Financial Impact Summary Statement Detailed Analysis Attached · 11/12/2014 · Charlotte County...

Charlotte County Board Of County Commissioners Agenda Item Summary

Item Number: B- 1

1 DEPARTMENT MAKING REQUEST 2 MEETING DATE Clerk of Court 11/12/2014 9:00:00 AM

3 REQUESTED MOTION/ACTION

Approve minutes for: September 23, 2014 BCC Regular and Land Use Meeting and Executive Session October 14, 2014 BCC Regular Meeting October 23, 2014 Pre-Agenda

4 AGENDA 5 IS THIS ITEM BUDGETED ( IF APPLICABLE ) -

Budget Action No action needed. Financial Impact Summary Statement Detailed Analysis Attached - Budget Officer-

6 BACKGROUND ( Why is this Action Necessary, and What Action will be accomplished )

ATTACHMENTS:Name: Description: Type:

092314_BCC_Regular_and_Land_Use_Meeting_and_Executive_Sessions.pdfSeptember 23, 2014 BCC Regular and

Land Use Meeting and Executive Session

Cover

Memo

101414_BCC_Regular_Meeting.pdf October 14, 2014 BCC Regular MeetingCover

Memo

102314_Pre-Agenda.pdf October 23, 2014 Pre-Agenda Cover

Memo

BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 23, 2014 A Regular and Land Use meeting was held at the Murdock Administrative Complex in Commission Chambers; Room 119, Port Charlotte, Florida. Members present were: Chair Doherty, Commissioner Constance, Commissioner Deutsch, Commissioner Duffy, Commissioner Truex, County Administrator Sandrock, County Attorney Knowlton, Chief Deputy Board Services White, Minutes Supervisor Lansing, and Minutes Clerk Russo. The following members were absent: None

The meeting was called to order at 9:00 am.

The Invocation was given by Commissioner Deutsch, followed by the Pledge of Allegiance

Changes to the Agenda:

Change #1 ‐ 10:00 am Presentation #1 ‐ Added Presentation attachment. Requested by Commission Office

Addition #1 ‐ R‐2 ‐ Set an Executive Session for September 23, 2014 at 1:30 pm in the Charlotte County Attorney's Conference Room to discuss settlement negotiations and strategy related to litigation expenditures concerning the civil lawsuit captioned Weiler Engineering, Inc. and 1775, LLC v Charlotte County Case no. 12.3940‐CA Requested by County Attorney

Addition #2 ‐ R‐3 Approve and authorize the Chairman to sign the Second Amendment to the Stadium Lease Agreement between Charlotte County and Ripken‐Rays Florida Baseball LLC. Requested by Community Services Addition #3 ‐ R‐4 Set an Executive Session for September 23, 2014 at 1:45 pm or immediately following the Executive Session in another matter, already scheduled for the same date at 1:30pm in the Charlotte County Attorney’s Office Conference Room to discuss settlement negotiations and strategy related to litigation expenditures concerning the civil lawsuit captioned Rotunda Group Investments, and Lynnell vs Charlotte County, Case No. 13‐438‐CA (AMEND AGR2008‐034) Requested by County Attorney

Deletion #1 ‐ P‐3 Approve a Resolution amending Resolution No. 2014‐101 establishing revisions of the eligibility criteria that is currently described in Exhibit A for the Hardship Program for low income homeowners residing within Charlotte County's water and wastewater expansion areas, such as East & West Spring Lake Wastewater Municipal Service Benefit unit (MSBU) Requested by Utilities

BOOK 72, PAGE 576 SEPTEMBER 23, 2014

Deletion #2 ‐ F‐10 Approve File #14‐445 Piggyback for RFID ‐ Library Self Check System with 3M of St Paul, MN for a total cost of $219,568 in accordance with the Lee County Annual Contract Q‐080511 RFID Equipment Requested by Community Services

Deletion #3 ‐ PH #1 ‐ Public Hearing for East Charlotte Stormwater Municipal Service Taxing Unit (MSTU) Requested by Chairman Doherty would like to reschedule at a later date.

COMMISSIONER CONSTANCE MOVED TO APPROVE CHANGES TO THE AGENDA, SECONDED BY COMMISSIONER TRUEX

MOTION CARRIED 5:0.

Proclamations

American Business Women's Day

COMMISSIONER CONSTANCE MOVED TO PROCLAIM SEPTEMBER 22, 2014 AS AMERICAN BUSINESS WOMEN'S DAY, SECONDED BY COMMISSIONER DEUTSCH MOTION CARRIED 5:0.

President of The American Business Women's Association accepted the proclamation, thanked the Board, and announced the next meeting will be held at Hurricane Charley’s on October 4, 2014 at 6:00 pm for all to attend.

National Day of Remembrance for Murder Victims

COMMISSIONER DEUTSCH MOVED TO PROCLAIM SEPTEMBER 25, 2014 AS NATIONAL DAY OF REMEMBERANCE FOR MURDER VICTIMS, SECONDED BY COMMISSIONER CONSTANCE MOTION CARRIED 5:0.

Local Works Day

COMMISSIONER CONSTANCE MOVED TO PROCLAIM OCTOBER 4, 2014 AS LOCAL WORKS DAY, SECONDED BY COMMISSIONER DEUTSCH

MOTION CARRIED 5:0.

Recovery Month

COMMISSIONER CONSTANCE MOVED TO PROCLAIM THE MONTH OF SEPTEMBER 2014 AS RECOVERY MONTH, SECONDED BY COMMISSIONER DEUTSCH

MOTION CARRIED 5:0.


A Representative thanked the Board and announced there would be a Candle Vigil Recovery Event at Gilcrest Park on September 26, 2014 from 7:00pm to 9:00pm. Rett Syndrome Awareness Month COMMISSIONER CONSTANCE MOVED TO PROCLAIM THE MONTH OF OCTOBER 2014 AS RETT SYNDROME AWARENESS MONTH, SECONDED BY COMMISSIONER DEUTSCH

MOTION CARRIED 5:0.

Representative accepted the proclamation on behalf of the Foundation and thanked girls with Rett Disorders worldwide and their families.

Employee Recognition ‐ No Items

Award Presentations

Contractor of the Year Award ‐ Presentation of the State of Florida American Public Works Association "Contractor of the Year" award for excellent work performed during the 2012 Charlotte County Paving Program

Chuck Koons, Project Engineer, Engineering Department, presented the award to Mike Horan, President of Ajax Paving Industries.

APWA Public Works Supervisor Credential ‐ Presentation to Christopher Andersch ‐ Presentation of the first Public Works Supervisor (PWS) credential by the American Public Works Association (APWA) to Christopher Andersch

Dan Quick, Director of Public Works, presented the award to Christopher Andersch and thanked him for his years of excellent service.

Combat Wounded Veteran Combat Wounded Veteran ‐ William Muldoon, PFC, US Army

Mr. Muldoon accepted the award with thanks.

CITIZEN INPUT ‐‐ AGENDA ITEMS ONLY

Bill Bigelow, Tea Party member spoke to the audit for Charlotte County Utilities (CCU), thanked the Board for requesting the audit, and asked for a Performance Audit to be done by KPMG, LLP of Tampa in the future on CCU Senior Executive Management.

Marie Labrosse, Charlotte Harbor Community Redevelopment Agency (CRA) Member thanked the Board and Staff for their involvement with Murdock Village and informed the Board of her position being up for reappointment.


Thomas Hecker thanked the Board for their support with the Charlotte Harbor Environmental Center.

George Fowler requested that the Board not support the increase in impact fees. Chair Doherty reminded Mr. Fowler that he can come back and speak at the Public Hearing later in the meeting. Scott Andrichak spoke to the recognition for the Combat Wounded Award Presentation that takes place at the Regular Meetings monthly and requested the Board acknowledge citizens when speaking by giving them time to ask the Board questions in the future.

COMMITTEE VACANCIES Chair Doherty stated the number of Committee Vacancies and requested Citizen participation. Charlotte County is seeking volunteers to serve on the following Committees:

The Marine Advisory Committee is seeking one (1) volunteer to represent the Member at Large category, with preference given to representatives from 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; 5) marine sales industry; and 6) scuba diving industry. This term is effective January 1, 2015 and shall expire December 31, 2017. This committee meets the 2nd Thursday of each month at 9:30 a.m. in Murdock. For an application form to submit with your resume, please call 941.623.1094 or email [email protected].

REPORTS RECEIVED AND FILED ‐ No Items

CONSENT AGENDA

Commissioner Constance pulled Item F4 as the road is in front of his office. Chair Doherty pulled Item F9.

COMMISSIONER TRUEX MOVED TO APPROVE CONSENT AGENDA EXCEPT FOR ITEMS F4 AND F9, SECONDED BY CHAIRMAN DOHERTY

MOTION CARRIED 5:0.

Clerk of the Circuit Court

A. Finance Division

(1) Finance

RECOMMENDED ACTION: Approve Clerk's Finance Memorandum. BUDGETED ACTION: No action needed.


B. Minutes Division

(1) Minutes

RECOMMENDED ACTION: Approve minutes for: September 4, 2014 Pre‐Agenda September 9, 2014 BCC Regular Meeting BUDGETED ACTION: No action needed.

Board of County Commissioners

C. Commission Office

(1) Appointment ‐ Northwest Port Charlotte Waterway Advisory Committee

RECOMMENDED ACTION: Appoint Roger D. Larson as a regular member to the Northwest Port Charlotte Waterway Advisory Committee for a three ‐year term from the date of appointment. BUDGETED ACTION: No action needed.

(2) Appointment ‐ Murdock Village Community Redevelopment Agency ‐ Property Owner Representative

RECOMMENDED ACTION: Appoint Ms. Marie LaBrosse to the Murdock Village Community Redevelopment Agency Advisory Committee as the Property Owner Representative for a three‐year term, effective immediately and shall expire Sept. 30, 2017. BUDGETED ACTION: No action needed.

D. Administration

(1) Canceling November 18, 2014 BCC Workshop

RECOMMENDED ACTION: Cancel the Tuesday, November 18, 2014 BCC Workshop. BUDGETED ACTION: No action needed.

(2) Add Land Use Public Hearing to December 9, 2014 BCC Meeting

RECOMMENDED ACTION: Add Land Use Public Hearing at 2 p.m. to the Tuesday, December 9, 2014 BCC Meeting. BUDGETED ACTION: No action needed.

Public Information Office‐ No Items

E. County Attorney

(1) Interlocal Agreement with the City of Punta Gorda for FEMA Coastal Risk MAP Project


RECOMMENDED ACTION: Approve an Interlocal Agreement with the City of Punta Gorda for the FEMA Coastal Risk MAP Project. BUDGETED ACTION: No action needed. Funding provided from the General Fund ‐ BCC Controlled Account, approved in the FY13/14 budget process. AGR2014‐037

F. Budget and Administrative Services

Fiscal Services

(1) Drug Abuse Trust Fund Resolution ‐ Charlotte County Sheriff's Office

RECOMMENDED ACTION: Approve a Resolution designating the Charlotte County Sheriff's Office as the recipient of the Charlotte County Drug Abuse Trust Fund grant, and approve the transfer of $25,200 from the Drug Abuse Trust Fund to the Sheriff to fund their continuing program to reduce youth substance abuse through enforcement, prevention, and intervention. BUDGETED ACTION: RES2014‐0152

(2) Crime Prevention Fund ‐ Charlotte County Sheriff's Office

RECOMMENDED ACTION: Approve budget amendment in the amount of $136,000 in connection with the closing of the Charlotte County Sheriff's Office FY13/14 budget. BUDGETED ACTION: Approve budget amendment in the amount of $136,000 in connection with the closing of the Charlotte County Sheriff's Office FY13/14 Budget. This action has a zero net effect on the Sheriff's total original adopted FY13/14 budget.

(3) Justice and Mental Health Collaboration Grant

RECOMMENDED ACTION: a) Request the Board to accept the 2014‐MO‐BX‐0018 US Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA), Justice and Mental Health Collaboration Program Grant (JMHCP) in the amount of $200,000, with Budget and Administrative Services administering the grant; and b) Approve agreement between Charlotte County and Charlotte Behavioral Health Care as the County's grant collaborative partner and provider of mental health services for the duration of this grant, and authorize the Chairman of the Board to sign the agreement; and c) Authorize the County Administrator to execute all necessary grant documents related to this grant. BUDGETED ACTION: Approve budget amendment #15‐001, in the amount of $200,000 grant funds for fiscal year 2015. The $50,000 required match will be met as follows $11,036 County budgeted administrative services, and $38,964 from our partner agencies. AGR2014‐038 Information Technology ‐ No Items

Purchasing

(4) #12‐351 Design‐Harbor Blvd Amendment #2


RECOMMENDED ACTION: a) Approve Amendment #2 to Contract #12‐351 Design‐Harbor Boulevard Improvements, with Johnson Engineering in the amount of $26,980 for a revised total amount of $552,485; and b) Authorize Chairman to sign Amendment. This is for a firm to design improvements on Harbor Boulevard within the Parkside Community Redevelopment Area. BUDGETED ACTION: No action needed. Funding from the Utility System Capital Improvement / Road Projects Debt Fund approved in CIP Parkside: Harbor Boulevard‐US 41 to Olean in the FY14 Budget Process

COMMISSIONER TRUEX MOVED TO APPROVE AMENDMENT #2 TO CONTRACT # 12‐351, SECONDED BY COMMISSIONER DUFFY MOTION CARRIED 4:0. COMMISSIONER CONSTANCE ABSTAINING

(5) #14‐354, Award, Transit Contract Drivers and Bus Washer RECOMMENDED ACTION: a) Approve award of Bid #14‐354, Transit Contract Drivers and Bus Washer, to Ameditrans, Inc., of Port Charlotte, FL, at the unit prices listed below for the term October 1, 2014, through and including September 30, 2015; and b) Authorize County Administrator to approve renewal of two (2) additional one‐year terms, at the same prices, terms, and conditions, by mutual consent. BUDGETED ACTION: Funds in the amount of $269,100 are included in the planned FY14/15 Sunshine Ride budget. Funds in the amount of $378,900 are included in the planned FY14/15 Dial‐A‐Ride budget. Total budgeted amount is $648,000. A budget adjustment of $96,000 ($48,000 General Fund) will be included in the FY14/15 Budget at the Final Public Hearing on 9/24/14.

(6) #14‐437, Award, Microsoft Enterprise License Agreement RECOMMENDED ACTION: Approve File #14‐437, Microsoft Enterprise License Agreement, for the price of $279,775.42, which this portion was awarded to Software House International (SHI) by the Florida State Contract #252‐001‐09‐1. BUDGETED ACTION: No action needed. Funding comes from the IT Budget approved in the FY14 Budget Process.

(7) #14‐426 Approve Piggyback Utility Operational Audit ‐ CCU RECOMMENDED ACTION: Approve Piggyback for File #14‐426, Utility Operational Audit for Charlotte County Utilities with KPMG LLP of Orlando, Florida, at a not‐to‐exceed amount of $249,650 for the contractual services and a not‐to‐exceed of $24,400 for the reimbursement of travel expenses, in accordance with the hourly rates established under the Florida State Contract, Management & Consulting Services #973‐000‐14‐01 with a 90 day completion time. BUDGETED ACTION: Approve Budget Amendment number BA14‐36 in the amount of $250,000.

(8) #14‐367 Signal Timing Analysis


RECOMMENDED ACTION: a) Approve ranking of firms for Request for Proposal #14‐367, Signal Timing Analysis & Implementation: 1st Florida Transportation Engineering of Punta Gorda; and 2nd DKS Associates of Tampa; and b) Approve start of negotiations; and c) Authorize the Chairman to sign the contract after completion of negotiations. This is for a traffic signal timing analysis study and implementation. BUDGETED ACTION: No action needed. Budgeted in Road Improvements and approved in CIP "Signal Timing Analysis & Implementation ‐ FDOT Transportation Improvement Program", in the FY14 budget process. Funds have been carried to FY15 in the proposed budget.

F. Budget and Administrative Services

(9) #09‐177 & 13‐159 Placida Rd Amendments RECOMMENDED ACTION: a) Approve Amendment #2 to Contract #09‐177, Placida Road Design, with Giffels‐Webster Engineers, Inc. in the amount of $269,990; and b) Approve Amendment #1 to Contract #13‐159, Placida Road (CR775)‐Roadway & Pedestrian Improvements in the amount of $177,605; and c) Authorize the Chairman to sign the Amendment. This is to incorporate CCU's utility mains into the existing design of both Contracts. BUDGETED ACTION: No action needed. Funding from CCU Connection Fee and Renewal and Replacement Funds approved in various Utility CIPs in the FY14 Budget Process

Chair Doherty requested clarification on the reclaimed water contract from staff and asked if duplication would be eliminated from the process. Commissioner Truex explained the tiebacks and inquired on the duplication process as well. Mr. Bullert, Operations Engineering Manager, CCU informed the Board that the Amendment does include some engineering for a water main that is on the north end of Placida Road connecting Rotunda West near the south end which was not in the original contract and confirmed that duplication was not a factor. COMMISSIONER TRUEX MOVED TO APPROVE #09‐177 & #13‐159 AMENDMENTS, SECONDED BY CHAIRMAN DOHERTY

Commissioner Constance asked staff to confirm if CCU was paying their portion of the roads and inquired about the design process timeframe. Terri Couture, Charlotte County Utilities Director, explained the Southwest Florida Water Management District (SWFWMD) funding and the design process.

MOTION CARRIED 5:0.

(Deletion #2) (10) #14‐445 Approve Piggyback Library Self Check System RECOMMENDED ACTION: Approve File #14‐445, Piggyback for RFID ‐ Library Self Check System with 3M of St. Paul, MN for a total cost of $219,568 in accordance with the Lee County Annual Contract Q‐080511 RFID Equipment. BUDGETED ACTION: No action needed. Funding from Capital Projects Fund approved in CIP Inventory Control Systems in the FY14 budget process.

Real Estate Services ‐ No Items


G. Community Development

(1) FP‐04‐12‐23, Myakka Pointe Unit 2 RECOMMENDED ACTION: Approve a Bond Release for Centex Homes, for Myakka Pointe Unit 2 Subdivision. Quasi‐Judicial BUDGETED ACTION: No action needed.

(2) FP‐10‐02‐01, Tuscany Isles RECOMMENDED ACTION: Approve Final Plat and Developer's Agreement for KB Home Fort Myers, LLC, for Tuscany Isles Subdivision. Quasi‐Judicial BUDGETED ACTION: No action needed. AGR2014‐039

H. Community Services

Parks and Natural Resources

(1) USDA and Charlotte County Agreement for Iguana Control RECOMMENDED ACTION: Approve and authorize the Chairman to execute a renewal agreement with the United States Department of Agriculture (USDA) to provide Iguana control in the Charlotte County portion of Boca Grande (Gasparilla Island). The MSBU Advisory Committee has requested and approved funding for this contract. BUDGETED ACTION: No action needed. Funding from the Boca Grande Streets and Drainage MSBU approved in the FY14 budget process in the amount of $71,000. AGR2014‐040

(2) CHEC's Cedar Point Environmental Center Agreement RECOMMENDED ACTION: Request the Board approve, and authorize the Chairman to sign, the attached yearly renewal contract with Charlotte Harbor Environmental Center, Inc. (CHEC) to provide environmental programs and services to Charlotte County's Cedar Point Environmental Center (Park), including workshops and guided trail walks at multiple facilities, wading trips, youth programs, etc. BUDGETED ACTION: No action needed ‐ Amount Budgeted in Proposed FY15 is $32,400 in the Community Services, Environmental Lands Management account. AGR2014‐041 Recreation ‐ No Items

Libraries and Historical ‐ No Items

I. Economic Development ‐ No Items

J. Facilities Construction and Maintenance‐ No Items

K. Human Resources ‐ No Items

L. Human Services‐ No Items


M. Public Safety ‐ No Items

N. Public Works

(1) Mosquito Control Contractual Agreement with FDA RECOMMENDED ACTION: Request the Board approve and authorize the Chairman to sign the attached Contractual Services Agreement for Mosquito Control with the Florida Department of Agriculture and Consumer Services. BUDGETED ACTION: No action needed. AGR2014‐042

(2) Florida Highway Beautification Council Grant Application RECOMMENDED ACTION: Request that the Board of County Commissioners adopt a Resolution approving the submittal of a grant application to the Florida Department of Transportation (FDOT). The application is to request funding assistance in the amount of $100,000.00 to landscape the intersection of SR 776 / US 41. The grant will require an equal County match. BUDGETED ACTION: No action needed. If the grant is awarded by FDOT a budget adjustment will be completed along with the grant acceptance. The County match portion will be supplied from Native Tree funds and the Transportation Trust Fund. RES2014‐153

O. Tourism Development ‐ No Items

P. Utilities

(1) SWFWMD Grant for Burnt Store Wellfield Study

RECOMMENDED ACTION: Authorize staff to apply to Southwest Florida Water Management District (SWFWMD) for $60,000 in matching funds to be received in FY 2016 to continue the Burnt Store Groundwater Wellfield Study. SWFWMD approved partial funding of the study for 2015. BUDGETED ACTION: No action needed. This is for the FY16 budget cycle and if awarded will be added to the CIP budget for that fiscal year.

(2) CCU & SWFWMD ‐ Matching Funds Reclaimed Water Project Phase 3

RECOMMENDED ACTION: Authorize staff to apply to Southwest Florida Water Management District (SWFWMD) for $2,102,000 in matching funds to be received in FY 2016 to continue the Charlotte County Reclaimed Water Expansion. SWFWMD approved partial funding of phase 3 in 2014. BUDGETED ACTION: Funding from Renewal and Replacement Fund approved in CIP Reclaimed Water Expansion Phase III.


(Deletion #1) (3) Revise Hardship Resolution

RECOMMENDED ACTION: Approve a Resolution amending Resolution No. 2014‐101 establishing revisions of the eligibility criteria that is currently described in Exhibit A for the Hardship Program for low income homeowners residing within Charlotte County's water and wastewater expansion areas, such as East & West Spring Lake Wastewater Municipal Service Benefit Unit (MSBU). BUDGETED ACTION: No action needed. Funding from Utilities System Operating Fund in the FY15 Budget Process.

Q. Other Agencies ‐ No Items

R. Regular Agenda

(1) Commission Office Appoint by Ballot ‐ Murdock Village Community Redevelopment Agency Advisory Committee Member at Large RECOMMENDED ACTION: Choose by ballot one member to serve as the Member at Large representative on the Murdock Village Community Redevelopment Agency Advisory Committee. Administrator Sandrock announced the tally of votes were five (5) for Alice Esposito.

COMMISSIONER CONSTANCE MOVED TO APPROVE ALICE ESPOSITO AS THE MEMBER AT LARGE REPRESENTATIVE FOR THE MURDOCK VILLAGE COMMUNITY REDEVELOPMENT AGENCY ADVISORY COMMITTEE, SECONDED BY CHAIRMAN DOHERTY

MOTION CARRIED 5:0.

(Addition #1) (2) County Attorney RECOMMENDED ACTION: ‐ No Action Needed Set an Executive Session for September 23, 2014 at 1:30 pm in the Charlotte County Attorney's Office Conference Room to discuss settlement negotiations and strategy related to litigation expenditures concerning the civil lawsuit captioned Weiler Engineering, Inc. and 1775, LLC v. Charlotte County, Case No 12‐3940‐CA. Attorney Knowlton requested an Executive Session be added at 1:30 pm for Weiler Engineering, Inc. and 1775, LLC v. Charlotte County.

COMMISSIONER CONSTANCE MOVED TO APPROVE SETTING AN EXECUTIVE SESSION FOR SEPTEMBER 23, 2014 AT 1:30 PM IN THE CHARLOTTE COUNTY ATTORNEY'S OFFICE CONFERENCE ROOM TO DISCUSS SETTLEMENT NEGOTIATIONS AND STRATEGY RELATED TO LITIGATION EXPENDITURES CONCERNING THE CIVIL LAWSUIT CAPTIONED WEILER ENGINEERING CASE NO 12‐3940‐CA, SECONDED BY COMMISSIONER TRUEX

MOTION CARRIED 5:0.


(Addition #2) (3) Community Services RECOMMENDED ACTION: No Action Needed. Approve and authorize the Chairman to sign the Second Amendment to the Stadium Lease Agreement between Charlotte County and Ripken‐Rays Florida Baseball LLC. AMEND AGR2008‐034

Tommy Scott, Community Service Director, explained in detail the extension portions of the contract.

COMMISSIONER TRUEX MOVED TO APPROVE AND AUTHORIZE THE CHAIRMAN TO SIGN THE SECOND AMENDMENT AMEND AGR2008‐034 TO THE STADIUM LEASE AGREEMENT BETWEEN CHARLOTTE COUNTY AND RIPKEN‐RAYS FLORDIA BASEBALL LLC., SECONDED BY COMMISSIONER CONSTANCE

MOTION CARRIED 5:0. (Addition #3) (4) County Attorney Set an Executive Session for September 23, 2014 at 1:45 pm or immediately following the Executive Session in another matter, already scheduled for the same date at 1:30pm in the Charlotte County Attorney’s Office Conference Room to discuss settlement negotiations and strategy related to litigation expenditures concerning the civil lawsuit captioned Rotunda Group Investments, and Lynnell vs Charlotte County, Case No. 13‐438‐CA (AMEND AGR2008‐034) County Attorney Knowlton advised the Board that the sessions will take about fifteen (15) each. COMMISSIONER TRUEX MOVED TO APPROVE AN EXECUTIVE SESSION FOR SEPTEMBER 23, 2014 AT 1:45 PM FOR THE ROTUNDA GROUP INVESTMENTS, AND LYNNELL VS CHARLOTTE COUNTY CASE NO. 13‐438‐CA. MOTION CARRIED 5:0. RECESS: 9:45 am – 10:02 am

PUBLIC HEARING AGENDA ‐ 10:00 A.M. Public Hearing

(Deletion #3) (1) Budget and Administrative Services Public Hearing for East Charlotte Stormwater Municipal Service Taxing Unit (MSTU) conduct a public hearing on September 23, 2014, at 10:00 a.m. or soon thereafter as may be heard, to consider approving an Ordinance creating the East Charlotte Stormwater Municipal Service Taxing Unit (MSTU). (2) County Attorney Ordinance extending the suspension of non‐transportation impact fees Conduct a public hearing on Tuesday, September 23, 2014, at 10:00 a.m., or as soon thereafter as may be heard, to consider approving an Ordinance extending the temporary suspension of all non‐transportation impact fees. ORD2014‐025

County Attorney Knowlton explained the need to discuss the proposed Ordinance related to its Sunset Date.


Commissioner Truex spoke to the changes, credit considerations, and suggested approving the extension. COMMISSIONER TRUEX MOVED TO APPROVE ORDINANCE 2014‐025 EXTENDING THE SUSPENSION OF NON‐TRANSPORTATION IMPACT FEES, SECONDED BY CHAIR DOHERTY

Chair Doherty requested clarification on dates for the timeline and mentioned upcoming workshops where the impact fees will be discussed further.

Dan Gallagher, Assistant County Attorney, provided detail related to the extension process and timeline.

Commissioner Truex withdrew his Motion until the Public Hearing. Public Hearing: Mr. Fowler spoke to the extension for impact fees and said impact fees can help new construction to continue and flourish. Scot Andrichak asked the Board to support the extension of impact fees in hopes of new businesses locating to Charlotte County, gave examples of potential new businesses not coming here because our fees are too high, and requested taxes be cut and not regulated.

William Bigelow, Tea Party Member, informed the Board of an audit Sarasota County requested from Lafer and Associates resulting in them making changes to the Ordinances in order to bring in ongoing large contracts at the present time and to start economic growth.

COMMISIONER CONSTANCE MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY COMMISSIONER TRUEX MOTION CARRIED 5:0. COMMISSIONER DUFFY MOVED TO APPROVE ORDINANCE 2014‐025 AMENDING ORDINANCE 2012‐024 WHICH TEMPORARILY SUSPENDED CERTAIN IMPACT FEES, BY EXTENDING THE AUTOMATIC SUNSET DATE OF THE ORDINANCE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE OF APRIL 27, 2015, SECONDED BY COMMISSIONER TRUEX

Chair Doherty thanked staff for all their work in providing the Board with a timeline for the impact fees and said he is looking forward to setting the fees correctly in the future after careful evaluation. Commissioner Deutsch expressed his view on the impact fees being a hardship and would look at the changes, but would not support the item; if he is not comfortable. Commissioner Constance spoke to his support for the extension, but pointed out the burden cannot fall onto the taxpayers if the impacts are not put back in the system. Commissioner Duffy remarked that impact fees need to be put back into place for community growth and gave details of where cut backs were made. Commissioner Truex spoke to the system being flawed for impact fees, explained what fees are created from impact fees, where the fees should go from the impact fees, and suggested replacing the current system with a new one.


MOTION CARRIED 5:0.

(Change #1) PRESENTATION AGENDA: 10:00 am

(1) Health of the Gulf Presentation by Dr. Hogarth regarding a Comprehensive Update of the “Health of the Gulf” and the research being done since the BP Oil Spill.

Commissioner Constance introduced Dr. Hogarth and gave a brief background on his research.

Dr. Hogarth provided detailed information on the research done since the BP Oil Spill; including offshore drilling, Federal Government funding, existing oil, gas facilities, impacts of dispersants, fish washing up on shores with lesions, life cycle of fish, showed the allocation of funds between the states, grant research, and extended an invitation to visit their Research Exhibit on October 1, 2014 from 10:00 am to 2:00 pm.

Commissioner Constance thanked Dr. Hogarth for his presentation and ongoing support.

RECESS: 11:30 am – 1:30 pm


SEPTEMBER 23, 2014

Executive Sessions were held at the Murdock Administrative Complex in Commission Chambers, Room

119, Port Charlotte, Florida. The following members were present: Chair Doherty, Commissioner Duffy,

and Commissioner Truex. Also in attendance were: County Attorney Knowlton, Minutes Clerk Greene,

and Minutes Clerk Russo.

Called to Order at 1:31 pm.

The opening of the public portion of the Executive Session(s) were announced. County Attorney Janette

Knowlton informed the attorney/client portion of the Executive Session(s) would be held in the County

Attorney’s Conference Room.

County Attorney Knowlton advised the purpose of the 1:30 pm Session is to discuss the lawsuit

captioned Weiler Engineering, Inc. and 1775 LLC v. Charlotte County, Case No. 12‐3940‐CA, and stated

the following would be in attendance: Chair Doherty, Commissioner Constance, Commissioner

Deutsch, Commissioner Duffy, Commissioner Truex, County Administrator Sandrock, County Attorney

Knowlton, Assistant County Attorney Fairman, and Assistant County Attorney Tetrault, noted the

Session was expected to last approximately fifteen (15) minutes and announced the lawsuit captioned


Rotunda Group Investments and Lynnell v. Charlotte County, Case No. 13‐438‐CA would be discussed

immediately following the conclusion of the previous lawsuit, indicated the participants would include:

Chair Doherty, Commissioner Constance, Commissioner Deutsch, Commissioner Duffy, Commissioner

Truex, County Administrator Sandrock, and County Attorney Knowlton, and noted the Session was

expected to last approximately fifteen (15) minutes.

EXECUTIVE SESSION RECESS: 1:32 pm – 1:42 pm (Case No. 12‐3940‐CA)

EXECUTIVE SESSION RECESS: 1:45 pm – 1:55 pm (Case No. 13‐438‐CA)

Executive Session(s) were reconvened and closed in Room 119 with Chair Doherty, Commissioner

Deutsch, Commissioner Duffy, Commissioner Truex, County Attorney Knowlton, County Administrator

Sandrock, BCC Executive Assistant Stoner, Minutes Supervisor Lansing, Minutes Clerk Greene, and

Minutes Clerk Russo present.

ADJOURNED: 2:02 pm 2:00 pm ‐ Land Use Public Hearing (Minutes Clerk Greene replaced Minutes Supervisor Lansing for the remainder of the Meeting)

(1) PA‐14‐04‐06‐LS, Revisions to the County's Comprehensive Plan Community Development Approve ordinances adopting Petition PA‐14‐04‐06‐LS,a large scale plan amendment to amend the Future Land Use (FLU) Element, Natural Resources (ENV) Element, Coastal Planning (CST) element, FLU Appendix I: Land Use Guide and FLU Appendix III, Definitions; Petition No.PA‐14‐04‐06‐LS; Applicant: Charlotte County Board of County Commissioners; Countywide. Legislative ORD2014‐026, ORD2014‐027, ORD2014‐028, ORD2014‐029, ORD2014‐030 (XREF: ORD2010‐033, ORD 2008‐002, ORD2007‐020, ORD2005‐001)

Ty Harris, Community Development Director, stated Final Agency Comments were received August 12, 2014, listed options available to the Board, described three (3) areas of change to the Transmittal Package including nutrient runoff, biofuel generation, and wetlands, explained the reasoning for the changes, indicated the Adoption Package accomplishes Board goals of Home Rule, removal of regulatory language from the planning document, and removal of duplicative regulations, detailed discussions with Florida Fish and Wildlife Conservation Commission (FWC) related to Wetland Buffers and incentives, noted the proposed changes related to the Transfer of Density Units (TDU) does not affect the current TDU Ordinance in effect, commented on the Friends of Cape Haze Settlement Agreement, advised that the Friends of Cape Haze and Conservancy of Southwest Florida sent correspondence the previous Thursday and Friday, mentioned the response packet was given to the Board the previous day for review, and provided a copy for the record.

Commissioner Duffy thanked Mr. Harris for his hard work and asked that Jie Shao, Planner III, be recognized for her work. Chair Doherty questioned the format required to be followed for each Ordinance and asked if a single Public Hearing would suffice as there are a total of five (5) proposed Ordinances.


County Attorney Knowlton affirmed one (1) Public Hearing was sufficient for the proposed Ordinances and indicated each Ordinance would require a Motion for adoption.

Debra Highsmith, Conservation Chair of the Greater Charlotte Harbor Sierra Group, indicated she concurred with comments provided to the Board by the Conservancy of Southwest Florida dated September 19, 2014 and the Friends of Cape Haze comments provided via e‐mail September 18 and 19, 2014, stated the Board has a responsibility to Charlotte County Citizens to protect their natural resources, suggested that the Scrub Jay Habitat Conservation Program may no longer be consistent with the Comprehensive Plan if the changes are adopted, spoke to the letters received from the Southwest Florida Water Management District (SWFWMD), FWC, and Lee County regarding Wetlands, Wildlife Corridors, Urban Service Area Expansion, and Flood Plain Protection Policy, opined the comments received were related to the Comprehensive Plan; opposed to the Land Development Regulations (LDRs), and remarked that appropriate changes, based on the comments received, should be considered otherwise there would be the ability to challenge the Amendment after adoption.

Attorney Ralf Brooks, representing Conservancy of Southwest Florida, Inc. and Sierra Club, Inc with the Greater Charlotte Harbor Sierra Club Chapter in Charlotte County, advised he has not received staff responses to correspondence sent the previous week, commented that Citizens may not have fully understood that Ordinance adoption was to take place at the Meeting, expressed concern that the Public Notice does not meet all required guidelines, noted the ability to challenge the Amendment after adoption, opined the comments raised by other Agencies have not been adequately addressed, spoke to sheet flow traveling south into Lee County, mentioned Lee County Boca Grande residents would be affected by the changes in density in the Coastal High Hazard area, remarked on Wetland Buffer Zones, discussed science included in the Southwest Florida Conservancy letter, stated 100 feet is not a sufficient width for Wildlife corridors, and provided information to be entered into the record.

Julieanne Thomas, Conservancy of Southwest Florida, mentioned that she was unaware that a response to their emails had been prepared, stated internal inconsistencies are being created with the proposed Amendment, opined Agency comments have not been addressed; which will cause a basis for a challenge to the Amendment after adoption, spoke to the Urban Service Areas and the Rapid Density Program, questioned the reasoning for differing treatment of certain types of non‐residential uses, remarked on stricken rules for the Rural Settlement Area Overlay District, expressed concern with the Site Plan Review Policy, and expressed concern with the changes to the Coastal High Hazard area and hurricane evacuation times.

Attorney Geri Waksler congratulated staff for the proposed Amendment to the Comprehensive Plan, stated the Amendment protects the entire Community's interests, commented on the TDU language included, and urged Board approval.

Andy Dodd, Agriculture and Natural Resources Advisory Committee (ANRAC) Chairman, complimented the Board and staff for the work done related to the Comprehensive Plan Revision, spoke to the FLU Nutrient Runoff Policy, indicated the proposed changes are consistent with suggestions offered by ANRAC, thanked Ms. Shao specifically for her work, and asked that the Board approve the Amendment.

Chair Doherty called Gary Bayne to speak and noted he was supportive of the Ordinance.


Todd Rebol provided congratulatory remarks to the Board and staff for the direction of the Comprehensive Plan Amendment and recommended Board approval.

Bill Bigelow, Punta Gorda Tea Party Board Member, opined the Comprehensive Plan, Charlotte County Codes and Ordinances are inhibiting development and expansion in the local economy, stated the Wildlife Corridor Policy would have a continued significant negative impact on the County due to the required land purchases for interconnecting preservation land corridors around the County, commented on the amount of County land mass owned by the County and potential increases, remarked that Environmentalists would then target agricultural mines and commercial fishing, noted those industries are big economic contributors to the County, asked that the Wildlife Corridor Policy be stricken from the Comprehensive Plan, requested the Board opposed the proposed Scrub Jay Agreement, and recommended a Resolution be adopted to show that the County would not support future land purchases that would remove additional properties from the Charlotte County Tax Roll.

Attorney Rob Berntsson, Big W Law Firm, stated he was Board Certified in City, County, and Local Government Law, expressed his support for the proposed Comprehensive Plan Amendment, commented on opposition received for Transmittal, noted only minor changes were received, congratulated staff and the Board, and advised that Babcock Ranch supports the proposed Comprehensive Plan Amendment.

COMMISSIONER DUFFY MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY COMMISSIONER TRUEX

MOTION CARRIED 5:0.

Mr. Harris stated the Conservancy of Southwest Florida and Friends of Cape Haze letters were received late on the previous Thursday and Friday, read the Lee County letter into the record for understanding, explained that Lee County provided a comment letter regarding TDU, the Urban Service Areas, and increasing density in the Coast High Hazard Area, noted discussions and Lee County understanding that the proposed changes were specific to the Placida Revitalization Area, indicated the Department of Economic Opportunity (DEO) did consider the Lee County letter in its response, advised that there were no changes to any maps or Urban Development Boundary, said the Scrub Jay land is outside of the Urban Service Boundary therefore no impacts are made, clarified the scope of Agency review, and mentioned FWC comments received regarding Wetlands were requested by staff for guidance. County Attorney Knowlton questioned if the subsequent letters were included in the Board packet. Commissioner Deutsch questioned land purchases related to the Scrub Jay Agreement and stated his understanding of the Agreement, asked that a copy of the staff response be provided to the Conservancy of Southwest Florida and Friends of Cape Haze groups, noted the importance of the intent to protect the integrity of property owners and the ecological balance of the Community, spoke to his preference for protection of constitutional rights of self‐determination of property, commented on the movement of Density Units, and expressed his support for the Amendment. Commissioner Duffy noted the obligation to provide Charlotte County Citizens protection of property owner rights, mentioned the importance to protect the environment, stated the Comprehensive Plan Amendment fulfills the required obligations, and affirmed her support for staff recommendation of approval. Chair Doherty expressed his appreciation for staff and all that participated in the Comprehensive Plan Amendment process, stated the Amendment allows the Comprehensive Plan to be balanced properly with the LDRs, opined


Regulations should not be included within the Comprehensive Plan, mentioned his review of all correspondence and responses, and confirmed his support. Commissioner Truex commented on the time taken by Board Members to become involved at the State level for support of Local Rule, noted a more flexible approach is needed, indicated the Comprehensive Plan provides the flexibility for adaptation, and stated Regulations do not belong within the Comprehensive Plan. Commissioner Constance expressed his preference for local control and Home Rule.

Mr. Harris affirmed the inclusion of the subsequent letters in the Board packet and stated he would provide the response if the Representative Attorney requested the information. Assistant County Attorney Joshua Moye noted some requirements of voluntary land purchases for the Scrub Jay Agreement.

COMMISSIONER TRUEX MOVED TO APPROVE ORDINANCE 2014‐026 PURSUANT TO SECTION 163.3184(3), FLORIDA STATUTES, AMENDING THE GOALS, OBJECTIVES AND POLICIES (GOPS) OF THE FUTURE LAND USE (FLU) ELEMENT OF CHARLOTTE COUNTY'S COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE, SECONDED BY CHAIR DOHERTY

MOTION CARRIED 5:0.

COMMISSIONER TRUEX MOVED TO APPROVE ORDINANCE 2014‐027 PURSUANT TO SECTION 163.3184(3), FLORIDA STATUTES, AMENDING FLU APPENDIX I: LAND USE GUIDE OF CHARLOTTE COUNTY'S COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE, SECONDED BY COMMISSIONER DEUTSCH

MOTION CARRIED 5:0.

COMMISSIONER TRUEX MOVED TO APPROVE ORDINANCE 2014‐028 PURSUANT TO SECTION 163.3184(3), FLORIDA STATUTES, AMENDING FLU APPENDIX III: DEFINITIONS OF CHARLOTTE COUNTY'S COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE, SECONDED BY COMMISSIONER DEUTSCH

MOTION CARRIED 5:0.

COMMISSIONER TRUEX MOVED TO APPROVE ORDINANCE 2014‐029 PURSUANT TO SECTION 163.3184(3), FLORIDA STATUTES, AMENDING THE GOALS, OBJECTIVES AND POLICIES (GOPS) OF THE NATURAL RESOURCES (ENV) ELEMENT OF CHARLOTTE COUNTY'S COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE, SECONDED BY CHAIR DOHERTY

MOTION CARRIED 5:0.

COMMISSIONER TRUEX MOVED TO APPROVE ORDINANCE 2014‐030 PURSUANT TO SECTION 163.3184(3), FLORIDA STATUTES, AMENDING CST POLICY 3.2.5 OF THE COASTAL PLANNING (CST) ELEMENT OF CHARLOTTE COUNTY'S COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE, SECONDED BY COMMISSIONER DUFFY

MOTION CARRIED 5:0.


(2) Earthmoving Code Community Development Conduct a public hearing to adopt an Ordinance amending Part III Land Development and Growth Management, Chapter 3‐5 of the Code of Laws and Ordinances of Charlotte County, Florida, by deleting Article XXI Excavations and Article XXIII Excavation and Earthmoving, in their entirety, and creating new Article XXIII Earthmoving; providing for applicability and definitions; providing for nonconformities; providing for exemptions; providing for general location and operation standards; providing for standard earthmoving and construction permits; providing for specific earthmoving permits; providing for specific earthmoving permit application requirements; providing for conflict with other ordinances; providing for severability; and providing an effective date. Applicant: Charlotte County Board of County Commissioners. Legislative ORD2014‐031 (XREF: RES2010‐036, RES2003‐024, ORD2013‐024, ORD2013‐003, ORD2010‐026, ORD2009‐040, ORD2007‐091)

Elizabeth Nocheck, Planner II, provided details and a historical overview of the item, noted five (5) major changes were reviewed during roundtable discussions including elimination of the Hearing Examiner for permit approval, amending hours of operation for excavation activities (with no Consensus reached during the roundtable meetings), amending the requirements to retain all excavated material on‐site for Agricultural Ponds; amending requirements for County notification regarding Agricultural Ponds (with no Consensus reached during the roundtable meetings), amending the Commercial Excavation Permit Renewal process (with no Consensus reached during the roundtable meetings); and indicated that both the Planning and Zoning Board (PNZ) and staff recommend approval.

Commissioner Deutsch posed questions related to the removal of the scale requirement including safety, monitoring the amount of material, and overloading of trucks, and noted that if the scales are removed; then material verification cannot be made. Commissioner Duffy noted the original intent to generate revenue to cover road damage. Commissioner Truex spoke to fill dirt and moisture related to the amount of material loaded into trucks and opined the likelihood of overloading is slim as he is not aware of any truck driver that would risk flipping over their equipment.

Joanne Vernon, County Engineer, affirmed State regulations regarding truck weight, indicated staff was not available to be present at every site to ensure truckloads comply, stated consumers purchase material by the yard, noted staff recommendation to allow the State to continue regulating truckload weight, and mentioned the dollar ($1.00) per truckload charge assists with road maintenance costs.

Debra Highsmith listed original Board reasons for re‐visitation of the Earthmoving Ordinance including taxpayer cost burden, non‐compliant mines, mine administration costs, bonding to be commensurate with actual reclamation, tax reclassification as Commercial Intensive (CI), and the closure of loopholes in projects, noted the history of discussions, addressed Soil Boring Reports, mentioned the Tuscany Isles Lake, opined the Lake had clearly dug through the confining layer, requested that a minimum of three (3) soil borings be required for plain definition, and expressed her preference for the confining layer not be punctured.

Attorney Ralf Brooks, Representative for the Conservancy of Southwest Florida and the Sierra Club, Inc. Greater Charlotte Harbor Sierra Club Chapter, stated the Non‐Conformities Section of the Ordinance is inconsistent with the Comprehensive Plan, mentioned staff acknowledges the inconsistency, spoke to the Watershed Overlay protecting Shell Creek and Prairie Creek, and indicated their opposition to the


section that allows non‐conforming mines to expand or renew without going through the same process for other mines.

Julieanne Thomas, Conservancy of Southwest Florida, stated that if the Board adopts the Section that is inconsistent with the Comprehensive Plan; then a letter would be sent to DEO to request a Hearing and mentioned changes should first be made to the Comprehensive Plan then the LDR's.

Attorney Geri Waksler, McCrory Law Firm, on behalf of DM Construction, Bermont Road Partnership, R & D Cattle Ranch LLC, and Southwest Land Developers, commended staff for work conducted, expressed her preference in approval related to the allowance of excavation permit renewals, stated their understanding for compliance, new regulations, and new fees in order for permit renewal, stated there are few areas left for new mine approval within the County, noted the significant impact to the economy, and urged Board approval.

Andy Dodd, ANRAC Chair, complimented Ms. Vernon on her work, stated their support of the Ordinance, and recommended Board approval.

Gary Bayne, Southwest Engineering, representing Orange Cove, R & D Cattle Ranch LLC, Southwest Land Developers, Bermont Road Partnership, George and Christie Davis with DM Construction, Southwest Aggregates, and RBI LLC, thanked Ms. Vernon for her work, indicated the proposed Ordinance eliminates redundancies, commented on money invested into properties related to permit renewals, spoke to scales and protection of consumers, stated the Florida Department of Transportation (FDOT) regulates truckload weight with scales, and suggested if truckloads were to be enforced by the County; concrete and citrus trucks should be included in addition to excavation material truckloads.

Todd Rebol, Banks Engineering, spoke to excavation and dirt fill costs, opined as demand increases; regulation should properly occur versus past Board action, and urged Board approval.

Attorney Rob Berntsson, Big W Law Firm, remarked on the amount of work conducted for Ordinance completion, stated his support for all staff recommendations, listed examples of dirt fill availability that lowered overall project costs, and spoke to the threat of challenge against the adoption of the Ordinance.

COMMISSIONER TRUEX MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY COMMISSIONER CONSTANCE

MOTION CARRIED 5:0.

Commissioner Constance asked why the Soil Boring Section was removed from the Ordinance, questioned assessment techniques for a breach of the confining layer, inquired if there was a depth limitation for Agriculture Ponds, agreed for three (3) soil borings to be set as the minimum, requested a map of Mid‐Charlotte County depicting current mine locations, noted the existence of a large area of mines to access those that do not border Watersheds, opined he defines material removed from a property after the formation of an Agricultural Pond as operating as a mine, and expressed his opposition to the recommended conclusion. Commissioner Truex explained information he receives within soil boring reports and suggested a minimum of three (3) soil borings be included in the Ordinance. Commissioner Duffy inquired if a soil boring was the only way to determine the depth of


the confining layer, questioned related costs, expressed her agreement with the required minimum being amended to three (3), noted past Board action related to excavation, opined existing mines should be able to finish their permits, and provided an example of a farm project where the excavated material was given away. Ms. Vernon stated roundtable discussions approved the included Soil Boring Report, affirmed three (3) soil borings could be the required minimum, explained that the Agricultural Pond depth limit was two (2) feet above the confining layer, and indicated the costs associated with soil borings were not exorbitant. Shaun Cullinan, Planning and Zoning Official, explained the reasoning used by staff to move forward with the Ordinance as it would be inconsistent with the Comprehensive Plan and noted the inclusion of a severability clause. County Attorney Knowlton advised that the Motion would include minimum soil borings to be amended to three (3).

COMMISSIONER DUFFY MOVED TO APPROVE ORDINANCE 2014‐031 AMENDING PART III LAND DEVELOPMENT AND GROWTH MANAGEMENT, CHAPTER 3‐5 OF THE CODE OF LAWS AND ORDINANCES OF CHARLOTTE COUNTY, FLORIDA, BY DELETING ARTICLE XXI EXCAVATIONS AND ARTICLE XXIII EXCAVATION AND EARTHMOVING, IN THEIR ENTIRETY, AND CREATING NEW ARTICLE XXII EARTHMOVING; PROVIDING FOR APPLICABILITY AND DEFINITIONS; PROVIDING FOR NONCONFORMITIES; PROVIDING FOR EXMEPTIONS; PROVIDING FOR GENERAL LOCATION AND OPERATION STANDARDS; PROVIDING FOR STANDARDS EARTHMOVING AND CONSTRUCTION PERMITS; PROVIDING FOR SPECIFIC EARTHMOVING PERMITS; PROVIDING FOR SPECIFIC EARTHMOVING PERMIT APPLICATION REQUIREMENTS; PROVIDING FOR CONFLICT WITH OTHER ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE, SECONDED BY COMMISSIONER TRUEX

Commissioner Duffy reaffirmed that her Motion included the revision to the Soil Borings Section. Board discussion ensued related to grandfathering practices, not inflicting undue burden, flexibility to allow existing permit renewals, and inspection fees to be addressed in a future Resolution.

Ms. Vernon indicated existing mines would be able to request a renewal once the Comprehensive Plan is amended. Mr. Cullinan affirmed staff was already addressing the issue. MOTION CARRIED 3:2. COMMISSIONER CONSTANCE AND COMMISSIONER DEUTSCH DISSENTING.

RECESS: 3:54 pm ‐ 4:01 pm

(3) Landscaping and Buffers Code Community Development Conduct a public hearing to adopt an Ordinance amending Part III Land Development and Growth Management, Chapter 3‐5, Article XVIII Landscaping and Buffers, of the Code of Laws and Ordinances of Charlotte County, Florida, by revising Section 3‐5‐397 Planting Standards. Legislative ORD2014‐032

Ms. Nocheck provided details of the item, explained staff recommendations, and indicated both PNZ and staff recommend approval.


Chair Doherty called Todd Rebol to speak, noted he was absent, and indicated his support of Ordinance approval.

County Attorney Knowlton stated Rob Berntsson indicated he submitted his speaker card in support of the Ordinance as proposed.

COMMISSIONER DUFFY MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY COMMISSIONER TRUEX

MOTION CARRIED 4:0. COMMISSIONER CONSTANCE ABSENT.

COMMISSIONER TRUEX MOVED TO APPROVE ORDINANCE 2014‐032 AMENDING PART III LAND DEVELOPMENT AND GROWTH MANAGEMENT, CHAPTER 3‐5, ARTICLE XVIII LANDSCAPING AND BUFFERS, OF THE CODE OF LAWS AND ORDINANCES OF CHARLOTTE COUNTY, FLORIDA BY REVISING SECTION 3‐5‐397 PLANTING STANDARDS; PROVIDING FOR CONFLICT WITH OTHER ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, SECONDED BY CHAIR DOHERTY

MOTION CARRIED 5:0.

CITIZEN INPUT ‐ ANY SUBJECT

Scott Andrichak spoke to the Charlotte County Utility (CCU) $2 million dollar Grant Application for Spring Lake Residents, questioned if the Board read the information included in the Application, noted he was unaware that Spring Lake Residents were required to clean the Peace River, provided CCU Lab Reports related to pollution in the Spring Lake Area, indicated the Reports show no pollution, stated his understanding of pollution reduction by digging up grassy swales; not septic tanks, opined if CCU Director Terri Couture remained in office; an embarrassment of the Board would continue, and commented on the genuine heroicness of Mr. Muldoon related to his defense of the Constitution.

AA. County Administrator:

County Administrator Sandrock stated the final bore of the Us 41 Micro‐tunneling Project was completed at 1:16 pm, commented that the next phase included construction of the weirs, mentioned the past residential roof permitting Building and Construction Services (BCS) Workshop held, and advised the November 13, 2014 BCS Workshop would be related to windows, shutters, and doors.

BB. County Attorney: None.

CC. Commissioner Comments:

Commissioner Constance provided an update regarding the Gulf Consortium Meeting he attended including: Restoration Council, Treasury Interim Rules for money distribution and Pot 1 Money, and Trans Ocean Settlement money distribution, indicated Florida Department of Environment Protection (FDEP) and FWC would be receiving $5 million dollars and planned to choose five (5) Projects with a focus on shovel ready projects, noted the Florida Association of Counties (FAC) General Counsel Ginger


Delegal replaced Doug Darling as Interim Manager, stated he would be requesting a letter of endorsement from the Board for an Elector position in the Executive Committee, mentioned the Public Safety Committee Meeting, discussions related to the legalization of medical marijuana, and ramifications of Amendment 2 passage, suggested the Board adopt a Resolution opposing endorsement of Amendment 2 for public health reasons, recommended the Charlotte County Sheriff make a presentation regarding medical marijuana at the October 14, 2014 Regular BCC Meeting, spoke to options related to limitation of medical marijuana supply if Amendment 2 is approved, expressed his preference to ensure the Board prohibits any business activities relating to medical marijuana within the County borders, and agreed to receive additional information related to the expansion of the Surveying Contract. Commissioner Truex stated project submission deadlines should be watched closely, affirmed that FDEP and FWC would show preference to shovel ready and regional projects, suggested projects including Stump Pass and Water Quality issues, expressed his appreciation for attending the meeting, commented on poor language included within Amendment 2, questioned his ability to maintain a drug free workplace if Amendment 2 passes, stated the County could have extended liability with the approval of Amendment 2, and agreed with receiving additional information related to the expansion of the Surveying Contract for the changes to FEMA maps. Commissioner Duffy expressed her preference for receiving additional information related to Amendment 2 and the legalization of medical marijuana and questioned the status of Chair Doherty's work to schedule a meeting with the Legislators. Commissioner Deutsch suggested the Board endorse Commissioner Constance for an Executive Committee position. Chair Doherty stated his consideration to attend the upcoming Legislative Conference in Tampa, noted Commissioner Constance and Commissioner Truex would be attending, suggested the Agenda be reviewed for maximum attendance, indicated Senator Nancy Detert and Senator Bill Galvano are unable to schedule a meeting prior to the overall Legislative Delegation meeting, noted the Survey Contract approved does not cover the entire populated area of the County, and questioned if County Administrator Sandrock could meet with staff to discuss costs for expansion of the Contract; noting the difficulty posed to builders working with two (2) sets of data.

ADJOURNED: 4:34 pm ________________________________________ Ken Doherty, Chair DATE ADOPTED: ____________________________ ATTEST: BARBARA T. SCOTT, CLERK OF THE CIRCUIT COURT AND EX‐OFFICIO TO THE BOARD OF COUNTY COMMISSIONERS By: ___________________________________ Deputy Clerk



OCTOBER 14, 2014

A Regular meeting was held at the Murdock Administrative Complex in Room 119, Port Charlotte, Florida. Members present were: Chair Doherty, Commissioner Constance, Commissioner Deutsch, Commissioner Duffy, Commissioner Truex, County Administrator Sandrock, County Attorney Knowlton, Chief Deputy Board Services White, Minutes Supervisor Lansing, and Minutes Clerk Russo. The following members were absent: None The meeting was called to order at 9:00 am. Invocation was given by Commissioner Truex, followed by Pledge of Allegiance. Changes to the Agenda Change #1: C3 ‐ Added applications attachment for Advisory Committee. Requested by Commission Office Change#2: D1 ‐ Reschedule the Thursday, November 20, 2014 Pre‐Agenda Meeting to Monday, November 24, 2014 at 1:30 pm in B106 Requested by Commission Office Change #3: D2 ‐ Reschedule the Thursday, December 4, 2014 Pre‐Agenda Meeting to Monday, December 8, 2014 at 1:30 pm in B106 Requested by Commission Office Deletion #1: R2 ‐ Approve BCC Executive Assistant, Joann Dillon's annual performance evaluation. Requested by Commission Office Deletion #2: R3 ‐ Approve BCC Executive Assistant, Diane Grant's annual performance evaluation Requested by Commission Office Deletion #3: R4 ‐ Approve BCC Executive Assistant, Bonnie Stoner's annual performance evaluation. Requested by Commission Office Addition #1: R5 ‐ Approve the settlement of Rotonda Group Investments, LLC and Lynell, LLC v. Charlotte County, Case No. 13‐438‐CA (Rotonda 3) and payment of $60, 000 in exchange for a voluntary dismissal with prejudice and authorize the Chairman to execute the Stipulation For Settlement. Requested by County Attorney Addition #2: R6 ‐ Discussion and direction on the October 15, 2014 Peace River Manasota Water Supply Authority Board Meeting. Requested by Utilities

BOOK 72, PAGE 599 OCTOBER 14, 2014

Addition #3: 10:00 am Presentation ‐ Presentation by Dr. Asperilla regarding the Ebola Virus. Requested by Commission Office Commissioner Constance requested an amendment to the Changes to the Agenda to include Item F3 on the October 28, 2014 meeting. COMMISSIONER DUFFY MOVED TO APPROVE PLACEMENT OF ITEM F3 CHARLOTTE COUNTY HEALTH DEPARTMENT FY14/15 CONTRACT TO OCTOBER 28, 2014 REGULAR BCC MEETING, SECONDED BY COMMISSIONER TRUEX MOTION CARRIED 5:0. COMMISSIONER DUFFY MOVED TO APPROVE BALANCE OF CHANGES TO THE AGENDA, SECONDED BY COMMISSIONER DEUTSCH MOTION CARRIED 5:0. Proclamations/Awards ‐ No Items Proclamations ‐ Chairman Ken Doherty ‐ No Items Employee Recognition 10 Years: Telisha Clark, Utilities; 15 Years: Timothy Burke, Public Safety; Dennis Locker, Public Safety; Daniel Sacksteder, Public Safety; Nancy Pacheco, Community Services; 25 Years: Kevin Benson, Public Safety; Manon Lessard, Public Safety; Robert Carson, Public Works. Award Presentations Achievement of Excellence in Procurement Award 2014 Recognition of award received by the Purchasing Division from the National Purchasing Institute, 2014, Achievement of Excellence in Procurement Award. I. CITIZEN INPUT ‐‐ AGENDA ITEMS ONLY Scott Andrichak spoke to the 3% raises for employees, cost to taxpayers for increase, new hire qualifications for a raise, and requested clarification for bottom line figures. II. COMMITTEE VACANCIES Chair Doherty stated the number of Committee Vacancies and requested Citizen Participation. Charlotte County is seeking volunteers to serve on the following Committees: South Bridge Waterway Unit Advisory Committee is seeking five volunteers who must be residents of Charlotte County and reside within the Unit. Terms: four regular members to serve three year terms from the date of appointment, and one alternate member to serve a two year term from the date of appointment. Submit application and resume to Public Works Department, 7000 Florida Street, Punta Gorda, FL


33950; call 941.575.3600 or e‐mail MSBU‐[email protected]. Boca Grande Street & Drainage Unit Advisory Committee is seeking three volunteers who must be residents of Charlotte County and reside within the Unit. Terms: two regular members to serve a three year term from the date of appointment and one alternate member to serve a two year term from the date of appointment. Submit an application and resume to Public Works Department, 7000 Florida Street, Punta Gorda, FL 33950; 941.575.3600 or e‐mail MSBU‐[email protected]. Lemon Bay Street and Drainage Unit Advisory Committee is seeking five volunteers who must be residents of Charlotte County and reside within the Unit. Terms: four regular members and one alternate member. The term lengths will be determined at the first regular meeting. Submit application and resume to Public Works Department, 7000 Florida Street, Punta Gorda, FL 33950; call 941.575.3600 or e‐mail MSBU‐[email protected] Peace River Shores Street & Drainage Unit Advisory Committee is seeking four volunteers who must be residents of Charlotte County and reside within the Unit. Terms: three regular members to serve a three year term from the date of appointment and one alternate member to serve a two year term from the date of appointment. Submit application and resume to Public Works Department, 7000 Florida Street, Punta Gorda, FL 33950; call 941.575.3600 or e‐mail MSBU‐[email protected]. Suncoast Waterway Maintenance Unit Advisory Committee is seeking four volunteers who must be residents of Charlotte County and reside within the Unit. Terms: three regular members to serve a three year term from the date of appointment and one alternate member to serve a two year term from the date of appointment. Submit application to Public Works Department, 7000 Florida Street, Punta Gorda, FL 33950, call 941.575.3600 or e‐mail MSBU‐[email protected]. Tropical Gulf Acres Street & Drainage Unit Advisory Committee is seeking three volunteers. Terms: two regular members to serve a three year term from the date of appointment and one alternate member to serve a two year term from the date of appointment. Applicants must be residents of Charlotte County and reside within the Unit. Submit application and resume to Public Works Department, 7000 Florida Street, Punta Gorda, FL 33950; call 941.575.3600 or e‐mail MSBU‐[email protected]. Construction Board of Adjustments and Appeals is seeking the following volunteers: one general building contractor, one mechanical contractor, one architect, two members to serve as alternates. One alternate must be a licensed member of the construction industry and a member‐at‐large. Terms are for three years. Committee meets 1st and 3rd Monday of each month at 8:30 a.m. in Murdock. For an application call 941.743.1300 or email [email protected]. Charlotte County is seeking volunteers to serve on the following Committees: Affordable Housing Advisory Committee is seeking the following volunteers to serve: one residential home builder, one for‐profit provider, one real estate professional. Terms are for three years. The committee meets 3rd Wednesday of each quarter. For an application, please call Joann Dillon at 941.743.1300 or email: [email protected] Manasota and Sandpiper Key Advisory Committee is seeking two volunteers to fill vacancies. Applicants must live within the Manasota Sandpiper Key area. Please contact Diane Clim at 941.743.1956 for an application or email your request to [email protected] Ackerman Waterway Unit Advisory Committee is seeking five volunteers who must be residents of Charlotte County and reside within the Unit. Terms: four regular members to serve a three year term from the date of appointment and one alternate member to serve a two year term from the date of appointment. Submit application and resume to Public Works Department, 7000 Florida Street, Punta Gorda, FL 33950; call 941.575.3600 or e‐mail MSBU‐[email protected].


III. REPORTS RECEIVED AND FILED ‐ No Items IV. CONSENT AGENDA

COMMISSIONER TRUEX MOVED TO APPROVE CONSENT AGENDA, SECONDED BY COMMISSIONER CONSTANCE MOTION CARRIED 5:0. Chair Doherty spoke in support of merit raises. Commissioner Constance thanked Dan Quick, Public Works Director for the hard work he did on pushing back the Department of Transportation (DOT) related to the unfair agreement for the Rotonda Drainage and Waterway District. Commissioner Truex expressed his support for raises being based on the merit system. Commissioner Duffy spoke in support of performance based raises and pointed out related discussions held at past Budget Meetings. Clerk of the Circuit Court A. Finance Division (1) Finance RECOMMENDED ACTION: Approve Clerk's Finance Memorandum. BUDGETED ACTION: No action needed. B. Minutes Division (1) Minutes RECOMMENDED ACTION: Approve minutes for: September 16, 2014 BCC Workshop September 22, 2014 Pre‐Agenda BUDGETED ACTION: No action needed. Board of County Commissioners C. Commission Office (1) Appointment ‐ Construction Board of Adjustments and Appeals ‐ General Building Contractor RECOMMENDED ACTION: Approve the appointment of Mr. Dominic A. Bioni as the General Building Contractor to the Construction Board of Adjustments and Appeals for a three year term. Term will expire in October 2017. BUDGETED ACTION: No action needed. (2) Appointment ‐ Ackerman Waterway Unit Advisory Committee


RECOMMENDED ACTION: Approve the appointment of Gary M. Hubbard to the Ackerman Waterway Unit Advisory Committee as a regular member. The term length will be determined at the first regular meeting. BUDGETED ACTION: No action needed. (Change #1) (3) Re‐Appointment and Appointments ‐ Agricultural and Natural Resources Advisory Committee RECOMMENDED ACTION: Approve the reappointments and appointment of Agricultural and Natural Resources Advisory Committee members: Reappoint Mr. Andy Dodd as the AG Economics representative and Mr. Harry Orrin Webb as the livestock production representative and Mr. Dan Ryals as the vegetable production representative for four year terms. Mr. David Kemeny was nominated and confirmed by the committee to replace Mr. Brumback who resigned ‐ term will expire December 2016. BUDGETED ACTION: No action needed. D. Administration Administration (Change #2) (1) Rescheduling November 20, 2014 Pre‐Agenda Meeting RECOMMENDED ACTION: Reschedule the Thursday, November 20, 2014 Pre‐Agenda Meeting to Monday, November 24, 2014 at 9:00 a.m. in B106. BUDGETED ACTION: No action needed. (Change #3) (2) Rescheduling December 4, 2014 Pre‐Agenda Meeting RECOMMENDED ACTION: Reschedule the Thursday, December 4, 2014 Pre‐Agenda Meeting to Monday, December 8, 2014 at 9:00 a.m. in B106. BUDGETED ACTION: No action needed. Public Information Office ‐ No Items E. County Attorney (1) Legal Action against Michelo D. Powell a/k/a Michael D. Powell for Damage to Charlotte County Fire Hydrant RECOMMENDED ACTION: Authorize the County Attorney's Office to initiate and pursue litigation against Michelo D. Powell a/k/a Michael D. Powell to recover damages to repair a fire hydrant and related items due to Mr. Powell's negligence in connection with a motor vehicle accident. BUDGETED ACTION: No action needed at this time.


F. Budget and Administrative Services Fiscal Services (1) HIPAA Agreements RECOMMENDED ACTION: a) Approve the Confidentiality Agreement between the Charlotte County Board of County Commissioners, the Gehring Group and Total Administrative Services Corporation (TASC); and b) Approve the Business Associate Agreement between the Charlotte County Board of County Commissioners and the Gehring Group. AGR2014‐044, AGR2014‐045 BUDGETED ACTION: No action needed. (2) Not for Profits Contracts RECOMMENDED ACTION: Approve the FY14/15 contracts for the United Way of Charlotte County in the amount of $591,305; the Arts & Humanities Council of Charlotte County, Inc., in the amount of $25,000; the Charlotte Harbor Environmental Center (CHEC) in the amount of $35,000; the Military Heritage Museum in the amount of $15,000, and the Charlotte Behavioral Health Care in the amount of $1,334,681. GRT2014‐023, GRT2014‐024, GRT2014‐025, GRT2014‐026, GRT2014‐027 (XREF: GRT2012‐028, GRT2011‐049, GRT2010‐046, GRT2008‐027, GRT2012‐029, AGR2011‐052, AGR2012‐059, GRT2013‐022, GRT2013‐031, GRT2011‐046, GRT2013‐025, GRT2012‐032, GRT2011‐048, GRT2010‐041) BUDGETED ACTION: No action needed. Funding from General Fund and is budgeted in the FY14/15 Budget. (Deletion #4 made on The Record) (3) Charlotte County Health Department FY14/15 Contract (Moved To October 28, 2014 Regular BCC Meeting) RECOMMENDED ACTION: Approve and authorize the Chairman to execute the FY14/15 County/State Department of Health Contract for the operation of the Charlotte County Health Department. BUDGETED ACTION: No action needed. This item is budgeted in the FY14/15 budget in the Charlotte County Health Department Fund as the County's share of this contract. Information Technology ‐ No Items Purchasing (4) #14‐268, Award, Harbour Heights Park Improvements RECOMMENDED ACTION: Approve the award of Bid #14‐268, Harbour Heights Park Improvements to the lowest, responsive, responsible bidder, Compass Construction, Inc. of Cape Coral, Florida in the total amount of $619,332.58. BUDGETED ACTION: No action needed. Funding from the Capital Projects Fund approved in the Parking and Stormwater Improvements project, and approved in the FY14 budget process. (5) #14‐373, Award, Sod ‐ Supply, Deliver, and/or Install and Hydroseeding ‐ Annual Contract


RECOMMENDED ACTION: a) Approve award of Bid #14‐373, Sod ‐ Supply, Deliver and/or Install and Hydroseeding ‐ Annual, to the lowest responsive, responsible bidder, Maloney's Sod Inc. of Punta Gorda, Florida, at the unit prices submitted. Terms of the contract are from Date of Award through and including September 30, 2015; 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. BUDGETED ACTION: For Public Works, installed sod is budgeted in contract services within Road & Bridge Infrastructure and various MSBU/TU budgets, approved in the FY15 budget process. (6) #14‐374, Award, Demolition ‐ Commercial/Residential Structures Including Mobile Homes ‐ Annual Contract RECOMMENDED ACTION: a) Approve award of Bid #14‐374 Demolition ‐ Commercial/Residential Structures Including Mobile Homes ‐ Annual Contract to the lowest, responsive, responsible bidder, TSI Disaster Recovery, LLC of St. Cloud, Florida for the period from date of award through and including September 30, 2015, at the unit prices indicated on the bid tabulation; 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. BUDGETED ACTION: No action needed. Funding from the General Fund ‐ Code Enforcement. Approved in the FY14 Budget Process. (7) #14‐308 Insecticides & Herbicides‐ Supply & Deliver RECOMMENDED ACTION: Rescind award of line item #10, Reward, for Bid #14‐308, Insecticides & Herbicides ‐ Supply and Deliver from Crop Production Services Inc. of Mulberry, FL; and award to Winfield Solutions of Plant City, FL, at the unit price of $100 per gallon. Approval is for the period from date of award through and including May 31, 2015. BUDGETED ACTION: No action needed. Funding from the Mosquito Control Department budget approved in the FY15 budget process. Funding is supplied from general revenues. (8) Property Deletions ‐ Month of October, 2014 RECOMMENDED ACTION: Approve deletion of the property inventory items listed on the attached for the month of October, 2014. BUDGETED ACTION: No action needed. Real Estate Services ‐ No Items G. Community Development ‐ No Items H. Community Services Parks and Natural Resources ‐ No Items


Recreation (1) Charlotte Sports Park CIP Recommendations RECOMMENDED ACTION: Approve Charlotte Sports Park improvements list for a total estimated cost of $118,621. This is an annual process between the County and the Tampa Bay Rays per the Charlotte Sports Park Agreement. BUDGETED ACTION: No action needed. Funding from the Stadium Improvement Fund budgeted in the Proposed FY15 Budget. Libraries and Historical (2) State Aid to Libraries RECOMMENDED ACTION: a) Approve a grant agreement application with the Florida Department of State for State Aid to Libraries Program FY15; and b) Authorize the Chair to sign the State Aid to Libraries Grant Agreement for FY15. GRT2014‐028 (XREF: GRT2013‐018, GRT2006‐028) BUDGETED ACTION: No action needed ‐ The State Aid to Libraries Grant is budgeted in FY15. Funding for this expenditure comes from FL Dept. of State. No match is required as the amount awarded is based on local funds expended on Libraries in the prior year. I. Economic Development (1) Re‐Appointments ‐ Industrial Development Authority RECOMMENDED ACTION: Approve the following reappointments to the Charlotte County Industrial Development Authority: Paul Bigness (At‐Large Seat) Todd Rebol (Engineering/Attorney Seat) Cathy Sanders (Developer/Commercial Contractor/Commercial Builder Seat) BUDGETED ACTION: No action needed. J. Facilities Construction and Maintenance ‐ No Items K. Human Resources (1) IUPAT re‐opener for 2014‐15 RECOMMENDED ACTION: Approve a re‐opener agreement with the Affiliate Local 1010, District Council 78, of the International Union of Painters and Allied Trades (IUPAT), AFL‐CIO for the purpose of wages and benefits. The memorandum of agreement grants an increase of 3% to the employee's base pay, exclusive of any additional pay, effective October 8, 2014 which will be reflected on the paycheck dated October 31, 2014. The union ratified the agreement on September 30, 2014. An increase of 3% to the employee's base pay will also be applicable for non‐bargaining (regular full‐time and part‐time)


employees, exclusive of any additional pay, effective October 8, 2014 which will be reflected on the paycheck dated October 31, 2014. AGR2014‐046 (XREF: AGR2013‐039, AGR2008‐051, AGR2005‐065) BUDGETED ACTION: Any costs associated with implementation are budgeted within respective departments' operating budgets. L. Human Services ‐ No Items M. Public Safety (1) FY14/15 Hazard Analysis Grant RECOMMENDED ACTION: a) Approve an Agreement with the Florida Division of Emergency Management for the FY14/15 Hazards Analysis Update Grant in the amount of $3,712; and b) Authorize the Chair to sign any related documents. GRT2014‐029 (XREF: GRT2012‐016, GRT2012‐017) BUDGETED ACTION: No action needed. Funding from Emergency Management Division to be approved in the FY14/15 budget process. There is no County match. (2) Ordinance to Create Animal Care Trust Fund RECOMMENDED ACTION: Set a public hearing for October 28, 2014 at 10:00 a.m., or as soon thereafter as may be heard, to approve an Ordinance establishing an Animal Care Trust Fund. BUDGETED ACTION: No action needed. (3) Resolution Revising Animal License and Tag Fees RECOMMENDED ACTION: Adopt a Resolution of the Board of County Commissioners of Charlotte County, Florida; revising fees for animal licenses and tags; and providing for an effective date. RES2014‐161 (XREF: RES2006‐171, RES2000‐150) BUDGETED ACTION: No action needed. Funding from the Animal Control Division approved in the FY15 budget process. N. Public Works (1) Rotonda Long Meadow Street and Drainage Unit RECOMMENDED ACTION: Set a public hearing for October 28, 2014 at 10:00 a.m., or as soon thereafter as may be heard, to consider approving an Ordinance repealing Ordinance No. 97‐015 which established the Rotonda Long Meadow Street & Drainage Unit. BUDGETED ACTION: No action needed. (2) Rotonda Broadmoor Street & Drainage Unit


RECOMMENDED ACTION: Set a public hearing for October 28, 2014, at 10:00 a.m., or as soon thereafter as may be heard, to consider approving an Ordinance repealing Ordinance No. 97‐012 which established the Rotonda Broadmoor Street & Drainage Unit. BUDGETED ACTION: No action required. (3) Rotonda Pinehurst Street and Drainage Unit RECOMMENDED ACTION: Set a public hearing for October 28, 2014 at 10:00 a.m., or as soon thereafter as may be heard, to consider approving an Ordinance repealing Ordinance No. 97‐017 which established the Rotonda Pinehurst Street & Drainage Unit. BUDGETED ACTION: No action needed. (4) Rotonda Pine Valley Street and Drainage Unit RECOMMENDED ACTION: Set a public hearing for October 28, 2014, at 10:00 a.m., or as soon thereafter as may be heard, to consider approving an Ordinance repealing Ordinance No. 97‐018 which established the Rotonda Pine Valley Street & Drainage Unit. BUDGETED ACTION: No action needed. (5) Rotonda White Marsh Street and Drainage Unit RECOMMENDED ACTION: Set a public hearing for October 28, 2014, at 10:00 a.m., or as soon thereafter as may be heard, to consider approving an Ordinance repealing Ordinance No. 97‐011 which established the Rotonda White Marsh Street & Drainage Unit. BUDGETED ACTION: No action needed. (6) Rotonda Drainage and Waterway Maintenance District RECOMMENDED ACTION: Set a public hearing for October 28, 2014 at 10:00 a.m., or as soon thereafter as may be heard, to consider approving an Ordinance repealing Ordinance No. 90‐64 which established the Rotonda Drainage and Waterway Maintenance District. BUDGETED ACTION: No action needed. (7) Traffic Signal Maintenance and Compensation Agreement RECOMMENDED ACTION: Request the Board of County Commissioners approve the proposed State of Florida Department of Transportation Traffic Signal Maintenance and Compensation Agreement. AGR2014‐047 (XREF: RES2014‐117, RES2004‐107, RES2001‐122) BUDGETED ACTION: No action needed. Traffic signal maintenance is budgeted in the Greater Charlotte Street Lighting District as approved in the FY15 budget.


O. Tourism Development‐ No Items P. Utilities ‐ No Items Q. Other Agencies ‐ No Items R. Regular Agenda (1) Commission Office Resolution In Opposition to Amendment 2 ‐ the Medical Marijuana Initiative RECOMMENDED ACTION: a) Presentation by Sheriff Prummell; and b) Approve a Resolution opposing Amendment 2, the Medical Marijuana Initiative. RES2014‐162 Sheriff Prummell spoke to Medical Marijuana being hazardous if Amendment #2 is passed, opined it has many negative effects, noted there will be a lack of proper usage, increase in crime, possible problems for our youths, physicians said not prescribing correct dosage amounts, mentioned minor caregivers, increased motor vehicle accidents, job related liabilities, and spoke to alternative medicine options. Commissioner Deutsch expressed his opposition to the Amendment and noted his colleagues are not in favor of it as well. COMMISSIONER DEUTSCH MOVED TO APPROVE RESOLUTION 2014‐162 IN OPPOSITION TO AMENDMENT 2 THE MEDICAL MARIJUANA INITIATIVE, SECONDED BY COMMISSIONER TRUEX Commissioner Constance spoke to legalization of marijuana dangers, permanent usage of the Amendment, medical problems with prescribing marijuana due to strand variations, harmful smoking factors, and suggested not allowing Dispensary Businesses to open in Charlotte County. COMMISSIONER CONSTANCE MOVED TO AMEND RESOLUTION 2014‐162 AND SEND A CERTIFIED COPY TO GOVENOR RICK SCOTT, ATTORNEY GENERAL PAM BONDI, COMMISSIONER OF AGRICULTURE ADAM PUTNAM, JEFF ATWATER, THE ENTIRE CABINET, SENATE PRESIDENT, AND SPEAKER OF THE HOUSE, SECONDED BY COMMISSIONER DEUTSCH MOTION CARRIED 5:0. Chair Doherty thanked Sheriff Prummell, expressed his support for the Resolution opposing Amendment 2, and asked that everyone read the entire Ballot. Commissioner Duffy thanked the Sheriff, mentioned the different strengths of marijuana is a problem, suggested implementing Land Regulations to stop any dispensary practicing in the County, and stated she will do everything to fight this Amendment. Commissioner Truex expressed concern with the safety of County Parks and Public Areas if passed, mentioned other County Ordinances that are being created, and suggested the Board look into all of this very thoroughly. MOTION CARRIED 5:0.


Recess: 9:57 am – 10:10 am PRESENTATION AGENDA ‐ 10:00 am. (Addition #3) 10:00 am Presentation ‐ Presentation by Dr. Asperilla regarding the Ebola Virus. Dr. Asperilla provided detailed Ebola Virus information and Department of Health updates, mentioned early detection, preparedness, protective equipment needs, training for possible outbreaks, incubation times, discussed Dallas infected cases, airport screening procedures, and projection statistics. Commissioner Constance inquired about airport procedures and thanked Dr. Asperilla for giving the presentation on such short notice. Commissioner Duffy spoke to treatments for the Ebola Virus, testing at the airports, and precautions for public areas. (Deletion #1) (2) Commission Office BCC Assistant Evaluation ‐ Joann Dillon RECOMMENDED ACTION: Approve BCC Executive Assistant, Joann Dillon's annual performance evaluation. (Deletion #2) (3) Commission Office BCC Assistant Evaluation ‐ Diane Gant RECOMMENDED ACTION: Approve BCC Executive Assistant, Diane Gant's annual performance evaluation. (Deletion #3) (4) Commission Office BCC Assistant Evaluation ‐ Bonnie Stoner RECOMMENDED ACTION: Approve BCC Executive Assistant, Bonnie Stoner's annual performance evaluation. (Addition #1) (5) County Attorney Approve the settlement of Rotonda Group Investments, LLC and Lynell, LLC v. Charlotte County, Case No. 13‐438‐CA (Rotonda 3) and payment of $60,000 in exchange for a voluntary dismissal with prejudice and authorize the Chairman to execute the Stipulation for Settlement. AGR 2014‐048 RECOMMENDED ACTION: Approve Settlement of Rotonda Group Investments, LLC and Lynell, LLC v. Charlotte County. Attorney Knowlton read into the record the Settlement Agreement for Case No. 13‐438‐CA in the amount of $60,000.


COMMISSIONER DUFFY MOVED TO APPROVE (ADDITION #1) THE SETTLEMENT OF ROTONDA GROUP INVESTMENTS, LLC AND LYNELL, LLC V. CHARLOTTE COUNTY, CASE NO. 13‐438‐CA (ROTONDA 3) AND PAYMENT OF $60,000 IN EXCHANGE FOR VOLUNTARY DISMISSAL WITH PREJUDICE AND AUTHORIZE THE CHAIR TO EXECUTE THE STIPULATION FOR SETTLEMENT, SECONDED BY CHAIR DOHERTY Commissioner Constance stated for the record that the Board did not want to settle; but the County would have spent more money defending in the case. MOTION CARRIED 5:0. (Addition #2) (6) Utilities Discussion and direction on the October 15, 2014 Peace River Manasota Water Supply Authority Board Meeting. Chair Doherty inquired about the Plant Capacity. Commissioner Constance responded that he is keeping silent until the Board Meeting. Commissioner Deutsch thanked Commissioner Constance for all of his hard work and expressed disappointment with Pat Lehman, Executive Director of the Peace River/Manasota Regional Water Supply Authority for not getting consensus from the Board before requesting State funding. Commissioner Duffy stated that Mr. Lehman never should have proceeded without consensus from the Board. Commissioner Truex spoke to the capacity and permitting issues. Terri Couture, Charlotte County Utilities Director, spoke to the Agenda for the Peace River Manasota Water Supply Authority Board Meeting for October 15, 2014. Attorney Knowlton informed the Board that a check would be issued at the Board Meeting on October 15, 2014. PUBLIC HEARING AGENDA ‐ No Items PRESENTATION AGENDA ‐ No Items PUBLIC WORKSHOP AGENDA ‐ No Items BOARD WORKSHOP AGENDA ‐ No Items CITIZEN INPUT ‐ ANY SUBJECT Susan Hutt spoke to Public Records request for legal payments for Rotunda 1,2,3, thanked Commissioner Truex for supporting performance based raises, and commented on Legislative requirements for science and sewers. Scott Andrichak voiced his opinion on the disrespectful treatment of the Peace River Water Authority for not consulting with the Board on Grant applications, spoke to Charlotte County Utilities Grants, lake clean ups, bid documents, algae, employee raises, and Hurricane Charley Funds.


AA. County Administrator: None BB. County Attorney: None CC. Commissioner Comments: Chair Doherty spoke to the Clean Water Act, staff involvement in current Jurisdiction, and Environmental Protection Agency (EPA) Comments. Commissioner Constance mentioned the creation of the Zoning Ordinance for the Medical Marijuana Amendment and suggested the need for more involvement to get the word out to oppose Amendment #2. Commissioner Duffy spoke to communication with Citizens, hiring of a Communications Director and usage of social media to get messages out to the Community. Commissioner Truex recommended everyone read Amendment #2 completely. ADJOURNED: 11:20 am

__________________________________________

Ken Doherty, Chair

DATE ADOPTED: _____________________________

ATTEST:

BARBARA T. SCOTT, CLERK OF THE CIRCUIT COURT AND EX‐OFFICIO TO THE BOARD OF COUNTY COMMISSIONERS

By: ___________________________________ Deputy Clerk



OCTOBER 23, 2014

A Pre‐Agenda meeting was held in preparation for the October 28, 2014 Regular and Land Use Meeting at the Murdock

Administrative Complex in Room B‐106, Port Charlotte, Florida.

The following members were present: Chair Doherty, Commissioner Constance, Commissioner Deutsch, and Commissioner

Truex was via teleconference. Also in attendance were: County Administrator Sandrock, Deputy County Administrator

Shoemaker, Assistant to the County Administrator Flores, County Attorney Knowlton, Minutes Supervisor Lansing, Minutes Clerk

Russo, and various County staff members. The following members were absent: Commissioner Duffy.

The meeting was called to Order at 1:30 pm.

There was Board discussion on the following items:

Proclamations: DJ Seiler Day will be pulled and placed on a future Agenda. Mr. Seiler is out of town.

Regular and Land Use Agenda Meeting Title consistency was discussed for revision.

Purchasing: F2, F3, F4

Utilities: P1

Regular Agenda: R3, R4, R6

Land Use Public Hearing: #1, #2, #3

ADJOURNED: 1:54 pm

__________________________________________

Ken Doherty, Chair

DATE ADOPTED: _____________________________

ATTEST:

BARBARA T. SCOTT, CLERK OF THE CIRCUIT COURT AND EX‐OFFICIO TO THE BOARD OF COUNTY COMMISSIONERS

By: ___________________________________ Deputy Clerk


COUNTY OF CHARLOTTE Board of County Commissioners 18500 Murdock Circle Port Charlotte, FL 33948 www.CharlotteCountyFL.gov

County Commissioners County Administrator Ken Doherty, District 1, Chairman Raymond J. Sandrock Bill Truex, District 3, Vice-Chairman County Attorney Christopher Constance, District 2 Janette S. Knowlton Stephen R. Deutsch, District 4 Clerk of the Circuit Court Tricia Duffy, District 5 Barbara T. Scott

Regular Meeting and Land Use Public Hearing October 28, 2014 9:00 am

18500 Murdock Circle, Commission Chambers, Room #119 Charlotte County Board of County Commissioners does not discriminate on the basis of disability. This nondiscrimination policy involves every aspect of the County’s functions, including access to and participation in meetings, programs and activities. FM Sound Enhancement Units for the Hearing Impaired are available at the Front Security Desk, Building A of the Murdock Administration Complex. Anyone needing other reasonable accommodation or auxiliary aids and services please contact our office at 941.743.1381, TDD/TTY 941.743.1234, or by email to [email protected]

9:00 A.M. Call to Order and Roll Call

Invocation - For those who wish to join, please rise for the invocation Pastor Adam Willis Deep Creek Community Church Pledge of Allegiance Changes to the Agenda: See separate sheet

Proclamations - Commissioner Christopher Constance

Arts and Humanities Council Artist of the Month DJ Seiler Day El Jobean Pre-Veteran's Day Observance Lung Cancer Awareness Month National American Indian Heritage Month Perioperative Nurse Week Veterans Appreciation Month


Employee Recognition - Commissioner Christopher Constance

Employee of the Month for September, 2014 - Don Jascomb of Community Development Ambassador Program Graduates:

Dawn Anspach County Attorney's Office

Heather Bacus Human Resources

Jill Boyd Community Services

Kathy J. Brantley Human Resources

Julie A. Christy Human Services

Althea Connor Human Services

R. Brian English Budget & Administrative Services

Maryann Franks Community Development

Terri Hendriks Budget & Administrative Services

Cassandra Howard Budget & Administrative Services

Don Jascomb Community Development

Stephen Kipa Budget & Administrative Services

Pamela Kirchner Budget & Administrative Services

Chris Perin Community Development

Carlos Peruyera Budget & Administrative Services

Ellen Pinder Public Safety

Jane Ravella Community Services

Elizabeth M. Robling CCU

Katie Scott Human Services

Jie Shao Community Development

Nancy A. Stern Budget & Administrative Services

Kim Sternal Facilities Construction & Maintenance

Eve Sweeting Human Resources

Dennis Woodruff Budget & Administrative Services

Michael Youshock CCU

Stephen Zawacki Budget & Administrative Services

Award Presentations Combat Wounded Veteran Recognition Ceremony

Recognition of Mr. William Crites as Charlotte County's Wounded Veteran of the month.

CITIZEN INPUT - AGENDA ITEMS ONLY

Anyone wishing to address the Board during this portion of the meeting must fill out a card, state their name for the record, and state which agenda item(s) will be addressed. Remarks shall be limited to 3 minutes (max) and shall be addressed to the Commission as a body, and not to individual members. There will not be any discussion.


COMMITTEE VACANCIES Charlotte County is seeking volunteers to serve on the following Committees:

Beaches and Shores Advisory Committee is seeking one volunteer to serve as the Member at Large. This is a four year term, effective January 1, 2015 and shall expire December 31, 2018. All members shall be permanent residents of Charlotte County, and all shall be electors of Charlotte County. Preference for appointment as a member shall also be given to individuals possessing technical knowledge or expertise in matters relating to beaches and shores, and/or to individuals with a history of service or demonstrated interest in community service for the preservation of beaches and shores. Please contact Bonnie Stoner for an application form: 941.743.1307; by fax: 941.743.1310 or by e-mail: [email protected].

Boca Grande Street & Drainage Unit Advisory Committee is seeking four volunteers who must be residents of Charlotte County and reside within the Unit. Terms: three regular members to serve a three year term from the date of appointment and one alternate member to serve a two year term from the date of appointment. Submit an application and resume to Public Works Department, 7000 Florida Street, Punta Gorda, FL 33950; 941.575.3600 or e-mail [email protected].

Deep Creek Non-Urban Street & Drainage Unit Advisory Committee is seeking one volunteer who must be a resident of Charlotte County and reside within the Unit. Term: one regular member to serve a three year term from the date of appointment. Submit application and resume to Public Works Department, 7000 Florida Street, Punta Gorda, FL 33950; 941.575.3600 or e-mail [email protected].

Murdock Village Community Redevelopment Agency Advisory Committee is seeking one volunteer to represent the Banking, Financial or Appraisal Business Category (must own real property within the Murdock Village Community Redevelopment Area, as described in Resolution No. 2003-081). This volunteer would be completing an unexpired term, effective immediately, and shall expire on September 20, 2015. Please contact Bonnie Stoner in the Commissioners' Office for an application form: 941.743.1307; fax: 941.743.1310 or by e-mail: [email protected].

Northwest Port Charlotte Waterway Unit Advisory Committee is seeking one volunteer who must be a resident of Charlotte County and reside within the Unit. Terms: one alternate member to serve a two year term from the date of appointment. Submit application and resume to Public Works Department, 7000 Florida Street, Punta Gorda, FL 33950; call 941.575.3600 or e-mail [email protected].

REPORTS RECEIVED AND FILED No Items

CONSENT AGENDA Clerk of the Circuit Court

A. Finance Division (1) Finance RECOMMENDED ACTION: Approve Clerk’s Finance Memorandum. BUDGETED ACTION: No action needed.

B. Minutes Division (1) Minutes RECOMMENDED ACTION: Approve minutes for: October 9, 2014 Pre-Agenda BUDGETED ACTION: No action needed.


Board of County Commissioners

C. Commission Office (1) Re-Appointment - Manasota Sandpiper Key Advisory Board RECOMMENDED ACTION:

Re-appoint Barbara Jean Galberaith as a regular member to the Manasota and Sandpiper Key Advisory Committee to serve a two year term from date of appointment ending November 30, 2016.

BUDGETED ACTION: No action needed.

(2) Re-Appointment - Manasota Sandpiper Key Advisory Board RECOMMENDED ACTION: Re-appoint Francis Dumont as a regular member to the Manasota and Sandpiper Key Advisory Committee to

serve a two year term from date of appointment ending November 30, 2016. BUDGETED ACTION: No action needed. (3) Gulf Coast Partnership - Plan Update RECOMMENDED ACTION: a) Accept the 2015-2025 10 Year Plan to Prevent and End Homelessness; and b) Board approval of 10 Year Plan Letter of Support BUDGETED ACTION: No action needed. D. Administration

Administration No Items

Public Information Office No Items

E. County Attorney (1) Approval of Helen Avenue Settlement with SunTrust Bank

RECOMMENDED ACTION: Authorize the use of $78,000 in SHIP funds to satisfy a lien against County-owned affordable housing rental units located at 410, 414, and 418 E. Helen Ave., Punta Gorda, Florida.

BUDGETED ACTION: No action needed. Funding from the Human Services SHIP Program Housing budget was approved in the FY15 budget process. 100% grant funded with no local match required.

(2) Adopt a resolution amending Charlotte County towing fees RECOMMENDED ACTION:

Adopt a resolution amending Charlotte County's towing fee schedule to include rates for extraordinary services, underwater recovery, and hazardous material clean-up in the maximum fee schedule for tow truck operators providing nonconsensual towing services.

BUDGETED ACTION: No budget action. F. Budget and Administrative Services

Fiscal Services (1) Set Budget Workshop on December 16, 2014 RECOMMENDED ACTION: Set a budget workshop for Tuesday, December 16, 2014 at 1:30 p.m. in Room 119. BUDGETED ACTION: No action needed.


Information Technology No Items

Purchasing (2) #14-359, Award, South Gulf Cove Landscape Maintenance - Annual Contract RECOMMENDED ACTION:

a) Approve award of Bid #14-359 South Gulf Cove Landscape Maintenance - Annual Contract to the lowest, responsive, responsible bidder, Pine Hills Landscaping Inc. of Port Charlotte, Florida for the period of January 1, 2015 through and including December 31, 2015, at the unit prices indicated on the bid tabulation; 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.

BUDGETED ACTION: No action needed. Budgeted in the South Gulf Cove Beautification Unit, approved in the FY15 budget process. (3) #14-390, Award, Desoto Canal Bank Restoration and Stabilization - Phase 2 RECOMMENDED ACTION:

Approve award of Bid #14-390, Desoto Canal Bank Restoration and Stabilization - Phase 2, at the unit prices bid to Marine Contracting Group, Inc., of Punta Gorda, FL for a total project cost of $2,043,323.82.

BUDGETED ACTION: No action needed. Budgeted in FY15 CIP "Mid Charlotte Stormwater Desoto North/South Ditch". (4) #14-402, Award, Spec Building Incentive RECOMMENDED ACTION:

Approve the award of RLI #10-335, Work Order #108, File #14-402, Architectural, Structural Engineering & Conceptual Site Design, to Fawley/Bryant of Sarasota in the amount of $54,360.

BUDGETED ACTION: No action needed. Funding from the General Fund approved in the FY15 budget process. (5) #14-445, Approve, Piggyback Library Self Check System RECOMMENDED ACTION:

Approve File #14-445, Piggyback for RFID - Library Self Check System with 3M of St. Paul, MN for a total cost of $219,568 in accordance with the Lee County Annual Contract Q-080511 RFID Equipment.

BUDGETED ACTION: No action needed. Funding from Capital Projects Fund approved in CIP Inventory Control Systems in the FY14 budget process. (6) #14-417, Award, Swimming Pool Resurfacing & Renovations RECOMMENDED ACTION:

Approve the award of Bid #14-417, Swimming Pool Resurfacing and Renovations to the lowest responsive, responsible bidder, Family Pools Inc., of Port St Lucie, Florida in the amount of $170,962. The purpose of this bid is for swimming pool resurfacing and renovations to the South County Regional Park pool and dive well and the Port Charlotte Beach Complex pool.

BUDGETED ACTION: No action needed. Funding from Capital Projects Fund approved in CIP Swimming Pool Renovations in the FY15 budget process.

Real Estate Services

(7) Hancock Avenue Parcel Donation by the Charlotte County School Board RECOMMENDED ACTION:

Approve a resolution authorizing the Board of County Commissioners to accept a parcel of land being used as a public right of way (portion of Hancock Avenue) to be donated by the Charlotte County School Board.

BUDGETED ACTION: No action needed.

G. Community Development No Items


H. Community Services

Parks and Natural Resources No Items

Recreation No Items

Libraries and Historical No Items

I. Economic Development No Items

J. Facilities Construction and Maintenance No Items

K. Human Resources No Items

L. Human Services No Items

M. Public Safety No Items

N. Public Works (1) Arthropod Control Budget Amendment RECOMMENDED ACTION:

a) Approve, and authorize the Chairman to sign, Arthropod Control Budget Amendment No. 14-37 for FY 13-14; and Arthropod Control Budget Amendment No. 15-003 for FY14-15; and b) Approve Budget Adjustment #14-37 in the amount of $10.49, and Budget Adjustment #15-003 in the amount of $2,651.00.

BUDGETED ACTION: Increase Mosquito Control Budget by $10.49 in FY13/14. Increase Mosquito Control Budget by $2,651.00 in FY14/15.

O. Tourism Development

No Items

P. Utilities

(1) FDEP Agreement S0715- East/West Spring Lake Construction Costs RECOMMENDED ACTION:

Authorize staff to enter into the Florida Department of Environment Protection (FDEP) State Financial Assistance Agreement (S0715) to reimburse Charlotte County in the amount of $599,670 toward the construction costs related to the installation of centralized sewer in East and West Spring Lakes.

BUDGETED ACTION: No action needed. Funding from the East West Spring Lake Wastewater MSBU fund in the CIP Spring Lake MSBU Wastewater Expansion Project approved in the FY15 budget process.

Q. Other Agencies No Items


REGULAR AGENDA R. Regular Agenda

(1) Administration Performance Evaluation - County Administrator, Raymond J. Sandrock

RECOMMENDED ACTION: Discussion of County Administrator, Raymond Sandrock’s annual performance evaluation.

(2) County Attorney Performance Evaluation - County Attorney, Janette S. Knowlton

RECOMMENDED ACTION: Discussion of County Attorney, Janette S. Knowlton's annual performance evaluation.

(3) Commission Office Super Boat RECOMMENDED ACTION: Discussion and Direction on the 2015 Super Boat Race. (4) Fiscal Services Charlotte County Health Department FY14/15 Contract RECOMMENDED ACTION:

Approve and authorize the Chairman to execute the FY14/15 County/State Department of Health Contract for the operation of the Charlotte County Health Department.

(5) Purchasing #14-340, Award, Edgewater Drive Widening- Phase 2 - Construction RECOMMENDED ACTION:

a) Presentation by Southwest Engineering & Design, Inc. b) Approve Award of Bid #14-340, Edgewater Drive Widening - Phase 2 Construction, at the unit prices bid to OAK/Florida, Inc. dba Owen-Ames-Kimball Company of Punta Gorda, FL, for a total cost of $25,899,413.97.

(6) Purchasing #09-180, Amend #2, Edgewater Drive Phase 2 - Design RECOMMENDED ACTION:

a) Approve budget adjustment #15-002, in the amount $1,200,000, to increase project costs in CIP "Edgewater Drive Phase 2"; and b) Approve Amendment #2 to Contract #09-180, Edgewater Drive Phase 2 - Design, with Southwest Engineering & Design of Punta Gorda, FL, in the amount of $2,655,402; and

c) Authorize the Chairman to sign the Amendment for Construction Engineering Inspection (CEI) Services.

PUBLIC HEARING AGENDA 10:00 A.M. Public Hearing (1) Public Works Rotonda Long Meadow Street and Drainage Unit

Conduct a public hearing at 10:00 a.m., or as soon thereafter as may be heard, to consider approving an Ordinance repealing Ordinance No. 97-015 which established the Rotonda Long Meadow Street & Drainage Unit.

(2) Public Works Rotonda Broadmoor Street and Drainage Unit

Conduct a public hearing at 10:00 a.m., or as soon thereafter as may be heard, to consider approving an Ordinance repealing Ordinance No. 97-012 which established the Rotonda Broadmoor Street and Drainage Unit.

(3) Public Works Rotonda Pinehurst Street and Drainage Unit

Conduct a public hearing at 10:00 a.m., or as soon thereafter as may be heard, to consider approving an Ordinance repealing Ordinance No. 97-017 which established the Rotonda Pinehurst Street & Drainage Unit.


10:00 A.M. Public Hearing (continued…) (4) Public Works Rotonda Pine Valley Street and Drainage Unit

Conduct a public hearing at 10:00 a.m., or as soon thereafter as may be heard, to consider approving an Ordinance repealing Ordinance No. 97-018 which established the Rotonda Pine Valley Street & Drainage Unit.

(5) Public Works Rotonda White Marsh Street and Drainage Unit

Conduct a public hearing at 10:00 a.m., or as soon thereafter as may be heard, to consider approving an Ordinance repealing Ordinance No. 97-011 which established the Rotonda White Marsh Street & Drainage Unit.

(6) Public Works Rotonda Drainage and Waterway Maintenance District

Conduct a public hearing at 10:00 a.m., or as soon thereafter as may be heard, to consider approving an Ordinance repealing Ordinance No. 90-64 which established the Rotonda Drainage and Waterway Maintenance District.

(7) Public Safety Ordinance to Create Animal Care Trust Fund

Conduct a public hearing at 10:00 a.m., or as soon thereafter as may be heard, to approve an Ordinance establishing an Animal Care Trust Fund.

2:00 P.M. Land Use Public Hearing (1) Community Development Revisions to the County's Land Development Regulations (LDRs Phase I) Conduct the first of two public hearings to discuss revisions to the County's Land Development Regulations in accordance with Section 125.66, F.S., and set the second public hearing for adoption of Ordinances approving these revisions for November 25, 2014 at 2:00 P.M. or as soon thereafter as may be heard. Legislative (2) Community Development Revisions to the Babcock Land Development Regulations Conduct the first of two public hearings to discuss the revisions to the Babcock Land Development Regulations in accordance with Section 125.66, F.S., and set the second public hearing for adoption of Ordinance approving the revisions for November 25, 2014 at 2:00 P.M. or as soon thereafter as may be heard. Legislative (3) Community Development Amend the County's Zoning Atlas - Petition Number Z-14-08-10 Conduct the first of two public hearings to discuss a rezoning (petition# Z-14-08-10) in accordance with Section 125.66, F.S., and set the second public hearing for adoption of Ordinances approving Z-14-08-10 for November 25, 2014 at 2:00 P.M. or as soon thereafter as may be heard. Quasi-Judicial

PRESENTATION AGENDA 10:00 A.M.

(1) Preparedness and Coordination Presentation Presentation by Dr. Kurban from the Health Department regarding Preparedness and Coordination. (2) Impact Fee Presentation Presentation by Dr. David Crowe from the National Association of Home Builders regarding Impact Fees.

2:00 P.M.

No Items


PUBLIC WORKSHOP AGENDA Public input permitted.

10:00 A.M.

No Items

2:00 P.M.

No Items

BOARD WORKSHOP AGENDA No public input. 10:00 A.M.

No Items

2:00 P.M.

No Items

CITIZEN INPUT - ANY SUBJECT Anyone wishing to address the Board during this portion of the meeting must state their name for the record. Remarks, on any County related subject, shall be limited to 3 minutes (max) and shall be addressed to the Commission as a body, and not to individual members. There will not be any discussion.

AA. County Administrator: BB. County Attorney: CC. Commissioner Comments: Ken Doherty, District 1, Chairman Bill Truex, District 3, Vice-Chairman Christopher Constance, District 2 Stephen R. Deutsch, District 4 Tricia Duffy, District 5


Board of County Commissioners Schedule of Future Closures/Hearings/Workshops

Thursday, November 06, 2014 01:30 p.m. Board of County Commissioners Pre-Agenda Meeting

Murdock Administration Center, 18500 Murdock Circle, Building B, Room #106-B, Port Charlotte

Tuesday, November 11, 2014 09:00 a.m.

**RESCHEDULED to 11/12** Board of County Commissioners Regular Meeting

Murdock Administration Center, 18500 Murdock Circle, Commission Chambers Room #119, Port Charlotte

Wednesday, November 12, 2014 09:00 a.m. Board of County Commissioners Regular Meeting


Tuesday, November 18, 2014 09:00 a.m. **CANCELED** Board of County Commissioners Monthly Workshop


Thursday, November 20, 2014 01:30 p.m.

**RESCHEDULED to 11/24** Board of County Commissioners Pre-Agenda Meeting


Monday, November 24, 2014 01:30 p.m. Board of County Commissioners Pre-Agenda Meeting


Tuesday, November 25, 2014 09:00 a.m. Board of County Commissioners Regular and Land Use Meeting


Thursday, December 04, 2014 01:30 p.m.

**RESCHEDULED to 12/8** Board of County Commissioners Pre-Agenda Meeting


Monday, December 08, 2014 01:30 p.m. Board of County Commissioners Pre-Agenda Meeting


Tuesday, December 09, 2014 09:00 a.m. Board of County Commissioners Regular and Land Use Meeting


Tuesday, December 16, 2014 09:00 a.m. Board of County Commissioners Monthly Workshop



Thursday, December 18, 2014 01:30 p.m. **CANCELED** Board of County Commissioners Pre-Agenda Meeting


Tuesday, December 23, 2014 09:00 a.m.

**CANCELED** Board of County Commissioners Regular Meeting and Land Use Meeting



Financial Impact Summary Statement Detailed Analysis Attached · 11/12/2014 · Charlotte County...

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Transcript of Financial Impact Summary Statement Detailed Analysis Attached · 11/12/2014 · Charlotte County...