COUNTY OF CHARLOTTE
Board of County Commissioners
18500 Murdock Circle
Port Charlotte, FL 33948
www.charlottecountyfl.com

County Commissioners
Tricia Duffy, District 5, Chairman
Richard Loftus, District 4, Vice-Chairman
Bob Starr, District 1
Adam Cummings, District 2
Robert Skidmore, District 3

County Administrator
Roger Baltz
County Attorney
Janette S. Knowlton
Clerk of the Circuit Court
Barbara T. Scott

AGENDA
Regular Meeting
2/24/2009 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
Pt. 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 

El Jobean Community Mini Cleanup Day

Great American Cleanup Day
Poppy Day

Tampa Bay Rays Day

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:
Environmentally Sensitive Lands Oversight Committee - is seeking two members with environmental expertise.  Volunteers must be residents and electors of the County.  Terms are for two years.
 
III. REPORTS RECEIVED AND FILED
Minutes of the Charlotte Harbor CRA Advisory Committee Meeting held on January 22, 2009.
 
 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:
11/25/08            9:00 AM            BCC Regular Meeting
11/25/08            3:00 PM            Executive Session on 
                                        Rotonda Project, LLC vs. Charlotte County
12/08/08          12:00 PM            Meet and Greet – Congressman Rooney
12/09/08            9:00 AM            BCC Regular Meeting
12/11/08            9:00 AM            BCC Retreat
BUDGETED ACTION: None
   
 Board of County Commissioners
 C.Commission Office
(1)RECOMMENDED ACTION: Approve the reappointment of Patricia Samuels as the alternate member on the Grove City Street and Drainage Unit Advisory Committee for a two year term.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Approve the reappointment of Jack Fawsett to the Northwest Port Charlotte Waterway Advisory Committee.  Mr. Fawsett meets all criteria and wishes to continue serving.  Term is for three years.
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: Approve the reappointments of Harold Wells and Lyman Randall to the Boca Grande Street and Drainage Unit Advisory Committee.  Terms are for three years.
BUDGETED ACTION: None
   
 D.Administration
 ( )No Items
 E.County Attorney
 ( )No Items
 F.Budget and Administrative Services
(1)RECOMMENDED ACTION: Approve the modification of the following FEMA Hazard Mitigation Contracts for wind retrofit and authorize the Chair of the Board of County Commissioners to sign four copies of each contract extending the completion date to either September 30, 2009 or October 31, 2009 for the following structures:
Fire/EMS Station #2, FEMA Project #1539-51-R
Fire/EMS Station #13, FEMA Project #1539-75-R
Medical Examiner's Facility, FEMA Project #1539-80
Fire/EMS Station #14, FEMA Project #1539-82-R
FIre/EMS Station #10, FEMA Project #1539-83-R
Fire/EMS Station #9, FEMA Project #1539-85-R

BUDGETED ACTION: Grant will reimburse the County for 75% of the total cost.  The match (25%) will be budgeted appropriate in the fund, i.e. General Fund, Fire Rescue Fund, Capital Projects Fund.  This grant was budgeted in a previous fiscal year and will be carried over to FY08/09. 
   
  Fiscal Services
 ( )No Items
  Information Technology
 ( )No Items
  Purchasing
(1)RECOMMENDED ACTION:

a) Approve award of Bid #09-084, Annual Contract for Contractor/Builder, to Gasparilla Construction, Inc., of Englewood, Florida.  Term of contract is to be from date of award through and including December 31, 2009; and b) Authorize the County Administrator to approve the renewal options for up to two additional one-year terms, at the same prices, terms, and conditions, by mutual consent.  This is an annual contract to provide the services of a contractor/builder to various County Departments and locations on an as needed basis.  Services include, but are not limited to, installation(s), repair(s) and/or maintenance.


BUDGETED ACTION:

None; budgeted in various cost centers.  Funding for this item comes from various sources.

   
(2)RECOMMENDED ACTION: Request the Board terminate Contract #06-369 Land Development Regulations, with Code Studio of Austin, Texas.

BUDGETED ACTION: None, funding is budgeted in the Zoning and Current Planning division of the growth management department.
   
(3)RECOMMENDED ACTION: Approve Amendment #21 to Contract #01-125, Sarasota-Charlotte County Beach Restoration Study with Coastal Technology Corp., in the amount of $252,103, to conduct the Sarasota-Charlotte County Beach Restoration Study.
BUDGETED ACTION:

None; funding is supplied by the Stump Pass Beach Renourishment Fund.

   
(4)RECOMMENDED ACTION:

a) Approve Amendment #3 to Contract #05-193, Engineering Services - Pirate Harbor Waterway, with Coastal Engineering Consultants in the amount of $12,380, for a revised total contract amount of $106,470; and
b) Authorize the Chairman to sign the Amendment.  This contract was for professional services in applying for separate standard general permits for dredging a 2,300-foot channel and removing rock in the Pirate Harbor Waterway System.


BUDGETED ACTION:

None, FY09 budget has funds available in the Pirate Harbor Waterway MSBU. CIP project c390504, Pirate Harbor Rock Ledge, project total is $728,000.  Funding is supplied from the Pirate Harbor Waterway MSBU.

   
(5)RECOMMENDED ACTION: Approve Change Order #2 to Contract #06-175, Tourist Website Redevelopment, with Miles Media, in the amount of $22,895.  This change is to update the www.charlotteharbortravel.com web site to improve usability of the site and introduce updated home page design and functionality. 
BUDGETED ACTION: None, funding for this expenditure is budgeted in the Tourist Development Trust Fund.
   
(6)RECOMMENDED ACTION: a) Approve Novation for Contract #07-401, 800 Mhz Rebanding Program from current vendor Qualicom Systems, Inc. to Mobile-One Communications & Electronics, Inc.; and b) approve Amendment #1 to Contract 07-401, 800 Mhz Rebanding Program reducing the Contract Amount from $98,200 to $77,941.69 and providing for direct payment from Nextel South Corp.; and c) Authorize the Chairman to sign the Amendment and Novation.
BUDGETED ACTION: None; funding is provided by Nextel South Corp. under the FCC Rebanding project and is budgeted in the Radio Communications Fund.
   
(7)RECOMMENDED ACTION: a) Approve ranking of firms for Request for Proposal #09-088, Water Control Structures - Design; 1st Johnson Engineering, Inc., 2nd Giffels-Webster Engineers, Inc. and 3rd Charlotte Engineering; and b) Approve start of negotiations; and c) Authorize the Chairman to sign the contract after completion of negotiations.  This is for professional engineering services for the design and permitting of four (4) water control structures in Greater Port Charlotte.
BUDGETED ACTION:

None, FY09 budget contains $300,000 for this work order in the Mid-Charlotte Stormwater MSBU. CIP project c390304 Greater Port Charlotte Drainage Control Structure Replacement, project total $35,720,000.  Funding is supplied from the Mid-Charlotte Stormwater MSBU.

   
(8)RECOMMENDED ACTION: a) Approve award Bid #09-165, Fiber Optic Infrastructure - Annual Contract, to Fiber Solutions of Ft. Myers at the unit prices listed on the attached bid form for the term from date of award up to and including December 31, 2009, with option to renew for two additional one-year terms, by mutual consent; and b) Authorize County Administrator to approve annual renewals.  This is an annual contract for the services of a licensed and insured Communications Contractor to provide installation, repair and maintenance of Charlotte County’s Fiber Optic Infrastructure System. 
BUDGETED ACTION: None, This item is budgeted in the Telco budget - General Fund.   
   
(9)RECOMMENDED ACTION: Approve Change Order #3 to Bid #08-008, Manchester Boat Lock Removal, awarded to Stemic Marine Construction, to add 90 days to the completion time, and increase the amount of the contract by $309,470 for a revised total cost of $1,061,033.37.  This project is for the removal of the dilapidated boat lock from the Manchester Waterway canal.  The Manchester Waterway Committee has requested this additional maintenance dredging of it's Northern Waterways to gain the cost benefit of not having to pay for an additional mobilization and the contractor has agreed to waive the trucking and spoil site rehabilitation costs.
BUDGETED ACTION:

None; FY09 budget has $327,000 available for this change order in the Manchester Waterway MSBU, project c390701, Manchester WW Maintenance Dredging, project total $550,000.  Funds are supplied from the Manchester Waterway MSBU.

   
  Real Estate Services
(1)RECOMMENDED ACTION: Approve the attached Resolution approving the release of portions of two ten-foot (10’) wide utility and drainage easements, located in Port Charlotte Subdivision, Section Forty-One, and further authorizing the Senior Division Manager, Real Estate Services Division, to execute the County Deed releasing said portions of said easements. (Owner:  Francisque Paulemon)
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Approve the Resolution and authorize the Chair to sign, establishing that the Director of Real Estate Services and the Real Estate Services Department, are now known as the Senior Division Manager and the Real Estate Services Division and are to be recognized as one and the same.
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: Approve the 11 attached Resolutions of Necessity authorizing the acquisition of real property and/or easement interests by any legal means for the Winchester Corridor South – Phase 3 project.
BUDGETED ACTION:

None

   
 G.Building Construction Services
(1)RECOMMENDED ACTION: Approve FP 08-07-03 - Final Plat for MCD Commons.
BUDGETED ACTION: None, all fees have been collected and posted to the Public Safety Fund in the appropriate division.
   
 H.Economic Development
(1)RECOMMENDED ACTION: Approve and authorize the Chair to execute the Addendum to the Economic Development Transportation Fund Application and any future addendums, as necessary, to process the Application for grant monies.  The original application was presented to the Board at its meeting on January 27, 2009. 
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Approve and execute Interlocal Agreement between the Board of Charlotte County Commissioners (BCC) and the Charlotte County Industrial Development Authority (IDA) to effect the initial transfer of Charlotte County Parcel 412311200002 from the BCC to the IDA; the IDA may then utilize the property as an incentive for attracting companies to Charlotte County.  
BUDGETED ACTION: None, deed recording costs associated with this transaction will be paid by the Charlotte County Industrial Development Authority.
   
 J.Environmental Services
 ( )No Items
 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
(1)RECOMMENDED ACTION: Approve a Resolution providing for the closing of Ester Street from Torrence Street eastward to Peasley Street, annually from March 1 through April 1. The proposed temporary closure of Ester Street from March 1 to April 1 each year will provide for designated minor league player parking.

BUDGETED ACTION: None
   
 Q.Public Safety
(1)RECOMMENDED ACTION: a) Approve the Frequency Reconfiguration Agreement with Nextel South Corp. that outlines the scope of work as required by the Federal Communications Commission (FCC) mandate; and b) Approve the Reconfiguration Implementation Phase Agreement with Motorola, Inc. for services provided for the reconfiguration; c) Authorize the Chairman to sign the two agreements; and d) Authorize Chief Dennis DiDio to sign off on the work completed by Motorola or any vendor regarding this project, to be paid for by Nextel South Corp.
BUDGETED ACTION: None at this time.  Funding is provided by Nextel South Corp.  Payment for services will be paid directly to vendors, upon sign off by Chief Dennis DiDio that the work is completed per the Agreements.  Charlotte County will be reimbursed for any costs incurred by the County related to the project. The estimated amount of reimbursement directly to Charlotte County is $341.009.33.
   
 R.Public Works
(1)RECOMMENDED ACTION:

Approve preliminary acceptance of a proposed entrance road into Charlotte County Airport Authority's Commerce Park.


BUDGETED ACTION: None; upon acceptance by the County this road will become part of the Punta Gorda Non-Urban Streets and Drainage MSBU and any future maintenance will be paid for from the MSBU.
   
(2)RECOMMENDED ACTION: Approve a Resolution authorizing the Chair to execute a Joint Project Agreement, and approve the Joint Project Agreement (JPA) with the Florida Department of Transportation (FDOT) for the design and installation of a traffic signal at the intersection of SR 776 and Flamingo Boulevard. 
BUDGETED ACTION:

None

   
 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, two regular members and one alternate to serve on the Gulf Cove Street and Drainage Unit Advisory Committee.  Appointees will fill unexpired terms of two members who resigned.  Terms will expire in 2010 - alternate will expire in 2011.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Due to a discrepancy in the prior ballot, reconsider the appointment made on January 27, 2009 and select by ballot, one member at large to serve on the Little Gasparilla Island Advisory Committee. 
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: Set the first of two Public Hearings for March 10, 2009, at 10:00 a.m., or soon thereafter as may be heard, for the Neighborhood Stabilization Program.  Set a final Public Hearing for the same program on March 24, 2009, or soon thereafter as may be heard.
BUDGETED ACTION: None
   
 
VI. PUBLIC HEARING AGENDA
10:00 A.M. 
(1)RECOMMENDED ACTION: Consider approving a Resolution to use the uniform method of collecting non ad-valorem assessments for the proposed Burnt Store Lakes Underground Electric MSBU.  
BUDGETED ACTION: None, if the project to place utilities underground proceeds, the project would be paid for with a loan to be paid back over 20 years from the Burnt Store Lakes Underground Electric MSBU.
   
(2)RECOMMENDED ACTION: Consider approving an ordinance to change the assessment methodology to equivalent residential unit (ERU) for the South Burnt Store Street and Drainage MSBU. 
BUDGETED ACTION: Recording fees of approximately $44 are available in the South Burnt Store Streets and Drainage MSBU fund.  Funding is from the South Burnt Store Street and Drainage MSBU.
   
(3)RECOMMENDED ACTION: Hold a Public Hearing to approve an Ordinance amending  Chapter 1-11, Article III, Parks and Recreation facility use regulation; by providing for revision of the hours of use; providing for revisions to the regulation of alcohol consumption; providing for conflict with other Ordinances; providing for severability; and providing for an effective date.
BUDGETED ACTION: None
   
 
VII. PRESENTATION AGENDA
9:00 A.M. 
(1)RECOMMENDED ACTION:

Presentation to provide the Board with an historical re-cap including current and future status of the Charlotte County Erosion Control Project (Stump Pass Dredging and Beach Renourishment).


 


BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Captain Earle Bretz, Major Kaletta, and Lt. Col. Edmond Smith will provide a short presentation to the Board of County Commissioners on a project that began in 2007 of aerial photographs taken of Charlotte County.  The complete collection of over thirty-three thousand pictures was given to Geographical Information Systems (GIS) Department.
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
Tricia Duffy, District 5, Chairman
Richard Loftus, District 4, Vice-Chairman
Bob Starr, District 1
Adam Cummings, District 2
Robert Skidmore, District 3

Schedule of Future Closures/Hearings/Workshops
Tuesday, February 24, 2009, 10:00 a.m., or soon thereafter – Public Hearings – Resolution for Burnt Store Lakes Underground Electric MSBU, Ordinance changing (ERU) for South Burnt Store Street and Drainage MSBU, & continuing Parks & Recreation Facility Use Regulations for a revision of hours of use, Administration Building, Room #119
 
Thursday, February 26, 2009, 10:00 a.m. – Public Workshop/BCC as ex-officio governing Board of Charlotte Harbor CRA & CHCRAA, Administration Building, Room #119
 
Tuesday, March 3, 2009, 1:30 p.m. – Budget Workshop, Administration Building, Room #119
 
Tuesday, March 10, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119
 
Friday, March 13, 2009, 9:00 a.m. – Joint Meeting/City of Punta Gorda & Charlotte County, Administration Building, Room #119
 
Friday, March 13, 2009, 1:30 p.m. – Budget Workshop, Administration Building, Room #119
 
Tuesday, March 17, 2009, 9:00 a.m. - Board of County Commissioners, Regular Board Meeting, Administration
Building, Room #119
 
Wednesday, March 18, 2009, 1:30 p.m. – Budget Workshop, Administration Building, Room #119
 
Friday, March 20, 2009, 1:30 p.m. – Budget Workshop, Administration Building, Room #119
 
Monday, March 23, 2009, 1:30 p.m. – Budget Workshop, Administration Building, Room #119
 
Tuesday, March 24, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119
 
Monday, March 30, 2009, 1:30 p.m. – Budget Workshop, Administration Building, Room #119
 
Tuesday, April 7, 2009, 1:30 p.m. – Budget Workshop, Administration Building, Room #119
 
Tuesday, April 14, 2009, 5:30 p.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119
 
Wednesday, April 15, 2009, 1:30 p.m. – Budget Workshop, Administration Building, Room #119
 
Friday, April 17, 2009, 1:30 p.m. – Budget Workshop, Administration Building, Room #119
 
Tuesday, April 21, 2009, 9:00 a.m. - Board of County Commissioners, Regular Board Meeting, Administration
Building, Room #119
 
Wednesday, April 22, 2009, 1:30 p.m. – Budget Workshop, Administration Building, Room #119
 
Friday, April 24, 2009, 1:30 p.m. – Budget Workshop, Administration Building, Room #119
 
Monday, April 27, 2009, 1:30 p.m. – Budget Workshop, Administration Building, Room #119
 
Tuesday, April 28, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119
 
Wednesday, April 29, 2009, 1:30 p.m. – Budget Workshop, Administration Building, Room #119
 
 
 ADDENDUMS
   
        

Tampa Bay Rays Day

(1)SUMMARY:

Select, by ballot, two (2) regular members and one (1) alternate to serve on the Gulf Cove Street and Drainage Unit Advisory Committee.  Appointees will fill unexpired terms of two members who resigned.  Terms will expire in 2010 - alternate will expire in 2011.


BUDGETED ACTION: None
RECOMMENDED ACTION: Select, by ballot, two regular members and one alternate to serve on the Gulf Cove Street and Drainage Unit Advisory Committee.  Appointees will fill unexpired terms of two members who resigned.  Terms will expire in 2010 - alternate will expire in 2011.
   
(2)SUMMARY:

Due to a discrepancy in the prior ballot, please reconsider the appointment made on January 27, 2009 and select by ballot, one member at large to serve on the Little Gasparilla Island Advisory Committee. 


BUDGETED ACTION: None
RECOMMENDED ACTION: Due to a discrepancy in the prior ballot, reconsider the appointment made on January 27, 2009 and select by ballot, one member at large to serve on the Little Gasparilla Island Advisory Committee. 
   
(3)SUMMARY:
BUDGETED ACTION: None
RECOMMENDED ACTION: Set the first of two Public Hearings for March 10, 2009, at 10:00 a.m., or soon thereafter as may be heard, for the Neighborhood Stabilization Program.  Set a final Public Hearing for the same program on March 24, 2009, or soon thereafter as may be heard.