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
7/22/2008 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
Chairman, Tom D'Aprile, District 1
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
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:
Boca Grande Street and Drainage Advisory Committee - is seeking one volunteer who is a landowner and resides within the boundaries of the Unit to serve as the alternate member.  The term shall be for two years.
Construction Board of Adjustments and Appeals - is seeking one member to serve as an alternate on this Board.  Must be a member of the construction industry and hold a current license.
Charlotte Harbor Community Redevelopment Agency Advisory Committee - is seeking one volunteer to serve as a Business Representative from within the Unit.  Term is effective immediately.   
Charlotte Ranchettes Street & Drainage Unit Advisory Board - is seeking one alternate member.  Volunteer must be a resident of Charlotte County and reside within the unit.  Term expires January 23, 2009.
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 volunteers to fill the expired terms of Engineer, Member-At-Large, and General Contractor.  These terms will all 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.

Englewood Area Planning Advisory Board - is seeking one volunteer who is a landowner and resides within the boundaries of the unit to serve as a regular member for a three year term. 

Harbour Heights Waterway Maintenance District Advisory Board - is seeking one volunteer to finish the term of the alternate.  This term is effective immediately and will expire April 10, 2009.  Must live within the unit.

Lemon Bay Street and Drainage Advisory Committee - is seeking two volunteers to serve as regular members, and one volunteer to serve as an alternate member.  The term for regular members are for two and three year terms, and the term for the alternate member is for two years.  All volunteers must be landowners and reside within the boundaries of the unit. 
Manasota Key Street and Drainage Advisory Committee - is seeking one volunteer who is a landowner and resides within the boundaries of the unit to serve as the alternate member.  The term shall be for two years. 
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 Utility 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.
Placida Street and Drainage Advisory Committee - is seeking one volunteer who is a landowner and resides within the boundaries of the unit to serve as the alternate member.  The term shall be for two years.
Rotonda West Street and Drainage Advisory Committee - is seeking one volunteer who is a landowner and resides within the boundaries of the unit to complete a vacated term as the alternate member.  The term shall expire on February 27, 2009.
South Bridge Waterway Municipal Service Benefit Unit - is seeking two regular members and one alternate member.  Must live in the unit.  Terms effective immediately; length of term to be determined at first meeting.
 
South Gulf Cove Street and Drainage Advisory Committee - is seeking one volunteer who is a landowner and resides within the boundaries of the unit to complete a vacated term ending February 13, 2009, as the alternate member.
South Gulf Cove Waterway Advisory Committee - is seeking one volunteer who is a landowner and resides within the boundaries of the unit to complete a vacated term as the alternate member.  The term shall expire on January 9, 2009.
Suncoast Waterway Maintenance Municipal Service Benefit Unit - is seeking three regular members and one alternate member.  Must live in the unit.  Terms effective immediately; length of term to be determined at first meeting.
Value Adjustment Board of Charlotte County - is seeking a volunteer citizen member to serve on the Board. The citizen member must own homestead property within Charlotte County, may not be a member or an employee of any taxing authority and may not be a person who represents property owners in any administrative or judicial review of property taxes. Submit resume to:  Board of County Commissioners, 18500 Murdock Circle, Room 536, Port Charlotte, FL33948-1094, or e-mail bcc@charlottefl.com by July 31, 2008.  If you require special assistance or accommodations please include this information with your resume.
West Charlotte Stormwater Utility - is seeking one volunteer who is a landowner and resides within the boundaries of the unit to serve as a regular member for a three year term. 
 
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
(1)RECOMMENDED ACTION: 10:00 AM          April 16, 2008          Strategic Financial Review  
2:00   PM               April 17, 2008               Strategic Financial Review  
9:00   AM               April 22, 2008               BCC Regular Meeting  
3:00   PM               April 22, 2008               Strategic Financial Review  
BUDGETED ACTION: None
   
 Board of County Commissioners
 C.Commission Office
 ( )No Items
 D.Administration
(1)RECOMMENDED ACTION: Approve a Resolution accepting Amendment Number Two to Easement Number 31354 from the Board of Trustees of the Internal Improvement Trust Fund for the Stump Pass Experimental Stabilization Project and authorizing the Chair to sign the amended easement.         
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Approve Change Order #1 for J.C. Pilato, Inc., in the amount of $5,026.00 for the installation of a new HVAC system for a recipient of Community Development Block Grant monies.
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: Approve Change Order #1 with Fred Shute Real Estate and Development, Inc., in the amount of $6,550, for the installation of a well for a recipient of Community Development Block Grant monies.      
BUDGETED ACTION: None
   
(4)RECOMMENDED ACTION: Adopt the Administrative Code prepared by the County Administrator, in compliance with the County Charter.
BUDGETED ACTION: None
   
 E.County Attorney
(1)RECOMMENDED ACTION: Approve the Stipulated Settlement Agreement ("Settlement Agreement") between the State of Florida Department of Community Affairs and Charlotte County as a partial settlement of all claims raised in DOAH Case No. 06-2011GM, and authorize the Chairman to sign the Settlement Agreement.
BUDGETED ACTION: None
   
 F.Budget and Administrative Services
 ( )No Items
  Fiscal Services
 ( )No Items
  Information Technology
 ( )No Items
  Purchasing
(1)RECOMMENDED ACTION: a) Approve award of Bid #08-202, Coral Creek Bridge Replacement, to Thomas Marine Construction, Inc., for the base bid cost of $7,898,401.36 and approve award of Option B (Gasparilla Island Water Association work requested and funded by GIWA) in the amount of $411,758.55, for a total cost of $8,310,159.91; and b) Approve CIP Amendment #08-C18 in the amount of $907,000; and c) Approve budget transfer # 08-019 in the amount of $907,000, to construct a replacement bridge for the existing Coral Creek Bridge.  The new structure will be a cast-in-place concrete structure.
BUDGETED ACTION: After the above transfer and CIP amendment funds will be available in the Road Improvements fund. CIP project C419801, Coral Creek Bridge Replacement. Project total is $9,958,000. CCU's portion is in projects c339702, Major Water Transmission Lines ($290,559.93) and c350602 Wastewater Force Main ($300,611.93). 
   
(2)RECOMMENDED ACTION: a) Approve Amendment #1 to Contract #03-207, Emergency Debris Management Services with Ashbritt, Inc.; Crowder-Gulf; Grubbs Emergency Services, LLC; and Asplundh Environmental Services, Inc.; and b) Authorize the Chairman to sign Amendments.
BUDGETED ACTION: None, if eligible, the Federal Highway Administration will reimburse expenditures.
   
(3)RECOMMENDED ACTION: a) Approve Contract #2008000121, Methane Gas Collection for Charlotte County Landfill with North American Natural Resources-Southeast for the Purchase of all existing and future methane gas collected at the Charlotte County Landfill Site; and b) Approve the Site Lease Agreement between Charlotte County and North American Natural Resources. 
BUDGETED ACTION: None required.  All costs are the responsibility of the developer.  All future revenues generated will be deposited in the Solid Waste Fund.
   
(4)RECOMMENDED ACTION: Request the Board terminate Contract #08-015, Potable Water Main Extension-Design, with WilsonMiller, Inc., in the amount of $989,600.
BUDGETED ACTION: Budgeted in FY08 but CIP deferred to future period and funding/expense removed in proposed FY09 budget.
   
  Real Estate Services
(1)RECOMMENDED ACTION: Approve the attached Resolution approving the release of a portion of a recorded twenty-foot (20’) wide canal maintenance easement and a portion of a platted twenty-five foot (25’) wide canal maintenance easement, both located in Port Charlotte Subdivision, Section Forty-Four, and further authorizing the Director of Real Estate Services to execute the County Deed releasing said portion of said easements. (Owners: William and Carol Vanderslice)
BUDGETED ACTION: None
   
(2)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-Seven, and further authorizing the Director of Real Estate Services to execute the County Deed releasing said portion of said easement. (Owners:  Bernd and Ingrid Duerrschmidt)
BUDGETED ACTION: None
   
 G.Building Construction Services
 ( )No Items
 H.Economic Development
(1)RECOMMENDED ACTION: Approve up to $94,900 in tax increment funds to fund enhanced design and construction of the Florida Department of Transportation (FDOT) eight- foot wide sidewalk along US41 in Charlotte Harbor Community Redevelopment Area and authorize the Chairman to sign a letter of intent.
BUDGETED ACTION: Budget is available in Project - Charlotte Harbor Gateway, project total is $11,988,000.
   
 J.Environmental Services
(1)RECOMMENDED ACTION: Approve Budget Amendment #08-A42 in the Mosquito Control Department budget in the amount of $4,367 and Budget Transfer #08-022 in the amount of $18,992 in the Mosquito Control state budget.
BUDGETED ACTION: Approve Budget Amendment in the amount of $4,367 and Budget Transfer #08-022 in the amount of $18,992.  Funding for the Amendment is FEMA reimbursement from Hurricane Wilma and the Budget Transfer is to cover expenses for leased equipment and for improvements to property.
   
 K.Facilities Construction and Maintenance
 ( )No Items
 L.Growth Management
 ( )No Items
 M.Human Resources
(1)RECOMMENDED ACTION:

Staff recently concluded a series of Strategic Financial Workshops with the Board outlining departmental proposals for budget re-structuring to deal with FY08/09 revenue shortfalls.  One of the strategies involves staffing reductions.  This agenda item requests the Board's approval to implement the staffing reductions and re-structuring as discussed during the previous workshops.


BUDGETED ACTION: None
   
 N.Human Services
 ( )No Items
 P.Parks, Recreation & Cultural Resources
 ( )No Items
 Q.Public Safety
(1)RECOMMENDED ACTION: a) Approve the modification of the Emergency Management Preparedness & Assistance (EMPA) Base grant agreement #08BG-24-09-18-01-368 for an additional $34,361; and b) Approve Budget Amendment #08-A38 in the amount of $34,361.
BUDGETED ACTION: Approve Budget Amendment # 08-A38 in the amount of $34,361.  Funding comes from the Federal Emergency Management Performance Grant Award for use by Emergency Management budget in the General Fund.
   
(2)RECOMMENDED ACTION: Approve Budget Amendment #08-A40 to recognize the award of $862,138 funding for Grant Project Number g250802, Charlotte County Equipment Upgrade Project, for the purchase and installation of Enhanced 911 (E911) systems, including training costs, plus equipment maintenance and warranty costs for one year.
BUDGETED ACTION: Budget Amendment #08-A40: Increase revenue budget in State Grant-Public Safety line, R 1055.000000.334.201.0000 $862,138, Increase expense budget in Equipment line, E 1055.296407.525.64.0001 $862,138.  The Grant award will be placed in the Enhanced 911 Fund (#1055), where all related expenditures will be charged.
   
 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: Request the Board of County Commissioners accept the roads, roadside swales, and pertinent roadside easements constructed within Airport Commerce Park for operation and maintenance.  Authorize the Chairman to sign the Development Agreement, Perpetual Non-Exclusive Drainage Easement Agreement, Roadway Easement Dedication Agreement.  Request that the Board accept the Warranty Deed from the Charlotte County Airport Authority for a segment of the Airport Commerce Park Entrance Road .
BUDGETED ACTION: None at this time.
   
(2)RECOMMENDED ACTION: Set a special meeting on Tuesday July 29, 2008 at 3:00 p.m. or as soon thereafter as possible after the conclusion of the CIP presenation to discuss the experts' analysis of Mosaic's South Fort Meade mine permits and determine the appropriate course of action.
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: Approve a Memorandum of Agreement with Florida Power & Light ("FPL") concerning removal of poles and appurtenances from Murdock Village property.
BUDGETED ACTION: There will be no cost to the County.
   
 
VI. PUBLIC HEARING AGENDA
10:00 A.M. 
(1)RECOMMENDED ACTION: Consider an ordinance amending County Code Chapter 3-8 Article II concerning the regulated water and wastewater utilities to include price indexing and grandfather certificates.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION:

Grant a waiver from Section 3-9-63 of the Code of Laws and Ordinances of Charlotte County to allow access to 19715 Kenilworth Blvd. by way of Kenilworth Blvd., a local road.


BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: Consider an ordinance granting an electric franchise to Florida Power & Light Company ("FPL").
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
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, July 22, 2008 , 10:00 a.m. , or soon thereafter  – Public Hearings, Regulated Water and Wastewater Utilities, Electric Franchise Ordinance, Administration Building, Room #119
 
Monday, July 28, 2008 , 5:01 p.m. - MSBU Public Hearing, Administration Building , Room #119
 
Tuesday, July 29, 2008 ,  1:30 p.m. – CIP Presentation, Administration Building , Room #119
 
Tuesday, August 12, 2008 , 9:00 a.m. – Board of County Commissioners Regular Board Meeting, Administration Building, Room #119
 
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, County Buildings Closed for Labor Day
 
Tuesday, September 9, 2008, 9:00 a.m. - Board of County Commissioners Regular 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 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 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
 
 
 ADDENDUMS
   
(1)SUMMARY:
BUDGETED ACTION: None at this time.
RECOMMENDED ACTION: Request the Board of County Commissioners accept the roads, roadside swales, and pertinent roadside easements constructed within Airport Commerce Park for operation and maintenance.  Authorize the Chairman to sign the Development Agreement, Perpetual Non-Exclusive Drainage Easement Agreement, Roadway Easement Dedication Agreement.  Request that the Board accept the Warranty Deed from the Charlotte County Airport Authority for a segment of the Airport Commerce Park Entrance Road .
   
(2)SUMMARY:
BUDGETED ACTION:
RECOMMENDED ACTION: Set a special meeting on Tuesday July 29, 2008 at 3:00 p.m. or as soon thereafter as possible after the conclusion of the CIP presenation to discuss the experts' analysis of Mosaic's South Fort Meade mine permits and determine the appropriate course of action.
   
(3)SUMMARY:
BUDGETED ACTION: There will be no cost to the County.
RECOMMENDED ACTION: Approve a Memorandum of Agreement with Florida Power & Light ("FPL") concerning removal of poles and appurtenances from Murdock Village property.