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FEBRUARY 17. 1998
The Board of County Commissioners, Manatee County, Florida, met in
REGULAR SESSION in the Administrative Center, 1112 Manatee Avenue West,
Bradenton, Florida, Tuesday, February 17, 1998, at 9:08 a.m.
Present were Commissioners:
Patricia M. Glass, Chairman
Gwendolyn Y. Brown, First Vice-chairman
Joe.McClash, Second Vice-Chairman
Jonathan Bruce, Third Vice-Chairman
Stan Stephens
Lari Ann Harris
Amy Stein
Also present were:
Ernie Padgett, County Administrator
Teddy N. Williams, Jr., County Attorney
Susan G. Romine, Board Records Supervisor,
representing R. B. Shore, Clerk of Circuit Court
Invocation by Reverend Don Windmiller, Bethel Baptist Church.
AGENDA CHANGES/DELETIONS
Discussion of permitted access to lots in old existing subdivisions to
secure building permits was deleted from the agenda.
CONSENT AGENDA
Upon motion by Mrs. Harris and second by Ms. Brown, the Consent Agenda
dated February 17, 1998, was unanimously approved after deletion of (1)
Florida Healthy Kids Insurance Program Funding Agreement; and (2)
Bradenton Depot Historical Resources Grant (separate action). Items
APPROVED included:
CLERK'S CONSENT AGENDA
BONDS
Accept:
Lakewood Ranch Boulevard
Construction Payment Assurance Bond, $433,258.25 (Bond 118268,
Frontier Insurance Company, Surety) per agreement with Schroeder-
Manatee Ranch, Inc.. for construction of portion of Lakewood Ranch
Boulevard (approved 11/18/97) RECORD S46-268
chapparral (tfote Ranch, Phase yi;)
Defect Security: $75,114.30 (Amendment 1 to Letter of Credit
M521057 from Barnett Bank amending expiration date to 3/10/99)
Mote Ranch. Honore Avenue
Defect Security: $113,157.62 (Amendment 1 to Letter of Credit
M521056 from Barnett Bank amending expiration date to 3/10/99)
Release:
Creekwood. Phase I. Subphase I. Unit B-6
1. Agreement with Wilma-Creekwood (West) Joint Venture) guaranteeing
completion of required sidewalks and bikeways, $11,700.
2. Performance Bond: $11,700 (Surety Bond U07962, Preferred National
Insurance Company, Surety)
Forest Pines (PDR-94-16/94-S-32)
1. Agreement with R. L. Koontz Construction guaranteeing completion
of required sidewalks and bikeways, $13,284.38.
2. Performance Bond: $13,284.38 (Letter of Credit 9602, Sun Trust
Bank Gulf Coast)
REFUNDS
B. W. General Contractors - Sewer FIF Fee $1,300.00
GTE of Florida/Sarasota - Right-of-way Permit overpayment 875.00
Conley Buick - Administrative Permit w/drawn (Car Sales) 525.00
46/77
46/78
FEBRUARY 17. 1998 (Continued)
WARRANT LIST
Approve: February 3, 1998 through February 16, 1998
Authorize: February 17, 1998 through February 23, 1998
MINUTES FOR APPROVAL
December 2 and 9, 1997 - Regular
AUTHORIZE CHAIRMAN TO SIGN
Partial Release of Special Improvement Assessment Liens:
Projects 3001-2504; 3004-2507; 3007-2508; 3009-5147(2); 3100-2509;
3102-2502(2); 3103-2502A(2); 4102-3904; 5062; 5069; 5147(2)
Satisfaction of Judgment:
E.B.,a Child (Maria Lerma, Parent), Case 93-2150J,93-3052J,94-110J
Taylor Road Bridge Replacement - Contract with Thomas Marine
Construction, Inc., $236,413.82; date performance/payment bonds
and accept insurance certificate (approved 2/3/98). RECORD S46-269
Corrective Documents (scrivener's error):
Ordinance 97-58, One-Way Streets
Ordinance 97-67, Mo Right Turn RECORD S46-270
APPROVE. RATIFY & CONFIRM S46-271
Parks & Recreation Special Interest Class Agreements:
James Alan Mathys - Puppy Kindergarten & Dog Obedience-Beginner
Gabriel Ferrer - Tennis RECORD S46-272
ACCEPT S46-273
1. City of Palmetto - Ordinances 610 and 611 (adopted 2/2/98)
Annexing Certain Territories to the City of Palmetto (Manatee
Fruit Co.).
2. West Coast Inland Navigation District - Audited Financial
Statements and Annual Local Government Financial Report for the
fiscal year ended 9/30/97.
3. Record Destruction Requests - Nos. 249, 259 and 384 Clerk of
Circuit Court Booking Records, Criminal Case Files and
Misdemeanor and Traffic Docket Books
COUNTY ADMINISTRATOR
WEST COAST INLAND NAVIGATION DISTRICT - CITY OF PALMETTO
Execution of Amendment 1 to agreement with City of Palmetto for
the provision of a West Coast Inland Navigation District (WCIND)
Project (M80)/ City of Palmetto Navigation Restoration south of
10th Street West Phase II dredging, increasing funding from
$32,094 to $64/000 through allocation of $31,906 from the Manatee
County WCIND Capital Improvement Fund. RECORD S46-274
POLICE ATHLETIC LEAGUE - SKATEBOARD PARK
Police Athletic League (PAL) to install a 10-foot high chain-link
fence around the new skateboard park, and to install four chain-
link gates for security purposes (and Chairman to sign letter to
PAL) .
EMINENT DOMAIN PROCEEDINGS - STATE ROAD 70 PROJECT
Authorize the County Attorney's office to file (if deemed
appropriate) and to prosecute an appeal to the Second District
Court of Appeal as regards the Supplemental Final Judgment Taxing
Additional Attorney's Fees as entered by Circuit Judge Robert
Boylston on December 23, 1997, in the eminent domain matter of
Manatee County vs John J. Nevins. et al, Case CA 97-4342 (parcel
2516/101 owned by Tara-Manatee, Inc.).
VOLUNTEER PROGRAM - TWELFTH JUDICIAL CIRCUIT
R-98-54 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MANATEE COUNTY, FLORIDA, AUTHORIZING THE EXPENDITURE OF COUNTY
FUNDS TO PROVIDE FOR NON-ALCOHOLIC REFRESHMENTS, MEALS, INCENTIVES
TO SUPPORT, AND COMMEMORATIVE AWARDS TO BE PRESENTED TO VOLUNTEERS
OF PROGRAMS AND EMPLOYEES UNDER THE TWELFTH JUDICIAL CIRCUIT,
RECORD S46-275
and payment of Manatee County's share of invoice from Holiday Inn
Riverfront (11/12/97), for Continuing Mediation Education seminar
luncheon, $313.09.
FEBRUARY 17. 1998 (Continued)
MANATEE COUNTY BEACH - EROSION CONTROL GROIN REPAIR
Execution of Joint Coastal Permit Application to the Army Corps of
Engineers and the Department oj;__Enyj.ronmental Protection for
limited structural repairs to the Manatee County Public Beach
Erosion Control Groin, and authorization to pay any necessary fees
associated with such permit. RECORD S46-276
BUDGET SUBMISSION DATE - CONSTITUTIONAL OFFICERS
R-98-055 RESOLUTION ESTABLISHING BUDGET SUBMISSION DATE OF MAY 1,
1998, FOR CERTAIN CONSTITUTIONAL OFFICERS (CLERK OF CIRCUIT COURT,
SHERIFF AND SUPERVISOR OF ELECTIONS) RECORD S46-277
ANNA MARIA ISLAND BEACH RENOURISHMENT PROJECT
Execution of Work Assignment 1 with Coastal Planning &
Engineering. Inc., for engineering services for design,
permitting, construction and environmental, monitoring services,
not to exceed $1,333,411. RECORD S46-278
MATERIALS AND SERVICES
1. Cedar Hammock Drainage - Award Bid 97-3396DC to Zep Construction,
Inc.. $719,168; subsequent execution of contract and dating
performance/payment bond and acceptance of insurance certificate.
2. Graders (Articulated Motor) - Enter into negotiations with
Ringhaver Equipment Co. , RFP 97-1897FL, for four graders for
Transportation Department.
3. Lift Station Structural Rehabilitation - Award Bid 97-3807DC to
McKill Constructors. Inc., $361,836; subsequent execution of
contract, dating of performance/payment bond and acceptance of
insurance certificate.
4. Medical Supplies - Award Bid 97-3851AA to multiple bidders,
estimated total of $149,193.10: Advanced Medical, Aero Products
Corp., Moore Medical, Micro Bio-Medics, Industrial Medical
Supply, Southern Surgical, Sunbelt Medical Supply, Alliance
Medical.
5. University Parkway Water Main - Award Bid 97-2812DC to Forsberg
Construction, Inc., $494,479.75; subsequent execution of
contract, dating of performance/payment bond and acceptance of
insurance certificate.
6. Vehicle Purchase - Purchase 28 light vehicles from state
contract and Florida Sheriff's Association and Association of
Counties contract vendors for various county departments,
$552,714.20: Bell Chevrolet. Don Reid Ford. Duval Ford.
Ed Morse Chevrolet, Gateway Chevrolet. Kaiser Pontiac/GMC,
Maroone Chevrolet.
7. Bradenton Middle School Renovations (aka PAL Charter School) -
Award IFB 98-4450DC to Tri-Tech Construction, Inc.. $592,126;
subsequent execution of contract, dating of performance/payment
bond and acceptance of insurance certificate.
CHLORINATION SYSTEM REHABILITATION
Issue Change Order 1 to Purchase Order 106611 with East Side Pump
& Supply. Inc.. $2,975 increase, not to exceed $98,265.12.
SNACK FOOD SALES - CONVENTION AND VISITORS BUREAU
Issue Change Order 5 in the amount of $36,000 to Purchase Order
107647 to Sysco Food Services, adjusted total of $68,000, for
grocery and snack items on an as-required basis.
WARES CREEK/CEDAR HAMMOCK FLOOD CONTROL PROJECT
Execution of Work Assignment 5 with Boyle Engineering
Corporation, for engineering services for technical review of
the Wares Creek/Cedar Hammock Flood Control Project, $36,662.
RECORD S46-279
BRADENTON BEACH TINGLEY MEMORIAL LIBRARY
R-98-43 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MANATEE COUNTY, FLORIDA, AUTHORIZING THE TERMINATION OF AN
AGREEMENT FOR THE EXCHANGE OF FUNDS FOR SUPPORT SERVICES WITH THE
CITY OF BRADENTON BEACH TINGLEY MEMORIAL LIBRARY AND AUTHORIZATION
OF AN AGREEMENT FOR THE CONSULTATION AND LENDING OF LIBRARY
MATERIALS TO THE CITY OF BRADENTON BEACH TINGLEY MEMORIAL LIBRARY.
RECORD S46-280 *"•'sr•y*"•f
S46-281
46/79
46/80
FEBRUARY 17. 1998 (Continued)
PARKS AND RECREATION - DONATIONS
Accept donations in accordance with provisions of Ordinance
86-05 and procedures established by the County Administrator
for:
1. Palma Sola Park - from Manatee Girls Softball League in the
form of labor and materials, total value of $900, to
construct pitching and catching pits and fencing.
2. Blackstone Park - from North Manatee Fast-Pitch Girls
Softball League in the form of labor and materials, total
value of $400, to add concrete to the dugout at the girls'
sbftball field.
3. Buffalo Creek Park - from North River Little League in the
form of two baseball fields, total value of $5,500, to be
constructed at the Little League Complex; and authorization
for the North River National Little League to place a
portable concession trailer at the Little League Complex,
total value of $5,000.
IMPACT FEES
1. Credit Authorization CA-97-04(T); and Final Authorization of
Transportation Credit with Cambridge Resources Group for
eligible roadway construction of Honore Avenue extension,
$207,651.06. RECORD §46-282
2. Final Authorization of Transportation Credit CA-97-06(T) with B.
W. Farm Assoc.. Inc., and Myakka Valley Safaris. Inc.. (for
Greenfield Plantation), $13,500. RECORD S46-284
SANITARY SEVyER LINE - FOSTER'S GROVE
Execution of a participation agreement with Trebor Development
Corporation for oversizing a lift station and additional manholes
and force main at Foster's Grove Development located at 4508 69th
Street East (Er;i.e Road), not to exceed $42,438. RECORD S46-285
FINAL PLATS
Homestead Acres
1. Final Plat.
Lakewood Ranch Country Club Village. Subphase C. Unit 3
1. Final Plat.
2. Mortgagee's Joinder in Declaration only from Northern Trust Bank
of Florida, N.A.
3. Mortgagee's Joinder in Declaration only from Lakewood Ranch
Community Development District 2.
4. Agreement with SMR Communities Joint Venture for Final Wearing
Course of Asphalt on Roadways. RECORD S46-286
5. Agreement with SMR Communities Joint Venture guaranteeing
completion of required improvements, $8,770.13.
6. Performance Bond: $8,770.13 (Surety Bond 116641, Frontier
Insurance Company of New York, Surety)
7. Agreement with SMR Communities Joint Venture guaranteeing
completion of required sidewalks and bikeways, $12,041.90.
8. Performance Bond: $12,041.90 (Surety Bond 116638, Frontier
Insurance Company of New York, Surety).
9. Conservation Easement from Lakewood Ranch Community Development
District 2.
10. Supplemental Declaration.
Summerfield Village. Subphase D. Unit 4
1. Final Plat.
2. Mortgagee's Joinder in Declaration only from Northern Trust Bank
of Florida, N.A.
3. Mortgagee's Joinder in Declaration only from Lakewood Ranch
Community Development District 1.
4. Agreement with SMR Communities Joint Venture guaranteeing
completion of required improvements, $87,244.65.
5. Performance Bond: $87,244.65 (Surety Bond 116749, Frontier
Insurance Company of New York) .
6. Agreement with SMR Communities Joint Venture guaranteeing
completion of required sidewalks and bikeways, $26,651.30.
FEBRUARY 17. 1998 (Continued)
7. Performance Bond: $26,651.30 (Surety Bond 116748, Frontier
Insurance Company of New York).
8. Conservation Easement from Lakewood Ranch Community Development
District 2.
9. Supplemental Declaration.
10. Maintenance Agreement with Lakewood Ranch Community Development
District 1 for right-of-way island. RECORD S46-287
11. Site Access and Drainage Affidavit Right-of-Way Irrigation and
Utilization.
12. Agreement for Installation of Private Improvements in Subdivisions
Subsequent to Final Subdivision Plat Approval with SMR Communities
Joint Venture. RECORD S46-288
EMERGENCY MEDICAL SERVICES - AUTOMATIC VENTILATORS
R-98-57 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MANATEE COUNTY, FLORIDA, AUTHORIZING THE SUBMISSION OF AN
APPLICATION TO THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF
EMERGENCY MEDICAL SERVICES, UNDER THE MATCHING GRANT PROGRAM.
(State, $56,025; County, $18,675) RECORD S46-289
RUBONIA MARDI GRAS - FEE WAIVER S46-290
Authorization for placement of one 20-yard roll-off on the east
side of Perry's Grocery Store lot on February 21 and 22, 1998, for
the Rubonia Mardi Gras celebration, appropriate service and waiver
of tipping fees at the landfill.
TRAILER ESTATES PARKS AND RECREATIONAL DISTRICT
R-98-04 A RESOLUTION OF THE BOARD OP COUNTY COMMISSIONERS OF
MANATEE COUNTY, FLORIDA, AUTHORIZING THE AMENDMENT OF A LEASE OF
CERTAIN REAL PROPERTY (located at 6814 Canada Boulevard) WITH
TRAILER ESTATES PARK AND RECREATION DISTRICT. RECORD 3^6-291
BETTER MANATEE DAY 1998 S46-292
Provide donation of in-kind services to Keep Manatee Beautiful,
Inc. , in the form of labor and equipment to transport mulch and
refuse to and from various sites and County landfill in
conjunction with Better Manatee Day 1998 (3/21/98).
FLORIDA HERITAGE FESTIVAL
Provide donation of county labor and use of equipment bo Florida
Heritage Festival during the 1998 Florida Heritage Seafood Fest,
April 4 and 5, 1998, and the Grand Parade April 25, 1998.
DEEDS AND EASEMENTS
University Parkway and Lakewood Ranch Boulevard (Intersection
Improvements) - Warranty Deed from Schroeder-Manatee Ranch. Inc.,
for right-of-way; Affidavit of Ownership and Encumbrances; Partial
Release of Mortgage from Northern Trust Bank of Florida, N.A.
STREET VACATION - ELWOOD PARK SUBDIVISION
R-98-11-V RESOLUTION DECLARING PUBLIC HEARING ON APPLICATION BY
LUKE N. AND WILLA ULRICH TO VACATE A NONCONSTRUCTED PLATTED RIGHT-
OF-WAY IN ELWOOD PARK SUBDIVISION TO BE HELD MARCH 24, 1998, AT
9:00 A.M., OR AS SOON THEREAFTER AS MAY BE HEARD. RECORD S46-293
TRAFFIC SIGNAL MAINTENANCE - STATE ROAD 70 AND BRADEN RUN DRIVE
Execution of Traffic Signal Maintenance and Operation Order 101
with Florida Department of Transportation for the installation of
traffic signals at the intersection of State Road 70 and Braden
Run. RECORD S46 -294
SARASOTA-MANATEE PROFESSIONAL FIREFIGHTERS AND PARAMEDICS. LOCAL 2546
Schedule special meeting/public hearing March 10, 1998, 2:00 p.m.,
or as soon thereafter as may be heard, for resolution of impasse
in negotiations between the County Administrator and Sarasota-
Manatee Professional Firefighters and Paramedics Local 2546.
(End Consent Agenda)
PROCLAMATION
Upon motion by Mr. Stephens, and second by Mrs. Harris, a Proclamation
was unanimously adopted designating February 23, 24, and 28, 1998, as
Shrine Hospital Days. RECORD 346-295
46/81
46/82
FEBRUARY 17. 1998 (Continued)
LIBRARY BOARD OF TRUSTEES
Nominations were received for appointment of two persons to the Library
Board of Trustees:
Ann Peabody - by Mr. Bruce
Judge Thomas Gallen - by Mrs. Stein
Motion was made by Mr. McClash, and seconded by Mr. Stephens, to close
the nominations and appoint Ann Peabody and Judge Thomas Gallen to the
Library Board of Trustees, one for the at-large seat and one for the
unincorporated seat.
Following request for clarification as to the categories being voted
upon, motion and second were withdrawn.
Mrs. Glass stated the nominations were for the at-large seat. By show
of hands. Judge Gallen was appointed by majority vote.
Nominations were received for the unincorporated seat:
Natalie Smith - by Mrs. Harris
Ann Peabody - by Mrs. Stein
By show 6£ hands, Ann Peabody was appointed by majority vote.
CITIZENS• COMMENTS
Samoaet Elementary School - Citing the critical need for improvements
to the Samoset Elementary School area were Alex Chavez, Hispanic
Chamber of Commerce; Greg Kunka, Samoset Elementary School Principal;
and Shawn Foster, Chairman of the SAC Committee. They reported there
are no sidewalks for children to walk to school; traffic is speeding
through the area; there are ditches along the roadway filled with water
and dead animals; etc. They stated they have also approached the
School Board regarding the issue but were directed to the County
Commission to resolve the problems with the sidewalks and ditches.
Mr. Foster submitted photographs depicting the ditches, debris,
children walking in the street, flooded playground area, etc., and an
article from The Bradenfcon Herald (12/6/97) regarding plans for
installation of school sidewalks.
Discussion: Matter must be addressed jointly with School Board and a
priority list is necessary; County funds for school sidewalks.
Library Board of Trustees
Ann Peabody expressed her appreciation for appointment to the Library
Board of Trustees.
(Depart Mr. Stephens and Mr. McClash)
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
Charles Hunsicker, Ecosystems Manager, submitted the Solid Waste
Management Trust Fund Review Commission Final Report and requested
adoption of
R-98-56 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OP
MANATEE COUNTY, FLORIDA, IN SUPPORT OF ESTABLISHING A SECURE
FUNDING SOURCE FOR THE SURFACE WATER IMPROVEMENT AND MANAGEMENT
(SWIM) PROGRAM OF THE SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT (SWFWMD).
(Enter Mr. Stephens)
He stated this would provide a funding source for SWIM projects
without competition from higher priorities, such as criminal justice.
Motion was made by Mrs. Stein, seconded by Mrs. Harris, and carried
5 to 0, to adopt Resolution R-98-56. RECORD s 46 -296
FEBRUARY 17. 1998 (Continued)
Southern Water Use Caution Area
Terry Johnson, SWFWMD, gave a Southern Water Use Caution Area (SWUCA)
status report. He reviewed slides depicting the variations which are
occurring in water use, ground-water levels, lake levels and
chlorides in deep coastal wells; citrus acreage, water use versus
water level; coastal ground-water quality monitoring program;
chloride and sulfate trends; SWUCA lake levels; etc. He reviewed the
SWUCA staff team focus, outreach goals and basic principles for
future local government water supply planning.
(Enter Mr. McClash; Depart Mrs. Glass; Ms. Brown presiding)
SOUTHERN WATER USE CAUTION AREA - RULE CHALLENGE
Jeffrey Steinsnyder, Assistant County Attorney, explained that the
Board previously authorized an appeal of two sections of the Final
Order of Administrative Law Judge Stephen Menton as to the SWUCA Rule
Challenge, i.e., the wholesale supply and protection for existing users
sections. He reported that Rule 40D-2.301(2), Florida Administrative
Code, Conditions for Issuance of Permits, under which the judge opined
that such protection for existing users was not contemplated by
Statute, has been withdrawn. He recommended the Board not address this
issue in its appeal and proceed solely on the wholesale supply
provision.
Motion was made by Mr. McClash, and seconded by Mrs. Harris, to accept
the recommendation.
(Enter Mrs. Glass)
Motion carried unanimously.
Recess/Reconvene. All members present except Mrs. Harris.
ORDINANCE 97-18 - COMPREHENSIVE PLAN AMENDMENT
Public hearing (Notice in the Bradenton Herald 2/6/98) was held to
consider
ORDINANCE 97-18 AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA,
AMENDING MANATEE COUNTY ORDINANCE 89-01, AS AMENDED, THE MANATEE
COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN AMENDMENT TO THE
FUTURE LAND USE MAP (SHEET 10) FROM RES-1 AND RES-l/CH TO RES-3
AND RES-3/CH FOR CERTAIN LAND ON 49 ACRES LOCATED 9400 9TH AVENUE
NORTHWEST AND 9528 17TH AVENUE NORTHWEST; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(PA-97-18; Property Owners: William W. and Judith Anne Gaunt and
William Robinson)
Mark Barnebey, Assistant County Attorney, explained that if the Board
proceeds with the amendment, the public hearing should be continued to
the February 24 meeting, which will allow it to be grouped with the
remainder of Comprehensive Plan amendments.
Carol Clarke, Planning Director, explained there is a statutory
limitation on submission of Plan amendments to twice a year.
(Enter Mrs. Harris)
The chronology of events concerning this amendment was outlined: The
Board voted to transmit the amendment to Department of Community
Affairs (DCA) (9/16/97); DCA objected to its adoption (11/13/97); the
Board voted not to adopt the amendment (12/16/97) ; and a motion was
made to reconsider (1/6/98) based upon new information from DCA.
46/83
46/84
FEBRUARY 17. 1998 (Continued)
Leon Kotecki,, Planning Department, reviewed the request. He stated
the DCA Objections, Recommendations and Comments (11/13/98) did not
recommend adoption of the amendment noting it would increase
densities in an area within the Coastal High Hazard Area (CHHA) . The
State indicated more consideration should be given to protection in
the CHHA. He stated the state legislature, at this point, shows the
potential for the CHHA to be moved further upland which will
encompass this area.
Discussion: Indications are that the State has passed legislation
altering the definition of CHHA to those lands within the Hurricane
Category 1, Storm Evacuation Area A; decision should be based on
current Comprehensive Plan; if approved by Board, DCA will issue a
notice of compliance or noncompliance; if not in compliance, the
amendment would go to administrative hearing; if in compliance, it
could be challenged and proceed to further hearings; etc.
Mr. Kotecki submitted 17 letters in favor and 9 in opposition to the
amendment.
Ed Vogler, attorney representing the applicant, noted the new CHHA maps
are not yet effective, and referenced an internal memorandum of DCA
(10/28/97) wherein it concludes that Manatee County is technically
consistent with the provisions of the Coastal Management Element of the
adopted Plan. He stated this proposed amendment is consistent with the
current Comprehensive Plan and the burden of proof to show otherwise is
on DCA.
Pat Neal, proposed developer of the parcel, requested approval. He
submitted the 1996 Hurricane Evacuation Map which he stated the DCA
adopted. He pointed out DCA does not want the density increased in
that zone when the 1997 update is adopted, which has not yet occurred.
He informed the Board that the State has never applied sanctions
against a local government since acquiring that power in 1985.
(Note: Photos were submitted but not referenced.)
Mr. Barnebey noted that the Governor and Cabinet do not always follow
the recommendations of the Administrative law judge and the possibility
of sanctions being imposed does exist; sanctions have been issued at
least twice in the past; and sanctions could affect community
development block grant funding, recreation development assistance
program funding, revenue sharing, and beach management funding as well
as sales and leases regarding the internal improvement trust fund.
Patricia Petruff, representing property owners in Palma Sola (list of
property owners submitted), spoke in opposition to the application.
She outlined reasons for denial, noting that RES-3 zoning is not
appropriate for this property and that there has been no change in
circumstances to justify that change. She pointed out consideration
must be given to the CCHA.
Speaking in opposition to the request were Ina Baden, area resident,
who submitted photographs depicting flooding in the area; Greg
Geraldson, area resident; Nick Baden, area resident; and Gloria Rains,
representing Manasota 88.
Jim Dellinger spoke in favor of the request.
Recess/Reconvene. All members present.
Mr. Vogler stated the Board has discretion to approve the amendment,
the application is consistent with the current Comprehensive Plan; and
sanctions, while theoretically possible, are not a probability.
FEBRUARY 17. 1998 (Continued)
Discussion: RES-3 zoning is not compatible with lower densities
surrounding the property; land can be developed profitably at one
dwelling unit per acre; integrity of the Comprehensive Plan should be
maintained; Board is in the process of adopting other Evaluation and
Appraisal Report (EAR) Comprehensive Plan amendments limiting density
increase in this area, etc.
Motion
Based upon the evidence presented, comments made at the public hearing,
the action of the Planning Commission, and upon the technical support
documents, and finding the request to be inconsistent with the
provisions of Chapter 163, Florida Statutes, and the Manatee County
Comprehensive Plan, and upon comments received from the State of
Florida Department of Community Affairs, Mrs. Stein moved noj; to adopt
Manatee County Ordinance 97-18 (Plan Amendment PA-97-18). Motion was
seconded by Mr. Bruce.
Discussion: Proposed amendment should be considered under current, not
proposed. Comprehensive Plan; evacuation maps were not intended to be
used for land use decisions; this is not EAR-based amendment; financial
impact on developer should not be considered; density should not be
increased in CHHA; Planned Development process, etc.
Vote on Motion
Motion carried 4 to 3, with Mr. Stephens, Ms. Brown and Mrs. Harris
voting nay.
PARRISH DEPOT - ENHANCEMENT FUNDING
David Rothfuss, Assistant County Administrator, requested authorization
for the Chairman to send a letter to the Metropolitan Planning
Organization (MPO) requesting that the $80,000 of Florida Department of
Transportation funding for the Parrish Depot be reallocated. He
explained that the Parrish Depot is no longer eligible for placement in
the National Register of Historical Places due to a recent fire;
consequently, this project is no longer eligible for Enhancement
Funding.
He stated three projects have been identified as eligible: State Road
64/Palma Sola Causeway Multi-Purpose Trail and Bike Lane Project; City
of Anna Maria/Bicycle-Pedestrian Pathway; and City of Holmes
Beach/Bicycle-Pedestrian Pathway.
Mr. McClash recommended the letter be changed to redirect the
Enhancement Funds to the State Road 64/Palma Sola Causeway Multi¬
purpose Trail and Bike Lane Project only.
Motion was made by Mr. McClash and seconded by Mr. Stephens to
authorize the Chairman to send the letter with the recommended change.
Motion carried unanimously.
TRANSPORTATION PROJECTS
Mr. McClash reported that funding for the 14th Street/30th Avenue
project will have to be redirected.
Harry Mendenhall, Transportation Department, stated that funding can be
redirected to such projects as Lakewood Ranch Boulevard intersection
improvements; 51st Street West at Cortez Road; 59th Street West at
Cortez and at Manatee; 75th Street at Manatee and 43rd Street West and
Cortez Road. He stated other possibilities can be identified within
the next 10 days to recommend to the MPO for the reallocation of these
funds. There were no objections.
46/85
46/86
FEBRUARY 17. 1998 (Continued)
119th Street/Cortez Road - Traffic Signal
Regarding the status of the traffic signal at 119th Street and Cortez
Road, Mr. Mendenhall reported that the light should be fully operative
the middle of next week.
U.S. 41/Tallevast Road - Traffic Signal
Upon question as to when the signal at U.S. 41 and Tallevast Road will
be operative, Mr. Mendenhall stated they are ready to set the base on
the controller and start the overhead work. He stated it will take
approximately 30 days to complete, noting they have lost three traffic
signal technicians in the last 30 days due to competitive salaries.
FLORIDA ASSOCIATION OF COUNTIES COMMERCIAL PAPER LOAN PROGRAM
Jim Seuffert, Financial Management Department Director, recommended
adoption of:
R-98-49 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MANATEE COUNTY, FLORIDA, AUTHORIZING THE BORROWING OF NOT
EXCEEDING $2,900,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM
OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE
TERMS OF THE LOAN AGREEMENT BETWEEN THE COMMISSION AND THE COUNTY
IN ORDER TO REFINANCE CERTAIN LOANS MADE FOR THE ACQUISITION AND
CONSTRUCTION OF VARIOUS CAPITAL IMPROVEMENTS WITHIN THE COUNTY;
AUTHORIZING THE EXECUTION OF TWO LOAN NOTES TO EVIDENCE SUCH
BORROWING; AGREEING TO SECURE LOAN NO. A-1-4 WITH A COVENANT TO
BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM REVENUES
AS PROVIDED IN THE LOAN AGREEMENT; AGREEING TO SECURE THE
PRINCIPAL OF LOAN NO. A-2-4 WITH A FIRST LIEN ON THE PROCEEDS OF
MANATEE COUNTY, FLORIDA, GENERAL OBLIGATION BONDS (EMERSON POINT
LANDS) WHEN AND IF ISSUED AND IF SUCH GENERAL OBLIGATION BONDS ARE
NOT ISSUED THE INTEREST AND PRINCIPAL OF SUCH LOAN NO. A-2-4 SHALL
BE SECURED WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY
AVAILABLE NON-AD VALOREM REVENUES; AUTHORIZING THE EXECUTION AND
DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT
SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE;
R-98-50 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MANATEE COUNTY, FLORIDA, AUTHORIZING THE BORROWING OF NOT
EXCEEDING $1,200,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM
OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE
TERMS OF THE LOAN AGREEMENT IN ORDER TO FINANCE CERTAIN CAPITAL
IMPROVEMENTS WITHIN THE COUNTY; AUTHORIZING THE EXECUTION OF A
LOAN NOTE OR LOAN NOTES TO EVIDENCE SUCH BORROWING AND AGREEING TO
SECURE SUCH BORROWING WITH A COVENANT TO BUDGET AND APPROPRIATE
LEGALLY AVAILABLE NON-AD VALOREM REVENUES AS PROVIDED IN THE LOAN
AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER
DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND
PROVIDING AN EFFECTIVE DATE; and
R-98-51 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MANATEE COUNTY, FLORIDA, AUTHORIZING THE BORROWING OF NOT
EXCEEDING $3,000,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM
OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE
TERMS OF THE LOAN AGREEMENT BETWEEN THE COMMISSION AND THE COUNTY
IN ORDER TO REFINANCE A PORTION OF A CERTAIN LOAN MADE TO FINANCE
THE ACQUISITION AND CONSTRUCTION OF VARIOUS CAPITAL IMPROVEMENTS
WITHIN THE COUNTY; AUTHORIZING THE EXECUTION OF A LOAN NOTE TO
EVIDENCE SUCH BORROWING AND AGREEING TO SECURE SUCH BORROWING WITH
A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD
VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING
THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE
NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE
DATE.
FEBRUARY 17. 1998 (Continued)
He advised that Resolutions R-98-49 and R-98-51 authorize extending the
repayment date for loans for Emerson Point ($1,250,000), Crosley Estate
($1,650,000), and the First Union/Court house Annex ($3,000,000) to
March 3, 1999, and Resolution R-98-50 authorizes issuance of $1,200,000
in commercial paper for remediation and improvements to the former
First Union Building.
He noted this would place the remedial repairs at $1.6 million, which
is less than estimated, and place the total cost at approximately $3
million for the combination of remedial repairs and acquisition.
Discussion followed regarding the acquisition of the building including
price, appraisal, cost per square foot, reason for purchase in light of
extensive renovations needed; rental costs for county offices, etc.
Sam Love, Facilities Management Director, stated the building was
inspected and reports were provided by Woodroffe Corporation
Architects, Fawley-Bryant Architect and staff.
It was suggested that the total cost for future renovations, combined
with the purchase price, may be excessive and that the building should
be sold and replaced with a new building.
Action was deferred regarding R-98-50 so that options regarding the
building can be reevaluated, e.g., specific plans for the building;
cost to demolish old building and rebuild on site; structural life
expectancy of old building; whether plans are underway for a judicial
center; etc.
Motion was made by Mrs. Stein, seconded by Mrs. Brown and carried
unanimously, to adopt Resolutions R-98-49 and R-98-51. RECORD S46-297
S46-298
BLACKS-TONE PARK EXPANSION
Daniel Hopkins, Parks and Recreation Director, requested approval of
the conceptual plan for the expansion of Blackstone Park. He showed a
sketch of the plan which includes soccer fields, swimming pool, bath
house, basketball facility, playground area, tennis courts and parking.
He reported that the Board authorized preliminary negotiations to
acquire real property adjacent to Blackstone Park. The Preston family
(owner) has requested the Board approve the elements of the conceptual
plan to ensure the park expansion is consistent with that plan.
Discussion: General description of park can be provided; however, need
specifics as to facilities to be provided at the park, etc.
Ernie Padgett, County Administrator, stated they have made an offer to
the Prestons of $305,000; however, the Prestons want the County to
participate in the cost of constructing a road adjacent to the park.
Negotiations are ongoing, with staff recommending no participation in
constructing the road and the Preston family recommending certain
stipulations, e.g., what fields can be lighted, etc.
He recommended acquiring input from the community as to development of
the park based on the expanded park, as well as on the existing parcel
in the event a satisfactory agreement is not reached.
Mr. McClash moved that staff go out into the community and gather their
input on the expansion property as well as the existing park boundaries
to be brought back to the Board. Motion was seconded by Mrs. Stein and
carried unanimously.
46/87
46/88
FEBRUARY 17. 1998 (Continued)
P.S. BEACH ASSOCIATES. INC. - LICENSE FEES
Mr. Hopkins requested authorization to proceed with development of a
settlement agreement with P.S. Beach Associates. Inc. to operate beach
concessions at Coquina Beach and Manatee Beach, based upon (1) payment
of December rent as outlined in the letter (12/30/97) from Dee
Percifield; (2) payment of the additional $24,288 arrearage at the rate
of $300 per week until paid in full; (3) renewal of the agreement for
the final three-year term; and (4) failure to make any new or
settlement payment in a timely manner to constitute a default with the
lease subject to termination as determined by the Board of County
Commissioners.
Mr. Stephens moved to approve the request as presented. Motion was
seconded by Mrs. Harris and carried unanimously.
LAND ACQUISITION PROCEDURES
Jim Staples, Land Acquisition Manager, reported regarding policy and
procedures relevant to the responsibilities and functional aspects of
land acquisition required for capital improvement projects.
He stated a project with 10 to 20 parcels takes a minimum of 12 months
for the acquisition process and projects with 20 to 40 parcels take 20
months. He recommended that any project with over 30 parcels be
allotted 24 months.
Discussion: Receipt of right-of-way and construction drawings delay
process; establish 12-month time period as goal regardless of the
number of parcels; hire outside firm to assist in land acquisition if
necessary; bring matter back during budget process; etc.
It was recommended that the County Administrator discuss the matter
with staff and Department Director and come back with options during
the budget process as to costs to engage a consultant or additional
staff. There were no objections.
(Depart Mr. .Stephens)
TRAFFIC CONTROL - LEFT-TURN SIGNALS
Harry Mendenhall, Transportation Department, requested authorization
for the Chairman to execute a letter to the Florida Department of
Transportation (DOT) Traffic Operations Office to request the DOT to -
study the listed intersections for conversion to protected/permissive
left-turn signal operation.
Motion was made by Mr. Bruce, and seconded by Mrs. Stein, to approve
the request.
It was requested that State Road 64 at Manatee Avenue, 75th Street and
59th Street and U.S. 301 at 26th Avenue and 30th Avenue be added to the
list. There were no objections.
Motion carried 6 to 0 (38 intersections). RECORD S46-299
(Enter Mr. Stephens)
BRADENTON DEPOT - HISTORICAL RESOURCES GRANT
Consideration was given to request for adoption of
R-98-47 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MANATEE COUNTY, FLORIDA, ACCEPTING A GRANT FROM THE FLORIDA
DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES, TO
CONDUCT AN APPRAISAL SURVEY OF THE BRADENTON DEPOT
(State $12,500; Local match $12,500)
to be completed prior to June 30, 1999, and to authorize the Chairman
to execute all related documents with regard to the acceptance of the
grant.
FEBRUARY 17. 1998 (Continued)
Mr. Stephens pointed out it will cost approximately $.5 million to
renovate the building and questioned the source of funding.
Mr. Seuffert advised that the Board gave conditional support for
acquisition, one condition of which was to determine public/private
support for management of the site. He noted CSX took the property off
the market for a time and it is possible acquisition will not occur.
Discussion: State has funds for acquisition of properties depending on
ranking; depots are not usually ranked very high; determine if it fits
within the Downtown Development Authority's master plan; etc.
Motion was made by Mr. McClash, seconded by Mrs. Stein and carried
unanimously, to approve the request. RECORD S46-300
S46-301
CLOSED LITIGATION MEETINGS
Teddy Williams, County Attorney, submitted a written summary (2/11/98)
of the law regarding closed litigation, risk management and labor
negotiations meetings.
Discussion: Holding meetings in the "sunshine" whenever possible;
County must already be a party to a lawsuit or administrative
proceeding to discuss matters in closed session; settlements must be
approved in open session; Board has the discretion to hold closed
meetings; etc.
Gloria Rains, representing ManaSota 88, complained that the County was
able to keep details of the orimulsion report confidential throughout
recent orimulsion hearings because of discussions in closed session.
COMPRHENSIVE PLAN AMENDMENTS
Public hearing (continued from 1/27/98) was opened to consider
ORDINANCE 97-01 AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA,
AMENDING, REVISING AND REFORMATTING IN ITS ENTIRETY THE
COMPREHENSIVE PLAN (ORDINANCE 89-01, AS AMENDED) OF MANATEE
COUNTY, FLORIDA, WHICH WILL CONTROL FUTURE LAND USE, PUBLIC
FACILITIES, AND NATURAL RESOURCES PURSUANT TO THE LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT (PART
II OF CHAPTER 163, FLORIDA STATUTES), INCLUDING GENERAL
INFORMATION AND DEFINITIONS, FUTURE LAND USE, CONSERVATION,
COASTAL MANAGEMENT, TRAFFIC CIRCULATION, MASS TRANSIT, AVIATION,
PORT, HISTORIC AND CULTURAL RESOURCES, HOUSING, RECREATION AND
OPEN SPACE, PUBLIC FACILITIES, CAPITAL IMPROVEMENTS,
INTRAGOVERNMENTAL AND INTERGOVERNMENTAL COORDINATION, AND PLAN
MONITORING AND EVALUATION ELEMENTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
(PA[EAR]-97-01 - Text Amendments)
ORDINANCE 97-15 AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA,
AMENDING MANATEE COUNTY ORDINANCE 89-01 (AS AMENDED), THE MANATEE
COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN AMENDMENT TO THE
FUTURE LAND USE MAP (SHEETS 7, 8, 9, 14, 15, 16, 19, 20, 21 AND
22) TO ADJUST THE BOUNDARIES OF THE WATERSHED OVERLAY DISTRICT FOR
CONSISTENCY WITH BEST AVAILABLE DATA, CONSISTING OF 116,189.33
ACRES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
(PA[EAR]-97-15 - Watershed Boundaries)
46/89
46/90
FEBRUARY 17. 1998 (Continued)
ORDINANCE 97-16 AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA,
AMENDING MANATEE COUNTY ORDINANCE 89-01 (AS AMENDED), THE MANATEE
COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN AMENDMENT TO THE
FUTURE LAND USE MAP (SHEETS 4, 5, 10, 11, 12, 13, 17, 18 AND 19)
TO ADJUST THE BOUNDARIES OF THE COASTAL HIGH HAZARD OVERLAY
DISTRICT, AND MAPS 4A AND 4B OF THE COASTAL MANAGEMENT ELEMENT,
FOR CONSISTENCY WITH BEST AVAILABLE DATA AND FOR CONSISTENCY WITH
THE REQUIREMENTS OF RULE 9J-5.003, AS AMENDED; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(PA[EAR]-97-16 - Coastal Maps and Overlays)
ORDINANCE 97-17 AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA,
AMENDING MANATEE COUNTY ORDINANCE 89-01 (AS AMENDED), THE MANATEE
COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN AMENDMENT TO THE
FUTURE LAND USE MAP (SHEETS 4, 5, 6, 7, 11, 12, 13, 14, 15, 16,
18, 19, 20, 21, 22, 23 AND 24) TO ADD THE LOCATION OF PUBLIC
SUPPLY WELLS AND WELLHEAD PROTECTION AREAS WITHIN UNINCORPORATED
MANATEE COUNTY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
(PA[EAR]-97-17 - Wellhead Protection Map)
ORDINANCE 97-19 AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA,
AMENDING MANATEE COUNTY ORDINANCE 89-01 (AS AMENDED), THE MANATEE
COUNTY COMPREHENSIVE PLAN; PROVIDING FOR TEXT AMENDMENTS TO THE
PORT MASTER PLAN IN CHAPTER 4, COASTAL ELEMENT, TO UPDATE CURRENT
CONDITIONS AND PROPOSED IMPROVEMENTS AT THE PORT AND REVISE
EXISTING GOALS, OBJECTIVES AND POLICIES; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(PA[EAR]-97-19 - Port Manatee)
Michael Wood, Planning Department, referenced a handout addressing
topics previously identified for discussion and direction including
Coastal High Hazard Area (CHHA), Wetlands, Uplands, Wastewater
Treatment and Potable Water Connection.
Coastal High Hazard Area
He referred to memorandum (2/16/98) from Carol Clarke, Planning
Director, which explains how evacuation zones are determined; a CHHA
map; and .summary of the proposed CHHA policies. He pointed out that
the new policy essentially proposes no increase in the Future Land Use
Map in the new CHHA.
Gloria Rains, representing ManaSota 88, stated most of the proposed
policies are very good but has some question regarding Policies
4.3.1.5, 4.3.1.2 and 2.2.2.4.4.
Bill Merrill/ II, representing Florida Coast Development Corporation,
contract purchaser and developer; Walt Eppard; Wading Bird Golf and
Country Club; and Don McFarland and Clair Butler, current owners of a
622-acre tract of land located on the south side of the Manatee River.
He stated his clients are in the process of rezoning the property and
have submitted a rezone application. He requested consideration be
given to a grandfathering clause for those types of applications that
are deemed complete and are currently pending. He submitted copy of
memorandum to Mark Barnebey (2/16/98) outlining recommended language in
that regard for inclusion in the proposed Plan.
FEBRUARY 17. 1998 (Continued)
He submitted copies of correspondence he sent to DCA (12/2/97) and
response from DCA (12/11/97) confirming the DCA's approach toward
imp 1 ©mental ion of the CHHA provisions of Rule 9J-5 . 012 (3) (b) 6 . , FAC.
He requested clarification regarding the special approval process
mentioned in proposed policy 2.2.2.4.4 and existing regulations
referenced in 4.3.1.1; recommended the first sentence in 4.3.1.5 read,
"Limit the amount of public infrastructure, number—of—docko, and the
amount of impervious surface in the CHHA by promoting the clustering of
uses."; requested clarification in 4.3.2.2 as to whether roads
surrounding the CHHA are included within the boundaries of the CHHA;
and that the words County-funded be added prior to "infrastructure"
in policy 4.3.2.1.
Discussion followed regarding recommendations; FEMA velocity zone;
public infrastructure prohibited in the CHHA; policy 4.3.1.1 references
existing CHHA; effect on property rights; acute care facilities
prohibited in the CHHA; clarification of water and sewer in the CHHA;
overriding public interest; limiting public facilities to seaward of
the 5-foot contour area; etc.
Staff advised that recommendations will be submitted in one week
regarding the issues discussed.
Wetlands Protection Policy
Mr. Wood reviewed the proposed language for wetlands protection.
Gloria Rains, representing ManaSota 88, stated the proposal does not
sufficiently protect wetlands in Manatee County.
Uplands Policy
Mr. Wood reviewed the proposed language for uplands protection.
Wastewater Treatment Policy
Mr. Wood reviewed the proposed wastewater treatment policy and
displayed a map entitled "Future Land Use Within Updated Coastal High
Hazard Area."
Discussion: Exceptions policy; making policy County-wide; definition
of "reasonably" when stating "is not reasonably feasible"; requiring
dry-lines when sewer extensions are not expected in a reasonable
period of time; requiring hookup to the sewer system even though it
is not reasonably available; maintaining balance in rural needs;
develop simple policy statement requiring hookup if sewer lines are
available; have specifics in Land Development Code; etc.
Potable Water
Mr. Wood reviewed the proposed policy regarding potable water supply.
Discussion: Definition of what is used for concurrency; treated plant
versus the available water supply; etc.
Motion
Motion was made by Mr. McClash, seconded by Ms. Brown and carried
unanimously, to continue the public hearings on PA(EAR)97-01 Text
Amendments; PA(EAR)97-15 Watershed Boundaries; PA(EAR)97-16 Coastal
Maps and Overlays; PA(EAR)97-17 Wellhead Protection; and PA(EAR)97-19
Port Manatee to February 24, 1998, at 9:00 a.m., or as soon
thereafter as may be heard, with public comment remaining open.
46/91
46/92
FEBRUARY 17. 1998 (Continued)
COMMISSIONERS' COMMENTS
Uplands - Building Permit Denial
Mr. Stephens reported that a property owner was denied a building
permit because he did not have his five acres surveyed to determine if
the proper amount of uplands was present, which was not a requirement
six months ago. He explained that the owner divided the property into
five parcels and had 3.87 acres of uplands, instead of the currently
required 4 acres, and was denied on that basis. Options were suggested
such as rezoning to A-l or PDR. He noted they relied on information
from the County to divide the property; however. Planning Department
did not advise them of the uplands requirement. He questioned whether
there would be a title problem for those who built with less than the
current uplands requirement when selling their property.
Disposition: Referred to staff for report.
84th Street Northwest
Mr. Stephens reported that half the residents along 84th Street
Northwest voted for a sewer participation project. He stated that
those property owners who did not want to participate have changed
their minds and want to be included.
Disposition: Referred to County Administrator.
Commerce Boulevard
Mrs. Harris reported there is a gap in the pavement on Commerce
Boulevard which is starting to erode and presents a safety hazard. She
requested it be placed on a future agenda for funding.
Disposition: Referred to County Administrator.
34th Street Construction/Morton Village
Mrs. Harris stated the construction on 34th Street is causing a
hardship for Morton Village residents exiting from Morton Village onto
34th Street. She requested the County investigate funding an off-duty
officer at that location for the duration of the project.
Lingerie Shops
Mrs. Harris requested the matter of setting a policy regarding lingerie
establishments, particularly in south county, be scheduled in March.
Switchboard Relocation
Mrs. Harris recommended that the switchboard station in the
Administrative Complex be relocated; she suggested it be discussed at
the budget sessions.
Piney Point Phosphate Discharge
Mr. McClash requested an update regarding Piney Point Phosphate
discharge as to radioactivity, silting, possible discharge from holding
pond area, etc.
McLewis Bayou
Mr. McClash requested an update regarding McLewis Bayou.
MEETING ADJOURNED
There being no further business, the meeting was adjourned.
Approved:
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