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
11/10/2009 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 Sammie 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 - Maggie Ruiz
Carol Dunkak-Dunekirchen Day
Charlotte Stone Crabs Recognition Day
Charlotte Symphony Orchestra Week
Employee Recognition 

5 Years
Abdiel Dantin                                                   Facilities

10 Years
Chris Durso                                                      Utilities
Rhiannon Mills                                                  Purchasing
James Montgomery                                          Parks Recreation & Cultural Resources

15 Years
Nigel Lonsdale                                                 Parks Recreation & Cultural Resources
James Pontbriand                                             Environmental & Extension Services

20 Years
Alisa True                                                         Purchasing
Peter Casseday                                                Public Works
Donald Finkelstein                                            Fire/EMS
Frederick Grace                                               Public Works

25 Years
Thomas Burns                                                  Building Construction Services

30 Years
Paul Johnson                                                    Public Works

Not Attending
Larry Golden                            5 years             Fire/EMS
Jeffrey Rathburn                       5 years             Fire/EMS
Cheryl Rigano                           5 years             Utilities

Award Presentations 

Tourism Director, Becky Bovell will present three individuals with honorary Charlotte Harbor Ambassador 'Deeds'

 
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:
Construction Industry Licensing Board - seeking one volunteer to represent licensed general contractor category.  Must be a resident of Charlotte County for two years and hold a valid license.  Length of term - four years.

Deep Creek Street & Drainage Unit Advisory Committee is seeking two volunteers; one to finish an unexpired term and one to be the alternate. Must be residents of the unit.

Edgewater North Waterway District Advisory Committee is seeking two volunteers to serve as regular members.  Must be residents of the unit.
Grove City Street & Drainage Unit Advisory Committee is seeking three volunteers to serve as regular members and one volunteer to serve as the 
alternate member.  All terms effective immediately.

Lemon Bay Street & Drainage Advisory Committee is seeking two volunteers to serve as regular members and one volunteer to serve as alternate member.  All terms effective immediately.  Must own property and reside within the unit.

Marine Advisory Committee is seeking one volunteer to serve a three year term as Member at Large.  Preference will be given to representatives to the following groups: 1) fishing guides or bait and tackle store operators; 2) commercial fishing industry (including clamming industry); 3) marina operation industry; 4) personal watercraft industry; and 5) marine sales industry, and honorary at large members (honorary members).
Mid -Charlotte Stormwater Utility is seeking five (5) members and one (1) alternate member.  The five member board of advisors shall consist of one member from the following MSBUs: Deep Creek Non-Urban Street & Drainage Unit; Harbour Heights Street & Drainage Unit; Northwest Port Charlotte Street & Drainage Unit; the Suncoast Boulevard Street & Drainage Unit and the Greater Port Charlotte Street & Drainage Unit.  The alternate member shall be a resident of the Greater Port Charlotte Street & Drainage Unit.  All members shall be residents of their respective MSBUs and the Mid-Charlotte Stormwater Utility Unit.  Initial terms of office shall be drawn by lot  at the first meeting.
 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.
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
South Bridge Waterway MSBU is seeking one volunteer to serve as a regular member and one volunteer to serve as the alternate member.  Must own property and live within the unit.  Terms effective immediately.
Suncoast Waterway Maintenance MSBU is seeking two volunteers; one as a regular member and one as alternate member.  Must own property and live within the unit.  Terms effective immediately.
Town Estates Street & Drainage Unit Advisory Board is seeking two volunteers to serve as regular members and one volunteer to serve as the alternate member.  Must be resident of the unit.  All terms effective immediately.
 
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: Approve Minutes for:
May 26, 2009, 9:00 a.m. Board of County Commissioners Regular Meeting
May 27, 2009, 1:30 p.m. Budget Workshop
May 29, 2009, 1:30 p.m. Budget Workshop

BUDGETED ACTION: None
   
 Board of County Commissioners
 C.Commission Office
(1)RECOMMENDED ACTION: Reappoint David Nellis to the Beaches and Shores Advisory Committee representing Commission District Two.  Length of term:  4 years
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Re-appoint Thomas Thornberry to the Board of Zoning Appeals as the District #5 representative.  Term shall expire November 2012.
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION:

Appoint Mr. John Hitzel as the District #4 representative on the Charlotte County Parks and Recreation Advisory Board.  This term will expire in April 2011 and will fill the unexpired term of Mr. Johnson who resigned. 


BUDGETED ACTION: None
   
(4)RECOMMENDED ACTION: Appoint Marcus Norman to the Parks and Recreation Advisory Committee representing District #2.  Length of term - 3 years.
BUDGETED ACTION: None
   
(5)RECOMMENDED ACTION: Appoint Lou Spacco to the Recreation and Parks Advisory Committee representing District #3. Term shall expire May 2012.
BUDGETED ACTION: None
   
(6)RECOMMENDED ACTION: Set a Board Workshop for Monday, November 23, 2009 at 1:30 p.m. to discuss alternative energy strategies.
BUDGETED ACTION: None
   
 D.Administration
(1)RECOMMENDED ACTION: Approve cancellation of the December 22, 2009, Regular Meeting of the Board of County Commissioners.
BUDGETED ACTION: None
   
 E.County Attorney
 ( )No Items
 F.Budget and Administrative Services
(1)RECOMMENDED ACTION: Approve budget amendment #10-A04 in the amount of $215,168 for the fiscal year 2010 County budget for enhancement of Adult Drug Court.  
BUDGETED ACTION: Approve Budget Amendment #10-A04 in the amount of $215,168, and Transfer #10-002 for $15,178, for the fiscal year 2010 County budget.  The local match will be accomplished with  budgeted administrative expenses from the general fund as in-kind match.
   
(2)RECOMMENDED ACTION: Approve FY2010-2011 Budget workshop and public hearings for the Board of County Commissioners per the attached schedule.
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION:

a) Accept the ARRA Florida Department of Law Enforcement’s Edward Byrne Memorial Justice Assistance Grants for the Neighborhood Accountability Board Program and the Enhanced Drug testing Program and authorize the Chair to sign the acceptance forms. The Neighborhood Accountability Board Program was awarded $51,974, and the Enhanced Drug Testing Program was awarded $11,211.
b) Authorize acceptance of the four outstanding grants (Specialty Court Administrator, Laptop Acceleration Initiative, Substance Abuse Prevention Initiative Among Charlotte County Youth and Going Home - The Charlotte County Juvenile Re-entry Program) upon receipt of award notification and authorize the Chair to sign the acceptance forms.


BUDGETED ACTION: No budget action is necessary.
   
(4)RECOMMENDED ACTION: Approve, and authorize the BCC Chair to sign, a resolution authorizing the borrowing of an amount not to exceed $7.96 million from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission in order to refinance a loan (A-7-1) previously made to finance various capital improvements within the County.  The loan matures in December 2009.  This follows the original plan to obtain the favorable short term refinancing and renew it for the remaining payoff term of the MSBUs from when the projects were completed.
BUDGETED ACTION: None. Principal and interest payments are budgeted in FY 10 in Public Works for previous paving projects (MSBUs) for various locations and CCU for the
Rotonda Villas and Springs project.
   
(5)RECOMMENDED ACTION: Set a public hearing for Tuesday, November 24, 2009 at 10:00 a.m. to consider approving an ordinance for an additional homestead exemption for persons 65 and older.
BUDGETED ACTION: Future impact on ad valorem taxes.
   
  Fiscal Services
(6)RECOMMENDED ACTION: Amendments and transfers which impact various funds are required to complete Fiscal Year 2008/2009 budget closing process. 
a)  Approve Budget  Amendments at attachment A totaling $1,887,774; 
b) Approve CIP Amendments at Attachment B ; and 
c) Approve Budget Transfers at Attachment C.

BUDGETED ACTION: Approval of Budget Amendments referenced on Attachment A, CIP Amendments referenced at Attachment B, and Budget Transfers referenced on Attachment C. 
   
  Information Technology
 ( )No Items
  Purchasing
(7)RECOMMENDED ACTION: a) Approve Award of Bid #09-311, Tree & Brush Power Shearing, at the unit prices bid to Clear Zone Maintenance, Inc. of Vero Beach, Florida.  Term of contract is to be from date of award, through and including September 30, 2010; and
b) Authorize the County Administrator to approve the renewal options for up to two additional one-year terms, at the same prices, terms, and conditions, by mutual consent.

BUDGETED ACTION: None. Funding is supplied from the various Streets and Drainage MSBUs receiving this service.
   
(8)RECOMMENDED ACTION: Award Bid #09-345 South Gulf Cove Entry Features, to the lowest responsive, responsible bidder, Holland Landscaping & Tree Service, Inc of Osprey, FL for a total project cost of $278,337.78. 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 South Gulf Cove Entry Features and Supplemental Landscaping.
BUDGETED ACTION:

None.

   
(9)RECOMMENDED ACTION: a) Award Bid #09-362, Water/Wastewater Chemicals, to various vendors as listed below for the term from date of award up to and including September 30, 2010, with the exception of Citric Acid, which will be effective January 1, 2010 up to and including September 30, 2010; and
b) Authorize County Administrator to approve two additional one-year renewals at the same prices, terms, and conditions by mutual consent.  This is an annual contract for water and wastewater chemicals.

BUDGETED ACTION:

None.

   
(10)RECOMMENDED ACTION:

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


BUDGETED ACTION: None
   
  Real Estate Services
(11)RECOMMENDED ACTION:

Requesting approval to authorize the Chairman to execute a “Consent” document requested by Florida Power and Light Company in conjunction with two (2) easements being granted to them by Babcock Florida Holdings, LLC, that lie adjacent to or over Fire Station No. 9 on State Road 31. 


BUDGETED ACTION: None
   
(12)RECOMMENDED ACTION:

Approve the attached Resolution authorizing the release of a portion of a twenty-foot (20’) wide canal maintenance easement, located in Port Charlotte Subdivision Section Eighty-Two, and further authorizing the Senior Division Manager, Real Estate Services Division, to execute the County Deed releasing said portion of said easement. (Owners: Jamian R. and Roberta M. Probber)


BUDGETED ACTION: None
   
 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 release of Surety Bond #SU5011133 issued by Arch Insurance Company in the amount of $3,187,886.74 to KB Homes of Fort Myers, LLC, that was provided to Charlotte County to insure the infrastructure of Creekside Phase I subdivision, according to Developer's Agreement #2005-012 dated April 19, 2005, and amended on July 8, 2008.
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Approve release of Surety Bond #9012510 (letter of credit) issued by RBC Bank in the amount of $1,745,359.77 to Charlotte County Park of Commerce, LLC, that was provided to Charlotte County to insure the infrastructure of Charlotte County Park of Commerce Phase II subdivision, according to Developer's Agreement #2007-064 dated October 23, 2007.
BUDGETED ACTION: None
   
 M.Human Resources
 ( )No Items
 N.Human Services
 ( )No Items
 P.Parks, Recreation & Cultural Resources
(1)RECOMMENDED ACTION:

a) Approve stadium improvements listed; and 
b) Approve Budget Transfer #10-003 the amount of $199,494.


BUDGETED ACTION:

Approve Budget Transfer # 10-003 in the amount of $199,494

   
 Q.Public Safety
(1)RECOMMENDED ACTION:

Approve the Interlocal Agreement between the Charlotte County Sheriff's Office and Charlotte County relating to use and operation of the Sheriff's Office vessels.


BUDGETED ACTION:

None

   
 R.Public Works
(1)RECOMMENDED ACTION:

Approve the draft of the Charlotte County Ten Year (FY 2009/2010 - FY 2018/2019) Transit Development Plan (TDP)


BUDGETED ACTION: None. Funding for the preparation of the TDP is from Section 5303 Federal Transit Administration grant funds.
   
 S.Tourism Development
 ( )No Items
 T.Utilities
 ( )No Items
 U.Other Agencies
 ( )No Items
 
V. REGULAR AGENDA
 Z.Regular Agenda
(1)RECOMMENDED ACTION: Board Consideration of a Pilot Fixed Route Bus Service.  Discussion, direction and action requested.
BUDGETED ACTION: None
   
 
VI. PUBLIC HEARING AGENDA
 
VII. PRESENTATION AGENDA
10:00 A.M. 
(1)RECOMMENDED ACTION: Steven Mitnick, Administrator for the Charlotte County Health Department will present an H1N1 Update.  
BUDGETED ACTION: None
   
(2)RECOMMENDED ACTION: Presentation by Terri Behling regarding SWFWMD's Recreation Guides and Get Outside Campaign.
BUDGETED ACTION: None
   
(3)RECOMMENDED ACTION: A presentation of the operational and financial status of Charlotte County Utilities, along with new opportunities identified for consideration.
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
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

Monday, November 30, 2009, Town Hall Meeting for District # 5, Port Charlotte Beach Complex

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
   
(2)SUMMARY: Approve FY2010-2011 Budget workshop and public hearings for the Board of County Commissioners per the attached schedule.
BUDGETED ACTION: None
RECOMMENDED ACTION: Approve FY2010-2011 Budget workshop and public hearings for the Board of County Commissioners per the attached schedule.
   
(7)SUMMARY:
BUDGETED ACTION: None. Funding is supplied from the various Streets and Drainage MSBUs receiving this service.
RECOMMENDED ACTION: a) Approve Award of Bid #09-311, Tree & Brush Power Shearing, at the unit prices bid to Clear Zone Maintenance, Inc. of Vero Beach, Florida.  Term of contract is to be from date of award, through and including September 30, 2010; and
b) Authorize the County Administrator to approve the renewal options for up to two additional one-year terms, at the same prices, terms, and conditions, by mutual consent.