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
8/11/2009 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 Sammie M. Brooks
Grace Presbyterian 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 
Arts and Humanities Council Artist of the Month - Carole Howes
Catherine Bouvier Day
Kathleen Johnston Day
Maggie Kain Day
Mary Webster Day
Smokey Bear Day
Employee Recognition 
5 Years
Debrah Forester                       Economic Development
Steven Parker                           Utilities
Manuel Soares                         Fire/EMS 
Daryl Womble                          Utilities
 
10 Years
William White                           Parks, Recreation & Cultural Resources
 
25 Years
Gregg Bala                               Building Construction Services
Linda Moore                            Growth Management
James Stillwagon II                   Fire/EMS
 
 
Not Attending
Christina Peters                          5 years           Budget & Administrative Services           
Juancarlos Cadenas                  10 years           Fire/EMS
David Stokes                            10 years           Fire/EMS
James Wilcox                           10 years           Fire/EMS
Sam Dreher                              15 years           Fire/EMS
Steve Sasher                            15 years           Fire/EMS
Kevin Benson                           20 years           Fire/EMS
Thomas Franz                           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:
Boca Grande Street & Drainage Advisory Committee is seeking one volunteer to finish a vacated unexpired term; effective immediately, shall expire Feb. 27, 2012.  Must own property and live within the unit.
Charter Review Commission  is seeking qualified volunteers for appointment to the Charter Review Commission. All interested parties who are qualified and desire to be considered for appointment should submit their request for consideration in writing, outlining their qualifications, along with a brief résumé of personal background and work history.  Letter/résumé must be received by August 14, 2009 and are to be mailed to: Janette S. Knowlton, Esq., County Attorney, 18500 Murdock Circle, Port Charlotte, FL  33948-1094. NOTE:  Applicants appointed shall be subject to appropriate laws and statutes concerning financial disclosure and the Florida Government-in-the-Sunshine Law.
Construction Industry Licensing Board is seeking a volunteer to represent the consumer advocate category.  Volunteer must be a resident of Charlotte County for at least two years and have no financial interest, direct or indirect, in the building trades.  Length of term:  4 years.
Punta Gorda Community Redevelopment Agency is seeking one member. Appointee must be a Charlotte County resident and shall serve for a four (4) year term. The purpose of the Agency is to implement the policies, projects and programs contained in the Punta Gorda Downtown Redevelopment Plan.
South Bridge Waterway Municipal Service Benefit Unit is seeking two volunteers; one shall serve a two year terms as a regular member and the other to serve a two year term as the alternate member.  Both must own property and live within the unit.

South Burnt Store Street & Drainage Advisory Committee is seeking two volunteers; one volunteer to serve a three year term as a regular member and one volunteer to serve a two year term as the alternate.  The regular term is for three years; the alternate term is for two years.  Must own property and live within the unit.

South Gulf Cove Street & Drainage is seeking one volunteer to fill the vacant alternate position on this committee.  Term is effective immediately and expires February 2011.  Must own property and live within the unit.
Town Estates Street & Drainage Unit Advisory Board is seeking two volunteers to serve three year terms as regular members and one volunteer to serve as the alternate member.  Terms are effective immediately.  Must be property owners and live within the unit.
West Charlotte Stormwater Utility is seeking one volunteer to serve a two year term as the alternate member, effective immediately, expiring 2011.
 
III. REPORTS RECEIVED AND FILED
 
 IV. CONSENT AGENDA
 Clerk of the Circuit Court
 A.Finance Division
(1)RECOMMENDED ACTION: Approve the Clerk's Finance Memorandum.
BUDGETED ACTION: None
   
 B.Minutes Division
(1)RECOMMENDED ACTION: April 21, 2009, 9:00 a.m., Regular Meeting            
April 22, 2009, 1:30 p.m., Budget Workshop

BUDGETED ACTION: None
   
 Board of County Commissioners
 C.Commission Office
 ( )No Items
 D.Administration
 ( )No Items
 E.County Attorney
 ( )No Items
 F.Budget and Administrative Services
 ( )No Items
  Fiscal Services
(1)RECOMMENDED ACTION:

Approve a) Authorization to submit an application to the Edward Byrne Memorial Justice Assistance Grant Program to apply for the Charlotte County allocation of $115,351 as in Attachments 1 - 4, with $92,551 going to the Sheriff, $12,800 going to the Punta Gorda Police Dept., and $10,000 going to Human Services;
b) Authorize the Chair to execute the necessary grant documents; and
c) Authorize staff to make any changes necessary to submit the grant.


BUDGETED ACTION: None.  This grant will be budgeted as part of the FY 2009-2010 budget.
   
  Information Technology
 ( )No Items
  Purchasing
(2)RECOMMENDED ACTION: Approve Change Order #3 to Contract #07-396, Fordham Waterway Bridge Replacement, with Engineer Control System Corporation (ECS) to increase the contract by the amount of $52,898.18, with a revised total contract of $951,962.06, with 25 additional calendar days to the contract term for the replacement of concrete structures on the US 41 Access Road at the Fordham Waterway.  


BUDGETED ACTION: The FY09 budget has funds available in the Road Improvement Fund, CIP project c410519, Fordham Waterway Bridge Replacement, project total is $1,175,000.
   
(3)RECOMMENDED ACTION: a) Approve Change Order #3 to Contract #08-400, Northwest Charlotte Maintenance Dredging, with MillMac Corporation, to increase the contract in the amount of $35,310.75 with a revised total contract of $398,394 and add 100 additional calendar days to the contract term.  
b) Approve CIP Amendment  #09-C09 in the amount of $35,311; and
c) Approve Budget Amendment  #09-A53 in the amount of $35,311.

BUDGETED ACTION: Approve CIP amendment no. 09-C09 and Budget amendment no. 09-A53 in the amount of $35,311. 
   
(4)RECOMMENDED ACTION: a) Approve ranking of firms for Request for Proposal #09-251, South Gulf Cove Parks Design:  1st David M Jones Jr & Associates located in Punta Gorda, FL; 2nd Southwest Engineering & Design located in Punta Gorda, FL, and 3rd WilsonMiller located in Port Charlotte, FL;
b) Approve start of negotiations; and
c) Authorize the Chairman to sign the contract after completion of negotiations.  This is for professional services for parks, environmental restoration, marine-related improvements, sidewalks and trails, and related ancillary improvements for the community of South Gulf Cove.

BUDGETED ACTION:

None.

   
(5)RECOMMENDED ACTION: a) Approve the ranking of firms for Request for Proposal #09-259, Construction/Geotechnical Testing Services:  1st - Allied Engineering & Testing, Inc., located in Punta Gorda, FL; 2nd - Universal Engineering Sciences located in Fort Myers, FL; and 3rd - Stantec Consulting Services located in Port Charlotte, FL; 
b) Approve start of negotiations; 
c) Authorize the Chair to sign the contracts after completion of negotiations; and
d) authorize the County Administrator to approve annual renewals.  This is an annual contract for construction/geotechnical testing firms to supply on-going construction/geotechnical testing services to Charlotte County.

BUDGETED ACTION:
None.
   
(6)RECOMMENDED ACTION: a) Award Bid #09-300, Reinforced Concrete Culvert Pipe - Elliptical, to the lowest responsive, responsible bidder, Rinker Materials Inc., Fort Myers, Fl. at the unit prices indicated on their bid form, with the contract period of October 1, 2009 through and including September 30, 2010, with an option to renew for two additional one-year terms at the same prices, terms and conditions, upon mutual consent; and
b) Authorize the County Administrator to approve renewal options for up to two additional one year terms, at the same prices, term and conditions, by mutual consent.

BUDGETED ACTION:

None

   
(7)RECOMMENDED ACTION: Approve deletion of the property inventory items on the attached list for the month of August, 2009.
BUDGETED ACTION: None
   
  Real Estate Services
 ( )No Items
 G.Building Construction Services
 ( )No Items
 H.Economic Development
 ( )No Items
 J.Environmental Services
(1)RECOMMENDED ACTION: Approve Budget Transfer 09-022 in the Mosquito Control Local budget to realign budget to expenses as required by Mosquito Control State Aid.
BUDGETED ACTION: Budget Transfer 09-022.  The Budget Transfer is to cover expenses for electricity and life/health insurance and reduce the budget for Aerial Adulticide.  The net change to the total Mosquito Control Budget is $0.
   
 K.Facilities Construction and Maintenance
 ( )No Items
 L.Growth Management
(1)RECOMMENDED ACTION: Approve the DRC-PD-05-04 Final Detail Plan Resolution permitting Dugan Porter to construct Serendipity Villas located at 25276 Tangerine Avenue.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Approve Final Plat petition #FP-09-02-03 for South Harbor Development, LLC.
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: Approve Petition #FP-09-03-04. Lemon Bay Partners, Ltd., along with all current property owners and Mortgage Holders within Placida Bay Estates, has applied for a Final Plat of Placida Bay Estates, First Replat. The site consists of 16 lots, as well as Tract A and Tract B. The site contains 33.67 acres, more or less, and is located on the southwest side of Placida Road, northeast of Placida Harbor, and southeast of Placida Harbour Condominiums, in Commission District III.  
BUDGETED ACTION: None
   
 M.Human Resources
 ( )No Items
 N.Human Services
(1)RECOMMENDED ACTION:

a)  Accept the Community Services Block Grant - 2009/2010 ARRA funds in the amount of $117, 543.
b)  Authorize the Board Chair to sign all required documents for grant and contract submission.
c)  Authorize the County Administrator or his designee to sign any additional documents, revisions, and contract amendments in the execution of the ARRA grant award.
 


BUDGETED ACTION:

The budget for the ARRA grant will be added to the County's Fiscal Year 2010 budget documents for BCC approval. 

   
(2)RECOMMENDED ACTION: a) Accept a two year grant award from the Office of Justice Programs in the amount of $199, 990 for an expanded Adult Drug Court Program;
b) Authorize the Human Services Director to sign the award;
c) Authorize the Commission Chair to sign a two year subcontract for this award with Charlotte Behavioral Health Care in the amount of $188,452 after review by the County Attorney.

BUDGETED ACTION:

The budget for the first grant year will be added to the County's Fiscal Year 2010 budget documents for BCC approval.

   
 P.Parks, Recreation & Cultural Resources
 ( )No Items
 Q.Public Safety
(1)RECOMMENDED ACTION: Approve a grant agreement between the State of Florida Division of Emergency Management and Charlotte County that provides $45,000 for Local Planning, Training and Exercises consistent with the Department of Homeland Security State Strategy guidelines.
BUDGETED ACTION: None required at this time. Emergency Management operating budget will be amended once notice of award is received.
   
 R.Public Works
(1)RECOMMENDED ACTION: Approve and authorize the Chair to sign the Cooperative Funding Agreement between the Southwest Florida Water Management District (SWFWMD) and the County for Implementation of Best Management Practices in the Charlotte Harbor Redevelopment Area Watershed.
BUDGETED ACTION:

None

   
(2)RECOMMENDED ACTION: Set a public hearing for August 25, 2009, at 10:00 a.m., or as soon thereafter as may be heard, to consider approving an ordinance to change the speed limit from 45 mph to 40 mph on Rotonda West Boulevard from Boundary Boulevard to Parade Circle; and, set the speed limit at 40 mph on Rotonda North Boulevard from Boundary Boulevard to Parade Circle to provide for consistent speed limits on the major collector roadways in the area.
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 one person to serve on the Murdock Village Community Redevelopment Agency Advisory Committee as the representative of the "banking and finance sector" or the "appraisal sector" (position approved at the June 6, 2009 BCC meeting).
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION:
Approve the preparation and submittal of an application for American Recovery and Reinvestment Act (ARRA) Transportation and Investment Generating Economic Recovery (TIGER) Discretionary Grant Funding by the Charlotte Harbor Community Redevelopment Agency for the Charlotte Harbor Community Redevelopment Area Harbor Walk project and authorize the Chairman to sign the necessary documentation.  

BUDGETED ACTION:

The grant application is estimated at $5.1 million.  There is no match required.

   
(3)RECOMMENDED ACTION: Approve the preparation and submittal of an application for American Recovery and Reinvestment Act (ARRA) Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant Funding for the Southwest Florida Intermodal and Logistics Center and authorize the Chairman to sign the necessary documentation.
BUDGETED ACTION:

The grant application is estimated at $27 million.  No match is required.

   
(4)RECOMMENDED ACTION: Discussion and direction on a pilot fixed route bus service.
BUDGETED ACTION: None.  Funds for Transit operations are included in the 2009-2010 County budget.  No new funds are requested from this action. 
   
(5)RECOMMENDED ACTION:

Discussion and direction regarding demolition of the "Beriut Building."


BUDGETED ACTION: None
   
(6)RECOMMENDED ACTION: a) Award Request for Proposal No. 09-220, Charlotte County Fire Rescue / EMS Medical Director, to Dr. Daniel V. O'Leary, MD; 
b) Authorize negotiations; 
c) Authorize the Chairman to sign the Contract; and d) Terminate Contract #03-129 with Dr. Raymond A. James, D.O., P.L., per the contract provisions of a 90-day notification.
Funding is provided in the Emergency Medical Services (EMS) budget. FY09/10 Budget is $46,940.

BUDGETED ACTION: None
   
(7)RECOMMENDED ACTION: Discuss the proposed First Amendment to the Water Sale and Storage Agreement between Peace River/Manasota Regional Water Supply Authority, Sarasota County and Charlotte County.
BUDGETED ACTION: None
   
 
VI. PUBLIC HEARING AGENDA
10:00 A.M. 
(1)RECOMMENDED ACTION:

Conduct a public hearing to consider approving a Recovery Zone Designation Ordinance for Charlotte County.


BUDGETED ACTION: None
   
 
VII. PRESENTATION AGENDA
 
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, August 18, 2009, 9:00 a.m. - Board of County Commissioners Land Use Meeting, Administration Building, Room #119 
  
Tuesday, August 25, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119 
  
Friday, September 4, 2009, 9:00 a.m. – Public Pre-Agenda [due to Monday's holiday closing], Administration Building, Room #106-B 

Monday, September 7, 2009, All County Buildings Closed for Labor Day
 
         
Tuesday, September 8, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119 
  
Thursday, September 10, 2009, 5:01 p.m. – First Budget Public Hearing, Administration Building, Room #119 
  
 Tuesday, September 15, 2009, 9:00 a.m. - Board of County Commissioners Land Use Meeting, Administration Building, Room #119 
  
Tuesday, September 22, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119 
  
Thursday, September 24, 2009, 5:01 p.m. – Final Budget Public Hearing, Administration Building, Room #119 
 
Tuesday, October 13, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119 
 
Tuesday, October 20, 2009, 9:00 a.m. - Board of County Commissioners Land Use Meeting, Administration Building, Room #119 
 
Tuesday, October 27, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119 
 
Tuesday, November 10, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119 
 
Tuesday, November 17, 2009, 9:00 a.m. - Board of County Commissioners Land Use Meeting, Administration Building, Room #119 
 
Tuesday, November 24, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119 
 
Thursday & Friday, November 26th & 27th, 2009, All County Buildings Closed for Thanksgiving Holiday
        
Tuesday, December 8, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119 
 
Tuesday, December 15, 2009, 9:00 a.m. - Board of County Commissioners Land Use Meeting, Administration Building, Room #119 
  
Thursday & Friday, December 24th & 25th, 2009, All County Buildings Closed for Christmas Holiday
 
 
 ADDENDUMS
   
(5)SUMMARY:
BUDGETED ACTION:
RECOMMENDED ACTION:

Discussion and direction regarding demolition of the "Beriut Building."