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
7/28/2009 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
Fr. Rafael Padilla
St. Maximillan Kolbe Catholic 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 
Charlotte County Firefighter Appreciation Month
Jeffrey Mendel Day
William White Day
Employee Recognition 
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 an unexpired term.  Must own property and live within the unit.  Term effective immediately and shall expire February 27, 2012.
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 one volunteer to represent the "electrical contractor" category.  Volunteer must be a resident of Charlotte County for at least two years and be a licensed electrical contractor.  Length of term - until March, 2012.
Englewood East Street and Drainage Advisory Committee - is seeking one volunteer to serve a three year term; effective August 22, 2009, and expiring August 31, 2012.  Must own property and reside within the unit.
Murdock Village CRA Advisory Committee - is seeking one volunteer representing the "banking and finance" sector or "appraisal" sector, the latter as defined in Chapter 475, Florida Statute.  The term is for three years, effective immediately.
South Bridge Waterway Municipal Service Benefit Unit - is seeking two volunteers; one to serve as a regular member and the other to serve a two year term as the alternate member.  Terms are effective immediately.  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.  Must be a property owners and live within the unit.  Terms effective immediately.
West Charlotte Stormwater Utility - is seeking one volunteer to serve a three year term as a regular member, effective July 25, 2009, expiring July 31, 2012.  
 
III. REPORTS RECEIVED AND FILED
Minutes of the June 25, 2009 Charlotte Harbor CRA Advisory Committee.
Minutes from the July 13, 2009 Murdock Village CRA Advisory Committee Meeting.
 
 IV. CONSENT AGENDA
 Clerk of the Circuit Court
 A.Finance Division
(1)RECOMMENDED ACTION: Approve the Clerk's Finance Memoranda.
BUDGETED ACTION: None
   
 B.Minutes Division
(1)RECOMMENDED ACTION: April 14, 2009                5:30 PM                Regular Meeting
April 15, 2009                1:30 PM                Budget Workshop
April 17, 2009                1:30 PM                Budget Workshop
 

BUDGETED ACTION:

None

   
 Board of County Commissioners
 C.Commission Office
(1)RECOMMENDED ACTION: Approve the reappointment of Sandy Funk to serve on the South Burnt Store Street & Drainage Unit Advisory Board.  Length of term:  3 years.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Approve the reappointment of Laren Armstrong for an additional three year term to serve on the West Charlotte Stormwater Utility.  This term is effective immediately and shall expire July 25, 2012.
BUDGETED ACTION: None
   
 D.Administration
 ( )No Items
 E.County Attorney
(1)RECOMMENDED ACTION: a) Motion to approve settlement of $125,000 and approval of budget transfer to Thomas Rapp regarding Rapp v. Charlotte County and Janette Knowlton, Case No. 2:08-CV-642-FtM-29DNF; and b) Authorize the chair and County Attorney to execute the settlement agreement and release.
BUDGETED ACTION: None.  Will be paid out of the Self Insurance Fund.   
   
(2)RECOMMENDED ACTION: Approve a Settlement Agreement among Charlotte County, Lee County and Babcock Property Holdings LLC, Case No. 08-174CA pending in the Circuit Court of the 20th Judicial Circuit.
BUDGETED ACTION: None
   
 F.Budget and Administrative Services
 ( )No Items
  Fiscal Services
(1)RECOMMENDED ACTION: Approve Modification to Subgrant Agreement of FEMA DCA Contract #08HM-F9-09-18-01-003 dated September 10, 2007 and authorize the Chair to sign four copies of the contract extending the completion date until March 5, 2010 for the Impact Resistant Window Retrofit in the 5-Story Administration Building.
BUDGETED ACTION: None - FY 08/09 budget includes the grant funds.  Project Account Code is: G 190702, Account:  0001.191491.519.62.0001.
   
(2)RECOMMENDED ACTION:

Set a Public Hearing for August 11, 2009, at 10:00 A.M., or as soon thereafter as may be heard, to consider approving an Ordinance to designate Charlotte County as a Recovery Zone.  In order for Charlotte County to pursue Recovery Zone Bonds, the American Recovery and Reinvestment Act of 2009 (ARRA) requires the County to designate any area, or the entire County, as a Recovery Zone.


BUDGETED ACTION: None
   
  Information Technology
 ( )No Items
  Purchasing
(3)RECOMMENDED ACTION: Approve Award Bid #09-219 Eastport Operations Building-Construction, to the lowest responsive, responsible bidder: Boran Craig Barber Engel Construction Co. Inc., of Naples, FL, for a Base Bid Cost of $1,254,253 plus award of Alt#2-Viracon Stormguard with Solarscreen Low-E for $1,268 and Alt#6 Air Conditioning Equipment for $8,200 for a Total Project Cost $1,263,721. The purpose of this bid is to secure the services of an experienced, licensed Contractor to furnish all materials, labor equipment, incidentals and associated site work required to successfully complete the construction of the Eastport Operations Building; and b) Approve exemption from the landscaping and buffers ordinance for this project.
BUDGETED ACTION: Funding for this project comes from Utilities Operations and Connection Fee Fund (FY09 budget = $2,281,000).
   
(4)RECOMMENDED ACTION: Approve Award of Bid #09-234, Dredging – Hayward Canal, to the lowest responsive, responsible bidder, Florida Marine Construction of St. James City, FL, at the unit prices bid, for a estimated total cost of $101,493 for the dredging of the exterior waterways within the Hayward Canal, Charlotte Harbor Aquatic Preserve, and one of the interior waterways within the Hayward Canal, Class III Waters, in Charlotte County, Florida.  

BUDGETED ACTION: None
   
(5)RECOMMENDED ACTION: Approve Award Bid #09-281, Tractor with Boom Mower, to the lowest responsive responsible bidder, Everglades Farm Equipment of Fort Myers, FL, at the unit cost of $110,695, including an optional bid item of a four-year, 4,000-hour extended warranty in the amount of $2,564, for a total price of $113,259.  The tractor and boom mower shall be utilized in daily operations by Charlotte County Public Works Maintenance & Operations Division to control vegetation overgrowth.
BUDGETED ACTION:

none

   
(6)RECOMMENDED ACTION: a) Approve the split "per item" Award of Bid #09-299, Sand, Rock, and Rock Screening, to two firms--Coral Rock, Inc., of Punta Gorda, FL, and Annevar and Associates of Port Charlotte, at the unit prices below, with an initial contract term beginning October 1, 2009, through and including September 30, 2010; and b) Authorize the County Administrator to approve renewal options for up to two additional one-year terms at the same prices, terms, and conditions, by mutual consent.   This is for procurement of the sand, rock, and rock screenings utilized by Charlotte County Public Works' Maintenance & Operations Department. 
BUDGETED ACTION: FY09 purchased to date have been approximately $25,000. Items will be placed into inventory and charged to the appropriate  MSBU/TU or gas taxes when used.
   
(7)RECOMMENDED ACTION: Approve Award Bid #09-263, Dump Body Trailers, to the lowest responsive, responsible bidder, Florida Utility Trailers, Inc., of Tampa, FL at the unit cost of $35,600 per trailer for a total price of $142,400.  These (4) dump body trailers will be used in conjunction with two (2) International Truck Tractors, Tandem Axle, Class 8, 80,000 lbs. GCWR (6X4) and one 6,000 gallon tanker.  All of this equipment is essential to reduce hauling and disposal costs of sludge for Charlotte County Utilities (CCU).

BUDGETED ACTION:

None; amount Budgeted $145,000 in Capital Equipment.  Funding for this expenditure comes from Utilities Operation and Maintenance Fund.

   
  Real Estate Services
(8)RECOMMENDED ACTION: Approve the attached Resolution accepting the road and drainage improvements for an un-named cul-de-sac road lying in Lots 1, 2, 3, and 4 of Block “D”, Woodland Acres Subdivision,  as recorded in Plat Book 1, Page 59, of the public records of Charlotte County, Florida.
BUDGETED ACTION: None
   
(9)RECOMMENDED ACTION: Approve the attached resolution authorizing the execution of a lease agreement for space at Building #304 Unit “C” at 7275 Utilities Road, Punta Gorda Florida, to be used by the Fire/EMS Radio Communications Section for the FCC Rebanding project.
BUDGETED ACTION:

No action needed. 

   
 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
(1)RECOMMENDED ACTION: Approve a Resolution providing application forms for Group II and III excavations.      
BUDGETED ACTION: None
   
 M.Human Resources
 ( )No Items
 N.Human Services
(1)RECOMMENDED ACTION: Approve Resolution to suspend shared county and state health care program by suspending Resolutions 93-192 & 89-224 pertaining to the County Program for Hospital Care for the Indigent. 
BUDGETED ACTION: Program is no longer funded after September 30, 2009.
   
 P.Parks, Recreation & Cultural Resources
 ( )No Items
 Q.Public Safety
(1)RECOMMENDED ACTION: a) Approve the modification of the Emergency Management Preparedness & Assistance (EMPA) Base Grant Agreement for an additional $59,417; and b) Approve Budget Amendment # 09-A54 in the amount of $59,417 to allocate grant funds in the Emergency Management budget.
BUDGETED ACTION: Request approval of Budget Amendment 09-A54. Grant funds will be allocated in the Emergency Management budget.  The required non-federal match is already included in the current budget.
   
 R.Public Works
(1)RECOMMENDED ACTION: Approve and authorize the BCC Chair to sign the Second Amendment to the Cooperative Funding Agreement between the Southwest Florida Water Management District (SWFWMD) and Charlotte County for the Charlotte Harbor Redevelopment Area Watershed Management Plan.
BUDGETED ACTION:

None

   
(2)RECOMMENDED ACTION: Approve and authorize the Chair to sign a Joint Project Agreement with the Englewood Water District for the Manasota Key Phase 2 Drainage Improvement Project.  This project is to construct drainage improvements along South Manasota Key, from Sand Dollar Lane to the El Gale on Condominiums along Gulf Boulevard. 
BUDGETED ACTION: A subsequent budget amendment will be necessary at award of contract.  Funding for this agreement will be supplied by the Englewood Water District.
   
(3)RECOMMENDED ACTION: Approve and authorize the Chair to sign an Interlocal Agreement with the City of Punta Gorda to construct utility relocation work in coordination with and as a part of the roadway and drainage improvements to Piper Road from North Jones Loop Road to Henry Street.
BUDGETED ACTION:

A subsequent budget amendment will be necessary at award of contract.

   
(4)RECOMMENDED ACTION: Approve and Authorize the Chair to sign an Interlocal Agreement with the City of Punta Gorda to construct the utility relocation work in coordination with and as a part of the roadway and drainage improvements to Burnt Store Road, from Notre Dame Boulevard to U.S. 41.
BUDGETED ACTION:

A subsequent budget amendment will be required at award of contract.

   
(5)RECOMMENDED ACTION: Approve Public Works' project recommendation for application for American Recovery and Reinvestment Act (ARRA) Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant funding for the Piper Road North section of the Piper Road/Enterprise Charlotte Airport Park project. Applications for TIGER discretionary grants from local governments must be submitted by September 15, 2009.  




BUDGETED ACTION:

None

   
 S.Tourism Development
 ( )No Items
 T.Utilities
(1)RECOMMENDED ACTION: Approve the accumulated Utility Uncollectible Accounts through March 31, 2009.
BUDGETED ACTION: None, balance sheet adjustment is necessary in the Utilities M&O Fund and the Utilities Connection Fee Fund to record this bookkeeping entry.
   
(2)RECOMMENDED ACTION: Approve request for exemption from the Landscaping and Buffers Ordinance for several Charlotte County Utility facility sites. 
BUDGETED ACTION:

None

   
(3)RECOMMENDED ACTION: Approve request for the Chairman to sign the Amended Florida Department of Environmental Protection (FDEP) Consent Order approving an extension of project completion dates.
BUDGETED ACTION: Capital improvements to waterways and watermains are budgeted in various CIP projects.  Funding for the capital improvements comes from Connection Fees and the Renewal and Replacement Fund.
   
 U.Other Agencies
 ( )No Items
 
V. REGULAR AGENDA
 Z.Regular Agenda
(1)RECOMMENDED ACTION:

Staff will present the Economic Stimulus Funding for Charlotte County administered through the American Recovery and Reinvestment Tax Act of 2009.


BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Consider a request that the Board of County Commissioners accept the donation of property as described on the attached list (see Exhibit "A") entitled Property Donation to Charlotte County from Restoration Roads Ministry Inc.
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: Consider EDO's request to apply for an allocation of Clean Renewable Energy Bonds.  The Application for Allocation of New Clean Renewable Energy Bond Volume Cap requires the signature of the BCC Chair.
BUDGETED ACTION:

None at this time. 

   
 
VI. PUBLIC HEARING AGENDA
10:00 A.M. 
(1)RECOMMENDED ACTION: Consider approving an ordinance amending Section 1-6-11, Charlotte County Code, to provide for a $30 surcharge on noncriminal and criminal traffic violations to fund State Court Facilities.
BUDGETED ACTION: None 
   
 
VII. PRESENTATION AGENDA
2:00 P.M. 
(1)RECOMMENDED ACTION: a)  Presentations to the Board of County Commissioners from the top three (3) ranked firms, as determined by the Professional Services Committee, for Request for Proposal #09-168 Charlotte Harbor Event & Convention Center Management Services to establish ranking; and b)  Approve start of negotiations; and c)  Authorize the Chairman to signed the Contract after completion of negotiations.
BUDGETED ACTION: None
   
 
VIII. PUBLIC WORKSHOP AGENDA
 Public input permitted.
 ( )No Items
 
IX. BOARD WORKSHOP AGENDA
 No public input.
10:00 A.M. 
(1)RECOMMENDED ACTION: Staff will present and seek direction from the Board about the updates to the Intergovernmental Coordination Element and the Housing Element.
BUDGETED ACTION: None
   
 
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:
Approve the reappointment of George Taylor to serve on the South Burnt Store Street & Drainage Unit Advisory Board.  Length of term:  3 years.
 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, July 28, 2009, 10:00 a.m. [or soon thereafter] – Public Hearings Ordinance $30 surcharge on noncriminal and criminal traffic violations to fund State Court Facilities, Administration Building, Room #119
 
Tuesday, August 11, 2009, 9:00 a.m. - Board of County Commissioners Regular Board Meeting, Administration Building, Room #119
 
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 ‘B', Rm 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:

None


RECOMMENDED ACTION: Approve Public Works' project recommendation for application for American Recovery and Reinvestment Act (ARRA) Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant funding for the Piper Road North section of the Piper Road/Enterprise Charlotte Airport Park project. Applications for TIGER discretionary grants from local governments must be submitted by September 15, 2009.