BOARD OF COUNTY COMMISSIONERS. February 13, 2012

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1 BOARD OF COUNTY COMMISSIONERS February 13, 2012 A Pre-Agenda meeting in preparation of the February 14, 2012 Regular Meeting was held at the Murdock Administration Complex in Room B-106, Port Charlotte, Florida. Members present were: Chairman Constance, Commissioner Deutsch, Commissioner Duffy, Commissioner Starr, County Administrator Sandrock, Assistant County Administrator Shoemaker, County Attorney Knowlton, and Deputy Clerk Carleton. The following members were absent: Commissioner Skidmore The meeting was called to order at 9:00 AM. There was Board Discussion held on the following items: County Attorney: E-1 Purchasing: F-1, F-3, F-5, F-6, F-8, F-9 Real Estate Services: F-10 (pulled) Parks and Natural Resources: H-2 Economic Development: J-1 Facilities Construction and Maintenance: K-2 (pulled) Regular Agenda: Z-2 (pulled), Z-3, Z-4, Z-5 ADJOURNED: 9:45 AM ATTEST: BARBARA T. SCOTT, CLERK OF THE CIRCUIT COURT AND EX-OFFICIO TO THE BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk sfc Chairman

2 COUNTY OF CHARLOTTE Board of County Commissioners Murdock Circle Port Charlotte, FL County Commissioners Christopher Constance, District 2, Chairman Stephen R. Deutsch, District 4, Vice-Chairman Bob Starr, District 1 Robert Skidmore, District 3 Tricia Duffy, District 5 County Administrator Raymond J. Sandrock County Attorney Janette S. Knowlton Clerk of the Circuit Court Barbara T. Scott Regular Meeting 2/14/2012 9:00:00 AM Murdock The Charlotte County Commission meeting room is accessible to the physically disabled. If you need assistance, please contact our office at 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 - Deacon Samuel Puelo, St. Maximilian 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 10:00 A.M. VI. Public Hearing 10:00 A.M. VII. Presentation 2:00 P.M. VIII. Public Workshop IX. Board Workshop X. Citizen Input - Any Subject Proclamations - Commissioner Christopher Constance 19th Annual Greek Festival Days Arts and Humanities Council Artist of the Month - Anne Tuttle Through with Chew Week Employee Recognition - County Administrator Raymond J. Sandrock Five Years: Patti Amann-Kuechmann, Public Safety; Gary Colicchio, Public Works; Roger DeBruler, Jr., Community Services; Richard Dwyer, Utilities; Deborah Hodges, Budget & Administrative Services; Thomas Lizik, Public Safety; Walter Marion, Utilities; David Minnick, Utilities; Steven Moroni, Public Works; Brittany Rainey, Community Services; Wayne Stoquert, Public Works; David Swift, Facilities

3 Construction & Maintenance; Ruta Vardys, Utilities; Sean Vitarelli, Community Services, Jeanie Wnoroski, Budget & Administrative Services; Fifteen Years: Donald Morley, Public Safety; Twenty Years: Sherman Doster, Community Services; Jill Heffley, Community Services 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 MSBU Advisory Committee is seeking a volunteer who must be a resident of Charlotte County and reside within the Unit. Term is three years from date of appointment. Submit application/ resume to Public Works Department, 7000 Florida Street, Punta Gorda, FL 33950; call or Judith.Nothdurft@charlottefl.com The Code Enforcement Board is seeking one volunteer to finish an unexpired term representing the Architect category. This term is effective immediately and shall expire September 30, Please send request for consideration to the Board of County Commissioners, attn: Bonnie Stoner, Murdock Circle, Port Charlotte, FL 33948, to bonnie.stoner@charlottefl.com or fax to (941) Harbour Heights Street & Drainage MSBU Advisory Committee is seeking a volunteer who must be a resident of Charlotte County and reside within the Unit. Term is three years from date of appointment. Submit application/resume to Public Works Department, 7000 Florida Street, Punta Gorda, FL 33950; call or dawn.harrison@charlottefl.com Harbour Heights Waterway Advisory Committee is seeking a volunteer who must be a resident of Charlotte County and reside within the Unit. Term is three years from date of appointment. Submit application/resume to Public Works Department, 7000 Florida Street, Punta Gorda, FL 33950; call or dawn.harrison@charlottefl.com The Health Planning Council of Southwest Florida, Inc. is seeking one volunteer to represent Charlotte County. Must be a health care consumer (not a doctor or insurance representative) to serve a two year term. Effective immediately and term shall expire January Please send letter to BCC, c/o Bonnie Stoner, Murdock Circle, Port Charlotte, FL or to bonnie.stoner@charlottefl.com or send fax request for consideration to (941) Manchester Waterway Advisory Committee is seeking a volunteer to serve as a regular member. Must be a resident of Charlotte County and reside within the Unit. Term is three years from date of appointment. Submit application/resume to Public Works Department, 7000 Florida Street, Punta Gorda, FL 33950; call or judith.nothdurft@charlottefl.com Mid Charlotte Stormwater Utility Advisory Committee is seeking one volunteer who must be a resident of Charlotte County, and reside within the Unit. Term is three years from the date of appointment. Submit application/resume to Public Works Department, 7000 Florida Street, Punta Gorda, FL 33950; call or Judith.Nothdurft@CharlotteFL.com Northwest Port Charlotte Waterway Advisory Committee is seeking a volunteer who must be a resident of Charlotte County and reside within the Unit. Term is three years from date of appointment. Submit application/ resume to Public Works Department, 7000 Florida Street, Punta Gorda, FL 33950; call or judith.nothdurft@charlottefl.com

4 Placida Street & Drainage Advisory Committee is seeking a volunteer to serve as a regular member. Must be a resident of Charlotte County and reside within the Unit. Term is three years from date of appointment. Submit application/resume to Public Works Department, 7000 Florida Street, Punta Gorda, FL 33950; call or judith.nothdurft@charlottefl.com Rotonda West Street & Drainage MSBU Advisory Committee is seeking two volunteers to serve as regular members. Must be residents of Charlotte County and reside within the Unit. Terms are three years from date of appointment. Submit application/resume to Public Works Department, 7000 Florida Street, Punta Gorda, FL 33950; call or judith.nothdurft@charlottefl.com Tropical Gulf Acres Street & Drainage MSBU Advisory Committee is seeking a volunteer to be a regular member. Must be a resident of Charlotte County and reside within the Unit. Term is three years from date of appointment. Submit application/resume to Public Works Department, 7000 Florida Street, Punta Gorda, FL 33950; call or dawn.harrison@charlottefl.com Clerk of the Circuit Court A. Finance Division III. REPORTS RECEIVED AND FILED IV. CONSENT AGENDA (1) RECOMMENDED ACTION: Approve County Investment Report for the quarter ended December 31, (2) RECOMMENDED ACTION: Approve Clerk's Finance Memorandum. B. Minutes Division (1) RECOMMENDED ACTION: Approve Minutes for: December 5, :00 a.m. Executive Session December 12, :00 a.m. Pre-Agenda Meeting December 13, :00 a.m., Regular Meeting and December 13, :00 p.m. Executive Session January 9, 2012, 9:00 a.m., Pre-Agenda Meeting Board of County Commissioners C. Commission Office (1) RECOMMENDED ACTION: Approve the appointment of Rae A. Konjoian as a regular member to the Edgewater North Waterway Unit MSBU Advisory Committee for a three year term from date of appointment. (2) RECOMMENDED ACTION: Approve the appointment of Jose Subero as a regular member to the Gulf Cove Street & Drainage MSBU Advisory Committee for a term of three years from the date of appointment. (3) RECOMMENDED ACTION: Approve the appointment of Scott D. Schermerhorn as a regular member to the West Charlotte Stormwater Utility MSBU Advisory Committee for a three year term from date of appointment.

5 (4) RECOMMENDED ACTION: Approve appointment of Stephanie M. King to the Greater Port Charlotte Street & Drainage MSBU Advisory Committee as a regular member to serve a three year term from date of appointment. (5) RECOMMENDED ACTION: Reappoint Dave Burnett as the Plumbing Contractor and Gregg Brown as the Electrical Contractor to the Construction Board of Adjustments and Appeals. Both wish to continue serving and terms are for three years and will expire in February BUDGETED ACTION: None (6) RECOMMENDED ACTION: Approve appointment of David R. Choken to the Charlotte Ranchettes Streets & Drainage MSBU Advisory Committee as a regular member to serve a three-year term from date of appointment. (7) RECOMMENDED ACTION: Reappoint Ronald E. Woods to the Deep Creek Street & Drainage MSBU Advisory Committee as a regular member for a term of three years from date of appointment. (8) RECOMMENDED ACTION: Appoint John M. Smith to the Deep Creek Streets & Drainage MSBU Advisory Committee as an alternate member with a two-year term from date of appointment. (9) RECOMMENDED ACTION: Reappoint Dan Butler and Barry Hurt to serve on the Little Gasparilla Island Community Plan Advisory Committee for a term of two years from the date appointed. (10)RECOMMENDED ACTION: Appoint Sarah Buck to the Marine Advisory Committee as the representative of the Punta Gorda Sailing Club to finish a vacated term. This term shall expire on Dec. 31, (11)RECOMMENDED ACTION: Reappoint Joe L. Giraldi and Clarence Brosmer to serve three-year terms from date of appointment, as regular members of the South Gulf Cove Waterway MSBU Advisory Committee. (12)RECOMMENDED ACTION: Reappoint Raymond D. Cady to the Southbridge Waterway MSBU Advisory Committee as a regular member for a three-year term from date of appointment. (13)RECOMMENDED ACTION: Reappoint Nancy R. Budd to the Tropical Gulf Acres Street & Drainage MSBU Advisory Committee as a regular member for a three year term from date of appointment. (14)RECOMMENDED ACTION: Approve Resolution in opposition to Agenda 21 relating to policies on the environment and development, as discussed at the Strategic Planning Workshop of January 18, D. Administration Administration (1) RECOMMENDED ACTION: a) Cancel the March 20th Land Use Meeting at 9:00 a.m. in room #119; and b) Reschedule the March 6th all day Goal Setting Session at the Event Center to March 20th at 9 a.m. to 12 noon, at the Mid-County Library, Room "C"; rather than being a Goal Setting Meeting it well be a Commissioner Workshop Meeting. Public Information Office - No Items.

6 E. County Attorney (1) RECOMMENDED ACTION: Approval of Performance Agreement with Cheney Bros., Inc. (2) RECOMMENDED ACTION: Approve an employment agreement with Thomas Patton to serve as the County s Economic Development Director. (3) RECOMMENDED ACTION: Set an Executive Session for February 14, 2012 at 1:00 p.m. in the Charlotte County Attorney s Office Conference Room to discuss settlement negotiations and strategy related to litigation expenditures concerning the lawsuit captioned Charlotte County v. Rotonda Project, LLC; Appellate Court Case No. 2D (4) RECOMMENDED ACTION: Set a public hearing for February 28, 2012 at 10:00 a.m., or as soon thereafter as may be heard, to consider approving an ordinance limiting the consumption of alcohol in parks and recreations facilities located within a community redevelopment area. (5) RECOMMENDED ACTION: Approve the Settlement Agreement and Release with SMH Group, LLC regarding their Bert Harris Jr Act claim against Charlotte County. F. Budget and Administrative Services Budget and Administrative Services - No Items. Fiscal Services - No Items. Information Technology - No Items. Purchasing (1) RECOMMENDED ACTION: Approve Change Order No. 2 (FY12) to Contract , Cleaning Services-Charlotte County Facilities, to include the new Human Services Building at the monthly unit prices listed for the term February 15, 2012 up to and including September 30, This is an annual contract for cleaning services at various County facilities. BUDGETED ACTION: No action needed. This item is budgeted in the FY11/12 budgets within various departments as required. (2) RECOMMENDED ACTION: Approve Change Order #2 to Contract # Specialty Mowing with Walker Service, Inc. in the amount of $17,415. This is an annual contract for specialty mowing and landscape maintenance of roadway rights-of-way, easements, drainage facilities, medians, treescaped streets, and County-owned properties located within Charlotte County. BUDGETED ACTION: No action needed. Funded in the Transportation Trust Fund budget. (3) RECOMMENDED ACTION: Approve Award of Bid #12-099, Knights Island Road Grading to the lowest responsive, responsible bidder, General Contracting Services, Inc. of Placida, FL at the unit prices bid for an estimated total cost of $142, BUDGETED ACTION: No action needed. Budgeted in the Don Pedro/Knights Island Streets and Drainage MSTU. (4) RECOMMENDED ACTION: Approve award of Bid #12-126, 12" Force Main - Ingraham Boulevard, to GO Underground Utilities, LLC, of Lake Placid, Florida, in the amount of $233,302.13, to furnish all materials, labor, equipment, incidentals, and appurtenances required to successfully complete the construction of 12" force main. BUDGETED ACTION: No action needed. CIP was approved and adopted during the FY2012 budget process.

7 (5) RECOMMENDED ACTION: a) Award Bid #12-172, Fiber Optic Infrastructure-Annual, to SPE Utility Contractors FD, LLC d/b/a Intelligent Infrastructure Solutions, located in Naples, FL at the unit prices listed on the attached for the term from date of award up to and including December 31, 2012; and b) Authorize County Administrator to approve two additional one-year terms at the same prices, terms, & conditions, by mutual consent. This is for installation, repair, and maintenance of Charlotte County's infrastructure system. BUDGETED ACTION: No action needed at this time. This item will be charged on an as needed basis. As new projects arise, a new CIP project will be created. (6) RECOMMENDED ACTION: Approve the Purchase of One (1) 2012 E-One Level II Custom Pumper, Cyclone II Chassis, Rescue Pumper, Specification #17 from Hall-Mark Fire Apparatus, Inc. of Ocala, FL; piggybacking off the Florida Sheriff's Association Contract # , at the total cost of $413, The FY11/12 Capital Improvements Program (CIP) includes the project for the purchase of one (1) Fire Truck/Rescue Pumper. BUDGETED ACTION: No action needed. The engine replacement is budgeted in the Fire Rescue fund and is included in the FY12 CIP, approved project c220301, Engine Replacements. (7) RECOMMENDED ACTION: Approve the File #12-198, Renewal of Banner Software Maintenance, to Ventyx, Inc., of Atlanta, GA for the cost of $117,248. Information Technology is requesting the renewal maintenance purchase for the Banner software. This software is the Enterprise Customer Information System used by the utility which handles many aspects of their daily operations. BUDGETED ACTION: No action needed. Funding for this expenditure comes from CCU O&M - computer expense. (8) RECOMMENDED ACTION: Approve the Award of File #12-203, Bulldozer, to Nortrax of Tampa, FL, under the Florida Sheriffs Association of Counties & Florida Fire Chiefs' Association Contract # , Specification #73 for a total cost of $112, BUDGETED ACTION: No action needed. Budgeted in the Transportation Trust Fund, approved CIP project c Bulldozer replacement. (9) RECOMMENDED ACTION: a) Approve ranking of firms for RFP #12-128, Construction Manager at Risk - Traffic Signals, as follows: 1st - AIM Engineering & Surveying, Inc. of Punta Gorda, FL; 2nd - Traffic Control Devices, Inc. of Punta Gorda, FL; and 3rd - Wright Construction Group, Inc. of Punta Gorda, FL; and b) Approve start of negotiations; and c) Authorize the Chairman to sign the Contract after completion of negotiations. This is for a Construction Manager at Risk firm to permit and construct new traffic signals at three (3) intersections: SR 776 at Flamingo Boulevard, SR 776 at Winchester, and CR 775 at future Winchester Boulevard. BUDGETED ACTION: No action needed. Budgeted in approved CIP projects c Winchester Phase 3 and c Edgewater Corridor Phase 1. Real Estate Services (10) RECOMMENDED ACTION: Authorize the Chairman of the Board of County Commissioners to execute an addendum to the original lease agreement dated November 1, 2007 between DenJer Enterprises, Inc. of 5524 Independence Circle, Punta Gorda, FL and Charlotte County, for the Fleet Maintenance Facility located at 5474 Williamsburg Dr., Punta Gorda, FL BUDGETED ACTION: No action needed. This item is budgeted in the Vehicle Maintenance Fund. (11) RECOMMENDED ACTION: Approve the Resolution authorizing the Agreement for Exchange of Real Property between Charlotte County and Florence Davidian-Nicolini and Pascal Nicolini (CCU Lift Station #812). BUDGETED ACTION: Amount budgeted in FY2012. G. Community Development - No Items.

8 H. Community Services Parks and Natural Resources (1) RECOMMENDED ACTION: Approve a Resolution permitting artisans to camp overnight as part of the Florida Frontier Days Festival at Bayshore Live Oak Park. (2) RECOMMENDED ACTION: Approve the conservation easement and the resolution providing financial assurance for the long term gopher tortoise recipient site permit for the Florida Fish and Wildlife Conservation Commission. BUDGETED ACTION: No action needed. Land management costs are funded within the Environmental Land Management budget. Recreation - No Items. Libraries and Historical - No Items. J. Economic Development (1) RECOMMENDED ACTION: Authorize staff to submit an Economic Development Administration (EDA) grant for $2.0 million to fund the development of a technology incubator and authorize the chairman to sign the necessary documentation. BUDGETED ACTION: A 50/50 local match is required. A letter of commitment will be included in the grant application. This action is for the approval to submit the grant application. If the grant application is approved, it will be brought back to the Board for approval to accept the grant and a budget amendment will be processed at the time. (2) RECOMMENDED ACTION: Adopt a resolution requesting the Florida Department of Transportation (FDOT) prepare and enter into a public purpose lease for the Harborwalk Project in the Charlotte Harbor Community Redevelopment Area. BUDGETED ACTION: No budget action needed. The Harborwalk Project is included in the approved FY2011/12 Capital Improvements Project - C190802, Charlotte Harbor Gateway. K. Facilities Construction and Maintenance (1) RECOMMENDED ACTION: Approve an Interconnection Agreement with FPL in order to allow connection of Photovoltaic Systems, located at the Charlotte Sports Park and Fire Station 12. BUDGETED ACTION: No action needed. This project is part of the adopted FY11/12 CIP project C (2) RECOMMENDED ACTION: Approve the lease agreement with the Office of Criminal Conflict and Civil Regional Counsel, Second District for the Office to lease approximately 750 sq. ft. of space in the historic courthouse. BUDGETED ACTION: No action needed. L. Human Resources - No Items. M. Human Services - No Items. N. Public Safety - No Items. P. Public Works - No Items. Q. Tourism Development - No Items. R. Utilities - No Items.

9 S. Other Agencies - No Items. V. REGULAR AGENDA Z. Regular Agenda (1) Community Development RECOMMENDED ACTION: Per Resolution # , the Community Development Department is requesting the Board of County Commissioners review the activities of the Grove City Community Plan Advisory Board over the last three years to determine whether the Advisory Board still serves a necessary function and should continue in existence. (2) RECOMMENDED ACTION: Discussion on county-wid4e casino referendum. BUDGETED ACTION: None. (3) Administration RECOMMENDED ACTION: Discussion and direction regarding Not For Profits funding. VI. PUBLIC HEARING AGENDA - 10:00 A.M. (1) County Attorney RECOMMENDED ACTION: Conduct a public hearing to consider approving an ordinance creating sections through regulating secondary metal recyclers, defining regulated metals and restricted regulated metal items, requiring certain transaction information be maintained and limiting cash transactions. VII. PRESENTATION AGENDA - 10:00 A.M. (1) Budget and Administrative Services RECOMMENDED ACTION: Mark Engelhardt with the University of South Florida will provide a 12 month Progress Report to the Board on the Status of the Criminal Justice Mental Health Substance Abuse Grant awarded in November 3, VIII. PUBLIC WORKSHOP AGENDA - No Items IX. BOARD WORKSHOP AGENDA - 2:00 P.M. (1) Utilities RECOMMENDED ACTION: Conduct a Board Workshop to discuss and provide a status update to the Spring Lake Pilot Wastewater Expansion Program. 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. Economic Development Director: DD. Commissioner Comments: Christopher Constance, District 2, Chairman Stephen R. Deutsch, District 4, Vice-Chairman Bob Starr, District 1

10 Robert Skidmore, District 3 Tricia Duffy, District 5 Board of County Commissioners Schedule of Future Closures/Hearings/Workshops Monday, February 20, 2012, All County Buildings Closed in Observance of President's Day Tuesday, February 21, 2012, 9:00 a.m., Board of County Commissioners Land Use Meeting, Murdock Tuesday, February 28, 2012, 9:00 a.m., Board of County Commissioners Regular Meeting, Murdock Tuesday, March 6, 2012, 8:00 a.m. 5:00 p.m. Goals Setting Workshop, Charlotte Harbor Events and Conference Center Friday, March 9, 2012, 9:00 a.m. Joint Meeting of the City of Punta Gorda and the Board of County Commissioners, Murdock Tuesday, March 13, 2012, 9:00 a.m., Board of County Commissioners Regular Meeting, Murdock Tuesday, March 20, 2012, 9:00 a.m., Board of County Commissioners Land Use Meeting, Murdock Tuesday, March 27, 2012, 9:00 a.m., Board of County Commissioners Regular Meeting, Murdock Tuesday, April 10, 2012, 9:00 a.m., Board of County Commissioners Regular Meeting, Murdock Tuesday, April 17, 2012, 9:00 a.m., Board of County Commissioners Land Use Meeting, Murdock Tuesday, April 17, 2012, 1:00 p.m., Board of County Commissioners Monthly Work Session, location to be decided Tuesday, April 24, 2012, 9:00 a.m., Board of County Commissioners Regular Meeting, Murdock Tuesday, May 8, 2012, 9:00 a.m., Board of County Commissioners Regular Meeting, Murdock Tuesday, May 15, 2012, 9:00 a.m., Board of County Commissioners Land Use Meeting, Murdock Tuesday, May 15, 2012, 1:00 p.m., Board of County Commissioners Monthly Work Session, location to be decided Tuesday, May 22, 2012, 9:00 a.m., Board of County Commissioners Regular Meeting, Murdock Monday, May 28, 2012, All County Buildings Closed in Observance of Memorial Day

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