,849.42.
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: Award Bid # 08-282, Landscape US 17 Medians, to Juniper Landscaping, Inc., of Fort Myers, FL, in the amount of $242,595.78.
BUDGETED ACTION: Funding is available within the Transportation Trust Fund.  CIP project c410745, US 17 Landscaping.  Project total $377,805.
   
(4)RECOMMENDED ACTION: a) Award Request for Proposal #08-158, Hurricane Protection Retrofit-Distributor/Installer of Hurricane Protection Systems to Storm Smart of Fort Myers, Florida;
b) Authorize the Chairman to sign the Contract; and
c) Authorize the County Administrator to approve the Contract renewal periods for two (2) additional one (1) year terms, by mutual consent, at the same prices, terms and conditions.
BUDGETED ACTION: Budgeted in various cost centers
   
(5)RECOMMENDED ACTION: Approve deletion of the property inventory items listed on the attached for the month of August, 2008.
BUDGETED ACTION: None
   
  Real Estate Services
(1)RECOMMENDED ACTION: Approve a Resolution and authorize the Chairman to execute a grant of a utility easement to Florida Power & Light Company, to be located in a parcel of land lying in Section 14, Township 40 South, Range 21 East, for the redevelopment and management of the Charlotte County Sports Park.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Approve a resolution and authorize the Chairman to execute a grant of easement to Florida Power and Light Company to be located in certain portion of Murdock Village.
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: Approve a resolution and authorize the Chairman to execute a grant of an Exclusive Ingress and Egress License to Citicasters Co. to be located in certain portions if Murdock Village.
BUDGETED ACTION: None
   
(4)RECOMMENDED ACTION: Approve a resolution and authorize the Chairman to execute a grant of easement to Comcast Cable Communication, Inc. to be located in certain portion of Murdock Village.
BUDGETED ACTION: None
   
(5)RECOMMENDED ACTION: Approve a resolution and authorize the Chairman to execute a grant of easement to Embarq to be located in certain portion of Murdock Village.
BUDGETED ACTION: None
   
(6)RECOMMENDED ACTION: Approve the attached Resolution approving the release of a portion of a recorded twenty-foot (20’) wide canal maintenance easement located in Port Charlotte Subdivision, Section Forty-Three, and further authorizing the Director of Real Estate Services to execute the County Deed releasing said portion of said easement. (Owners:  Ray E. Cowen III and Barbara Jefferies)
BUDGETED ACTION: None
   
(7)RECOMMENDED ACTION: Approve a Resolution and authorize the Chairman to execute a grant of utility easements to Florida Power & Light Company, to be located on a parcel of land lying in Section 28, Township 40 South, Range 22 East, being over, across and through a part of the First Replat of a portion of Port Charlotte Subdivision, Section Seventy-Seven, now known as Sunrise Park, for the development and management of the Sunrise Park.
BUDGETED ACTION: None
   
 G.Building Construction Services
(1)RECOMMENDED ACTION: Approve two (2) Amended Developer's Agreements for two subdivisions for Beazer Homes Corp:
FP 05-04-06 - Calusa Creek from June 2007 to Date of Completion.
FP 07-02-05 - Calusa Creek Phase One from July 26, 2007 to Date of Completion.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Approve Budget Amendment #08-A43 in the amount of $1,610,837 to replace the current software Perconti with the new software Accela.
BUDGETED ACTION: After the approval, Budget Amendment funds will be available in Building Constructions Services in the Capital Equipment Computer Software line item.



   
 H.Economic Development
(1)RECOMMENDED ACTION: Approve a Resolution that the Charlotte County Industrial Development Authority's Project 2008014 be accepted as an applicant pursuant to the Charlotte County Economic Incentive Development Ordinance and State's Qualified Target Industry Incentive.
BUDGETED ACTION: Economic Development Incentives  Fund
   
(2)RECOMMENDED ACTION: Affirm the nomination of  Ethan Adams, Adams Bros. Cabinetry, Inc., to the Charlotte County Industrial Development Authority.  
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: a) 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 May 21, 2008. 
b) Approve Budget Amendment # 8-A35 to put in place dollars for Economic Incentive Development Fund for use in the Economic Incentive Program.
BUDGETED ACTION: Budget amendment #8-A35 for $500,000 from General Fund to Economic Development Fund.
   
 J.Environmental Services
(1)RECOMMENDED ACTION: a) Accept a three (3)100% funded grants in the total amount of $20,735 from the Natural Resources Conservation Service.
b) Approve Budget Amendment #08-A44 in the amount of $20,735. 
BUDGETED ACTION:

Approve Amendment # 08-A44   in the amount of $20,735 for the management of Environmental Lands.

   
(2)RECOMMENDED ACTION: Approve the annual certified budget for Mosquito Control.
BUDGETED ACTION: The attached annual certified budget is currently the proposed County budget for FY 08/09. 
   
 K.Facilities Construction and Maintenance
 ( )No Items
 L.Growth Management
(1)RECOMMENDED ACTION: Approve a stipulated settlement agreement with the Department of Community Affairs.  The settlement agreement is to resolve a finding of non-compliance for a large scale plan amendment, petition # PA-01-05-16-LS, adopted on April 26, 2007.  The property is located in West County, contains 170 acres, and is owned by J&J Homes, Inc.
BUDGETED ACTION: None
   
 M.Human Resources
 ( )No Items
 N.Human Services
 ( )No Items
 P.Parks, Recreation & Cultural Resources
 ( )No Items
 Q.Public Safety
(1)RECOMMENDED ACTION: Approve a resolution providing for changes to ambulance and associated service fees charged by Charlotte County Fire/EMS Department.
BUDGETED ACTION:

None

   
 R.Public Works
(1)RECOMMENDED ACTION: Authorize the Chairman to sign the Developer's Agreement between Novrooz Properties and Charlotte County.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Set a public hearing for August 26, 2008, at 10:00 a.m., or as soon thereafter as may be heard, to consider approving an ordinance creating an advisory board for the Pirate Harbor Waterway MSBU.
BUDGETED ACTION: Recording fees of approximately $44 are available in the Pirate Harbor Waterway MSBU.
   
 S.Tourism Development
 ( )No Items
 T.Utilities
(1)RECOMMENDED ACTION: Approve Chairman to sign the Amendment of Consent Order, OGC File No. 03-0534-08-DW, pertaining to the Rotonda Wastewater Reclamation Facility (WRF) extending the time to complete expansion of the facility to 2.0 MGD.
BUDGETED ACTION: None 
   
(2)RECOMMENDED ACTION: Approve the accumulated Utility Uncollectible Accounts through March 31, 2008.
BUDGETED ACTION: None
   
 U.Other Agencies
 ( )No Items
 
V. REGULAR AGENDA
 Z.Regular Agenda
(1)RECOMMENDED ACTION: a)  Approve Budget Amendment #08-A45 in the amount of $30,000,000; b)  Approve paydown of $30,000,000 for Murdock Village Project Debt (Bank of America);
c)  Discussion/Direction related to options for use of $6,000,000 in the Capital Projects Fund to approve associated Budget Amendment/Transfer (Attachment A);
d)  Request internal General Fund loan of $12.2 million to be forgiven as a loan thus becoming a permanent transfer;
e)  Direct future sales proceeds from Murdock Village property to be prioritized as follows:  1.)  Retirement of any remaining external debt related to Murdock Village, and (2) Repay to the General Fund and Capital Projects Fund for monies used from these funds for the Murdock Village Project.
BUDGETED ACTION: Approve Budget Amendments
Approve Budget Transfers
   
(2)RECOMMENDED ACTION: Set a Special Board Meeting for the sole purpose of convening an Executive Session for August 27, 2008 at 1:00 p.m., or as soon thereafter, in the County Attorney’s Office Conference Room to discuss settlement negotiations and/or litigation strategy related to Charlotte County v. Edgewater 2000 LLC, Case No. 536-CA and Edgewater 2000 LLC c. Charlotte County, Case No. 07-1732.
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: Set a Special Board Meeting for the sole purpose of convening an Executive Session for August 25, at 1:30 p.m., or as soon thereafter, in the County Attorney’s Office Conference Room to discuss global phosphate settlement negotiations and/or strategy related to litigation with Mosaic.
BUDGETED ACTION: None
   
(4)RECOMMENDED ACTION:

Charlotte Harbor Community Redevelopment Agency Asvisory Committee Meeting Minutes for July 24, 2008.


BUDGETED ACTION: None
   
 
VI. PUBLIC HEARING AGENDA
 
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
Tom D'Aprile, District 1, Chairman
Tom Moore, District 3, Vice-Chairman
Adam Cummings, District 2
Richard Loftus, District 4
Tricia Duffy, District 5

Schedule of Future Closures/Hearings/Workshops
Tuesday, August 19, 2008, 9:00 a.m. – Board of County Commissioners Land Use Public Hearings, Administration Building, Room #119 
 
Tuesday, August 26, 2008, 9:00 a.m. – Board of County Commissioners Regular Board Meeting, Administration Building, Room #119
 
Monday, September 1, 2008 – All County Buildings closed in observance of Labor Day
 
Tuesday, September 9, 2008, 9:00 a.m. – Board of County Commissioners Regular Board Meeting, Administration Building, Room #119
 
Thursday, September 11, 2008, 5:01 p.m. – First Budget Public Hearing, Administration Building, Room #119
 
Friday, September 12, 2008, 9:00 a.m. – Joint Meeting, BCC & City of Punta Gorda
 
Tuesday, September 16, 2008, 9:00 a.m. – Board of County Commissioners Land Use Public Hearings, Administration Building, Room #119 
 
Tuesday, September 23, 2008, 9:00 a.m. – Board of County Commissioners Regular Board Meeting, Administration Building, Room #119
 
Thursday, September 25, 2008, 5:01 p.m. – Final Budget Public Hearing, Administration Building, Room #119
 
Tuesday, October 14, 2008, 9:00 a.m. – Board of County Commissioners Regular Board Meeting, Administration Building, Room #119
 
Tuesday, October 21, 2008, 9:00 a.m. – Board of County Commissioners Land Use Public Hearings, Administration Building, Room #119
 
Tuesday, October 28, 2008, 9:00 a.m. – Board of County Commissioners Regular Board Meeting, Administration Building, Room #119
 
Tuesday, November 11, 2008 – All County Buildings closed in observance of Veteran’s Day
 
Wednesday, November 12, 2008, 9:00 a.m. – Board of County Commissioners Regular Board Meeting, Administration Building, Room #119 (pending prior approval)
 
Tuesday, November 18, 2008, 9:00 a.m. – Board of County Commissioners Land Use Public Hearings, Administration Building, Room #119
 
Tuesday, November 25, 2008, 9:00 a.m. – Board of County Commissioners Regular Board Meeting, Administration Building, Room #119
 
Thursday & Friday, November 27 & 28, 2008 – All County Buildings closed for Thanksgiving
 
 ADDENDUMS
   
(4)SUMMARY: Appoint M. Michele Stewart to the Environmentally Sensitive Lands Oversight Committee representing the environmental expertise category.  Ms. Stewart would be replacing Gregg Klowden who resigned.   Length of term - until January 23, 2010.
BUDGETED ACTION:
RECOMMENDED ACTION: Appoint M. Michele Stewart to the Environmentally Sensitive Lands Oversight Committee representing the environmental expertise category.  Ms. Stewart would be replacing Gregg Klowden who resigned.   Length of term - until January 23, 2010.
   
(2)SUMMARY:
BUDGETED ACTION:
RECOMMENDED ACTION: Set a Special Board Meeting for the sole purpose of convening an Executive Session for August 27, 2008 at 1:00 p.m., or as soon thereafter, in the County Attorney’s Office Conference Room to discuss settlement negotiations and/or litigation strategy related to Charlotte County v. Edgewater 2000 LLC, Case No. 536-CA and Edgewater 2000 LLC c. Charlotte County, Case No. 07-1732.
   
(3)SUMMARY:
BUDGETED ACTION:
RECOMMENDED ACTION: Set a Special Board Meeting for the sole purpose of convening an Executive Session for August 25, at 1:30 p.m., or as soon thereafter, in the County Attorney’s Office Conference Room to discuss global phosphate settlement negotiations and/or strategy related to litigation with Mosaic.
   
(4)SUMMARY: 072408 CH-CRAAC MINUTES
BUDGETED ACTION:
RECOMMENDED ACTION:

Charlotte Harbor Community Redevelopment Agency Asvisory Committee Meeting Minutes for July 24, 2008.