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
10/28/2008 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 Tim Goff
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 
National Business Women's Week
National Hospice Month
Andy Mandall "Mr. Diabetes" Day
El Jobean Community Pre-Veterans' Day Remembrance
Family History Month
National Family Literacy Day
Veterans' Appreciation Week
Gang Free Florida Month
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:
Deep Creek Non-Urban Street & Drainage Unit Advisory Committee - is seeking one member.  Term is effective immediately and will expire November 25, 2011.
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.
South Bridge Waterway MSBU - is seeking two regular members and one alternate member.  Must live within the boundaries of the unit.  Terms to be determined at the first regular meeting.

Charlotte County - is seeking one volunteer to be appointed to sit on the Board of Directors of Babcock Ranch, 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.
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.  Length of terms vary.
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.
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.
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.
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 10, 2008 Murdock Village 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: 9:00 AM            06/24/08            BCC Regular
1:30 PM            07/01/08            Strategic Financial Review
9:00 AM            07/08/08            BCC Regular
1:30 PM            07/10/08            Meeting to Set Tentative Millage Rates
9:00 AM            07/15/08            Land Use Public Hearings
 

BUDGETED ACTION: None
   
 Board of County Commissioners
 C.Commission Office
(1)RECOMMENDED ACTION: Approve the appointment of Stephanie (Sam) McCartney King to fill the unexpired term as the alternate member on the Greater Port Charlotte Street & Drainage Advisory Committee.  This term expires in April 2009.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Approve the appointment of Scott D. Schermerhorn as the alternate member on the Rotonda West Street and Drainage Advisory Committee for a two year term.
 

BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: Appoint Rebecca Norton to the vacated seat on the Deep Creek Non-Urban Street & Drainage Unit Advisory Committee.  This term is effective immediately and will expire Jan. 31, 2011.
BUDGETED ACTION: None
   
(4)RECOMMENDED ACTION: Appoint Michael DeWitt to the South Bridge Waterway MSBU.  This is a newly created unit that is seeking volunteers to fill the Board.  Terms to be determined at first meeting.
BUDGETED ACTION: None
   
(5)RECOMMENDED ACTION: Approve to appoint Edgar L. Hunt to the Suncoast Waterway MSBU.  This is a newly formed committee seeking volunteers.  Terms to be determined at first meeting.
BUDGETED ACTION: None
   
 D.Administration
(1)RECOMMENDED ACTION: Approve moving Tuesday, November 11, 2008 Board of County Commissioners Regular Meeting to Wednesday, November 12, 2008 due to Veteran's Day holiday; all County buildings are closed.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Approve cancellation of the November 18, 2008 Land Use Meeting.
BUDGETED ACTION: None
   
 E.County Attorney
(1)RECOMMENDED ACTION: Approve placing at the end of the Regular BCC meeting, on November 12, 2008, selection of a Chair Pro Tem and Vice-Chair Pro Tem, of the Board of County Commissioners to serve until the regular election occurs on November 25, 2008.
BUDGETED ACTION: None
   
 F.Budget and Administrative Services
 ( )No Items
  Fiscal Services
 ( )No Items
  Information Technology
 ( )No Items
  Purchasing
(1)RECOMMENDED ACTION: Approve the award of Bid #08-400, Northwest Port Charlotte Maintenance Dredging, to Millmac Corporation, of Coral Springs, FL, for the Base Bid plus the Options for Dredging of Cheshire & Apollo Waterways, for a total project cost of $256,540. 
BUDGETED ACTION: The FY09 budget has $260,000 available for this project in the Northwest Port Charlotte Waterway MSBU fund. CIP project c390403, NW Port Charlotte Waterway Dredging. Project total is $600,000.  Funding is supplied from the Northwest Port Charlotte Waterway MSBU.
   
(2)RECOMMENDED ACTION: Approve Award of Bid #08-380, Burnt Store Well Field Expansion, to Hausinger & Associates, Inc., for the base bid cost of $1,005,810.75 and approve the Optional Bid Item in the amount of $577,080 for a total cost of $1,582.890.75.  This project is to construct production well RO-15, Optional Bid Item production well RO-16, and nine (9) monitoring wells.
BUDGETED ACTION: FY2009 Budget $1,675,000.  Funding for this capital improvement comes from borrowings in CIP c330404 Burnt Store RO Water Plant to be paid back through CCU's Debt Sinking Fund.
   
(3)RECOMMENDED ACTION: a) Award Bid #08-364, Supply Asphalt Concrete - Annual Contract to Ajax Paving Industries of Florida, LLC of Nokomis, Florida for Asphalt Base Course Type 3, Type S-1, Type S-111, Type III, Sand Mix, Friction Course Type 2 without rubber and Friction Course Type 3; and Asphalt Developers Inc. of Punta Gorda, Florida for Type S-1, Type S-111, Type III, and Sand Mix; and b) Authorize the County Administrator to approve renewal options up to two (2) additional one-year terms, at the same prices, terms and conditions, by mutual consent.  This is an annual contract to supply asphalt concrete products to the Maintenance & Operations Division of the Public Works Department on an "as required" basis. 
BUDGETED ACTION: FY08 purchases were approximately $209,000.  Items will be placed into inventory and charged to the appropriate MSBU or Transportation Trust as used.
   
(4)RECOMMENDED ACTION: a) Approve Amendment #7 to Contract #07-008 Charlotte Sports Park Renovation & Expansion with Hunt/Mathews/Taylor for 1) interior changes to the Clubhouse and addition of a Clubhouse Pavilion in the amount of $323,410.27 and 2) improvements to the grass parking area at a not-to-exceed of $120,000; and b) Authorize the Chairman to sign the Amendment; and c) Approve Budget Transfer #09-A03 of $263,000 from interest earnings on debt proceeds (capital reserve) to fund the purchase of Parks maintenance equipment - $143,000, grading, and improvements to the stadium grass parking area - $120,000; and d) Approve CIP amendment 09-C01 in the amount of $263,000.
BUDGETED ACTION:

Approve Budget Transfer #09-A03 and CIP Amendment #09-C01.

   
(5)RECOMMENDED ACTION: a) Award Request for Proposal #08-359, Fully Insured/Self Insured Medical, Fully Insured Dental, Fully Insured Vision, Life, Short-Term and Long-Term Disability Insurance, to CIGNA for all segments, with the exception of Vision, commencing January 1, 2009 for the terms as listed below; and b) Award the Vision portion to Humana/Compbenefits for the period January 1, 2009 up to and including December 31, 2010.
BUDGETED ACTION: This item is budgeted in the Health Insurance Fund.
   
  Real Estate Services
(1)RECOMMENDED ACTION: Approve the attached Resolution approving the release of portions of two (2) ten-foot (10’) wide utility and drainage easements located in Port Charlotte Subdivision, Section Seventeen, and further authorizing the Director of Real Estate Services to execute the County Deed releasing said portions of said easements. (Owners:  Charles E. and Jennifer Hackbarth)
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Approve grant of a drainage easement to the City of Punta Gorda to be located on the Charlotte County Justice Center Tract.
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: Approve the attached Resolution approving the release of the six-foot (6’) wide pubic utility easement, located in Lot 1, Block 56, Port Charlotte Subdivision, Section Five, and further authorizing the Director of Real Estate Services to execute the County Deed releasing said easement.
BUDGETED ACTION: None
   
(4)RECOMMENDED ACTION: Approve the attached Resolution approving the release of the six-foot (6’) wide pubic utility easements, located in Lots 3 through 7 and Lot 26, Block 56, Port Charlotte Subdivision, Section Five; and, the release of the six-foot (6’) wide public utility easements located in Lots 27 through 34, Replat of Tract AF, Block 56, Port Charlotte Subdivision, Section Five, and further authorizing the Director of Real Estate Services to execute the County Deed releasing said easements.
BUDGETED ACTION: None
   
(5)RECOMMENDED ACTION: Approve a Resolution of Necessity authorizing the acquisition of real property and easement interests by any legal means in the Burnt Store Road Corridor Project Phase 1.
BUDGETED ACTION: The FY09 Road Improvements budget contains $12,500,000 for ROW acquisition. CIP project c419901, Burnt Store Rd Safety and Widening from US 41 to Zemel Rd Phases 1 & 2. Project total is $40,208,000.
   
(6)RECOMMENDED ACTION: Approve a Resolution of Necessity authorizing the acquisition of real property and easement interests by any legal means for the Midway Boulevard Corridor Project Phase 1.
BUDGETED ACTION: The FY09 Road Improvements budget contains $2,095,000 for ROW purchases. CIP project c419005, Midway Blvd-Elkcam to Kings Hwy. Project total is $51,554,000.
   
(7)RECOMMENDED ACTION: Approve the attached Resolution of necessity authorizing the acquisition of real property and easement interests by any legal means for the Piper Road Project.
BUDGETED ACTION: FY09 Road Improvements budget has $2,689,000 available for ROW acquisition and $700,000 for mitigation land.  CIP project c410202, Piper Rd/Enterprise Charlotte Airport Park. Project total $45,253,000.  Funding is supplied from the 2002 Sales Tax Extension Fund, Gas Taxes, Road Impact Fees, and an FDOT grant.
   
 G.Building Construction Services
(1)RECOMMENDED ACTION: Approve Amended Developer's Agreement from Villa Milano, LLC to extend the existing Developer's Agreement from February 14, 2008 to October 12, 2009 and accept Letter of Credit 200705 in the amount of $48,994 drawn on LandMark Bank as surety for Final Plat for FP 04-02-02.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Approve Final Plat for South Gulf Cove Manor - FP 06-10-06.
BUDGETED ACTION: None
   
 H.Economic Development
(1)RECOMMENDED ACTION: Approve and execute Economic Incentive Development Code Program Agreement between Charlotte County and Blue Bell Creameries, L.P.
BUDGETED ACTION: None.  Funds in the amount of $22,000 will be paid through Economic Development Incentive Fund.  By adding 11 new employees, the direct and indirect economic impact is $1.9 million.
   
(2)RECOMMENDED ACTION: Approve Budget Amendment #09-A02 for $4,000 for donations received, for the sole purpose of payroll expenses for interns working with the Economic Development Office.
BUDGETED ACTION: Approve Budget Amendment #09-A02 for $4,000.  Donations to payroll accounts in the Economic Development Office.
   
 J.Environmental Services
(1)RECOMMENDED ACTION: Set a Public Hearing for November 12, 2008, at 10:00 AM, or as soon thereafter as may be heard, 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
   
(2)RECOMMENDED ACTION: a) Accept a grant from Florida Fish & Wildlife Conservation Commission for the development of the biological element as part of a county-wide Scrub-jay Habitat Conservation Plan (HCP) in the amount of $226,390.00 and; b) Authorize the Chairman to sign the grant. 
BUDGETED ACTION: This item is already budgeted in the Natural Resources Budget in the Professional Services account line. The budget will now reflect grant funding for FY08/09, thus reducing their reliance on ad valorem revenues. 
   
(3)RECOMMENDED ACTION: Approve the request to accept an agreement between Florida Communities Trust [FCT] and Charlotte County for the Buck Creek property reimbursement of 40% of purchase price in the amount of $3,400,000; 1) identifying Andy Stevens, Natural Resources Manager, as the authorized agent to oversee the grant; 2) the signature of the Board Chairman. 
BUDGETED ACTION: None
   
 K.Facilities Construction and Maintenance
 ( )No Items
 L.Growth Management
(1)RECOMMENDED ACTION: Set a 10:00 a.m. public hearing on November 12, 2008, to adopt the Charlotte County Comprehensive Plan Capital Improvements Element update, with related changes to the Fugure Land Use, Infrastructure and Transportation Elements of the Comprehensive Plan. 
BUDGETED ACTION: None
   
 M.Human Resources
(1)RECOMMENDED ACTION: a) Approve the three (3) year Collective Bargaining Agreement (CBA) with Affiliate Local 1010, District Council 78, of the International Union of Painters and Allied Trades (IUPAT), AFL-CIO, including a Memorandum of Agreement for Year One of the contract. The CBA provides no wage increases, but allows a “re-opener” of the Pay article in Fiscal Year 2009; and b) approve to provide for parity among work groups, approval to extend the same negotiated provisions to all non-bargaining employees under the jurisdiction of the Board of County Commissioners.
BUDGETED ACTION: Any costs associated with implementation of the terms and conditions of the new Bargaining Agreement are budgeted within respective departments' operating budgets.
   
 N.Human Services
(1)RECOMMENDED ACTION: Adopt a resolution approving a Lease Agreement for the Center for Abuse and Rape Emergencies, Inc., (CARE) to occupy space at the Family Services Center; and approve a three-year lease agreement between Charlotte County and the Center for Abuse and Rape Emergencies for office space at the Family Services Center.  Approval of CARE as a tenant agency will create revenue for one of our vacant offices.
BUDGETED ACTION: This item is budgeted in revenue account 0001.610209.347.503.0000 Rentals - Facilities.  The terms of the lease are for 123.75 square feet at $8 per square foot for a total of $990.00 per year.  Revenue will be collected in the General Fund - Family Services Center.
   
 P.Parks, Recreation & Cultural Resources
(1)RECOMMENDED ACTION: Approve and authorize the Chairman to sign the amendment to Contract No. 13562 dated May 13, 2008, to provide assistance to staff in the restoration of our pine flatwoods through timber thinning practices.  The Agreement allows the County to utilize the Division of Forestry's expertise and resources and also ensures that the DOF will locate appropriate timber companies that will purchase timber from the County as opposed to the County paying a contractor to cut and remove trees.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Adopt a resolution approving an Agreement between the City of Punta Gorda and Charlotte County for the County to maintain improvements which lie within the untraveled right-of-way of Taylor Street and Retta Esplanade.
BUDGETED ACTION: Budgeted within the Charlotte Harbor Event and Conference Center operating budget.
   
 Q.Public Safety
(1)RECOMMENDED ACTION: Approve resolution adopting the Debris Management Plan for Charlotte County.
BUDGETED ACTION: None
   
 R.Public Works
 ( )No Items
 S.Tourism Development
 ( )No Items
 T.Utilities
(1)RECOMMENDED ACTION: Approve the request for the Chairman to sign the Florida Department of Environmental Protection (FDEP) Consent Order approving a settlement for a violation of Rule 62-550.350(6), FAC, to maintain a minimum disinfectant level of 0.6 mg/L Total Chlorine at all times.
BUDGETED ACTION: Capital improvements to waterways and watermains are budgeted in various CIP projects. Penalty will be paid from Other Current Charges and Obligations.  Funding for the capital improvements comes from Connection Fees and Renewal and Replacement Fund. The Penalty funding comes from Operation and Maintenance Fund.
   
 U.Other Agencies
 ( )No Items
 
V. REGULAR AGENDA
 Z.Regular Agenda
(1)RECOMMENDED ACTION: a) Approve award of Request for Proposal #08-273, On-Site Medical Services, to CareHere; and b) Authorize Chairman to sign the contract.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: a) Consider allocation of $40,000 to the Boys and Girls Club of Charlotte County to pay for operations; and b) Approve budget transfer # 09-001 for $40,000 to cover operations cost.
BUDGETED ACTION: Approve budget transfer # 09-001 for $40,000 to cover operations cost.  Funds to cover this budget transfer will come from the General Fund Reserves.
   
(3)RECOMMENDED ACTION: 2009 Sales Tax Extension project status update presentation will provide an overview of the 2009 Sales Tax projects and schedules:  Edgewater Boulevard - Phase II; Midway Boulevard - Phases I, II, III; Burnt Store Road - Phase III; Placida Road; and, Sidewalks.

BUDGETED ACTION: None.  It is estimated that the County will collect $108 million over 6 years, at a projected $18 million per year.
   
(4)RECOMMENDED ACTION:

Board discussion and direction regarding Mosaic's complaint seeking enforcement of Public Records Act, Circuit Court Case No. 08-5069CA and proposed settlement.


BUDGETED ACTION: None
   
 
VI. PUBLIC HEARING AGENDA
10:00 A.M. 
(1)RECOMMENDED ACTION: Consider adopting an ordinance updating the Capital Improvements Program for FY2008/2009 through FY2012/2013.
BUDGETED ACTION: Adopted FY 2008/2009 total CIP Budget is $359,261,000.
   
(2)RECOMMENDED ACTION: Consider approving an ordinance changing the method of enforcing the lot maintenance standards for more timely enforcement.
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, October 28, 2008, at 10:00 a.m., or as soon thereafter, Public Hearings - Ordinance updating Five Year Capital Improvements Program; & 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 (pending approval October 28th)
 
Tuesday, November 18, 2008, 9:00 a.m. – CANCELED - Board of County Commissioners Land Use Public Hearings, Administration Building, Room #119 (pending approval October 28th)
 
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
 
Tuesday, December 16, 2008, 2:00 p.m. - BCC Joint Meeting Planning and Zoning Board, 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
   
(5)SUMMARY:
BUDGETED ACTION: This item is budgeted in the Health Insurance Fund.
RECOMMENDED ACTION: a) Award Request for Proposal #08-359, Fully Insured/Self Insured Medical, Fully Insured Dental, Fully Insured Vision, Life, Short-Term and Long-Term Disability Insurance, to CIGNA for all segments, with the exception of Vision, commencing January 1, 2009 for the terms as listed below; and b) Award the Vision portion to Humana/Compbenefits for the period January 1, 2009 up to and including December 31, 2010.
   
(4)SUMMARY:
BUDGETED ACTION: None
RECOMMENDED ACTION:

Board discussion and direction regarding Mosaic's complaint seeking enforcement of Public Records Act, Circuit Court Case No. 08-5069CA and proposed settlement.