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
10/13/2009 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
Pastor Denny Postell
Abundant Life Assembly of God 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 
American Humane's Adopt-A-Dog Month
Arts and Humanities Council Artist of the Month - Ronald Smith
Community Planning Month
Myrtle McGann Thornton Day
National Business Women's Week
Sam Emerick Day
Employee Recognition 

5 Years
Lorna Willis                            Parks, Recreation & Cultural Resources
Telisha Andrews                Charlotte County Utilities
William Seymour              Charlotte County Utilities

10 Years

Lynn Howard                    Attorney’s Office
Judy Sprague                  Building Construction Services 


20 Years
Robert Carson                                 Public Works

Not Attending
Timothy Burke         10 years         Fire/EMS
Dennis Locker         10 years         Fire/EMS
Daniel Sacksteder  10 years         Fire/EMS
Manon Lessard       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:
Affordable Housing Advisory Committee is seeking two members to serve.  One residential home building representative and one representative from the home building industry and must be residents of Charlotte County. Terms are for two years.
MPO – Charlotte County Transportation Disadvantaged Local Coordinating Board (LCB) – is seeking two individuals to voluntarily serve on the LCB Board. The purpose of the LCB is to identify local service needs and to provide information, advice, and direction to the Community Transportation Coordination of service to be provided to the transportation disadvantaged. The positions are: 1) A person who is recognized by the Florida Association for Community Action (President), representing the economically disadvantaged in the county; 2) a person with a disability representing individuals who are disabled in the county. Your letter or email of interest stating the position for which you are qualified to represent should be sent to: Charlotte County-Punta Gorda MPO, 25550 Harbor View Road, Suite 4, Port Charlotte, FL 33980. Fax: 941-883-3534 Email: office@ccmpo.com. The MPO Board will elect the above positions at their Monday, December 14, 2009 Regular Meeting.
Parks and Recreation Advisory Board is seeking one member to serve as the District #4 representative.  Meetings are held the first Wednesday of each month at 1:00 p.m. at Charlotte Sports Park
MPO Transportation Disadvantaged Local Coordinating Board (LCB) - is seeking one Charlotte County resident to serve as a representative of the local medical community which may include, but not be limited to kidney dialysis centers, long term care facilities, assisted living facilities, hospitals, local health department or other home and community based service. Your letter or email of interest stating the position for which you are qualified to represent should be sent to: Charlotte County-Punta Gorda MPO, 25550 Harbor View Road, Suite 4, Port Charlotte, FL 33980. Fax: 941-883-3534 Email: office@ccmpo.com
Little Gasparilla Island Committee is seeking one volunteer to serve as an at-large member on the committee.  Must reside within the unit.  Length of term - 2 years.
 
III. REPORTS RECEIVED AND FILED
Charlotte Harbor CRA Advisory Committee meeting Minutes for August 27, 2009.

Murdock Village CRA Advisory Committee meeting Minutes of 9.14.09.

 
 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: Approve Minutes for May 5, 2009 1:30 p.m. Budget Workshop.
BUDGETED ACTION: None
   
 Board of County Commissioners
 C.Commission Office
(1)RECOMMENDED ACTION: Appoint David Servis to the Burnt Store Village Street & Drainage Unit Advisory Board from the alternate to a regular member replacing Sally Welch.  Length of term:  until March 11, 2011.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Appoint Charles Rinehart to the Charlotte Ranchettes Street and Drainage Unit replacing William Faris.  Length of term:  until January 27, 2012.
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: Appoint Erik Hoffer to the Pirate Harbor Waterway Unit Advisory replacing Debra Highsmith who resigned.  Length of term:  until October 13, 2012.
BUDGETED ACTION: None
   
(4)RECOMMENDED ACTION: Appoint Mr. Michael J. Rowan as the alternate to the Placida Street and Drainage Advisory Committee.  This is a two year term effective immediately and expiring October 2011.
BUDGETED ACTION: None
   
 D.Administration
 ( )No Items
 E.County Attorney
(1)RECOMMENDED ACTION: Approve a partial settlement of the lawsuit captioned: American Consulting Engineers of Florida, LLC v. Board of County Commissioners of Charlotte County, and Charlotte County, a political subdivision of the State of Florida; Case No. 09-3866-CA , by 1) authorizing the Chair to execute the contract with Southwest Engineering, and 2) authorizing the Chair and the County Attorney to execute the Settlement Agreement and Release.
BUDGETED ACTION: None
   
 F.Budget and Administrative Services
(1)RECOMMENDED ACTION: Approve Fifth Supplement and Amendment to Standby Bond Purchase (SBPA) Agreement for the Utility Series 2003A and 2003B variable rate bond issue with Bank of America, N.A., in order to delete Section 5.1(s) of the Fourth Supplement and Amendment to SBPA.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: a)  Approve acceptance of the Edward Byrne Memorial Justice Assistance grant in the amount of $66,984, and
b) Authorize the Chair to execute the attached grant acceptance and any other necessary grant documents.

BUDGETED ACTION: There is no impact to the BCC budget.  The funds will be passed on to the Charlotte County Sheriff's Office and Punta Gorda Police Department for them to expend as specified in the grant.  These expenditures are funded by grant revenues with no matching funds required.
   
  Fiscal Services
(3)RECOMMENDED ACTION:

Approve the attached contract awarding $625,555 to United Way to be distributed as agreed upon at the May 20, 2009 budget workshop. 


BUDGETED ACTION: No budget action needed
   
(4)RECOMMENDED ACTION: Approve and authorize the Commission Chair to sign the attached grant certification for the Supervisor of Elections to meet the State requirement to receive Charlotte County's share of the 2009 Legislature appropriated funds to be distributed to State Supervisors of Elections for federal election activities. 
BUDGETED ACTION: No action needed at this time.  The Supervisor of Elections FY2009/2010 budget contains sufficient amount of funds to cover the required match which will be used for the specific purposes designated in the grant.
   
(5)RECOMMENDED ACTION: Approve budget transfer #S09-01 to align budgeted funds for the Supervisor of Elections for year-end closeout. 
BUDGETED ACTION:

Approve Budget Transfer #S09-01 to align budgeted funds for the Supervisor of Elections for year-end closeout.  There is no net change in the budget.

   
(6)RECOMMENDED ACTION: Approve extension of the 2009 Tax Roll from the Property Appraiser to the Tax Collector in accordance with Section 197.323 F.F. prior to the Value Adjustment Board completion of its final meetings.
BUDGETED ACTION: None required.
   
  Information Technology
 ( )No Items
  Purchasing
(7)RECOMMENDED ACTION: Award Bid #09-237 Rotonda Villas/Springs-Water/Sewer Project to General Contracting Services, Inc. of Placida, FL in the amount of $6,975,107.23 to construct a Water/Sewer project to serve the Rotonda Villa and Springs area.
BUDGETED ACTION:

None. Funding for this expenditure comes from Rotonda Villas & Springs Water and Wastewater MSBU and external borrowings.

   
(8)RECOMMENDED ACTION: Award, Bid #09-305, Renovation Eastport Headworks Structure, to the lowest responsive, responsible bidder: TLC Diversified Inc., of Palmetto, FL for a base bid cost of $966,000; deduction of Bid Item #5 Rehabiliate Existing Gates for ($46,700); award of Alternate #1 - Remove and Replace with new Slide Gates for $90,700 and Alternate #2 - Portable Slide Gate Operator for $9,600 for a total project cost of $1,019,600. The purpose of this bid is to secure the services of an experienced, licensed Contractor to furnish all materials, labor, equipment and incidentals required to successfully complete the renovations of the Eastport Headworks Structure.
BUDGETED ACTION: Amount Budgeted $1,025,000
   
(9)RECOMMENDED ACTION:

a) Award Bid #09-325 Fabricated Road Signs - Annual Contract to Custom Products Corporation of Jackson, Mississippi, at the unit prices indicated on the bid form; 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.  The contract period will be effective from date of award through and including September 30, 2010.


BUDGETED ACTION: None. Signs will be charged to the appropriate MSBU, MSTU, or the Transportation Trust Fund when used.
   
(10)RECOMMENDED ACTION:

a)  Award Request for Proposal No. 09-348, Charlotte County Fire Rescue/EMS Medical Director, to Dr. Raymond A. James, D.O., P.L.; 
b)  Authorize negotiations; and
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.


BUDGETED ACTION: None.  Funding is budgeted in the FY09/10 EMS operating budget.
   
(11)RECOMMENDED ACTION: Approve deletion of the property inventory items on the attached list for the month of October, 2009.
BUDGETED ACTION:

None

   
  Real Estate Services
 ( )No Items
 G.Building Construction Services
 ( )No Items
 H.Economic Development
(1)RECOMMENDED ACTION: Approve a resolution to amend Resolution 2002-119 to modify the Charlotte Harbor Community Redevelopment Area Architectural Design Standards.
BUDGETED ACTION:

None

   
 J.Environmental Services
 ( )No Items
 K.Facilities Construction and Maintenance
 ( )No Items
 L.Growth Management
(1)RECOMMENDED ACTION: Approve a resolution and accompanying covenant adopting a Certification of Sending Zone, petition # CSZ-09-07-03 for Punta Riverside, Inc.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Approve Final Plat, petition #FP-08-08-04, for Dale D. Arculus, Jomida Properties.
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: Approve Letter Agreement between Charlotte County and Landmark Bank for FP-04-02-02, Villa Milano
BUDGETED ACTION: None
   
 M.Human Resources
 ( )No Items
 N.Human Services
(1)RECOMMENDED ACTION: a) Accept federal grant award of $4,000 from the U.S. Department of Labor for the Homeless Veterans Stand Down event scheduled for October 31, 2009 and the related Budget Amendment #10-A03.  
b) Authorize the Human Services Director or her designee to sign any additional grant and reporting documents.   

BUDGETED ACTION:

Approve Budget Amendment #10-A03 in the amount of $4,000. 

   
 P.Parks, Recreation & Cultural Resources
 ( )No Items
 Q.Public Safety
 ( )No Items
 R.Public Works
 ( )No Items
 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 one (1) person to finish a vacated, unexpired term on the Boca Grande Street & Drainage Advisory Committee.  This term is effective immediately and shall expire February 27, 2012.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Select by ballot, a representative to serve on the Punta Gorda Community Redevelopment Agency for a four-year term.
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: Requested by Commission Office.

Consider for discussion and direction related to F.S.196.075 - Additional Homestead Exemption for Persons 65 and Older.


BUDGETED ACTION: None
   
(4)RECOMMENDED ACTION: a) Provide direction and consider the recommendation of the Professional Services Committee ranking of firms for Request for Proposal #09-293, Placida Road-Construction Manager at Risk:  1st Halfacre Construction Co. located in Punta Gorda, FL; 2nd Wright Construction Group located in Punta Gorda, FL; 3rd Mathews/Taylor Construction LLC located in Punta Gorda, FL; 4th Kraft Construction located in Port Charlotte; and 5th Owen-Ames-Kimball located in Punta Gorda;   This is for professional Construction Management services in the widening of Placida Road.
BUDGETED ACTION: Funding for project c410521 CR775/Rotonda Blvd West to Cape Haze Dr is supplied from the 2009 sales tax extension, external borrowing, and road impact fees.
   
(5)RECOMMENDED ACTION:

Discussion and direction regarding the 2010 employee healthcare benefit options/renewal strategies and seek Board direction on which options to offer.  Also provide an update on the Employee Health Center utilization and savings to date. Will be asking BCC to approve recommendations.


BUDGETED ACTION:

No action required.

   
(6)RECOMMENDED ACTION:

Approval for the Peace River Manasota Regional Water Supply Authority ("Authority") to locate the Phase 1A pipeline (Kings Highway/Shell Creek) within the jurisdiction of Charlotte County.


BUDGETED ACTION:

Funding for this expenditure is from 2002 Sales Tax.

   
 
VI. PUBLIC HEARING AGENDA
10:00 A.M. 
(1)RECOMMENDED ACTION:  Conduct a public hearing, to consider approving an ordinance to amend Section 1-2-186 of the Charlotte County Code of Laws and Ordinances to designate certain counties for local preference.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Conduct a public hearing to consider adopting an ordinance updating the Capital Improvements Program FY2009/2010 through FY2013/2014.
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: Conduct a public hearing to consider approving the dissolution of the West Charlotte Harbour Community Development District (CDD). The Board of Supervisors of the West Charlotte Harbour CDD is seeking approval for the dissolution of the West Charlotte Harbour CDD, pursuant to Chapter 190, F.S.
BUDGETED ACTION: None
   
 
VII. PRESENTATION AGENDA
10:00 A.M. 
(1)RECOMMENDED ACTION: Presentation of 2009 Florida Main Street Secretary of State Honor Award for Outstanding New Construction Project:  Charlotte County and City of Punta Gorda, Charlotte Harbor Event and Conference Center
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: On behalf of Charlotte County Utilities, Ms. Terri Kesner will present a rebate check to the Charlotte County Public School Board for their participation in the Toilet Replacement Project, which is partially funded by the Southwest Florida Water Management District.
BUDGETED ACTION:

Amount Budgeted $100,000 for total program

   
 
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

Thursday, October 15, 2009, 4:00 pm – Charter Review Commission, Administration Building, Room #106-B

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
 

Wednesday, November 11, 2009, All County Buildings Closed for Veterans Day
 

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 Years
Lorna Willis                            Parks, Recreation & Cultural Resources
Telisha Andrews                Charlotte County Utilities
William Seymour              Charlotte County Utilities

10 Years

Lynn Howard                    Attorney’s Office
Judy Sprague                  Building Construction Services 


20 Years
Robert Carson                                 Public Works

Not Attending
Timothy Burke         10 years         Fire/EMS
Dennis Locker         10 years         Fire/EMS
Daniel Sacksteder  10 years         Fire/EMS
Manon Lessard       20 years         Fire/EMS

        Little Gasparilla Island Committee is seeking one volunteer to serve as an at-large member on the committee.  Must reside within the unit.  Length of term - 2 years.
(1)SUMMARY:
BUDGETED ACTION: None
RECOMMENDED ACTION: Approve a partial settlement of the lawsuit captioned: American Consulting Engineers of Florida, LLC v. Board of County Commissioners of Charlotte County, and Charlotte County, a political subdivision of the State of Florida; Case No. 09-3866-CA , by 1) authorizing the Chair to execute the contract with Southwest Engineering, and 2) authorizing the Chair and the County Attorney to execute the Settlement Agreement and Release.
   
(5)SUMMARY:
BUDGETED ACTION:

Approve Budget Transfer #S09-01 to align budgeted funds for the Supervisor of Elections for year-end closeout.  There is no net change in the budget.


RECOMMENDED ACTION: Approve budget transfer #S09-01 to align budgeted funds for the Supervisor of Elections for year-end closeout. 
   
(1)SUMMARY:
BUDGETED ACTION:

None


RECOMMENDED ACTION: Approve a resolution to amend Resolution 2002-119 to modify the Charlotte Harbor Community Redevelopment Area Architectural Design Standards.