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
4/28/2009 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, Fr. Tom Heck
St. Charles Borremeo 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 
Building Safety Week
National Drinking Water Week
Employee Recognition 
5 Years
Carl Baker                                           Public Works
Melisa Huntoon                                    Utilities
Jon Strickland                                       BCS    
Christopher Wagner                             Parks, Rec.& Cultural Res.
                                   
10 Years
Brian Barnes                                         Public Works
Daniel Carmean                                    Environmental & Extension
Inga Williams                                        Growth Management   
 
15 Years
Dennis Meadows                                  Facilities
Jason Ouimet                                        Public Works
 
20 Years
Richard Birtch                                      Facilities
Celso Milano                                        Public Works
Kenneth Robinson                                Public Works
 
Not Attending
Colleen Barbour                                   Public Works
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 Industry Licensing Board - is seeking one volunteer to represent the electricial contractor category.  Must be a resident of Charlotte County for at least two years and be a licensed electrical contractor.  Term expires March 2012
Englewood East Street and Drainage Unit Advisory Committee - is seeking two regular members to serve three year terms.  Must own property and reside within the unit.
Environmentally Sensitive Lands Oversight Committee - is seeking two volunteers who are residents and electors of the County to represent the "environmental expertise" category.  One term is for three years and other other expires in January 2010.
Grove City Advisory Board - is seeking one member to serve as the multi-family interest representative on this newly formed board.  Must reside or own property within the boundaries of the Grove City Community Planning area.  Term is for three years.

Placida Street and Drainage Unit Advisory Committee - is seeking one member to serve as the alternate for a two year term.  Must own property and reside within the unit

 
III. REPORTS RECEIVED AND FILED
County Investment Report, March 31, 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
 ( )No Items
 Board of County Commissioners
 C.Commission Office
(1)RECOMMENDED ACTION: Approve the appointment of Carl Johnson as the District #4 representative on the Parks & Recreation Advisory Board.  This appointment will fill the unexpired term of Paul Jones, who resigned.  Term expires in April 2011.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Approve the appointment of Helene Poglitsch to the Ackerman Waterway MSBU Advisory Committee to fill the vacant position.  Term will be decided at the first meeting.
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: Approve the reappointment of Willliam J. Dahms to the Placida Street and Drainage Advisory Committee.   Mr. Dahms wishes to continue serving in his capacity.  This term is effective immediately and will expire in April 2012.
BUDGETED ACTION: None
   
(4)RECOMMENDED ACTION: Approve the following appointments to the Grove City Advisory Board: Audrey Shinske and Nancy Christensen as members-at-large, Tim Krebs as the professional engineer representative, and Michael H. Metcalf as the commercial interest representative.  Terms are for three years.
BUDGETED ACTION: None
   
(5)RECOMMENDED ACTION: Appoint Daniel Gawenda to the Deep Creek Street & Drainage Unit Advisory Committee to finish the unexpired term created by the resignation of Rebecca Norton.  This term shall expire January 31, 2011.
BUDGETED ACTION:

None

   
(6)RECOMMENDED ACTION: Re-appoint Steve Johnson as a regular member and Mel Staudmyer as the alternate to the Harbour Heights Waterway Maintenance District Advisory Board.  Their terms expired April 10, 2009.  Mr. Johnson's term shall expire April 10, 2012 and Mr. Staudmyer's term shall expire April 10, 2011.
BUDGETED ACTION: None
   
(7)RECOMMENDED ACTION: Appoint Carey Beychok to finish the term of Ken Bonds (who resigned) as the Placida Beach Condo Association representative on the Little Gasparilla Island Committee.  This term shall expire January 22, 2010.
BUDGETED ACTION: None
   
 D.Administration
 ( )No Items
 E.County Attorney
 ( )No Items
 F.Budget and Administrative Services
(1)RECOMMENDED ACTION: Approve a resolution designating the Charlotte County Sheriff's Office (Sheriff) as a recipient of the Charlotte County Drug Abuse Trust Fund grant and awarding the amount of $64,250 from the Drug Abuse Trust Fund to the Sheriff.  Requesting line item transfer of $14,000 to increase the budgeted amount of $50,250 to $64,250.
BUDGETED ACTION: FY09 Amended Budget Amount of $72,675.  Funding is provided in the Drug Abuse Trust Fund.
   
  Fiscal Services
 ( )No Items
  Information Technology
 ( )No Items
  Purchasing
(1)RECOMMENDED ACTION: a) Approve award of Request for Proposal #09-143, Lease of Multifunctional Copier Machines - Annual with J.M. Todd, Inc. of Fort Myers, FL, at the monthly rates listed below and 35% discount from list price for optional features.  The awarded company will provide multifunctional copy machines for a lease period of 36 months. Term of the contract is from date of award up to and including September 30, 2013 with an option to renew for an additional two-year term; and
b) Authorize the County Administrator to approve the renewal option for an additional two-year term, by mutual consent.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Approve deletion of the property inventory items listed on the attached for the month of April, 2009.
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: a) Approve award of Bid # 09-188 Pesticides & Herbicides - Supply & Deliver, to the lowest responsive, responsible multiple bidders at the prices listed on the recommendation sheet and bid tabulation attached hereto; and b) Authorize the County Administrator to approve renewal options for up to two (2) additional one-year terms, at the same prices, terms and conditions, by mutual consent.  This is an annual contract to purchase insecticides and herbicides, to be utilized on an "as required" basis by the Environmental & Extension Services-Pest Management Division.

BUDGETED ACTION:

None.

   
(4)RECOMMENDED ACTION: Terminate the remaining elements associated with Contract #08-072, Fire Training Building-Design, with Thomas A. Huff Architect, Inc.
BUDGETED ACTION: None
   
(5)RECOMMENDED ACTION: Approve award of Bid #09-120, Stormwater Control Structure - Apollo Waterway/Chancellor Boulevard to the lowest, responsive, responsible bidder, Dave Foote Environmental Construction, Inc. of Lehigh Acres, FL in the amount of $385,474.37.  This project is for the installation of a stormwater control structure to include box culverts, end walls, wingwalls, roadway construction, guardrails and utility relocations on Chancellor Boulevard at the Apollo Waterway.


BUDGETED ACTION: The FY09 budget contains $600,000 for this structure in the Mid Charlotte Stormwater fund. CIP project c390304, Greater Port Charlotte Drainage Control Structure Replacement. The project total is $35,720,000.  Funding is supplied from the Mid Charlotte Stormwater MSBU.
   
  Real Estate Services
(1)RECOMMENDED ACTION: Approve the attached Resolution authorizing the Chair to execute the Agreement for Purchase and Sale of Real Property, described as Lot 587, Rotonda West Pine Valley Subdivision for the expansion and rehabilitation of an existing lift station.
BUDGETED ACTION: None, funding is provided in the Utilities Connection Fee Fund.
   
 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
 ( )No Items
 M.Human Resources
(1)RECOMMENDED ACTION: Approve a new layoff policy for Exempt and Non-Exempt Non-bargaining employees.  This policy eliminates and replaces Article 9, Sections 5 through 9, of the Employment Rules of Charlotte County.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Approve the offer of a voluntary Early Separation Incentive Program which allows employees to choose from three incentive options.  It is also requested that the Board authorize the County Administrator’s designee to execute the individual voluntary “Agreement and Release” with employees wishing to participate in the Early Separation Incentive Program and to sever employment as agreed.
BUDGETED ACTION: If approved, funding will be obtained from employees' home department accounts.  Savings will vary based on the level of employee participation, however, based on the results of the previous offering, first-year savings in excess of $500,000 is anticipated, with future years' savings in excess of one million dollars annually.  
   
(3)RECOMMENDED ACTION: Approval of elimination of 43 full-time and 6 part-time positions that are vacant but currently funded.  Elimination of these vacant positions will result in an annualized savings in excess of 2.4 million dollars in salaries and benefits impacting various funds.  Staffing levels will be reduced to a level between Fiscal Years 03/04 and 04/05.
BUDGETED ACTION: None.  Savings from these eliminated vacant positions will be realized in the following funds: Public Safety Fund, General Fund, Transportation Trust Fund , Environmental Lands Fund, Fire/Rescue Fund, Landfill Fund, Utility Systems-CCU Operating Fund, Vehicle Maintenance Fund
   
 N.Human Services
 ( )No Items
 P.Parks, Recreation & Cultural Resources
(1)RECOMMENDED ACTION: Set a Public Hearing for Tuesday May 12, 2009 at 10 a.m. adopting an ordinance amending Ordinance 86-61 allowing for Mobile Concessions at County Parks.  The current Ordinance prohibits such activity in the parks and therefore a change to the Ordinance is necessary.
BUDGETED ACTION: Budgeted Revenue $70,000, funding comes from concession revenue.  Funding comes from concession revenue.
   
 Q.Public Safety
 ( )No Items
 R.Public Works
(1)RECOMMENDED ACTION: Approve and authorize the Chair to sign Amendment 3 of the Florida Department of Environmental Protection (FDEP) Grant Agreement #07CH1 for Knight Island Monitoring for erosion control.
BUDGETED ACTION: The FY09 budget contains $300,000 for this agreement in CIP project c390901, Knight island Monitoring.  Funding for Charlotte County's match is supplied from the Stump Pass MSBU/TU.
   
(2)RECOMMENDED ACTION: Approve a Transportation Post-Project Maintenance Agreement (Agreement) with the Florida Department of Transportation (FDOT) through the American Recovery and Reinvestment Act of 2009 for federal participation in the Amberjack Cove bridge culvert replacement on Cape Haze Drive bridge, and approve a Resolution, authorizing the BCC Chair to execute the Agreement.
BUDGETED ACTION: None, maintenance of the new bridge will be from the Placida Streets and Drainage MSBU.
   
(3)RECOMMENDED ACTION: Approve and authorize the Chair to sign a Resolution and amended Settlement Agreement with Florida Department of Transportation (FDOT) for the US 41 Charlotte Harbor Gateway - Landscaping project. 
BUDGETED ACTION:

None.

   
(4)RECOMMENDED ACTION: Approve a Transportation Post Project Maintenance Agreement (Agreement) with the Florida Department of Transportation (FDOT) through the American Recovery and Reinvestment Act for 2009 for a local stimulus project: construction of a left-turn lane on Murdock Circle at US 41, and approve a Resolution authorizing the BCC Chair to execute the Agreement.
BUDGETED ACTION: Maintenance of Murdock Circle is budgeted in the Transportation Trust Fund.  Funding is supplied from Gas Taxes.
   
 S.Tourism Development
 ( )No Items
 T.Utilities
 ( )No Items
 U.Other Agencies
 ( )No Items
 
V. REGULAR AGENDA
 Z.Regular Agenda
(1)RECOMMENDED ACTION: Please choose by ballot one (1) person to serve a one year term on the Manasota/Sandpiper Key Advisory Committee.  This person shall represent commercial interests on this committee.  The term shall expire on April 28, 2010.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Adopt a resolution which accepts the Marine Advisory Committee (MAC) recommendations for West Coast Inland Navigation District (WCIND) and Boater Fund (BIF) expenditures for the 2009-2010 fiscal year in the amount of $1,215,000.
BUDGETED ACTION: Approve the revenues and expenditures for the WCIND and BIF funds as set forth in the proposed resolution.  There is no financial impact since these expenditures are funded by WCIND/BIF taxes and fees.
   
(3)RECOMMENDED ACTION: Adopt a resolution which accepts the Marine Advisory Committee (MAC) recommendations for West Coast Inland Navigation District (WCIND) and Boater Improvement Fund (BIF) expenditures for the 2008-2009 fiscal year in the amount of $424,718.
BUDGETED ACTION: Approve the revenues and expenditures for WCIND and BIF funds as set forth in the proposed resolution.  There is no financial impact since these expenditures are funded by WCIND/BIF taxes and fees.
   
(4)RECOMMENDED ACTION:

a) Approve the award of Bid #09-159  Grounds Maintenance - Annual Contract to the overall lowest responsive, responsible bidder, Excavation Etc., Inc. of Punta Gorda, Florida, as negotiated for a total cost of $104,835.44;  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 project is to secure the services of a qualified Contractor to care for and maintain the grounds of multiple County locations at a level acceptable to the County.


BUDGETED ACTION:

None

   
(5)RECOMMENDED ACTION: Approve Award File #09-042, Work Order #7, Contract #08-007, Potable Water Distribution Model - Update, of Jones Edmunds & Associates, Inc., of Tampa, Florida, in the total not-to-exceed amount of $219,190.  This Work Order is for services to be rendered in the calibration of pressures/flows of existing pipelines and update the Water Distribution System Model with new pipelines / appurtenances installed since 2004 and coming online in Central and West Charlotte County from the completion of new MSBU's and line extensions. 
BUDGETED ACTION:

None

   
 
VI. PUBLIC HEARING AGENDA
10:00 A.M. 
(1)RECOMMENDED ACTION: Request the Board conduct a public hearing at 10:00 a.m., or as soon thereafter as may be heard, to consider approving an Ordinance amending the speed limit on Veterans Boulevard from US 41 to Kings Highway.  The proposed speed limit is 45 mph from US 41 to Cochran Boulevard, 55 mph from Cochran Boulevard to Loveland Boulevard, 45 mph from Loveland Boulevard to .7 miles southeast and then 35 mph southeast to Kings Highway.
BUDGETED ACTION: The cost of approximately $1,500 to replace the speed limit signs is available in the Transportation Trust Fund.  Funding for new signs is supplied from Gast Taxes.
   
 
VII. PRESENTATION AGENDA
9:00 A.M. 
(1)RECOMMENDED ACTION: 2:00 P.M. Presentation - Updated status of the Babcock Water Use Permit.
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, April 28, 2009, 10:00 a.m., or soon thereafter – Public Hearings: Ordinance amending speed limit on Veterans Boulevard from US 41 to Kings Highway, Board Meeting, Administration Building, Room #119
 
Wednesday, April 29, 2009, 1:30 p.m. – Budget Workshop, Administration Building, Room #119
 
Monday, May 4, 2009, 2:00 p.m. - Joint Board Workshop Board of County Commissioners, City of Punta Gorda and School Board, Administration Building, Room #119

Tuesday, May 5, 2009, 10:00 a.m. – MSBU Workshop, Administration Building, Room #119  

Tuesday, May 5, 2009, 1:30 p.m. – Budget Workshop, Administration Building, Room #119  

Friday, May 8, 2009, 1:30 p.m. – Budget Workshop, Administration Building, Room #119  

Tuesday, May 12, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119  

Friday, May 15, 2009, 1:30 p.m. – Budget Workshop, Administration Building, Room #119  

Monday, May 18, 2009, 1:30 p.m. – Budget Workshop, Administration Building, Room #119  

Tuesday, May 19, 2009, 9:00 a.m. - Board of County Commissioners, Regular Board Meeting, Administration Building, Room #119  

Wednesday, May 20, 2009, 1:30 p.m. – Budget Workshop, Administration Building, Room #119  

Monday, May 25, 2009 – All County Buildings closed for Memorial Day  

Tuesday, May 26, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119  

Wednesday, May 27, 2009, 1:30 p.m. – Budget Workshop, Administration Building, Room #119  

Friday, May 29, 2009, 1:30 p.m. – Budget Workshop, Administration Building, Room #119

Tuesday, June 9, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119

Friday, June 12, 2009, 9:00 a.m. - Joint Meeting - Board of County Commissionter, and City of Punta Gorda, Administration Building, Room #119  

Tuesday, June 16, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119  

Tuesday, June 23, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119

Friday, June 26, 2009, 2:00 p.m. - Preliminary Budget Presentation, Administration Building, Room #119

Friday, July 3, 2009, All County Buildings closed for Independence Day

 
 ADDENDUMS
   
(2)SUMMARY: Employees shall have 45 calendar days (instead of 30) to condsider the offer, with the deadline being extended from June 1st to June 15th.  the separation date will remain at no later than September 1st.

Eligibility requirements are changed so as to provide as follows:  A. Eligigility:  Any employee who (1) is age 60 or is older, and has at least six (6) years of service with Charlotte County by the separation date or, (2) at any age, has at least 20 years of service with Charlotte County on or before the separation date.
BUDGETED ACTION: If approved, funding will be obtained from employees' home department accounts.  Savings will vary based on the level of employee participation, however, based on the results of the previous offering, first-year savings in excess of $500,000 is anticipated, with future years' savings in excess of one million dollars annually.  
RECOMMENDED ACTION: Approve the offer of a voluntary Early Separation Incentive Program which allows employees to choose from three incentive options.  It is also requested that the Board authorize the County Administrator’s designee to execute the individual voluntary “Agreement and Release” with employees wishing to participate in the Early Separation Incentive Program and to sever employment as agreed.
   
(1)SUMMARY:
BUDGETED ACTION: None
RECOMMENDED ACTION: Please choose by ballot one (1) person to serve a one year term on the Manasota/Sandpiper Key Advisory Committee.  This person shall represent commercial interests on this committee.  The term shall expire on April 28, 2010.