Meeting Agenda

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 11/12/2008 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
	Dr. David Blood New Hope Christian Fellowship
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
	America Recycles Day
	Arts and Humanities Council Artist of the Month - Victoria Cappetta
	National American Indian Heritage Month
Employee Recognition
	5 Years Margot Ayre Utilities Roger Davis Budget Claire Jubb Building Construction Services Charles Johnson Facilities Thomas Lach Parks, Recreation & Cultural Resources Edward Levasseur Public Works Gordon Madara Utilities Kelly Slaughter Public Works Bonnie Stoner Commission Office Margaret Stout Animal Control 10 Years Robert Edwards Parks, Recreation & Cultural Resources 15 Years Philip Carter Public Works Melvin Hudson Public Works Not Attending Michael Vaughn 5 Years Building Construction Services
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:
	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
	Edgewater North Waterway Advisory Committee is seeking three volunteers to serve. Must reside within the boundary of the unit. Terms are for three years.
	Environmentally Sensitive Lands Oversight Committee is seeking volunteers who are residents and electors of the County to serve representing the following categories: environmental expertise, business/land development and community representative. Terms vary.
	Gulf Cove Waterway Unit Advisory Committee is seeking one volunteer to serve as a regular member. Must be a land owner and reside within the boundaries of the unit. Term is for three years
	Greater Port Charlotte Street and Drainage Unit Advisory Committee is seeking one volunteer to serve as a regular member. Must be a land owner and reside within the boundaries of the unit. Term is for three years
	Lemon Bay Street and Drainage Advisory Committee is seeking two regular members and one alternate. 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 unit.
	Pirate Harbor Waterway Unit - seeking five regular members and one alternate to serve on this newly formed committee. Must be residents of the unit and 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 unit
	South Bridge Waterway Municipal Service Benefit Unit is seeking one (1)volunteer to serve as a regular member and one (1) volunteer to serve as an alternate member on this newly formed committee. Terms will be determined at first meeting.
	South Burnt Store Street & Drainage Advisory Committee is seeking one volunteer. This is a three (3) year term effective immediately expiring on June 26, 2011.
	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
	Town Estates Street & Drainage Unit Advisory Board is seeking one volunteer to finish a vacated term. Term is effective immediately and expires Jan. 23, 2010.
	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 October 29, 2008 Charlotte Harbor Community Redevelopment Agency Advisory Committee.
	County Investment Report/Interest on Investments as of September 30, 2008


	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 from the following meetings: July 15, 2008 1:30 p.m. Goal Setting Workshop July 22, 2008 9:00 a.m. BCC Regular Meeting July 28, 2008 5:01 p.m. MSBU Public Hearings July 29, 2008 1:30 p.m. CIP Workshop July 29, 2008 5:01 p.m. Special Meeting August 12, 2008 9:00 a.m. BCC Regular Meeting August 18, 2008 9:00 a.m. Emergency Meeting August 25, 2008 1:30 p.m. Executive Session – Phosphate BUDGETED ACTION: None

	Board of County Commissioners
	C.	Commission Office
	(1)	RECOMMENDED ACTION: Re-appoint Mr. John Biluk as a regular member of the Deep Creek Non-Urban Street & Drainage Unit Advisory Committee. Mr. Biluk was appointed to finish the term of Fred Stitler in Jan. 2007, which expires Nov. 25, 2008. Mr. Biluk has requested re-appointment to serve the full three year term, effective Nov. 25, 2008 and expiring Nov. 25, 2011. BUDGETED ACTION: None

	(2)	RECOMMENDED ACTION: Approve appointments to the Historical Advisory Committee - a) Ms. Terry Zic as the Lemon Bay Historical Society representative; and b) Mr. Vernon Peeples as the Member-At-Large. The Punta Gorda Historical Society representative will remain vacant until a replacement is named. Terms will expire in September 2011 BUDGETED ACTION: None

	(3)	RECOMMENDED ACTION: Approve the appointments of Mr. Vincent Vurro and Mr. Matt Stamm to the Suncoast Waterway Maintenance MSBU. Terms effective immediately and length to be determined at first meeting. BUDGETED ACTION: None

	(4)	RECOMMENDED ACTION: Approve a resolution in support of a constitutional amendment that requires state legislators to operate under the same Sunshine Law as county officials. BUDGETED ACTION: None

	D.	Administration
	( )	No Items
	E.	County Attorney
	(1)	RECOMMENDED ACTION: Request the Board of County Commissioners set a Public Hearing for November 25, 2008, at 10:00 AM, or as soon as can be heard, to consider a door-to-door selling ordinance amending sections 1-10-76 through 1-10-78 of the Charlotte County Code. BUDGETED ACTION: None

	F.	Budget and Administrative Services
	(1)	RECOMMENDED ACTION: Set a public hearing on Tuesday, December 9, 2008 for a resolution of intent to use the uniform method of collection of non-ad valorem assessments for Manchester Water MSBU, Manchester Wastewater MSBU, East & West Spring Lake Wastewater MSBU, and Neal Road Street and Drainage MSBU. BUDGETED ACTION: None

	(2)	RECOMMENDED ACTION: Amendments and transfers which impact various funds and are required to complete Fiscal Year 2007/2008 budget closing process. a) Approve Budget Amendments at Attachment A totaling $26,827,677; and b) Approve Budget Transfers at Attachment B for $2,288,255 BUDGETED ACTION: None

		Fiscal Services
	( )	No Items
		Information Technology
	( )	No Items
		Purchasing
	(1)	RECOMMENDED ACTION: a) Approve ranking of firms for Request for Proposal #08-345, for Charlotte Harbor Redevelopment Urban Design; 1st, Kimley-Horn & Associates; 2nd, WilsonMiller, Inc; and 3rd, Johnson Engineering; b) Approve start of negotiations; and c) Authorize the Chairman to sign the contract after completion of negotiations. BUDGETED ACTION: None

	(2)	RECOMMENDED ACTION: Award Bid #08-390, Northwest Port Charlotte Bridge Rehabilitation, to American Earth Movers, Inc., of Miami Shores, FL in the amount of $532,559.35. BUDGETED ACTION: The FY09 budget contains $632,000 for this project in the NorthWest Port Charlotte Streets and Drainage MSBU. CIP project c410515, NW Port Charlotte Bridge Rehabilitation Program,. Project total is $2,125,000.

	(3)	RECOMMENDED ACTION: Approve purchase of buses under Florida Department of Transportation Contract #FVPP-05-CA-4, with Getway Marketing, Inc. of Bradenton, FL (our file #09-053, Sunshine and Dial-A-Ride Buses) in the amounts listed as follows: a) purchase of two (2) Sunshine Ride Buses in the amount of $15,798.80; and b) purchase of two (2) Dial-A-Ride Buses in the amount of $156,246. BUDGETED ACTION: None

	(4)	RECOMMENDED ACTION: a) Approve Ranking of Firms for Request for Proposal #09-015, Construction Engineering Inspection (CEI) Services for the Aqui Esta Drive Improvements: 1st - Reynolds, Smith & Hills CS, Inc; 2nd - Wilbur Smith Associates, Inc., and 3rd - American Consulting Engineers of Florida, LLC; and b) Approve Start of Negotiations; and c) Authorize the Chairman to sign the contract after completion of negotiations. BUDGETED ACTION: The FY09 budget contains $1,000,000 for CEI in the Road Improvements Fund. CIP project C419301, Aqui Esta/US 41 to Bal Harbor. The project total is $11,666,000.

	(5)	RECOMMENDED ACTION: Approve Change Order #1 to Contract #03-442, Engineering Services for Winchester Boulevard-Phase 3 Improvements, with Wilbur Smith Associates, Inc., Port Charlotte, FL, for plan modifications, drainage analysis, permits, and environmental issues in the amount of $344,427.16 and a revised contract amount of $692,053.16. BUDGETED ACTION: The FY09 budget contains $5.9 mil for Engineering and Design in the Road Improvements fund. CIP project c419302, Winchester Blvd Phase 3 South, The project total is $64,834,000.

	(6)	RECOMMENDED ACTION: Approve deletion of the property inventory items listed on the attached for the month of November, 2008. BUDGETED ACTION: None

		Real Estate Services
	(1)	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 Ninety-Three, and further authorizing the Director of Real Estate Services to execute the County Deed releasing said portion of said easement. (Owners: Glenn and Yvette Price) BUDGETED ACTION: None

	G.	Building Construction Services
	( )	No Items
	H.	Economic Development
	( )	No Items
	J.	Environmental Services
	( )	No Items
	K.	Facilities Construction and Maintenance
	( )	No Items
	L.	Growth Management
	(1)	RECOMMENDED ACTION: Approve the Impact Fee Credit and Reimbursement Agreement between Babcock Property Holdings, LLC, Babcock Ranch Community Independent Special District, and Charlotte County. BUDGETED ACTION: None

	(2)	RECOMMENDED ACTION: Approve the DRC-PD-80-4VVV Partial Final Detail Plan Resolution permitting The Florida Department of Health to construct the Charlotte County Department of Health Facility. BUDGETED ACTION: None

	M.	Human Resources
	( )	No Items
	N.	Human Services
	( )	No Items
	P.	Parks, Recreation & Cultural Resources
	(1)	RECOMMENDED ACTION: Approve and authorize the Chair to sign an Agreement with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida to allow the use of State Lands for the use of Cattledock Boat Ramp. BUDGETED ACTION: FY 2009 Budgeted amount $375,000 for design and engineering.

	(2)	RECOMMENDED ACTION: Approve the conversion of three part time employees and seasonal positions at the stadium to three full time maintenance workers to work the 80 acre grounds and six fields. BUDGETED ACTION: Budgeted Amount is $923,593 within the Stadium M&O Fund. Funding for maintenance and operation of the stadium is identified in Schedule 2 of the Charlotte Sports Park agreement between Charlotte County and the Tampa Bay Rays. No new funds are requested; line item adjustment will occur.

	Q.	Public Safety
	( )	No Items
	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
	(1)	RECOMMENDED ACTION: Select by ballot one member to serve on the Housing Finance Authority. This member will fill the unexpired term of Mr. Rex Koch, who resigned. Vacancy has been advertised and the term is four years BUDGETED ACTION: None

	(2)	RECOMMENDED ACTION: a) Receive Affordable Housing Advisory Committee (AHAC) Annual Report to be presented by Committee Chair Mike Mansfield; b) Consider the 13 recommendations brought forward by the AHAC; and c) Direct staff to review these recommendations for potential inclusion in County planning documents and plans. BUDGETED ACTION: None

	(3)	RECOMMENDED ACTION: a) Receive PowerPoint Presentation from Housing Division representing a total accounting of the Hurricane Housing Recovery Grant b) Review and approve reallocation of remaining Program Funds c) Review and approve reallocation of remaining Administrative Funds d) Approve the request for an extension of two projects under this grant as noted e) Authorize Chair to execute appropriate documents as needed to accomplish the above. BUDGETED ACTION: No budget action required. Amounts included in approved fiscal year 2009 county budget.

	(4)	RECOMMENDED ACTION: Discussion/direction and possible approval of the October 29, 2008 revised Relocation Settlement Agreement and Release concerning Dan Cugini d/b/a Billboards USA and Freeland Moore Nissan, Inc. v. Charlotte County - Bert Harris Claim. BUDGETED ACTION: None

	(5)	RECOMMENDED ACTION: Approve Agreement A with Southwest Land Developers, Inc. and Budget Transfer (#09-002) and Budget Amendment (#09-A05) in the amount of $72,400 or Approve Agreement B with Southwest Land Developers, Inc. and Budget Transfer (#09-002) and Budget Amendment (#09- A05) in the amount of $314,330. BUDGETED ACTION: Transfer revenues from the General Fund to the Economic Incentive Fund and allocate to appropriate account lines.

	(6)	RECOMMENDED ACTION: Elect a Chair Pro Tem and Vice-Chair Pro Tem of the Board of County Commissioners to serve from November 18 until the regular election occurs on November 25, 2008. BUDGETED ACTION: None


	VI. PUBLIC HEARING AGENDA
10:00 A.M.
	(1)	RECOMMENDED ACTION: Adopt the annual update to the Charlotte County Comprehensive Plan Capital Improvements Element, including changes to 5-year Schedule of Capital Improvements and changes to the Future Land Use, Infrastructure and Transportation Elements of the Comprehensive Plan. BUDGETED ACTION: None

	(2)	RECOMMENDED ACTION: Conduct a Public Hearing to consider an ordinance amending Chapter 4-4 of the County Code to include agricultural lands with residential dwelling units in the Charlotte County Sanitation Unit. BUDGETED ACTION: None


	VII. PRESENTATION AGENDA
9:00 A.M.
	(1)	RECOMMENDED ACTION: Presentation by Calvin LeBuff regarding Salt Water Catch Basin design. BUDGETED ACTION: None

	(2)	RECOMMENDED ACTION: Presentation by Vanus, Inc., for the Florida Department of Transportation, District 1, to review the I-75 Freeway Management System (FMS) in Charlotte County. BUDGETED ACTION: None


	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, November 18, 2008, 9:00 a.m. – CANCELED - ~~Board of County Commissioners Land Use Public Hearings~~, Administration Building, Room #119 (pending approval October 28, 2008) 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 $1,000,000 for CEI in the Road Improvements Fund. CIP project C419301, Aqui Esta/US 41 to Bal Harbor. The project total is $11,666,000. RECOMMENDED ACTION: a) Approve Ranking of Firms for Request for Proposal #09-015, Construction Engineering Inspection (CEI) Services for the Aqui Esta Drive Improvements: 1st - Reynolds, Smith & Hills CS, Inc; 2nd - Wilbur Smith Associates, Inc., and 3rd - American Consulting Engineers of Florida, LLC; and b) Approve Start of Negotiations; and c) Authorize the Chairman to sign the contract after completion of negotiations.

	(1)	SUMMARY: This satisfies a Babcock Charlotte Mater Development Order condition to establish an Impact Fee Credit and Reimbursement Agreement. BUDGETED ACTION: None RECOMMENDED ACTION: Approve the Impact Fee Credit and Reimbursement Agreement between Babcock Property Holdings, LLC, Babcock Ranch Community Independent Special District, and Charlotte County.