16
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

FEBRUARY 17. 1998 The Board of County Commissioners ...€¦ · The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112

  • Upload
    others

  • View
    2

  • Download
    0

Embed Size (px)

Citation preview

Page 1: FEBRUARY 17. 1998 The Board of County Commissioners ...€¦ · The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112

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

Page 2: FEBRUARY 17. 1998 The Board of County Commissioners ...€¦ · The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112

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.

Page 3: FEBRUARY 17. 1998 The Board of County Commissioners ...€¦ · The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112

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

Page 4: FEBRUARY 17. 1998 The Board of County Commissioners ...€¦ · The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112

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.

Page 5: FEBRUARY 17. 1998 The Board of County Commissioners ...€¦ · The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112

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

Page 6: FEBRUARY 17. 1998 The Board of County Commissioners ...€¦ · The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112

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

Page 7: FEBRUARY 17. 1998 The Board of County Commissioners ...€¦ · The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112

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

Page 8: FEBRUARY 17. 1998 The Board of County Commissioners ...€¦ · The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112

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.

Page 9: FEBRUARY 17. 1998 The Board of County Commissioners ...€¦ · The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112

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

Page 10: FEBRUARY 17. 1998 The Board of County Commissioners ...€¦ · The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112

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.

Page 11: FEBRUARY 17. 1998 The Board of County Commissioners ...€¦ · The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112

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

Page 12: FEBRUARY 17. 1998 The Board of County Commissioners ...€¦ · The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112

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.

Page 13: FEBRUARY 17. 1998 The Board of County Commissioners ...€¦ · The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112

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

Page 14: FEBRUARY 17. 1998 The Board of County Commissioners ...€¦ · The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112

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.

Page 15: FEBRUARY 17. 1998 The Board of County Commissioners ...€¦ · The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112

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

Page 16: FEBRUARY 17. 1998 The Board of County Commissioners ...€¦ · The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112

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:

S^^^^t^

"i''^1"^. Chair^A ^

--^ "'^-r-.^^s^- •

Adj : 5 : 3Q. p. m:..1'-

/emi