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
6/9/2009 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
Father Leo Smith
St. Charles Borromeo
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, Gary Bernardo
Race Unity Week
Ronald Beck Day
Rufus C. Lazzell Day
Senior Safe Driver Awareness Month
Employee Recognition 
5 Years
Lynette Auger                           Environmental & Extension Services
Linda Carr                                Budget & Administrative Services
Marcie Degiovine                     Public Works
Richard Matzko                        Utilities
Paul Schumaker                        Environmental & Extension Services
David Smith                              Public Works
Bill Wolter                                Budget & Administrative Services
 
15 Years
Martha (Marty) Burton             County Attorney
Victor Candelaria                     Utilities
 
20 Years
Joann Dillon                              Commission Office
Dee Hawkins                            Fire/EMS
John Lang                                 Public Works
Keith Prescott                          Public Works
 
Not Attending
Richard McLaughlin                    5 years           Utilities
Joseph Schubiger                      10 years           Building & Construction Services
Thomas Fitzgerald                    20 years           Fire/EMS
John Oddo                               20 years           Fire/EMS
Award Presentations 

Presentation from the Florida Fire Fighters Charities to Punta Gorda City Council and the Charlotte County Board of County Commissioners - Donation to pay the impact fees for Operation Cooper Street Recreation Center

 
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:
 
III. REPORTS RECEIVED AND FILED
Minutes of the May 8, 2009 Charlotte Harbor CRA Advisory Committee special meeting.
Minutes from the May 11, 2009 Murdock Village CRA 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
 ( )No Items
 Board of County Commissioners
 C.Commission Office
(1)RECOMMENDED ACTION: Appoint to the Construction Industry Licensing Board Carleton Strong, Sr. to represent the "specialty contractor" category and reappoint Chuck Hackbarth to represent the "mechanical contractor" category.  Length of terms:  4 years.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Approve the appointment of Susan Faust to the South Gulf Cove Community Plan Advisory Committee.  This appointment will fill the unexpired term of Mr. Jim Benson, who resigned.  This term is effective immediately and will expire in July 2010.
BUDGETED ACTION: None
   
 D.Administration
(1)RECOMMENDED ACTION:

Approve cancellation of the June 12, 2009 City of Punta Gorda and Charlotte County Joint Meeting.


BUDGETED ACTION: None
   
 E.County Attorney
(1)RECOMMENDED ACTION: a) Approve a settlement agreement in the case of V.C. Hollingsworth, Jr. ("Hollingsworth") and Spanish Trail Land and Cattle Co. ("Spanish Trail") vs. Charlotte County, Case No. 06-2975-CA authorizing the refund of special assessments levied against their properties since 2006 by the Farabee Road Street & Drainage MSBU in the amount of $9,933.43 to Hollingsworth and $33,751.59 to Spanish Trail.
b) authorize the refund of special assessments paid since 2006 to the Farabee Road Street & Drainage MSBU by JR Paul Properties Inc. in the amount of $10.41 and to Juan and Hildeliza Ruiz in the amount of $2,445.18.
The total assessments to be refunded to the above four parties is $46,140.61.
BUDGETED ACTION: Funds are provided in the Farabee Road Street & Drainage MSBU Fund.
   
(2)RECOMMENDED ACTION: Set an Executive Session for June 9, 2009 at 2:00 p.m. in the Charlotte County Attorney’s Office Conference Room to discuss settlement negotiations and/or strategy related to litigation expenditures in the lawsuit captioned Jennifer Eyerman as Personal Representative for the Estate of John Paul, Carolyn Paul & Mary Pabst v. Charlotte County, Case No. 07-421-CA, Date of Loss: 7/10/05.
 
 
BUDGETED ACTION: None
   
 F.Budget and Administrative Services
(1)RECOMMENDED ACTION:

a) Reschedule the CIP Presentation from June 24, 2009 at 2:00 in Room 119 to June 26, 2009 2:00 p.m. in Room 119. 
b) Cancel Preliminary Budget Presentation scheduled for June 26, 2009 at 2:00 p.m. in Room 119.


BUDGETED ACTION: None.
   
(2)RECOMMENDED ACTION: Reschedule the Budget workshop for the presentation of the tentative budget scheduled on July 15, 2009 to Friday, July 10, 2009 at 10:00 a.m. in Room #119.
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: a)  Approve the grant application for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program - American Recovery and Reinvestment Act of 2009 - State Assistance Program in the amount of $473.492;
b) Approve Budget Amendment #09-A52;
c) Authorize the Chairman to sign all necessary documents;
d) Authorize staff to submit the electronic application and make any necessary changes to the grant proposals prior to submission.
BUDGETED ACTION: Approve Budget Amendment #09-A52 in the amount of $473,492 to recognize revenue and expenditures from the Edward Byrne Memorial Justice Assistance Grant (JAG) Program - American Recovery and Reinvestment Act of 2009.
   
(4)RECOMMENDED ACTION: Approve fourth supplement to standby bond purchase agreement for the utility series 2003A and 2003B variable rate bond issue with Bank of America, N.A. for a fee of 100 basis points guaranteed for a three year term or for a fee of 85 basis points for a one year commitment, including delegation of choice of term to the Chief Deputy, Board Services (in consultation with the Budget and Administrative Services Director), prior to contract signing on or about June 20, 2009.  Term decision will be based on market conditions at the time.
BUDGETED ACTION: Annual cost will be dependent on term chosen and decling balance on bonds outstanding.
   
  Fiscal Services
 ( )No Items
  Information Technology
 ( )No Items
  Purchasing
(1)RECOMMENDED ACTION:

a) Approve Amendment #3 to Contract #07-363 Comprehensive Enterprise Land Records Management System with Accela, Inc.; for a change to the scope of services/deliverables at the same contractual project amount; and
b) Authorize the Chairman to sign the Amendment


BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION:

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


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 Thirty-Six, and further authorizing the Senior Division Manager, Real Estate Services Division, to execute the County Deed releasing said portion of said easement. (Owners:  Robert Dean Rose and Cindy Towne Rose, Trustees)
BUDGETED ACTION: None
   
 G.Building Construction Services
 ( )No Items
 H.Economic Development
(1)RECOMMENDED ACTION: Adopt a Resolution to amend Resolution 2003-081 to change the membership of the Murdock Village Community Redevelopment Agency Advisory Committee and approve the Rules of Procedure for the Advisory Committee.
BUDGETED ACTION: None
   
 J.Environmental Services
(1)RECOMMENDED ACTION: Set a public hearing for June 23, 2009, at 10:00 a.m. or as soon thereafter as may be heard, to consider approving the adoption of an Environmental Lands Management Ordinance; identifying public access and permitted activities consistent with Conservation Charlotte’s program and ordinance.
BUDGETED ACTION: None
   
 K.Facilities Construction and Maintenance
 ( )No Items
 L.Growth Management
(1)RECOMMENDED ACTION: Approve Release of Surety Bond #8816710 issued by Fidelity and Deposit of Maryland in the amount of $467,210.98 to KB Homes of Fort Myers, LLC that was provided to Charlotte County to insure the infrastructure of Creekside Phase II subdivision, according to Developer's Agreement #2005-056 dated December 15, 2005 and amended on July 8, 2008.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Approve release of Surety Bond #08816709 issued by Fidelity and Deposit Company of Maryland in the amount of $582,705.75 to KB Homes of Fort Myers, LLC. provided to Charlotte County to insure the infrastructure of Creekside Phase III subdivision (Petition #FP-04-08-16), according to Developer's Agreement #2006-05, dated February 14, 2006, and amended on July 8, 2008.
BUDGETED ACTION: None
   
 M.Human Resources
 ( )No Items
 N.Human Services
(1)RECOMMENDED ACTION:

a) Approve the Federal Transit Administration Section 5307 grant application for $1,445,884 for FY09 as attached;
b) Authorize the County Attorney, the Metropolitan Planning Director, and Transit Staff to enter their Personal Identification numbers to make the required electronic application;
c) Approve Budget Amendment #09-A51 in the amount of $101,406; and
d) Authorize the Chair to sign all necessary documents.


BUDGETED ACTION: Approve Budget Amendment #09-A51 in the amount of $101,406.  This will bring the total amount budgeted for the grant in the FY 2009 County Budget up to $1,445,884. 

   
 P.Parks, Recreation & Cultural Resources
 ( )No Items
 Q.Public Safety
 ( )No Items
 R.Public Works
(1)RECOMMENDED ACTION: Set a public hearing for June 23, 2009, at 10:00 a.m., or as soon thereafter as may be heard, to consider approving an Ordinance providing posted speed limits for sections of Cook-Brown Road.
BUDGETED ACTION: The FY09 budget contains funds for the estimated cost of sign replacement of $550 in the Cook and Brown Streets and Drainage MSBU.  Funding is supplied from the Cook and Brown Streets and Drainage MSBU.
   
 S.Tourism Development
 ( )No Items
 T.Utilities
 ( )No Items
 U.Other Agencies
 ( )No Items
 
V. REGULAR AGENDA
 Z.Regular Agenda
(1)RECOMMENDED ACTION: Choose by ballot two (2) people to serve as Members at Large on the Parks and Recreation Advisory Committee.  These are three (3) year terms effective June 14, 2009, expiring June 14, 2012.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Presentation of Public Works' Pavement Management Program.
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: Consideration and approval of the Third Amendment to the Englewood Area Planning Advisory Board Interlocal Agreement No. 95-226
BUDGETED ACTION: None
   
 
VI. PUBLIC HEARING AGENDA
10:00 A.M. 
(1)RECOMMENDED ACTION: Conduct a public hearing, to consider approving an ordinance reducing the territory of the Neal Road Street and Drainage MSBU from State Road 31 from 6 miles to 3 miles and further amending the MSBU to bring its language and procedures into conformance with other county MSBUs.              
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Conduct a public hearing to consider approving an ordinance adding property within the City of Punta Gorda, i.e., 13 boat slips, to the South Bridge Waterway MSBU.
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: Approve the methodology for the assessment of impact fees and conduct a public hearing to consider approving a revised Impact Fee Ordinance.
BUDGETED ACTION:

None

   
 
VII. PRESENTATION AGENDA
9:00 A.M. 
(0)RECOMMENDED ACTION:

Presentation of Annual Report from Englewood Area Planning Advisory Committee Chair, Nita Edmondson-Cole


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, June 12, 2009, 9:00 a.m. - Joint Meeting - Board of County Commissioners, and City of Punta Gorda, Administration Building, #119 Canceled pending Board approval  
 
Monday, June 15, 2009, 2:00 p.m. - Budget Workshops/Constitutional Officers' budgets, Administration Building, Room #106B 
 
Tuesday, June 16, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119  
 
Wednesday, June 17, 2009 at 10:00 a.m. – Budget Workshops/Constitutional Officers' budgets, Administration Building, Room #106B
 
Tuesday, June 23, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119
 
Wednesday, June 24, 2009, 2:00 p.m. – Capital Improvement Projects Presentation, Administration Building, Room #119 CHANGE TO June 26, 2009, 2:00 p.m. pending Board approval
 
Friday, June 26, 2009, 2:00 p.m. - Preliminary Budget Presentation, Administration Building, Room #119 - Canceled, pending Board Approval
 
Friday, July 3, 2009, All County Buildings closed for Independence Day
 
Tuesday, July 13, 2009, 9:00 a.m. – Public Pre-Agenda, Administration Building, Room #106-B
 
Tuesday, July 14, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119
 
Wednesday, July 15, 2009, 2:00 p.m. – Presentation of Tentative Budget, Administration building, Room #119 Reschedule to July 10, 2009 10:00 a.m., pending Board approval

 
Friday, July 17, 2009, 2:00 p.m. – [If needed] Presentation of Tentative Budget, Administration building, Room #119
 
Tuesday, July 21, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119
 
Wednesday, July 22, 2009, 5:01 p.m. – MSBU Public Hearing, Administration building, Room #119
 
Thursday, July 23, 2009, 5:01 p.m. – MSBU Public Hearing, Lemon Bay High School, Englewood
 
Monday, July 27, 2009, 9:00 a.m. – Public Pre-Agenda, Administration Building, Room 106-B
 
Tuesday, July 28, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119
 
 
 ADDENDUMS
   
(3)SUMMARY:
BUDGETED ACTION:
RECOMMENDED ACTION: Consideration and approval of the Third Amendment to the Englewood Area Planning Advisory Board Interlocal Agreement No. 95-226
   
(0)SUMMARY:

Presentation of Annual Report from Englewood Area Planning Advisory Committee, Chair Nita Edmondson-Cole


BUDGETED ACTION:
RECOMMENDED ACTION:

Presentation of Annual Report from Englewood Area Planning Advisory Committee Chair, Nita Edmondson-Cole