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
10/14/2008 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 Bill Wilson
Port Charlotte Seventh Day Adventist 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 
Martha "Midge" Curran Day
4-H Month in Charlotte County
Barbara Gavel, Arts and Humanities Council Artist of the Month
Community Planning Month
World Habitat Day
Employee Recognition 
5 YEAR
Thomas Brooks                        Facilities
Larry Burns                             Utilities
William Conran                        Utilities
John Mulholland                       Building Construction Services
Lyndon Reinwald                      Building Construction Services
Margaret Russell                       Parks, Recreation & Cultural Resources
Paul Sears                                Utilities
Carl Stamps                             Parks, Recreation & Cultural Resources
 
10 YEAR
Stacey Dolleman                       Utilities
Robert Holbach                        Public Works
Kelly Studenwalt                      Human Services
 
20 YEAR
Donald Kleinhaus                     Facilities
MaryAnne Sharkey                  Park, Recreation & Cultural Resources
Jeffrey Siebelt                           Public Works
 
Not Attending
Larry Lippel, Jr.                        10 years           Fire/EMS
Robert Lavelle                          20 years           Fire/EMS
Gloyd Stadel, II                        20 years           Fire/EMS
Paul Weinrich                           20 years           Fire/EMS
 
 
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:
CharlotteCountyis seeking one volunteer to be appointed to sit on the Board of Directors of BabcockRanch, Inc.  The appointment must be a resident, active in an organization concerned with the activities of the ranch and not an employee of any governmental entity.  This is a four (4) year term, effective November 2008, expiring November 2012.
Construction Board of Adjustments and Appeals - is seeking one member to serve as an alternate.  Must be a member of the construction industry and hold a current license.  Meetings are held as needed on the 1st and 3rd Monday of each month at 8:30 a.m. in Murdock.
Deep Creek Non-Urban Street & Drainage Unit Advisory Committee is seeking one volunteer to fill the remainder of a vacated term.  Term is effective immediately and expires Jan. 2011.
Greater Port Charlotte Street and Drainage Unit - is seeking one member to serve as the alternate.  Must reside within the unit.  Term will expire in April 2009.  
Housing Finance Authority is seeking one citizen to serve.  Must be a resident of Charlotte County and have knowledge in labor, finance or commerce.  This committee meets quarterly and term is four years.
Lemon Bay Street and Drainage Advisory Committee - is seeking two regular members and one alternate member.  Must be land owners and reside within the boundaries of the unit.
Manasota Key Street and Drainage Unit Advisory Committee - is seeking one volunteer to serve as the alternate for a two year term.  Must be a land owner and reside within the boundaries of the unit.
Charlotte County-Punta Gorda MPO - is seeking one volunteer to serve as a Minority Interest Representative on the Citizens' Advisory Committee (CAC).
Pirate Harbor Waterway Unit - is seeking five regular members and one alternate to serve on this newly formed committee.  Must be residents of the unit.  Terms will be determined at the first meeting. 
Placida Street and Drainage Unit Advisory Committee  - is seeking one volunteer to serve as the alternate member for a two year term.  Must be a land owner and reside within the boundaries of the unit.
Rotonda West Street and Drainage Unit Advisory Committee - is seeking one member to serve as the alternate.  Must be a land owner and reside within the unit.
South Gulf Cove Street and Drainage Unit Advisory Committee - is seeking one member to serve as the alternate member.  Must be a land owner and reside in the unit.
South Bridge Waterway MSBU - is seeking two regular members and one alternate member.  Must live within the boundaries of the unit.  Terms will be determined at the first meeting.
Suncoast Waterway Maintenance MSBU - is seeking three regular members and one alternate member to serve.  Must reside within the unit.  Terms will be determined at the first meeting.  
West Charlotte Stormwater Utility - is seeking one regular member to serve a three year term.  Must be a land owner and reside within the unit.  
 
III. REPORTS RECEIVED AND FILED
Minutes for the September 19, 2008 Murdock Village Community Redevelopment Agency Advisory Committee.

Minutes for the September 25, 2008 Charlotte Harbor Community Redevelopment Agency Advisory Committee.

 
 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:
June 13, 2008, 9:00 a.m. Joint Meeting – BCC/City of Punta Gorda
June 13, 2008, 1:30 p.m. Strategic Financial Review
June 16, 2008, 9:00 a.m. Executive Session – Phosphate Issues
June 17, 2008, 9:00 a.m. Land Use Public Hearings

BUDGETED ACTION: None
   
 Board of County Commissioners
 C.Commission Office
(1)RECOMMENDED ACTION: Appoint Nathaniel Cooley as the Business Representative on the Charlotte Harbor Community Redevelopment Agency Advisory Committee.      
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Appoint Mel Staudmyer to serve as the alternate on the Harbour Heights Waterway Maintenance District Advisory Board.  This term is effective immediately and will expire on April 10, 2009.
BUDGETED ACTION: None
   
 D.Administration
 ( )No Items
 E.County Attorney
(1)RECOMMENDED ACTION: Approve a settlement in the amount of $32,500 concerning the claim of Christopher Walling. 
BUDGETED ACTION: The settlement amount will be funded by the Risk Management Department's Self Insurance Fund. 
   
 F.Budget and Administrative Services
(1)RECOMMENDED ACTION: Approve budget transfer #S08-01  in the amount of  $866,516  to align budgeted funds for the Supervisor of Elections for year-end closeout.   
BUDGETED ACTION: Budget Transfer #S08-01 in the amount of $866,516.
   
(2)RECOMMENDED ACTION: Approve Budget Transfer # 08-026 in the amount of $150,000 to close out Sheriff's 07/08 Budget.
BUDGETED ACTION:

Transfer $150,000 from the Sheriff's Reserve for Contingency into the Sheriff's Operating Budget.

   
(3)RECOMMENDED ACTION: Approve extension of the 2008 Tax Roll from the Property Appraiser to the Tax Collector in accordance with Section 197.323 F.S. prior to the Value Adjustment Board completion of its final meetings.
BUDGETED ACTION: None
   
(4)RECOMMENDED ACTION: Approve and authorize the Chair to sign, FY 2008/2009 County/State Department of Health Contract for the operation of the Charlotte County Health Department.
BUDGETED ACTION: FY 2008/2009 budget $1,277,000
   
(5)RECOMMENDED ACTION: Approve the grant contracts between Charlotte County and the Arts and Humanities Council of Charlotte County Inc. in the amount of $35,000; the Charlotte Community Foundation Inc. in the amount of $16,923; the Charlotte Harbor Environmental Center in the amount of $35,000; and the Military Heritage and Aviation Museum in the amount of $21,000. 
BUDGETED ACTION: None
   
(6)RECOMMENDED ACTION: Approve 2008 price index for regulated water and wastewater utilities. 
BUDGETED ACTION:

None

   
(7)RECOMMENDED ACTION: Set a Public Hearing for October 28, 2008, at 10:00 a.m., or as soon thereafter as may be heard, to adopt an ordinance to update the Five Year Capital Improvements Program (CIP) for FY 2008/2009 through FY 2012/2013.
BUDGETED ACTION: None
   
  Fiscal Services
 ( )No Items
  Information Technology
 ( )No Items
  Purchasing
(1)RECOMMENDED ACTION: Award Bid #08-367, Gulf Cove Waterway Maintenance Dredging to Marine Contracting Group, Inc. of Punta Gorda, FL, in the amount of $714,682.50.
BUDGETED ACTION: The FY09 budget has $1,000,000 available for this project in the Gulf Cove Waterway MSBU fund. CIP project C390704, Gulf Cove Waterway Dredging.
   
(2)RECOMMENDED ACTION:

a) Award Bid #08-391, Asphalt Repairs for CCU - Annual Contract to Sunland Paving Company Inc. of Port Charlotte, FL at the unit prices submitted.  Terms of the contract are from date of award through and including September 30, 2009; and
b) Authorize the County Administrator to approve renewal options for up to two (2) additional one-year terms, at the same prices, terms and conditions, by mutual consent.


BUDGETED ACTION: FY2009 Budget Contractual Services for Asphalt Services is $65,000
   
(3)RECOMMENDED ACTION: a) Approve Amendment #1 to Contract #07-363, Comprehensive Enterprise Land Records Management System, with Accela, Inc., to reflect the revised payment milestones; and
b) Authorize the Chairman to sign Amendment #1 to the Contract.

BUDGETED ACTION: None
   
(4)RECOMMENDED ACTION:

a)  Award Bid # 08-222 Aqui Esta Drive Improvements, to the lowest responsive, responsible bidder:  Quality Enterprises USA, Inc., of Naples, FL, at the project cost of $6,879,523.39; and
b) Authorize the Chairman to sign the contract.


BUDGETED ACTION: The FY09 budget contains $7,672,000 for Aqui Esta construction in the Road Improvements budget. Project C419301, Aqui Esta/US 41 to Bal Harbor. Project total is $11,666,000.
   
(5)RECOMMENDED ACTION: Approve deletion of the property inventory items listed on the attached for the month of October, 2008.
BUDGETED ACTION: None
   
(6)RECOMMENDED ACTION: Approval of Change Order #2 to Contract #08-008, Manchester Boat Lock Removal, with Stemic Enterprises, Inc., of Fort Myers, Florida, both increasing the amount of the contract by $128,345.32, for a revised total cost of $751,563.37, and also adding an additional 91 calendar days to the contract time.

(Underlined verbiage is added)

BUDGETED ACTION:

FY09 funds for the dredging are available in the Manchester Waterway MSBU(95%) and the Ackerman Waterway MSBU (5%).

   
  Real Estate Services
(1)RECOMMENDED ACTION: Approve a Resolution and authorize the Chairman to execute a Declaration of Restrictive Covenant, to be located in a parcel of land lying in Section 7, Township 40 South, Range 23 East (also known as Parcel P1-1-7, Property Appraiser’s Identification No. 402307151002) for the preservation of a wetland area (Charlotte County Public Health Building Site)
BUDGETED ACTION:

None

   
 G.Building Construction Services
(1)RECOMMENDED ACTION: Approve six (6) Amended Developer's Agreements from Centex Homes to extend the following Developer's Agreements and attached surety for Final Plats as follows:
  FP 03-08-04 - Sawgrass Unit 1 from February 2008 to August 2010;
  FP 04-05-08 - Sawgrass Pointe Unit 2 from May 2008 to August 2010;
  FP 04-09-19 - Sawgrass Pointe Unit 3 from June 2008 to October 2010;
  FP 04-09-20 - Sawgrass Pointe @ Riverwood Un 4 - from September  
                          2008 to August 2010.
  FP 04-12-23 - Myakka Pointe @ Riverwood Un 2 - from October 2007
                          to August 2010.
  FP 05-03-03 - Sawgrass Unit 5 - from January 2008 to October 2010.

BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Set a public hearing for October 28, 2008, at 10:00 a.m., or as soon thereafter as may be heard, to consider approving an ordinance to help encourage the use of sustainable construction in Charlotte County through green building.
BUDGETED ACTION:

None

   
(3)RECOMMENDED ACTION:

Set a public hearing for October 28, 2008, at 10:00 a.m., or as soon thereafter as may be heard to consider approving an ordinance changing the method of enforcing the lot maintenance standards for more timely enforcement. 


BUDGETED ACTION:

None

   
 H.Economic Development
 ( )No Items
 J.Environmental Services
(1)RECOMMENDED ACTION: Approve and authorize the Chair to sign the Contract between Florida Department of Agriculture and Consumer Services and Charlotte County Board of County Commissioners to provide for Charlotte County's Mosquito Control Program.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Approve a Resolution adopting official names of recently acquired Conservation Charlotte Environmentally Sensitive Lands. 
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: a) Authorize Change Order #1 to File #08-335, Refuse Carts – Direct Purchased with Rehrig Pacific Company for the purchase of additional automated carts for automated sanitation collection service; and
b) Approve the CIP Budget Amendment #08-C20  and Budget Transfer #08-027  in the amount of $171,966.

BUDGETED ACTION:

1) Approve CIP Amendment #08-C20 and Budget Transfer # 08-027 in the amount of $171,966.

   
 K.Facilities Construction and Maintenance
 ( )No Items
 L.Growth Management
(1)RECOMMENDED ACTION:

Set a joint meeting with the Planning and Zoning Board for December 16, 2008 at 2 p.m.


BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION:

Set a Public Hearing for October 21, 2008, at 10:00 AM ,or as soon thereafter as may be heard, to consider revisions to the temporary use ordinance.


BUDGETED ACTION: None
   
 M.Human Resources
(1)RECOMMENDED ACTION: Approve an Early Separation Incentive Program for Board of County Commissioners employees.
BUDGETED ACTION: None
   
 N.Human Services
 ( )No Items
 P.Parks, Recreation & Cultural Resources
(1)RECOMMENDED ACTION: a) Approve and authorize the Chairman to sign a Public Waterways Designation Agreement which will incorporate the Charlotte County Blueways Trail System into the Statewide Florida Greenways and Trails System.
b) Assign Director of Parks Recreation & Cultural Resources as designee to change state map when changes occur locally.

BUDGETED ACTION: These are existing County sites. There is no additional cost and no additional funds are requested.
   
(2)RECOMMENDED ACTION:

Accept and adopt the South Gulf Cove Park Master Plan which establishes a strategic development program of interconnected park and recreational opportunities appropriate to the South Gulf Cove community.


BUDGETED ACTION: While this plan contains budget estimates for implementation and phasing recommendations, it is not the purpose of this plan to address funding sources or obligate the County to a future park construction schedule.  Funding for parks in the South Gulf Cove community is available through the MSBU system.
   
 Q.Public Safety
(1)RECOMMENDED ACTION: Approve the Division of Forestry Agreement, Amendment of Contract #1903, dated July 1, 2008 which revises two (2) items within the contract. The total acreage is changed from 265,751 acres, to 216,996 acres of forest and wild lands to be protected within the County. The cost is changed from three cents ($0.03) per acre, to seven cents ($0.07) per acre of total forest and wild land acreage within the County.

BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION:

a) Approve Contract 09-BG-03-09-18-01 between the State of Florida and Charlotte County in the amount of $98,726.  The funds are to be used for the enhancement of emergency management.  The grant will reimburse costs incurred in completing the work outlined by the FDEM in the 2008-09 Scope of Work that is included in the contract. 
b)  Approve Budget Amendment #09-A01, adjusting grant amount to the actual awarded amount. 


BUDGETED ACTION:

Amendment #09-A01 restricts grant reimbursement to the awarded amount.

   
 R.Public Works
 ( )No Items
 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 amending the provisions of the Gulf Cove Waterway MSBU to provide for the removal of advisory board members of the Unit by the BCC.
BUDGETED ACTION: Recording fees of approximately $44 are available in the Gulf Cove Waterway 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
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
Special Notice - Monday, October 27, 2009, 9:00 a.m. – Public Pre-Agenda in Building Construction Services conference room, 18400 Murdock Circle
 
Tuesday, October 28, 2008, 9:00 a.m. - Board of County Commissioners Regular Meeting, Administration Building, Room #119
 
Tuesday, October 28, 2008, at 10:00 a.m., or as soon thereafter, Public Hearings - Ordinance updating Five Year Capital Improvements Program; Encourage Sustainable Construction through Green Building & Enforcing Lot Maintenance Standards in Charlotte County, 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 
 
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 Holiday
 
Tuesday, December 9, 2008, 9:00 a.m. - Board of County Commissioners Regular Meeting, Administration Building, Room #119
 
Tuesday, December 16, 2008, 9:00 a.m. - Board of County Commissioners Land Use Public Hearings, Administration Building, Room #119
 
Thursday & Friday, December 25 & 26, 2008 – All County Buildings closed for Christmas Holiday
 
Thursday, January 1, 2009 – All County Buildings closed for New Year’s Day
 
 ADDENDUMS
   
(4)SUMMARY:
BUDGETED ACTION: The FY09 budget contains $7,672,000 for Aqui Esta construction in the Road Improvements budget. Project C419301, Aqui Esta/US 41 to Bal Harbor. Project total is $11,666,000.
RECOMMENDED ACTION:

a)  Award Bid # 08-222 Aqui Esta Drive Improvements, to the lowest responsive, responsible bidder:  Quality Enterprises USA, Inc., of Naples, FL, at the project cost of $6,879,523.39; and
b) Authorize the Chairman to sign the contract.


   
(6)SUMMARY:
BUDGETED ACTION:

FY09 funds for the dredging are available in the Manchester Waterway MSBU(95%) and the Ackerman Waterway MSBU (5%).


RECOMMENDED ACTION: Approval of Change Order #2 to Contract #08-008, Manchester Boat Lock Removal, with Stemic Enterprises, Inc., of Fort Myers, Florida, both increasing the amount of the contract by $128,345.32, for a revised total cost of $751,563.37, and also adding an additional 91 calendar days to the contract time.

(Underlined verbiage is added)