Meeting Agenda

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 1/27/2009 9:00 AM 18500 Murdock Circle, Administration Center, Room #119
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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 Bill Wilson 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
	Brenda Avazier Day
	Carl Steve Drawdy Day
	Kids Weather Survival Week
	Laurence Burlew, Jr. Day
	Lemon Bay Fest: Englewood History with Zest!
	Mary Brumley Day
	Matt La Porta Day
	Russell Laughlin Day
	St. Charles Borromeo Council 5399 Tootsie Roll Drive Days
Employee Recognition
Award Presentations
	Recognition of one First Place Award and six Special Judges Awards received by the Communications & Marketing Department at the Florida Government Communicators Association 2008 Annual Awards.


	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:
	Ackerman Waterway Unit Advisory Committee - is seeking three members to serve on the committee. Must be a land owners and reside within the Ackerman Waterway district. Terms are for three years.
	Boca Grande Street and Drainage Advisory Committee - is seeking two members to serve on the committee. Must be land owners and reside within the unit. Terms are for three years.
	Environmentally Sensitive Lands Oversight Committee - is seeking one volunteer who is a resident and elector of Charlotte County. A volunteer is needed to represent the "community representative" category. Length of term: 3 years.
	Grove City Street and Drainage Unit Advisory Committee - is seeking one member to serve as the alternate. Must be a land owner and reside within the unit. Term is for two years.
	Gulf Cove Street and Drainage Advisory Committee - is seeking two members to serve. Must be residents and property owners of Gulf Cove. Appointees will fill unexpired terms.
	Northwest Port Charlotte Waterway Advisory Committee - is seeking one member to serve on the committee. Term is for three years. Must be a resident and property owner within the Northwest Port Charlotte Waterway MSBU.
	West Charlotte Stormwater Utility - is seeking one (1) volunteer to finish a vacated term; effective immediately and expiring July 25, 2009. Must be a land owner and reside within the unit.


	III. REPORTS RECEIVED AND FILED
	Minutes for the Special Meeting held by the Charlotte Harbor CRA Advisory Committee on January 6, 2009.
	Minutes from the January 9, 2009 Murdock Village Advisory Committee meeting.


	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: 10/21/08 9:00 AM Land Use Hearings 10/28/08 9:00 AM BCC Regular BUDGETED ACTION: None

	Board of County Commissioners
	C.	Commission Office
	(1)	RECOMMENDED ACTION: Appoint Scott Schermerhorn to the West Charlotte Stormwater Utililty Advisory Board. Mr. Schermerhorn meets qualifications to sit on this committee. This is a three year term that is effective immediately and expires July 25, 2011. BUDGETED ACTION: None

	(2)	RECOMMENDED ACTION: Appoint Scott Schermerhorn and re-appoint John Peszko to the Rotonda West Street and Drainage Advisory Board. Mr. Schermerhorn meets qualifications to sit on this committee as does Mr. Peszko who has been serving since 2007. These are both three year terms effective February 13, 2009, expiring February 13, 2012. BUDGETED ACTION: None

	(3)	RECOMMENDED ACTION: Approve reappointment of Shirlou Fisher to the Tropical Gulf Acres Street & Drainage Unit Advisory Board. Length of term is three years. BUDGETED ACTION: None

	(4)	RECOMMENDED ACTION: Approve the reappointments of Clarence Brosmer and Joe Giraldi to the South Gulf Cove Waterway Advisory Committee. Both members would like reappointment and terms are for three years. BUDGETED ACTION: None

	(5)	RECOMMENDED ACTION: Approve reappointment of Robert Shaffer, William Faris, and David Choken (alternate) to the Charlotte Ranchettes Street & Drainage Unit Advisory Board. Length of terms is 3 years. BUDGETED ACTION: None

	(6)	RECOMMENDED ACTION: Approve the reappointment of Patrick Randall to the Manchester Waterway Advisory Committee. Mr. Randall would like to continue serving on this committee for a three year term. BUDGETED ACTION: None

	(7)	RECOMMENDED ACTION: Approve the reappointments to the Construction Board of Adjustments and Appeals, Gregg Brown as Electrical Contractor and David Burnett as the Plumbing Contractor. Terms are for three years. BUDGETED ACTION: None

	(8)	RECOMMENDED ACTION: Appoint Keith Buechel to the Marine Advisory Committee as a representative from the Port Charlotte Yacht Club. Mr. Buechel will be assuming the term of David Rubin who resigned in December 2008. This term is effective immediately and shall expire December 31, 2009. BUDGETED ACTION: None

	(9)	RECOMMENDED ACTION: Approve a resolution permitting I.A.F.F. Local 2546 to conduct a Fill-the-Boot Drive to raise funds for the Muscular Dystrophy Association (MDA) along US Highway 41. BUDGETED ACTION: None

	(10)	RECOMMENDED ACTION: Approve appointment of Tony Janicki, Ph.D. to the Scientific Peer Review Panel and Board approval of Agreement for Participation on Scientific Review Panel. BUDGETED ACTION: None

	D.	Administration
	( )	No Items
	E.	County Attorney
	(1)	RECOMMENDED ACTION: Approve a Surety Bond for the Clerk of Court. BUDGETED ACTION: None

	(2)	RECOMMENDED ACTION: Motion to find all Bonds in compliance and in full effect at this time. BUDGETED ACTION: None

	F.	Budget and Administrative Services
	(1)	RECOMMENDED ACTION: Approve the public assistance federally funded and state funded subgrant agreement for Tropical Storm Fay. BUDGETED ACTION: None. Expenditures and matching revenues will be posted to various accounts. Expenditures and matching revenues will be posted to various accounts.

		Fiscal Services
	( )	No Items
		Information Technology
	( )	No Items
		Purchasing
	(1)	RECOMMENDED ACTION: a) Approve award Bid #09-031, Auto Body Repairs, in ascending order, to J & B Collision Consultants and Don Gasgarth's Charlotte County Ford, both of Port Charlotte, Florida, at the unit prices list below for the term from date of award up to and including December 31, 2009, with option to renew at the same prices, terms and conditions for two additional one-year terms, by mutual consent; and b) Authorize County Administrator to approve renewals. This is an annual contract for the services of multiple licensed and insured firms to provide repair services to miscellaneous damaged vehicles. BUDGETED ACTION: None.

	(2)	RECOMMENDED ACTION: a) Award Bid #09-114, Aerial Adulticide Services, (Primary Services) to the lowest responsive, responsible bidder, Vector Disease Control, Inc. (VDCI) of Dewitt, AR, at the cost of $ .82 and $1.55/per acre respectively and (Back-up Services) to the second lowest responsive, responsible bidder, Clarke Environmental Mosquito Management, Inc. of Kissimmee, Florida, at the cost of $ .93 and $1.63/per acre respectively, for the period from date of award through and including December 31, 2009; and b) Authorize the County Administrator to approve renewal options up to two additional one-year terms, at the same prices, terms and conditions, by mutual consent. This contract is to obtain the services of qualified Contractors (Primary and Back-up services) furnishing a Federal Aviation Administration (FAA) approved aircraft, equipped to provide annual aerial spray services for the control of adult mosquitoes. BUDGETED ACTION: None.

		Real Estate Services
	(1)	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 Seventy-Eight, and further authorizing the Director of Real Estate Services to execute the County Deed releasing said portion of said easement. (Owners: Larry G. and Judith A. McDonald) BUDGETED ACTION: None

	(2)	RECOMMENDED ACTION: Approve the attached Resolution authorizing the Chair of the Charlotte County Board of County Commissioners to approve the agreement for exchange of the County's interest in two platted lots for the interest in two privately owned platted lots owned by Charlotte County Habitat for Humanity Inc., located in Charlotte County, Florida. BUDGETED ACTION: None

	(3)	RECOMMENDED ACTION: Approve the Resolution authorizing the Chair to approve the proposed non-exclusive, ingress and egress access easement to Suncoast Humane Society over portions of the County's Oyster Creek Regional Park. BUDGETED ACTION: None

	(4)	RECOMMENDED ACTION: Approve the grant of two (2) temporary construction easements and one (1) permanent utility easement to the Peace River Manasota Regional Water Supply Authority on a County-owned parcel occupied by the Deep Creek Fire Station #12, bounded by Rampart Blvd., I-75 and Luther Road in Section 17, Township 40 South, Range 23 East. BUDGETED ACTION: None

	G.	Building Construction Services
	(1)	RECOMMENDED ACTION: Approve Amended Developer's Agreement for FP 04-05-10 - River Club Subdivision, transferring to Brookwood River Club II, LLC, extending agreement for two (2) years, and accepting reduced surety Letter of Credit #SLC500512 drawn on Northern Trust on behalf of Brookwood River Club II, LLC in the amount of $423,996.27. Approve release of original surety Bond No. 20BSDN3672 in the amount of $6,231,267.58 to D. R. Horton, Inc. (original developer). BUDGETED ACTION: None

	H.	Economic Development
	(1)	RECOMMENDED ACTION: Approve and execute the Economic Development Transportation Fund Application. BUDGETED ACTION: None.

	J.	Environmental Services
	( )	No Items
	K.	Facilities Construction and Maintenance
	(1)	RECOMMENDED ACTION: Approve a two (2) year lease with elected Congressman Thomas Rooney for office space at 226 Taylor Street, Punta Gorda, also known as the Charlotte County Historic Courthouse. BUDGETED ACTION: None, the monthly payment of $250 is budgeted into the revenues of Charlotte County Facilities.

	L.	Growth Management
	(1)	RECOMMENDED ACTION: Approve a resolution and accompanying covenant adopting a Certification of a Sending Zone, petition # CSZ-08-12-02, for Joe and Marjorie Bixby. BUDGETED ACTION: None

	M.	Human Resources
	( )	No Items
	N.	Human Services
	(1)	RECOMMENDED ACTION: Approve and Chair be granted the authority to sign the Medicaid Non-Emergency Transportation Contract (NEMT) with the Commission on the Transportation Disadvantaged. This action will continue Medicaid transportation funding at approximately the same rate that has been paid for the last two years. BUDGETED ACTION: None. The funding source for these revenues and expenditures is a grant through the Commission for the Transportation Disadvantaged and is budgeted for FY08/09 in the Transit Budget.

	P.	Parks, Recreation & Cultural Resources
	( )	No Items
	Q.	Public Safety
	( )	No Items
	R.	Public Works
	(1)	RECOMMENDED ACTION: Approve and authorize the Chair to sign, a Resolution and Settlement Agreement with the State of Florida Department of Transportation (FDOT) for the US 41 Charlotte Harbor Gateway - Landscaping Project. The Settlement Agreement will allow FDOT to reimburse the County in the amount of $257,862.59 for the design and construction of landscaping and irrigation projects located north of the Peace River Bridge to Melbourne Street on the west, median and east side of US 41. BUDGETED ACTION: None. Funding for this project was supplied from the Charlotte Harbor CRA. CIP project c190802, Charlotte Harbor Gateway. Project total is $13,358,000. Revenue to be reimbursed to the Charlotte Harbor CRA. The Settlement Agreement will allow FDOT to reimburse the County in the amount of $257,862.59 and revenue to be reimbursed to the Charlotte Harbor CRA.

	(2)	RECOMMENDED ACTION: Request the Board set a public hearing for February 10, 2009, at 10:00 a.m., or as soon thereafter as may be heard, to consider approving an ordinance amending the provisions of the Gulf Cove Street and Drainage MSBU. BUDGETED ACTION: None.

	S.	Tourism Development
	( )	No Items
	T.	Utilities
	(1)	RECOMMENDED ACTION: Approve a Resolution to borrow an amount not to exceed $8,000,000 from Bank of America to accomplish the expansion of the Burnt Store Reverse Osmosis Water Treatment Plant and Wells and the Reclaimed Water Expansion Project. BUDGETED ACTION: None.

	(2)	RECOMMENDED ACTION: Approve Agreement for Emergency Sale and Purchase of Water between Charlotte County and Gasparilla Island Water Association, Inc. (GIWA). This agreement will establish a mechanism for the transfer of water from one system to the other on an emergency basis for a twenty (20) year term. BUDGETED ACTION: None. Emergency sale or purchase of water revenue/expense are provided through the utilities O&M Fund.

	(3)	RECOMMENDED ACTION: Approve the use of the Englewood Water District (EWD) water interconnection to supply a portion of Charlotte County's water demand. Approximately 1.0 million gallons per day to be delivered to the County from EWD is being requested by the Peace River/Manasota Regional Water Supply Authority (Authority) facility on Kings Highway tentatively to begin on our about January 28, 2009 ending July 1, 2009. BUDGETED ACTION: Water delivered to CCU through the interconnection will be metered and billed by the EWD directly to the Authority under the govenment wholesale rate of $1.93/1,000 gallons. The Authority will in turn pay the EWD for all water used through the interconnection. The Authority will invoice CCU monthly, the current Base Rate Charge of $1.78/1,000 gallons and a variable water rate of $0.67/1,000 gallons for a total of $2.45/1,000 gallons.

	U.	Other Agencies
	( )	No Items


	V. REGULAR AGENDA
	Z.	Regular Agenda
	(1)	RECOMMENDED ACTION: Select by ballot one member to serve on the Buena Vista Area Waterway Committee. Term is for three years. BUDGETED ACTION: None

	(2)	RECOMMENDED ACTION: Choose by ballot one (1) person to serve as the Representative of the Gaspar Hideaway Subdivision and by a separate ballot, one (1) person to serve as the Member-at-Large on the Little Gasparilla Island Advisory Committee. These are two year terms effective immediately and expire January, 22, 2011. BUDGETED ACTION: None

	(3)	RECOMMENDED ACTION: Discuss and approve resolution granting all DRC approvals, and DRC approvals related to Planned Development rezonings obtained between January 1, 2007 and January 1, 2009 an extension of approval for a period of 2 years. BUDGETED ACTION: None. One-time extension fees have already been paid to the Public Safety Fund.

	(4)	RECOMMENDED ACTION: Provide Annual status update of Charlotte County Utilities Operations including a brief overview of current Water & Wastewater Projects. BUDGETED ACTION: None

	(5)	RECOMMENDED ACTION: Present to the BCC the final results of the Selected Competitive County Real Estate and Strategic Analysis. BUDGETED ACTION: None

	(6)	RECOMMENDED ACTION: Reschedule Goal Setting and Budget Workshop to discuss the upcoming budget process from February 5, 2009 to Friday, February 13, 2009 at 10:00 A.M. in Room #B-106. BUDGETED ACTION: None

	(7)	RECOMMENDED ACTION: a) Receive a presentation explaining the structure and origin of the Local Housing Assistance Plan (LHAP); and b) Adopt the Local Housing Assistance Plan. 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 prohibiting no vehicles over six wheels on sections of Harness Road, Master Drive, Brig Circle North and Brig Street in Charlotte County. BUDGETED ACTION: None.


	VII. PRESENTATION AGENDA


	VIII. PUBLIC WORKSHOP AGENDA
	Public input permitted.
2:00 P.M.
	(1)	RECOMMENDED ACTION: Discuss the proposed Green Building Ordinance and provide guidance regarding the incentives proposed in the draft ordinance. BUDGETED ACTION: None


	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, January 27, 2009, 10:00 a.m., or soon thereafter – Public Hearing, No Trucks over 6 Wheels Ordinance, Administration Building, Room #119 Tuesday, January 27, 2009, 2:00 p.m., Public Workshop, Green Building Ordinance, Administration Building, Room #119 Tuesday, February 10, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119 Tuesday, February 10, 2009, 2:00 p.m. – Workshop-Murdock Village/MVCRAAC, Administration Building , Room #119 Friday, February 13, 2009, 10:00 a.m. – Goals Setting & Budget Workshop – Upcoming Budget Process, Administration Building, 106-B CHANGED TO FEBRUARY 6, 2009, at 10:00 p.m., Room 106-B Monday, February 16, 2009 – All County Buildings closed for President’s Day Tuesday, February 17, 2009, 9:00 a.m. - Board of County Commissioners, Land Use Public Hearing, Administration Building, Room #119 Tuesday, February 24, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, 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, 1:30 p.m. - Budget Workshop, Administration Building, Room #119 Tuesday, March 17, 2009, 9:00 a.m. - Board of County Commissioners, Land Use Public Hearing, 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 Wednesday, March 25, 2009, 1:30 p.m. - Budget Workshop, Administration Building, Room #119 Monday, March 30, 2009, 1:30 p.m. - Budget Workshop, Administration Building, Room #119 Tuedsay, April 7, 2009, 1:30 p.m. - Budget Workshop, Administration Building, Room #119 Tuesday, April 14, 2009, 9:00 a.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, Land Use Public Hearing, 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 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, Land Use Public Hearing, Administration, Building, Room #119 Wednesday, May 20, 2009, 1:30 p.m. - Budget Workshop, Administration Building, Room #119 Tuesday, May 26, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119 Monday, May 25, 2009 – All County Buildings closed for Memorial Day 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



	ADDENDUMS


	(2)	SUMMARY: Added Charles O'Hara for the Member-at-Large ballot BUDGETED ACTION: None RECOMMENDED ACTION: Choose by ballot one (1) person to serve as the Representative of the Gaspar Hideaway Subdivision and by a separate ballot, one (1) person to serve as the Member-at-Large on the Little Gasparilla Island Advisory Committee. These are two year terms effective immediately and expire January, 22, 2011.

	(6)	SUMMARY: BUDGETED ACTION: None RECOMMENDED ACTION: Reschedule Goal Setting and Budget Workshop to discuss the upcoming budget process from February 5, 2009 to Friday, February 13, 2009 at 10:00 A.M. in Room #B-106.