| |  |
| | IV.
CONSENT AGENDA |
| | Clerk
of the Circuit Court |
| | A. | Finance
Division |
 | (1) | RECOMMENDED ACTION:
Approve Clerk's Finance Memoranda. BUDGETED ACTION:
None |
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|
| | B. | Minutes
Division |
 | (1) | RECOMMENDED ACTION:
08/26/08 9:00 AM BCC Regular 08/27/08 1:00 PM Executive Session – Edgewater 2000 cases 08/28/08 1:00 PM Executive Session – Sun River Utilities case 09/09/08 9:00 AM BCC Regular BUDGETED ACTION:
None |
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|
| | Board
of County Commissioners |
| | C. | Commission
Office |
 | (1) | RECOMMENDED ACTION:
Approve the appointment of Paul Holmes as the Little Gasparilla Property Owners Association representative on the Little Gasparilla Island Advisory Committee. Term will expire January 22, 2010. BUDGETED ACTION:
None |
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|
 | (2) | RECOMMENDED ACTION:
Approve the reappointment of Paula Hess to the Planning and Zoning Board representing District #2. Length of term - until October, 2012. BUDGETED ACTION:
None |
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|
 | (3) | RECOMMENDED ACTION:
Approve appointments of William Blackwell, Robin Leonard, Dennis McCulloch, Sharon White and Van Stockwell (as the alternate) to the Pirate Harbor Waterway Committee. Length of terms will be determined at their first meeting. BUDGETED ACTION:
None |
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|
 | (4) | RECOMMENDED ACTION:
Approve the reappointment Herb Eldredge and Melody Shinner to serve as regular members of the Edgewater North Waterway Advisory Committee. The terms are effective immediately and expire September 12, 2011. BUDGETED ACTION:
None |
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|
 | (5) | RECOMMENDED ACTION:
Approve the reappointment of Arthur Jozwiak as a regular member for an additional three (3) year term on the Gulf Cove Waterway Unit Advisory Committee. This term is effective immediately and expires June 27, 2011. BUDGETED ACTION:
None |
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|
 | (6) | RECOMMENDED ACTION:
Approve the reappointment of Granville L. Pennypacker as a regular member of the West Charlotte Stormwater Utility MSBU. He has been serving on this committee since 2005 and has requested reappointment. The new term shall expire on November, 13 2011. BUDGETED ACTION:
None |
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|
 | (7) | RECOMMENDED ACTION:
Approve the Surety Bonds for Commissioner Robert Starr, Commissioner Robert Skidmore and Commissioner Tricia Duffy. BUDGETED ACTION:
Bond Amount: $2,000.
|
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|
 | (8) | RECOMMENDED ACTION:
Approve the appointment of Gary Mastry to the Environmentally Sensitive Lands Oversight Committee representing the business/land development category. Length of term - until January 23, 2010. BUDGETED ACTION:
None |
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|
| | D. | Administration |
 | (1) | RECOMMENDED ACTION:
Approve cancellation of the December 23, 2008 Board of County Commissioners Regular meeting. BUDGETED ACTION:
None |
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|
 | (2) | RECOMMENDED ACTION:
Set a meeting on Monday, December 8, 2008, at 11:30 a.m. to 1:00 p.m., for Board of County Commissioners discussion with Congressman Tom Rooney at the Port Charlotte Beach Recreation Center. BUDGETED ACTION:
None |
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|
 | (3) | RECOMMENDED ACTION:
Approve the resolution authorizing the Chairman to sign and execute an Amendment to Lease Agreement between Florida State Representative Paige Kreegel and the Board of County Commissioners of Charlotte County, Florida. Mr. Kreegel occupied 1,340 square feet at 410 Taylor Street. BUDGETED ACTION:
None. Revenues will be collected in the General Fund - Facilities Management. |
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|
| | E. | County
Attorney |
 | (1) | RECOMMENDED ACTION:
Set an Executive Session for November 25, 2008 at 2:00 PM, or as soon thereafter as possible, in the County Attorney's Conference Room, to discuss the federal lawsuit captioned Rotonda Project, LLC v. Charlotte County; Adversary Case No. 9:08-ap-00253-ALP. BUDGETED ACTION:
None |
| | |
|
| | F. | Budget
and Administrative Services |
 | (1) | RECOMMENDED ACTION:
Approve budget amendment #09-A08 to recognized excess fees returned by Tax Collector, Property Appraiser, Sheriff and Supervisor of Elections for FY07/08.
BUDGETED ACTION:
Approve budget amendment #09-A08 for $5,697,750 to recognize excess fees returned by Tax Collector, Property Appraiser and Supervisor of Elections for FY07/08. These dollars are being recognized in the General Fund Reserve - Fiscal Stabilization. |
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|
 | (2) | RECOMMENDED ACTION:
Approve and authorize the BCC Chairman to sign a Resolution authorizing the borrowing of an amount not to exceed $2 million from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission in order to re-finance a loan previously made to finance various capital improvements within the County. BUDGETED ACTION:
Principal and interest payments are budgeted in FY09 in Road Improvements, the Pirate Harbor Waterway MSBU, and the Don Pedro Knight Island MSTU. |
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|
 | (3) | RECOMMENDED ACTION:
a) Approve budget transfer # 08-032 for $59,638 and budget amendment # 08-A072 for $59,638 to transfer dollars from the Tourist Development Fund to the General Fund to cover the Communications Service Tax that was used for the Stadium Debt Service payment; and b) Approve budget amendment #08-A071 to recognize actual revenues in the Stadium Debt Service Fund. BUDGETED ACTION:
Revenues for budget transfer #08-032 and budget amendment # 08-A072 is the first 3% of the Tourist Tax. Revenues for budget amendment #08-A071 consist of interest, interfund transfers (from Tourist Development Fund) and telecommunications revenues received in the Stadium Improvement Debt Service Fund. |
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|
| | | Fiscal Services |
| | ( ) | No Items |
| | | Information
Technology |
| | ( ) | No Items |
| | | Purchasing |
 | (1) | RECOMMENDED ACTION:
Approve Amendment #20 to Contract # 01-125, Sarasota-Charlotte County Beach Restoration Study, with Coastal Technology Corp., in the amount of $123,460 for post-storm surveys, damage assessment, FEMA coordination, and various professional services. BUDGETED ACTION:
The FY09 budget has $124,000 available for this change order in the Stump Pass Beach Renourishment MSTU/BU. |
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|
 | (2) | RECOMMENDED ACTION:
Approve Change Order #7 for additional professional services to Contract #99-126, Manchester Waterway Lock Removal Ecosystem Management Permitting, with EarthBalance in the amount of $87,150 for a total revised contract amount of $604,975, for additional professional services: Survey for the Flamingo, Como, Knox, and Christopher Waterways from Edgewater Drive north to El Jobean Road; and Construction surveys from Charlotte Harbor into Lewis Creek, Ackerman Waterway, and Manchester Waterway. BUDGETED ACTION:
The FY09 budget has $87,500 available for this change order in the Manchester Waterway MSBU fund. CIP project c390701, Manchester Waterway Maintenance Dredging. The project total is $550,000. Funds are supplied from the Manchester Waterway MSBU. |
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|
 | (3) | RECOMMENDED ACTION:
a) Approve award of the Request for Proposal #09-020, Surveying Services-Annual Contract, with the 3 top-ranked firms: WilsonMiller, Inc; DMK Associates, Inc.; and Johnson Engineering, Inc., from date of award up to and including September 30, 2009; and b) Authorize the Chairman to sign the Contracts; and c) Authorize the County Administrator to approve the renewal of two additional one-year terms, by mutual consent, at the same prices, terms and conditions. This proposal is to obtain the services from qualified surveying firms to supply on-going surveying services to Charlotte County for a defined period of time. BUDGETED ACTION:
Survey work will be charged to Gas Taxes or the MSBU/TU where the work is performed depending on the specific project. |
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|
 | (4) | RECOMMENDED ACTION:
a) Approve Amendment #6 to Contract #06-190, Project Management - Dredge Projects, with Coastal Engineering Consultants in the amount of $137,986.52; and b) Authorize Chairman to sign the Amendment to the Contract to cover changes for survey services, previous field work, line work, and construction/permitting plans. BUDGETED ACTION:
The FY09 budget contains funding for this Amendment in the various waterway MSBUs affected. The projects are; c390403 NW Port Charlotte WW Dredging, project total $600,000; c390705 Harbor Heights WW Maintenance Dredging, project total $1,090,000; c390706 Hayward Canal Maintenance Dredging, project total $457,000; c390702 Suncoast WW Maintenance Dredging, project total $726,000; c390707 South Bridge WW Maintenance Dredging, project total $927,000; c390603 Buena Vista WW Dredging, project total $686,000. |
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|
 | (5) | RECOMMENDED ACTION:
Approve Change Order #2 to Contract #07-235, Rotonda WRF Expansion, with Adams Robinson Enterprises, Inc., in the amount of $243,631.59 for a total revised Contract Amount of $18,542,385.24, along with revised completion dates as follows: Phase I - 10/27/08; and Phase II - 07/13/09, for various field changes, all materials, labor, equipment, and incidentals required to successfully complete the plant expansion at the facility. BUDGETED ACTION:
None, funding for this expenditure comes from Utilities Connection Fee Funds, in the Rotonda Waste Water Reclamation Facility Plant Expansion Project (#C350102). |
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|
 | (6) | RECOMMENDED ACTION:
Approve Change Order #4 to Contract #06-378, Beautification Mowing-Landscape Maintenance, with Veteran's Lawn Service of Port Charlotte, Florida, in the amount of $15,684, for a revised total amount of $247,063.39. This is an annual contract for the services of a professional, licensed, and qualified contractor(s) capable of performing beautification mowing and landscape maintenance of roadway rights-of-way, easements, drainage facilities, medians, identification signs, and treescaped streets. BUDGETED ACTION:
FY09 budget is available for this change order in the Transportation Trust Fund ($8,075), Rotonda West Streets and Drainage MSBU ($5,088), and the Placida Area Streets and Drainage MSBU ($2,521). Funds are supplied from Gas Taxes ($8,075), Rotonda West S & D MSBU($5,088) and Placida Area S & D MSBU ($2,521). |
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|
 | (7) | 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 to obtain the services of a qualified professional engineering consulting firm to provide Construction Engineering Inspection (CEI) Services during the construction phase of the Aqui Esta Drive Improvements project.
BUDGETED ACTION:
Budget of $1,000,000 for CEI services is in the FY09 Road Improvements Fund. CIP project c419301 Aqui Esta/US 41 to Bal Harbor. Project total is $11,666,000. |
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|
 | (8) | RECOMMENDED ACTION:
a) Approve Amendment #8 to Contract #07-008 Charlotte Sports Park Renovation & Expansion with Hunt/Mathews/Taylor for fencing in the not to exceed amount of $88,727; and b) Authorize the Chairman to sign the Amendment. BUDGETED ACTION:
Budgeted amount in FY 09 is $14,134,000 in CIP Project Charlotte Sports Park Stadium. Funding for this project comes from Debt Proceeds, Tourist Development Tax, Grants and The Tampa Rays. |
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|
| | | Real
Estate Services |
 | (1) | RECOMMENDED ACTION:
Approve the attached Resolution approving the release of a portion of a ten-foot (10’) wide utility and drainage easement located in Port Charlotte Subdivision, Section Thirty-Two, and further authorizing the Director of Real Estate Services to execute the County Deed releasing said portion of said easements (Owners: Abraham Binoy and Susan A Binoy, Co-Trustees of the Binoy Family Trust dated September 11, 2008) BUDGETED ACTION:
None |
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|
 | (2) | RECOMMENDED ACTION:
Approve a resolution to rescind Resolution 2006-157, that authorized the acquisition by any legal means of a portion of Lot 4, Block 1 of the El Jobean Garden Truck Farms Subdivision for road improvements. BUDGETED ACTION:
None |
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|
| | G. | Building Construction Services |
 | (1) | RECOMMENDED ACTION:
a) Approve and accept the Developer's Agreement and Letter of Credit Number SLC500487 issued by Northern Trust in the amount of $88,078.43 in the name of Brookwood Calusa Creek LLC for Final Plat Petition FP 05-04-06 - Calusa Creek subdivision and the Developer's Agreement and Letter of Credit Number SLC 500486 issued by Northern Trust in the amount of $56,423.13 for Final Plat Petition FP 07-02-05 - Calusa Creek Phase 1 subdivision in the name of Brookwood Calusa Creek LLC; and b) Approve release of surety document, # 0884570 drawn of Fidelity and Deposit Company of Maryland in the amount of $88,078.43 (FP 05-04-06) and surety document #104787177 drawn on Travelers Casualty and Insurance Company in the amount of $56,423.13 (FP 07-02-05) and posted by Beazer Homes for Calusa Creek and Calusa Creek Phase 1 subdivisions after recording of the new agreements and surety. BUDGETED ACTION:
None, fees paid for these final plat approvals will be posted to the Public Safety Fund in the Land Development Division of the Building Construction Services Department. |
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|
  | (2) | RECOMMENDED ACTION:
Set a Public Workshop for December 9th, at 2 p.m., to discuss further the implementation of a Green Building Ordinance and hear from subject matter experts on the topic. BUDGETED ACTION:
None |
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|
| | H. | Economic
Development |
| | ( ) | No Items |
| | J. | Environmental
Services |
 | (1) | RECOMMENDED ACTION:
Approve a Resolution adopting the Solid Waste Services for Lee County residents on Gasparilla Island that were adopted by the Lee County Board of County Commissioners. BUDGETED ACTION:
None |
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|
| | K. | Facilities
Construction and Maintenance |
| | ( ) | No Items |
| | L. | Growth Management |
| | ( ) | No Items |
| | M. | Human
Resources |
| | ( ) | No Items |
| | N. | Human
Services |
| | ( ) | No Items |
| | P. | Parks,
Recreation & Cultural Resources |
| | ( ) | No Items |
| | Q. | Public
Safety |
 | (1) | RECOMMENDED ACTION:
a) Approve the 2007-2010 State Homeland Security Grant Program (SHSGP) for HazMat Teams Agreement; and b) Approve Budget Amendment # 09-A07 in the amount of $52,473 to allocate the grant funds in the Fire Rescue budget.
BUDGETED ACTION:
Approval of Budget Amendment 09-A07: Revenue: 52,473 1195.000000.334.501.0000, g220901.500.502State Grant - Expense: 28,000 1195.232601.522.46.0031, g220901.330.22009, R/M-Equip 24,473 1195.232601.522.54.0003, g220901.330.22010, Education. No County match is required. Grant funds to be allocated in the FY08/09 Fire Rescue budget. |
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|
| | R. | Public
Works |
 | (1) | RECOMMENDED ACTION:
Set a Public Hearing for December 9, 2008, at 10:00 a.m., or as soon thereafter as may be heard, to consider approving an ordinance to add additional territory to the Northwest Port Charlotte Street and Drainage MSBU. BUDGETED ACTION:
Recording fees of approximately $44 are available in the Northwest Port Charlotte Streets and Drainage MSBU fund. |
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|
 | (2) | RECOMMENDED ACTION:
Approve a Resolution, authorizing the Chair of the Board of County Commissioners to sign a Joint Project Agreement with the Florida Department of Transportation (FDOT), and approve the Joint Project Agreement with FDOT to add left-turn lanes at Murdock Circle and US 41. Authorize the Chair of the Board of County Commissioners to execute the Agreement and any future documents necessary for the completion of the project. BUDGETED ACTION:
The FY09 budget contains County match dollars in the Road Improvements fund. CIP project c410744 US 41/Murdock Circle Intersection Improvements. The project match FY09 budget total is $14,000. Funding for the County match is from Gas Taxes. |
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|
 | (3) | RECOMMENDED ACTION:
a) Approve a Resolution accepting for maintenance portions of Westchester Boulevard and Oakview Drive as constructed by D.R. Horton, Inc.; and b) Approve a related Road Maintenance Agreement with D.R. Horton, Inc., for Westchester Boulevard and Oakview Drive; and c) Approve a related Right of Way Landscaping Agreement with River Club of Port Charlotte Homeowners Association for Oakview Drive. BUDGETED ACTION:
None for FY09. In FY10 these roads will be added to the Greater Port Charlotte Streets and Drainage MSBU. |
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|
| | S. | Tourism
Development |
| | ( ) | No Items |
| | T. | Utilities |
 | (1) | RECOMMENDED ACTION:
Approve an Encroachment Agreement for a proposed wall and landscaping to be located in Charlotte County Utilities' (CCU's) utility easement at a new development named Serendipity Villas, located on the corner of Luther Road and Tangerine Avenue, and authorize the Chairman to sign. BUDGETED ACTION:
None |
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|
 | (2) | RECOMMENDED ACTION:
Approve Cooperative Funding Applications between the Southwest Florida Water Management District (SWFWMD) and Charlotte County Utilities (CCU) for four projects, as required each year by SWFWMD, to (1) continue funding for projects approved in previous years and (2) begin funding for new projects. BUDGETED ACTION:
None |
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|
| | U. | Other Agencies |
| | ( ) | No Items |