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
3/10/2009 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
Reverend Bill Klossner
Congregational United Church of Christ
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 
American Red Cross Month
David Scott - Arts and Humanities Council Artist of the Month
Senior Games Week
Simulated Emergency Test Day
Employee Recognition 
5 Years
Elizabeth Drew                     Human Services
Catherine Edwards               Parks, Recreation & Cultural Resources
Shonna Jenkins                     Building Construction Services
Thomas Mason                     Parks, Recreation & Cultural Resources
Cynthia McSwain                  Human Services
Conroy Williams                   Utilities
10 Years
David Milligan                      Parks, Recreation & Cultural Resources
Martin Simone                      Public Works
Mary Anderson                    Public Works  
15 Years
Brian Bredfeldt                      Building Construction Services
Bryon Catlin                          Information Technology
Teri Salomon                         Facilities  
20 Years
Barry DeMello                      Public Works
Richard Weingarten               Human Services   
Not Attending
Thomas Bowman             15 Years          Fire/EMS
Scott Humphreville           15 Years          Fire/EMS
Howard Hartfelder           15 Years          Fire/EMS
Kenneth Coblentz             15 Years          Fire/EMS
Jeffrey Ehle                       20 Years          Fire/EMS
 
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 three volunteers who are residents and electors of the County.  All three are needed to represent the "environmental expertise" category.  One position is to finish an unexpired term which is effective immediately and shall expire Jan. 23, 2010.  The other two are regular terms effective immediately and shall expire in 2012.
Grove City Advisory Board is seeking five members to serve on the committee.  Must reside in or own property within the boundaries of the Grove City Community planning area.  Terms are for three years.  One member to represent the commercial interests of Grove City, one  member to represent a professional in architecture, engineering, landscape architecture, planning or similar, three members at large (preference given to commercial representative with an existing commercial business and multi-family representative with existing residences within the community.)
 
Manasota/Sandpiper Key Advisory Committee - is seeking one volunteer to finish an unexpired term, effective immediately, expiring January 9, 2010.  Must be a full time resident on the Charlotte County portion of Manasota or Sandpiper Key representing multi-family and tourist interests.
 
Northwest Port Charlotte Street and Drainage Unit Advisory Committee is seeking one member to serve as the alternate on this committee for a two year term.
South Burnt Store Street & Drainage Advisory Committee - is seeking a volunteer as the alternate.  This is a two year term, effective immediately and shall expire in 2011.
 
III. REPORTS RECEIVED AND FILED
 
 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: December 12, 2008, 9:00 a.m., Joint Meeting with City of Punta Gorda
December 12, 2008, 1:30 p.m., Performance Budgeting Workshop
December 16, 2008, 9:00 a.m.,  BCC Regular and Land Use Public Hearings
BUDGETED ACTION: None
   
 Board of County Commissioners
 C.Commission Office
(1)RECOMMENDED ACTION: Reappoint of Bill Schmitz to the Alligator Creek Waterway Advisory Committee for a three year term.  Mr. Schmitz is a current member and wishes to continue serving. 
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Reappoint Catherine Miller to the Greater Port Charlotte Street and Drainage Unit Advisory Committee and appoint Mrs. Stephanie McCartney King as a regular member.  She is currently serving as the alternate and wishes to fill the recently vacated position.  Also, approve the appointment of David "Skip" Harshman as the alternate on the committee.  Terms are for three years.
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION:

Reappoint members to the Northwest Port Charlotte Street and Drainage Unit Advisory Committee, as follows:  Mr. Paul Pilch, Ms. Deborah Manna and Mr. David Rubin as regular members for three year terms.


BUDGETED ACTION: None
   
(4)RECOMMENDED ACTION: Appoint Margaret (Peg) Varga as a regular member to the South Burnt Store Street & Drainage Advisory Committee.  This is a three year term effective immediately and shall expire March 10, 2012.
BUDGETED ACTION: None
   
(5)RECOMMENDED ACTION: Approve strategic focus areas and goals established by the Board of County Commissioners on February 20, 2009.
BUDGETED ACTION: None
   
 D.Administration
(1)RECOMMENDED ACTION: Appoint Robert T. Halfhill to the position of Public Works Director.
BUDGETED ACTION: If approved, the funds will come from the Transportation Trust Fund.
   
 E.County Attorney
(1)RECOMMENDED ACTION: Set an Executive Session for March 10, 2009 at 2:30 p.m., 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 transfer 09-006 in the amount of $17,700 to cover the foreclosure filing fees for FY08/09 for Disaster Relief Community Development Block Grant (CDBG) subsidized properties.
BUDGETED ACTION: Approve budget transfer 09-006 in the amount of $17,700.
   
  Fiscal Services
 ( )No Items
  Information Technology
 ( )No Items
  Purchasing
(1)RECOMMENDED ACTION: Approve Change Order #3 to Contract 09-059, Paving Program FY 08-09, with Better Roads, Inc. in the amount of $821,852.09, with an additional 30 calendar days to the contract term.
BUDGETED ACTION:

None.

   
(2)RECOMMENDED ACTION: Approve Phase II to File #09-022, Economic Development Consulting Services with PharmaBioSource, Inc., for a not to exceed fee of $125,000, to perform consulting services for the Economic Development Office.
BUDGETED ACTION:

None

   
(3)RECOMMENDED ACTION: a) Approve Novation for Contract #06-002, Professional Services Library, and Contract #08-007, Engineers of Record-CCU from current vendor Boyle Engineering Corp. to AECOM USA, Inc.; and
b) Authorize Chairman to sign the Novation.
BUDGETED ACTION:

None

   
(4)RECOMMENDED ACTION:

Approve deletion of the property inventory items listed on the attached for the month of March, 2009. 


BUDGETED ACTION: None
   
  Real Estate Services
(1)RECOMMENDED ACTION: Approve and ratify a Resolution accepting an Agreement between Rotonda Golf Partners LLC and Charlotte County (as owner and operator of Charlotte County Utilities) for the grant of an utility easement; and the release of a 25’ wide Utility Easement located in Cape Haze Windward and further authorizing the Senior Division Manager, Real Estate Services Division to prepare and execute the County Deed releasing said 25’ wide utility easement.
BUDGETED ACTION: None
   
 G.Building Construction Services
 ( )No Items
 H.Economic Development
(1)RECOMMENDED ACTION: Approve an Ordinance and amended Resolution, as recommended by the Charlotte Charlotte Industrial Development Authority (IDA), expanding the IDA's board of directors membership to include two (2) at-large members. Also, to affirm the nomination of Scott Cameron/Pulsafeeder as the representative for a Manufacture and the nominations of Michael Grant and Rob Humpel for at-large members of the Authority's board.
BUDGETED ACTION: None
   
 J.Environmental Services
 ( )No Items
 K.Facilities Construction and Maintenance
 ( )No Items
 L.Growth Management
(1)RECOMMENDED ACTION: Set two (2) Public Hearing dates for a) March 24th, 2009, at 10:00 a.m. or as soon thereafter as may be heard; and
b) April 14th, 2009,  at 5:30 p.m., or as soon thereafter as may be heard, to consider approving a Developer's Agreement between Punta Gorda of Charlotte County, LLC, a Florida limited liability company, and Charlotte County, a political subdivision of the State of Florida, as authorized under the "Florida Local Government Development Agreement Act," Sections 163.3220 – 163.3243, Florida Statutes.
BUDGETED ACTION: None
   
 M.Human Resources
(1)RECOMMENDED ACTION: Approve Amendment 1 to Collective Bargaining Agreement with Local 2546 of the International Association of Firefighters, AFL-CIO, for FY 2007-2010.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Approve a) Addition of  newly acquired buildings and property to the County's insurance policy; and
b) Authorize County Administrator or his designee to sign for future additions and deletions to the policy.
BUDGETED ACTION: If approved, any additional premiums will be paid from the Self Insurance Fund.
   
 N.Human Services
 ( )No Items
 P.Parks, Recreation & Cultural Resources
 ( )No Items
 Q.Public Safety
 ( )No Items
 R.Public Works
(1)RECOMMENDED ACTION: Approve a Local Agency Program (LAP) Supplemental Agreement with the Florida Department of Transportation (FDOT), and approve a Resolution authorizing the Chair to sign the LAP agreement, for the Aqui Esta Drive Roadway Improvements from US 41 to Bal Harbor 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: 1 a) Approve Amendment #2 to Contract #06-056, Design-Charlotte County Jail Expansion, with Strollo Architects, in the amount of  $376,050 for a total revised Contract Amount of $3,450,420.11;  and
b) Authorize Chairman to sign the Amendment; 

2 a) Approve Amendment #3 to Contract #07-011, Jail Expansion - Construction Manager at Risk, with Bovis Lend Lease, Inc. in the amount of $993,619 for a total revised contract amount of $35,387,917.45; 
b) Authorize the Chairman to sign the Amendment.

3 a) Authorize the extension to contract #07-011, Jail Expansion - Construction Manager at Risk to extend the contracted schedule completion date to March 24, 2010; and
b) Authorize the Chairman to sign the Amendment.
BUDGETED ACTION:

None

   
(2)RECOMMENDED ACTION:

Update the Board on the progress of the Green Building Ordinance.


BUDGETED ACTION:

None

   
(3)RECOMMENDED ACTION: Discussion and possible reconsideration of the termination of the annual contract for demolition of structures.  This action was approved by Board at the February 10, 2009 Murdock Village Workshop.
BUDGETED ACTION: None
   
(4)RECOMMENDED ACTION: Discussion with the Board of County Commissioners on the development of guidelines for MSBUs.
BUDGETED ACTION: None
   
(5)RECOMMENDED ACTION:

Appoint Mr. Phil Eason to the Manasota / Sandpiper Key Advisory Committee to fill the unexpired term recently vacated by Steve Stump. The term will expire January 9, 2010.


BUDGETED ACTION: None
   
(6)RECOMMENDED ACTION: Set an Executive Session for March 10, 2009 at 2:30 p.m., 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
   
 
VI. PUBLIC HEARING AGENDA
10:00 A.M. 
(1)RECOMMENDED ACTION: a) Hold a public hearing on March 10, 2009 at 10:00 A.M. or shortly thereafter in Room #119, 18500 Murdock Circle, Port Charlotte, FL, to review the Summary of Program Purposes, restrictions and the proposed Strategies for the Neighborhood Stabilization Program in Charlotte County; and
b) Accept Public Comment regarding the proposed uses of the Neighborhood Stabilization Program in Charlotte County.
BUDGETED ACTION: No action at this time.  Until the grant is actually submitted by the Board and the grant awarded to the County no budget action is necessary.

   
 
VII. PRESENTATION AGENDA
9:00 A.M. 
(1)RECOMMENDED ACTION: Presentation by Peace River/Manasota Regional Water Supply Authority
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
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  

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
 
 ADDENDUMS
   
(1)SUMMARY:
BUDGETED ACTION: None
RECOMMENDED ACTION: Set an Executive Session for March 10, 2009 at 2:30 p.m., 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.
   
(2)SUMMARY:
BUDGETED ACTION:

None


RECOMMENDED ACTION: Approve Phase II to File #09-022, Economic Development Consulting Services with PharmaBioSource, Inc., for a not to exceed fee of $125,000, to perform consulting services for the Economic Development Office.
   
(1)SUMMARY:
BUDGETED ACTION:

None


RECOMMENDED ACTION: 1 a) Approve Amendment #2 to Contract #06-056, Design-Charlotte County Jail Expansion, with Strollo Architects, in the amount of  $376,050 for a total revised Contract Amount of $3,450,420.11;  and
b) Authorize Chairman to sign the Amendment; 

2 a) Approve Amendment #3 to Contract #07-011, Jail Expansion - Construction Manager at Risk, with Bovis Lend Lease, Inc. in the amount of $993,619 for a total revised contract amount of $35,387,917.45; 
b) Authorize the Chairman to sign the Amendment.

3 a) Authorize the extension to contract #07-011, Jail Expansion - Construction Manager at Risk to extend the contracted schedule completion date to March 24, 2010; and
b) Authorize the Chairman to sign the Amendment.
   
(5)SUMMARY:
BUDGETED ACTION:
RECOMMENDED ACTION:

Appoint Mr. Phil Eason to the Manasota / Sandpiper Key Advisory Committee to fill the unexpired term recently vacated by Steve Stump. The term will expire January 9, 2010.


   
(6)SUMMARY:
BUDGETED ACTION: None
RECOMMENDED ACTION: Set an Executive Session for March 10, 2009 at 2:30 p.m., 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.