44/398 july 11, 1995 the board of county commissioners, … › boardrecords › browse › minutes...

44/398

JULY 11, 1995

The Board of County Commissioners, Manatee County, Florida, met in

REGULAR SESSION in the Administrative Center, 1112 Manatee Avenue West,

Bradenton, Florida, Tuesday, July 11, 1995, at 9:02 a.m.

Present were CSunni'saicners:

Stan i^tephens, Chairman

Patricia M. Glass,' First Vice-Chainnan

Joe'McClt^-'h, Second Vice-chairman

John Gaus<a,- Third V^c-s-Chairman

Lari ^Ann Harris -

Maxine M. Hooper —

Gwendolyn Y.-Brown-^

Also present were:

Ernie Padgett, County Administrator

H. Hamilton Rice, Jr., County Attorney

Judy LaMee, Director of Communications and Development,

representing R. B. Shore, Clerk of Circuit Court

Invocation by Rev. Don E. White, Good Shepherd Church of the Brethren.

The meeting was called to order by Chairman Stephens.

AWARDS

Representatives from the Lifetime Cancer Screening Program, H. Lee

Moffitt Cancer Center and Research Institute, presented the Board an

award for cancer prevention, education, and early detection programs.

Employee of the Month

A Certificate of Recognition was presented to Jeffrey Harnish. Parks and

Recreation Department, as July 1995 Employee of the Month. A video was

shown demonstrating Mr. Harnish's accomplishments.

Master Gardeners

Richard Aalberg, Agriculture and Natural Resources Director, explained

the Master Gardeners program. He introduced Peggy Dessaint, a

horticulture agent, who presented certificates to the 24 graduates of

the program (name of the graduates listed in the staff report).

Alien Garner submitted "Florida Yards and Neighborhoods Handbook."

City of Palmetto Enterprise Zone

Pat Whitesell, Palmetto City Council, and Peggy Johnson, Community

Redevelopment, presented plaques to Karen Jackson-Sims and Rick Windom,

Community Affairs/Intergovernmental Relations Department, for their

assistance in establishing an Enterprise Zone for the City of Palmetto.

CITIZENS/ COMMENTS

Fair Lane Acres Mobile Home Park

Stephen W. Thompson, representing two residents of Fair Lane Acres

Mobile Home Park, reported his clients are connected to the County sewer

system, however, receive water from Fair Lane Utility Company. He

requested his clients be connected to the County water system.

Disposition: Referred to Ernie Padgett, County Administrator, to place

on future agenda.

Transportation

William R. Wheeler requested the public be informed that electric coils

buried in the street trigger left turn signals. In particular, he

referred to the intersection of U.S. 301 Boulevard and SR 70.

Upper Manatee River Road ^ High School Construction

Janet McMurtry requested the Board prioritize construction of a

continuation of Upper Manatee River Road between SR 64 and SR 70 in

order to allow the School Board to proceed with construction of a high

school (property owned by Schroeder-Manatee Ranch).

Discussion: Wait until requested information comes from the School

Board; schedule a work session and joint meeting with the School Board

and Schroeder-Manatee Ranch; etc.

JULY 11. 1995 (Cont'd)

John Clarice, Schroeder-Manatee Ranch (SMR) President, and Rex Jensen,

representing SMR, commented on the site for the proposed high school,

and stated they are prepared to contribute and be a part of the

discussion. Mr. Clarke submitted an aerial of the site.

Florida Power and Light Co. - Orimulsion

Clarence Troxell addressed concern as to the use of orimulsion (proposed

at the Florida Power and Light Co. plant in Parrish). He referred to

the Tampa Bay Regional Planning Council recommendation supporting the

use of orimulsion; however, the use is not without restrictions.

(Additional discussion under Commissioners^ Comments)

CONSENT AGENDA

Upon motion by Mrs. Harris and second by Mr. McClash, the Consent Agenda

for July 11, 1995, was approved unanimously, with deletion of (1) SR 70

Road Improvement/Right-of-Way Acquisition: Manatee Realty Investments;

and (2) Engineering Consulting Services/Tropical Shores Sewer/Road

Project (separate actions). Items APPROVED:

CLERK OF CIRCUIT COURT

CONSENT CALENDAR

BONDS

Accept;

Sheriff's Public Deputies Blanket Bond (18 additions; 8 deletions)

RECORD S44-1477

River Landings Bluff, Phase III (88-8-02)

Accept;

1. Amendment to Letter of Credit 9306, Sun Bank/Gulf Coast, $9,819.25

(7/27/93), extending expiration date to January 8, 1996.

2. Amendment to Letter of Credit 9307, Sun Bank/Gulf Coast, $16,302.96

(7/27/93), extending expiration date to July 8, 1996.

University Parkway Phase IX Borrow Pit (8P-95-01)

Accept:

1.

2.

3.

4.

5.

Schofield & Spencer

Schofield & Spencer

Agreement with Quality Aggregates. Inc.r and Schroeder-Manatee.

Inc.. Guaranteeing Performance and Compliance with an earthmoving-

reclamation site plan, $32,500.

Surety Bond: $32,500 (Bond No. 30663902, Fidelity and Deposit

Company of Maryland, surety)

Agreement with Quality Acrq regales. Inc.. and Schroeder-Manatee.

Inc.. Insuring Compliance of wetland compensation, $51,950.

Surety Bond: $51,950 (Bond No. 30663903, Fidelity and Deposit

Company of Maryland, surety)

Temporary Wetland and Buffer Preservation Conservation Easement

from Schroeder-Manatee Ranch, Inc.

BILLS FOR PAYMENT

Betty Steffens - Legis Liaison (12/94-2/95), MC/Port

Miller, Canfield et al - Video Dialtone Coalition

Grimes, Goebel et al - SR 70 Right-of-Way Acquis

(Calleja - Lot 127)

Title commitment search

(River Harbor West Condo)

Owner & encumbrance search

(Ferman & Midcentral, Inc.)

Seaway Marine Contractors - Dune Restoration, Anna Maria

Island (Vegetation/Fencing)

Seaway Marine Contractors - Dune Construction, Anna Maria

Island (Access/Site Imprvmts)

Coastal Planning & Eng - Beach Renourishment Project

Anna Maria Island

Manatee Glens Corp - Employee Assistance Program

HDR Engineering - Leachate Impoundment Permit Modific

HDR Engineering - Partial closure/Lena Rd Landfill, Ph I

Jerry Zoller - East Bradenton Park Design, Inv 709

Jerry Zoller - Courthouse Renov (lst/2nd Firs), Inv 717

D & L Electrical - G.T. Bray Park - Two Soccer Field

Lighting Systems

Sky Construction - Terra Ceia Water Main Improvements

Walrus Construction - Daughtrey (Pride) Community Park

Central Florida Contractors - Sidewalk construction

Stewart & Moody Elementary Schools 17,446.68

Southport Dredging - Bayshore/Trailer Estates Canal 43,583.50

Southport Dredging - Bay Colony Canal 18,745.00

44/399

$ 8,062.62

187.43

3,215.32

300.00

150.00

24,177.86

13,070.79

21,296.92

5,325.00

1,858.12

8,539.52

2,213.50

275.00

103,200.00

10,359.10

13,789.00

44/400


Black & Veatch

Black & Veatch

Black & Veatch

Black & Veatch

Black & Veatch

HRS Public Health Unit - Hepatitis Prgm (P/Wks) 110.00

Black & Veatch - FY 93/94 Annual Engineering Rpt 4,583.98

SWRTP Chloride Reduction, WA 23 466.06

Draft SWFWMD Rate Regulations, WA 24 789.15

Wastewater Reuse Rates Analysis, WA 3 2,234.29

Lake Manatee Dam Stilling Basin Wall

Monitoring Equipment 1,221.19

SWRTP Anaerobic Digester Facil Expansion

& Digester Gas Compressor Replacment 26,093.34

Professional Service Industries - 36-inch Potable Water

Transmission Main, Ph III (SR 70-University Pkwy) 491.90

Zoller, Najjar & Shroyer - Reclaimed Water-main

., (Magellan Dr-Bay Drive) 7,073.04

Zoller, Najjar & Shroyer - 36-inch Wtr Transmission Main,

SR 70-University Pkwy (Design) 17,649.89

Larson Engineering - Parrish Waterline Extensn/Imprvmts 4,859.17

REFUNDS

Joseph M. Plotzke - Ambulance Overpayment 363.98

Frank Poole - Ambulance Overpayment 210.00

Robert J. Weirich - Ambulance Overpayment 274.87

James C..Cook - Ambulance Overpayment 389.96

Sarah Williamson - Ambulance Overpayment 400.00

Mabel Watkins - -Ambulance Overpayment 345.89

George R. Cooper - Ambulance Overpayment 183.13

Ralph Glantz - Ambulance Overpayment 397.47

Oden Homes, Inc. - Impact Fee Credit, CA-91-01(T) 1,564.00

WARRANT LIST

Approve: June 22, 1995 through July 10, 1995

Authorize: July 11, 1995 through July 17, 1995

MINUTES FOR APPROVAL

April 18,' 1995 - Risk Assessment

April 27, 1995 - Regular

May 9 & 16, 1995 - Regular

AUTHORIZE CHAIRMAN TO SIGN

Satisfactions of Judgment:

Richard P. Harber, Case 93-3307F ($255)

Steven J. Arrona, Case 93-1061F ($255)

Partial Release of Special Assessment Liens:

Projects 5150; 5147 (6); 2502 (2); 2508; 5235; 5197

Corrective Zoning Ordinance - Correcting scrivener's errors in legal

description: Z-84-88 - Southern Lakes (adopted 9/24/85)

ORDINANCE Z-84-88 AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA,

AMENDING THE OFFICIAL ZONING ATLAS OF MANATEE COUNTY ORDINANCE

NO. ,81-4, THE MANATEE COUNTY COMPREHENSIVE ZONING AND LAND

DEVELOPMENT CODE, RELATING TO ZONING WITHIN THE UNINCORPORATED AREA

OF MANATEE COUNTY; PROVIDING FOR THE REZONING OF CERTAIN LAND FROM

A-l TO PDR RETAINING THE AF OVERLAY CLASSIFICATION; PROVIDING AN

EFFECTIVE DATE. RECORD S44-1478

Lake Manatee Watershed Water Resource Development Project - Work

Authorization 1, Change Order 3 with Camp Dresser & McKee. Inc.. for

consulting engineering services, $5,372.48; total contract

$715,288.48 (appr in 4/18/95 Pending Litigation Mtg) per memorandum

(5/10/95) from Jeffrey Steinsnyder, Assistant County Attorney.

RECORD S44-1479

ACCEPT

Southern Manatee Fire and Rescue District - Revised Schedule of Regular

meetings (6/13/95-12/12/95)

COUNTY ADMINISTRATOR

ADJUNCT AGENT AGREEMENT

Execute Memorandum of Agreement with University of Florida

Cooperative Extension Service concerning adjunct extension agent

position in Extension Service Division, Agriculture and Natural

Resources Department. RECORD S44-1480

LEASE EXTENSION AGREEMENT - ANNA E. GAYLE RESOURCE CENTER

Execute extension (Addendum II) to lease agreement with Mayor*s

Drug Free Communities Committee. Inc. , for the Anna E. Gayle

Resource Center, 2112 3rd Avenue East, Palmetto. RECORD S44-1481

AFFORDABLE HOUSING - CITRUS MEADOWS APARTMENTS

Execute agreement with Ellenton Housing Associates. Ltd.. to

provide for Land Use Restriction Agreement and Deed Restrictions

for Citrus Meadows Apartments, Ellenton. RECORD S44-1482

. .i.l.m'Kt^tt'-r r1-; ..;•, •


COMMUNITY AFFAIRS DEPARTMENT - T-SHIRTS

Department of Community Affairs to purchase ten shirts at a total

cost of $99.50 for volunteers with Manatee County Government Access

Television.

INTER-COMMUNITY CENTER FIELD DAYS

1. Parks and Recreation and Community Services Departments to host a

field day for Youth Centers at G. T. Bray Park on July 13, 1995,

and at the Civic Center on August 3, 1995.

2. Free transit service to 13th Avenue Community Center. Rubonia Youth

Center. Palmetto Youth Center. Tallevast Community Center, and

Myakka City Community Center in conjunction with inter-agency field

days to be held at G.T. Bray Park, July 13, 1995, and Civic Center,

August 3, 1995.

DRUG CONTROL GRANT PROGRAM

Execute letter to Department of Community Affairs requesting

approval of Department of Community Affairs sub-grant 95-CJ-2P-08-

51-01-066 (Comprehensive Drug Abuse Prevention Program) budget

revision, transferring $18,877 from salaries and benefits and

$5,900 from operating expenses for a total transfer of $24,777 to

contractual services.

MEDICAID WAIVER AGREEMENTS

1. Execute Amendment 2 with West Central Florida Area Agency on Aging.

Inc., setting forth Medicaid Waiver spending authority for State

fiscal year (7/1/95-6/30/96) , $241,797 for Medicaid Community Based

Services and $48,141 for Medicaid Assisted Living Program and to

provide administration and oversight of the program. RECORD S44-1483

2. Execute Medicaid Waiver Assisted Living Referral Agreements (2)

with Just Like Home II. Just Like Home VI. and West Central Florida

Area Agency on Aging. Inc.. to provide continuation of Medicaid

Waiver Assisted Living Services (7/1/95-6/30/96) . RECORD s44^"4

3. Execute Medicaid Waiver Home and Community Based Services ReferraT

agreement with Manatee Council on Aging, Inc., to provide for

continuation of Medicaid Waiver Services for adult day health care,

homemaker, and personal care (7/1/95-6/30/95). RECORD S44-1486

OBSTETRICAL AND ACUTE CARE SERVICES - AMENDMENT TO AGREEMENT

Execute Amendment Number One to Fiscal Year 1995 funding agreement

with Manatee County Public Health Unit for provision of obstetrical

and acute care services, providing for a revision in reporting

requirements (of subcontractor Rural Health Services. Inc.) , no

change in the contract amount. RECORD S44-1487

YOUTH SUBSTANCE ABUSE PREVENTION AGREEMENT

Execute Fiscal Year 1995 Youth Substance Abuse Prevention Funding

Agreement with Police Athletic League of Manatee County. Inc.. for

Summer Day Camp/Bradenton Middle Extended Hours Prevention Program,

$31,000. RECORD S44-1488

TRAVEL AUTHORIZATION -• COUNTY ATTORNEY

County Attorney to travel to attend Public Finance in Florida

Seminar in Palm Beach, Florida, July 27-29, 1995.

SETTLEMENT AGREEMENT - FRANK GILBERT

Execute settlement agreement with Frank M. Gilbert (former Human

Services Director) dated July 10, 1995, and acknowledge receipt of

a Release of All Claims upon payment of the settlement amounts set

out therein. RECORD S44-1489

CONVENTION AND VISITORS BUREAU - TRADE SHOW PARTICIPATION

Expenditure of $6,800 for participation fees for Director of

Convention and Visitors Bureau to attend World Travel Market

(London, England, 11/11-18/95) and International Tourism Bourse

(Berlin, Germany, 3/7/96) in Fiscal Year 1995-1996.

IMPACT FEE CREDIT AUTHORIZATION

1. Credit Authorization CA-95-08(T) for Miller Enterprises of Manatee.

Inc.. for dedicated right-of-way at Erie Road. RECORD S44-1490

2. Land dedication and road construction credit of $702,610 for

eligible right-of-way and road construction cost, per CA-95-08(T).

RECORD S44-1491

FINAL PLATS

Fisherman^s Cove Villas

Approve, authorize execution of, and/or authorize recording of

final subdivision plat with associated bonds and documents as

follows:

1. Final Plat.

2. Mortgagee's Joinder in and Ratification of Subdivision Plat

from Gerald Loevner.

44/401

44/402

JULY 11, 1995 (Cont'd)

3. Mortgagees Joinder in and Ratification of Subdivision Plat

from Pitt-Stowe and Gerald Loevner.

4. Declaration of Protective Covenants, Conditions, Easements and

Restrictions of Fisherman's Cove Villas (with Exhibits):

a. Legal Description

' b. Articles of Incorporation of Fisherman's Cove Homeowners

Association

c. Bylaws of the Association

d. Notice to Buyers

e. Fiscal Program

f. Maintenance Program

g. List of Holdings

Rosedale 4 - A Golf Course

1. Final Plat.

2. Conservation Easement for Wetland "E" from Newton

Developments. Inc.

3. Conservation Easement for Wetland "F" from Newton

Developments. Inc.

Rosedale 6-A

1. Final Plat.

2. r•Agreement with Newton Developments. Inc.. Patrick Hogan.

c Trustee, to Defer Completion of Sidewalks for Private

. Subdivisions. RECORD S44-1492

3. Supplemental Master Declaration to Master Declaration of

•Covenants, Conditions and Restrictions for Rosedale, A Golf

- and Tennis- Club Community Subdivision.

4. Declaration of Covenants, Conditions and Restrictions for

Rosedale 6-A, A Golf & Tennis Club Community Subdivision.

5. . Notice to Buyers.

6. -List of Holdings.

7. Fiscal and Budgetary Information respecting Rosedale 6-A, A

Golf and Tennis Club Community Subdivision.

Rosedale 7-A

1. • Final Plat.

2. -Agreement with Newton Developments. Inc.. Patrick Hogan,

Trustee, to Defer Completion of Sidewalks for Private

Subdivisions. RECORD S44-1493

3. / Agreement with Newton Developments. Inc., Warranting Required

Improvements, $5,650, Nations Bank.

4. • Defect.Security: Check 268, Nations Bank, Sarasota, $5,650.

5. Supplemental Declaration to Submitting Additional Land to the

Master Declaration of Covenants, Conditions and Restrictions

for Rosedale, A Golf and Tennis Club Community Subdivision.

6. • Notice.to Buyers.

7. List of Holdings.

8. Fiscal and Budgetary Information.

Summerfield Village, Subphase B, Unit 2. Tracts 325

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.. Required

Improvements Agreement, Bond 30663913, $134,133.41.

5. Required Improvements Bond (Subdivider's Bond 30663913,

Fidelity and Deposit of Maryland, $134,133.41)

6. Site Access and Drainage Affidavit, Right-Of-Way Irrigation

and Utilization from Schroeder-Manatee Ranch. Inc.. Lakewood

Ranch Community Development District 1. and Summerfield

Village Association. Inc.

7. Supplemental Declaration by SMR Communities Joint Venture

8. Temporary Turn-Around Easement from Schroeder-Manatee Ranch.

Inc.

HAWTHORN PARK MAINTENANCE AGREEMENT

Execute maintenance agreement with Hawthorn Park Community

Association. Inc.. for right-of-way island. RECORD S44-1494

STREET NUMBERING WAIVERS

1. Change 104th Street Circle East to Oakbrooke Circle in River Club.

2. Change roadway name Upper Manatee River Road to Lakewood Ranch

Boulevard within the confines of Schroeder-Manatee property,

beginning on the south side of SR 64 and continuing to University

Parkway.


CELLULAR ONE SAMARITAN AWARD PROGRAM

Authorize Public Safety Department to participate in the Cellular

One Samaritan Award Program with Manatee County Sheriff*s Office.

BAD DEBT WRITE-OFF

Write-off bad debts: $92,355.66 to Water/Sewer Fund 401 and

$44,320.60 to Solid Waste Fund 480 for FY 1995. RECORD S44-1495

FEE WAIVER - FLORIDA INSTITUTE OF SALTWATER HERITAGE

Placement of two 20-yard roll-offs at 12315 Cortez Road West for

preservation of historic home (Evers Home) for Florida Institute of

Saltwater Heritage; and appropriate service and tipping fees at the

Landfill be waived (requested by Historic Preservation Board

6/12/95).

RIGHT-OF-WAY ACQUISITIONS - 9TH STREET EAST

1. Execute Contract for Sale and Purchase of Warranty Deed from Harry

Bakker. $23,620; and Warranty Deed from Harry Bakker; Affidavit of

Ownership and Encumbrances; Partial Release from Barnett Bank of

Manatee County, N.A. RECORD S44-1496

2. Execute Contract for Sale and Purchase of Warranty Deed from Eugene

Van Jones. $40,000. RECORD S44-1497

9TH STREET EAST IMPROVEMENTS

Execute Subordination of Utility Interests and Agreement with

Florida Power and Light Company for reimbursement for additional

facility relocations (parcels owned by Apostolic United Penecostal

Church of Bradenton, Inc., and Herman Gerling, et ux). RECORD S44-1498

DEEDS AND EASEMENTS

1. 26 Street West - Warranty Deed from Lvnn B. Powell. Ill and Nina R.

Powell for right-of-way required by the final site plan (SP-93-06/

FSP-93-10) for Powell Motors; Affidavit of Ownership and

Encumbrances; Partial Release from J.W. and Christina T. Rood.

2. 44 Avenue East - Warranty Deed from Richard C. Dewey for right-of-

way; Affidavit of Ownership and Encumbrances; Partial Release from

First National Bank of Manatee; Satisfactions of Judgments from

Alice B. Dewey and Alpalm Broadcasting Corporation.

3. Rye Road/South of SR 675 - Drainage Easement from Rutland Ranch.

Ltd. . to correct a drairage problem; Affidavit of Ownership and

Encumbrances.

PARRISH PARK

Execute license agreement with Florida Power and Light Co. (FPL)

which will allow the installation of a road and pipeline upon

FPL-owned railroad right-of-way and provide public access to

Parrish Park. RECORD 344-1499

SANITARY SEWER SYSTEM - SUNNYBROOK MOBILE HOME PARK

Execute Contract for Sale and Purchase of a drainage and utility

easement from John E. Willis and Mary S. Willis for installation of

a sewer line on 52nd Street East, $615.70. RECORD S44-1500

STATE ROAD 70 RIGHT-OF-WAY ACQUISITION

1. Accept Warranty Deeds and/or Quit Claim Deeds, and Affidavits of

Ownership and Encumbrances from:

a. Donald and Joy Affolter (Parcel 119); Partial Release from

Republic Security Bank;

b. Bobby L. Milton. Wilfred R. Milton, and Claudine E. Huffman

(Parcel 102);

c. L. Lee Pearson. Trustee of Parker-Pearson Trust, and Hyrom C.

Parker and Lillie M. Parker (Parcel 106) ;

d. Fifty-Third Avenue Church of Christ. Inc. (Parcel 115);

e. Joseph H. Bryant and George T. Smith (Parcel 117); Affidavit

from George T. Smith;

f. Robert W. and Mary F. Flanders (Parcel 136) ;

g. Shirley D. Wilson fka Shirley D. Affolter (Parcel 141) ;

h. Larry A. and Connie L. Shepard (Parcel 122);

i. Kenneth M. Christy dba Nationwide Insurance (Parcel 117) ;

Partial Release from Southtrust of the Suncoast.

2. Execute Contracts for Sale and Purchase for Warranty Deeds, Special

Warranty Deeds, and/or Quit Claim Deeds from:

a. Alex Calleia (Parcel 127); execute Quit Claim Deed to Alex

Calleja; execute Indemnity Agreement with Alex Calleja, -1501

$40,000; S44-1502

b. Declan E. and Mollie C. Huber (Parcel 112), $8,500; S44-1503

c. Flovd A. Hudec (Parcel 116), $24,000; S44-1504

d. Michael Kanter and Wilfred N. Desrosiers (Parcel 101) ,

$30,000; S44-1505

e. Robert W. and Deborah L. Martell (Parcel 113), $22,000; S44-1506

44/403

44/404


f. RI- Waterman Properties. Inc. (Parcel 100), $65,000; S44-1507

g. : Lewie Schofield (Parcel 137), $8,000; S44-1508

h. United States Postal Service (Parcel 133), $28,050. S44-1509

RECORD

3. Authorize payment of replacement housing package for relocation

expenses incurred by the road improvement of SR 70 for:

a. John Desiderio (Parcel 103.001T), $9,450;

b. Daryl and Sandra Wilson (Parcel 127.001T), $8,190;

c. Jerrold D. Camp (Parcel 104.0010), $29,743;

d. Rov E... Fulton (Parcel 128.0010), $44,961.

STREET VACATION: TAMIAMI FLORIDA PARK

R-95-126V RESOLUTION DECLARING PUBLIC HEARING ON AUGUST 8, 1995,

ON APPLICATION BY E.G. HOLDINGS, INC., TO VACATE PLATTED EASEMENTS

ON THE PLAT OF TAMIAMI FLORIDA PARK (PLAT BOOK 5, PAGE 36)

RECORD S44-1510

GRANT APPLICATION - MUTUAL AID STRIKE TEAM

Ratification of submission of a grant application to Florida

Department of Community Affairs. Division of Emergency Management.

$325,119 .-43 (State $257,568; local match $67,551.43) for

.implementation of a mutual aid emergency response strike team (made

up of- Public Services and Public Transportation personnel); and

authorize execution of all appropriate documents (authorized

6/22/95 by Resolution R-95-613).

BEACH RESTORATION PROJECT - CONSULTING SERVICES

Execute agreement for professional consulting services for an

economic •follow-up study of the Anna Maria Beach Restoration

Project for a one-year period with Regional Research Associates.

Inc.. not to exceed $127,835. RECORD S44-1511

MATERIALS AND SERVICES

1. Homemaker Services/Community Care for the Elderly - Enter into

negotiations with top-ranked firm, Approved Homemakers &

Companions. Inc.. for Homemaker Services for Community Care for

Elderly clients; subsequent execution of agreement.

2. Reinforced Concrete Pipe and Fittings - Award bid 530676NK on an as

required unit price basis to the lowest responsive, responsible

bidders meeting specifications for an estimated annual amount of

$351,449.60: Joelson Pipe. Group A, B & C, $329,911.60; Southern

Culvert, Group P, $21,538.

3. Courthouse Elevator Modernization - Award a negotiated Purchase

Order; to top ranked firm. General Elevator Sales and Services.

Inc..'$39,600.

4. Sludge Hauling Services/Water Treatment Plant - Award IFB 525436MP

to the lowest responsive, responsible bidder meeting

specifications, on an as required basis, S&R Excavating of DeSoto.

Inc..•estimated annual amount of $79,200.

5. Submersible Sewage Pumps - Award bid 530075NK to the lowest

responsive, responsible bidder meeting specifications. Custom Pumps

& Controls, for purchase of twenty replacement submersible sewage

pumps, not to exceed $38,440.

6. Thermoplastic Machine/Truck Mounted - Award bid 510215NK to the

lowest responsive, responsible bidder meeting specifications,

Pave-Mark Corporation, not to exceed $106,775.

7. Uninterruptible Power Systems - Award IFB 527865KK to the lowest

responsive, responsible bidder meeting specifications. Cannon Power

Systems, not to exceed $54,132.

OVERFLOW STORMWATER UTILITY PROJECT

Execute Addendum 2 to Agreement with Post. Buckley. Schuh &

Jerniqan. Inc.. for engineering consulting services on an as

required basis for an additional year (9/1/95-8/30/96).

RECORD S44-1512

SURPLUS PROPERTY

1. Classify excess property as surplus property per Florida Statute

274.05 to enable appropriate and authorized disposition of said

surplus property in accordance with Procurement Code 84-02, Section

8.108, and RECORD S44-1513

2. Adoption of Resolution

R-95-162 RESOLUTION AUTHORIZING THE CONVEYANCE OF COUNTY

'. •• ; OWNED PERSONAL PROPERTY UNDER THE PROVISIONS OF CHAPTER

125.38, FLORIDA STATUTES (TO PRIDE RESOURCE CENTER).

(NCR Computer Asset 22667) RECORD S44-1514

JULY 11. 1995 (Cont•d)

BUDGET AMENDMENTS

Adoption of Budget Amendment Resolutions:

COMMUNITY SERVICES/HUMAN SERVICES (B-95-107)

Item Transfer: Appropriates funds for Transitional Development

Program with the Community Coalition on Homelessness. $20,000

RECORD S44-1515

GRANTS/WCIND (B-95-108)

Decrease Revenue/Expenditure: Closes the Aztec Bayou Dredging

project and decreases appropriations from the WCIND project.

$16,000

RECORD S44-1516

PUBLIC SAFETY/EMERGENCY COMMUNICATIONS (B-95-109)

Increase Revenue/Expenditure: Increases appropriations based on

revised revenue estimates for the 911 Fee Enhancement Program.

$48,250

RECORD S44-1517

PUBLIC SAFETY/EMS (B-95-110/1&2&3)

Increase Revenue/Expenditure; Appropriates monies for Emergency

Medical Service State matching grant for public education. Funding

is used for the purchase of educational materials related to

Occupant Protection, Elderly Awareness, Vial of Life, Drowning

Prevention and 911/EMS Awareness. $4,500 S44-1518

Item Transfer: $1,500 S44-1519

Increase Revenue/Expenditure; $1,500 S44-1520

RECORD

(B-95-111/1&2&3)

Increase Revenue/Expenditure; Appropriates monies received from

the Emergency Medical Service State matching grant for the

Automatic Vehicle Location System. $63,150 S44-1521


Increase Revenue/Expenditure: $21,050 s44-1523

RECORD

COMMUNITY AFFAIRS/PUBLIC INFORMATION (B-95-112)

Item Transfer: Reappropriates monies from reserve for Manatee

County's contribution for participation and representation in the

Federal Communications Commission rulemaking proceeding regarding

video dialtone. $5,000

RECORD S44-1524

(B-95-113)

Item Transfer: Reappropriates monies for fibre optics

installation. Phase I, to allow the Convention Center to provide

tele-conferencing capabilities from monies reserved in the CATV

Franchise Fees budget for this purpose. $59,726

RECORD S44-1525

(B-95-114)

Item Transfer: Reappropriates monies from reserve for the

Teleworks Information Service. The initial use of this system is

to provide pre-recorded information to the public telephoning the

Tourist Information Center. $26,000

RECORD S44-1526

EAC/ADMINISTRATION (B-95-115)

Item Transfer: Reappropriates monies for building repairs from

funds reserved for this purpose. $45,500

RECORD S44-1527

PUBLIC SERVICES/ECOSYSTEMS (B-95-116)

Increase Revenue/Expenditure; Appropriates monies received from

IMC-Agrico for phosphate mining monitoring according to the

development agreement. $25,000

RECORD S44-1528

PUBLIC SERVICES/PROJECT MANAGEMENT (B-95-117)

Item Transfer: Closes the Curb Renewal and Replacement 1990-1991

and the Roadway Culvert Replacement projects and transfers

unexpended monies to Reserve for Capital Projects. $111,281

RECORD S44-1529

(B-95-118/1&2)

Decrease Revenue/Expenditure: Reallocates funds replaced by EPA

grant funds. $2,341,360 S44-1530

Increase Revenue/Expenditure: $2,341,360 S44-1531

RECORD

44/405

44/406


(B-95-119)

Item Transfer: Increases appropriations' in current year projects

as noted in the Project Status Report dated 5/31/95. $694,415 '

RECORD S44-1532

(B-95-120)

Item Transfer: Adjusts funding for the water utility portion of

the 'Florida Department of Transportation State Road 70 projects

based on revised estimates, as indicated in the Project Status

Report dated May 31, 1995. $466,800

RECORD S44-1533

(B-95-121)

Item Transfer: Reduces appropriations in current year projects, as

noted in the Project Status Report dated May 31, 1995. Funds are

being transferred to Reserve for Capital Projects to fund the FY 96

Capital Improvement Program. $626,513

RECORD S44-1534

(B-95-122/1&2)

Item Transfer: Adjusts funding for the sewer utility portion of

the Florida Department of Transportation State Road 70 projects

based on revised estimates, as indicated in the Project Status

Report dated May 31, 1995. $270,000 S44-1535


RECORD

^-•••v • (B-95-123/1&2&3)

-''6-^5- /c?3/'/ Item Transfer: Reduces appropriations in current year projects, as

A^-I..! L^ noted in the Project Status Report dated May 31, 1995. Funds are

v being transferred to Reserve for Capital Projects to fund the FY 96 '1~^5•/3^£

^9^). Capital Improvement Program. $844,000 S44-1537

Decrease Revenue/Expenditure: $463,785 S44-1538

Increase Revenue/Expenditure: $463,785 S44-1539

RECORD

(B-95-124/1&2)

Item Transfer: Adjusts funding for the utility portion of FDOT

State Road 70 projects based on revised estimates as indicated in

the Project-Status Report dated May 31, 1995. $68,941 S44-1540


(End Consent Agenda) RECORD

f. . , ,

WHITE HOUSE CONFERENCE ON TRAVEL AND TOURISM

Larry White, Convention Center Director, requested approval to

participate and to expend $1,000 for fees to attend the White House

Conference on Travel and Tourism, October 30-31, 1995.

Motion -was made by Mrs. Glass, seconded by Mrs. Harris and carried

unanimously, to approve the request.

MANA80TA INDUSTRY COUNCIL APPOINTMENTS

Cheri Coryea, Community Services, recommended appointment of four

members to the Manasota Industry Council (MIC). The following were

recommended by the nominating committee of MIC:

Charles Murphy Eloise Lisch Kim Scalzitti Ellen Wile

Mrs. Hooper movedl approval of the four names as recommended. Motion was

seconded by Ms. Brown and carried unanimously.

( • •

VOLUNTEER SERVICES AGREEMENT - DUETTE PARK

Charlie Hunsicker, Public Services/Ecosystems Manager, recommended

adoption of

R-95-175 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, OF

MANATEE COUNTY, FLORIDA, AUTHORIZING THE USE OF VOLUNTEER SERVICES

BY EXECUTION OF A VOLUNTEER SERVICES AGREEMENT FOR DUETTE PARK

PROPERTY.

Discussion: Coordinator to make certain work is completed, etc; terms

and liability conditions for volunteer workers; volunteer release form.

Motion was made by Mrs. Harris, seconded by Mrs. Glass and carried

unanimously, to adopt Resolution R-95-175. RECORD S44-1542


(Depart Mrs. Harris)

PRESERVATION 2000 LAND GRANT

Mr. Hunsicker presented a status report on the Florida Communities Trust

Preservation 2000 FY 96 grant program for acquisition of environmentally

sensitive land. He advised that after evaluating potential sites, none

appear to qualify for funding.

(Enter Mrs. Harris)

Discussion: August 16 deadline to consider applications for land

acquisition; make other jurisdictions that provide recreational

opportunities (i.e. Sheriff) aware of the grants; etc.

STATE ROAD 70 ROAD IMPROVEMENT - UTILITY RELOCATION

Janet McAfee, Public Services, requested authorization to fund an

additional $359,399.30 for Florida Department of Transportation utility

relocation and improvements on State Road 70 (from 15th Street East to

east of U.S. 301) for a total of $1,030,249.30 (originally approved

2/14/95 by R-95-41).

Mrs. Glass moved authorization to fund the additional monies, as

outlined in the agenda. Motion was seconded by Mrs. Harris and carried

unanimously.

MEDICAID - TRANSPORTATION RATES

(Depart Mrs. Glass)

Peter Gajdjis, Public Transportation, advised that as of July 1, 1995,

Medicaid reduced rates by three percent, and Medicaid clients will be

responsible for a $1 co-payment for every Medicaid trip. As a result,

some transit providers in the State have ceased providing Medicaid

services. He reviewed three alternatives for the County (outlined in

the staff report).

Discussion: Approximately $1,200 impact to the budget to the end of the

fiscal year; examine alternatives in the event funds disappear; etc.

(Enter Mrs. Glass during discussion)

These issues will be discussed at the budget work session July 14, 1995.

EX PARTE COMMUNICATIONS

H. Hamilton Rice, Jr., County Attorney, submitted

R-95-170 A RESOLUTION RELATING TO ACCESS TO LOCAL PUBLIC

OFFICIALS; PROVIDING A DEFINITION OF LOCAL PUBLIC OFFICIAL;

PROVIDING ACCESS TO PUBLIC OFFICIALS; AUTHORIZING INVESTIGATIONS

AND RECEIPT OF INFORMATION; AND REQUIRING DISCLOSURE OF EX PARTE

COMMUNICATIONS.

Mr. Rice summarized the procedural safeguards, which must be met and

apply to all ex parte communications in quasi-judicial matters.

Discussion: Resolution would govern the Board by procedures set forth

in Section 285.0115, Florida Statutes; not time sensitive; hold a

seminar regarding property rights. Mediation Act, and ex parte

communication; etc.

No action was taken.

MARTHA HODGES V. CHARLES B. WELLS AND MANATEE COUNTY

Motion was made by Mrs. Glass, seconded by Ms. Brown and carried

unanimously, to appoint Mr. Gause as Manatee County representative and

Mrs* Hooper as an alternate representative in the mediation of Martha

Hodges v. Charles B. Wells and Manatee County.

TROPICAL SHORES SEWER AND ROAD PROJECT

Ms. McAfee recommended execution of Work Assignment Z-8 for engineering

services for the Tropical Shore Sewer and Road Improvement Assessment

Project with Zoller. Namar and Shroyer. Inc.. not to exceed $171,586.

She referred to the revised memorandum indicating the correct numbers

relating to the costs and estimated construction costs.

44/407

44/40.8


Following discussion, direction was given to staff to:

• review percentage of engineering consulting fees and costs;

• revisit $2,000 assessment for sewer projects.

Motion was made-by Mr. McClash, seconded by Mrs. Harris and carried

unanimously, to approve execution of Work Assignment Z-8. RECORD S44-1543

COMMISSIONERS^ COMMENTS


Mr. Gause clarified concerns raised regarding the Florida Power and

Light Co. orimulsion project at the Parrish plant and explained his vote

at Tampa Bay Regional Planning Council meeting regarding the project.

(Mrs. Glass absent for portion of discussion)

Manatee School Board

Ms. Brown suggested scheduling a joint work session with the School

Board. (See Citizens^ Comments earlier in the meeting)

Mr. McClash advised that Representative Mark Ogles was interested in

assisting the County to obtain a grant for a joint venture with the

School Board to plan a high school and park facility in the area of

Upper Manatee River Road (Schroeder-Manatee Ranch property).

Traffic Signal - Cortez Road at Mt. Vernon

Mrs. Glass relayed the residents of Mt. Vernon subdivision are

questioning when the traffic signal at Cortez Road and Mt. Vernon will

become operative. <

Mr. Stephens advised he will send a letter to the Florida Department of

Transportation to request the signal become operational for a six month

trial period.

Manatee Avenue Bridge to Anna Maria Island

Mrs. Glass questioned the status of construction plans for a new bridge

on Manatee Avenue to Anna Maria Island. Mr. McClash reviewed the status

of the plans. .

Island Transit Committee

Mr. McClash 'gave a report regarding the Island Transit Committee

meeting. Staff has been directed to come forward with a report. A

joint meeting will be held with the island elected officials.

» i, , . •,


Mr. McClash requested adopting a position to take to the Cabinet

relating to use of orimulsion at the Florida Power and Light Co. Parrish

plant and what can be done to reduce the effects on the environment.

Mr. Rice-added'that the Board could file a report with the Department of

Environmental Protection regarding concerns.

*

Air Quality Rules

Mr. McClash requested an update as to when the issue of air quality

rules will be considered again (adopted by the Environmental Action

Commission, which will sunset 9/30/95). He was advised that information

will be provided at the budget work session (7/14/95).

Smart Books

Mrs. Harris relayed that citizens have complained about receiving Smart

Books.

Disposition: County Administrator to correspond with representatives to

suggest the timing for distribution be reviewed for quality

distribution, and request a policy not to leave books at vacant

residences.

Lifeguards

Mrs. Harris gave "kudos" to the lifeguards, and referred to a section of

the local newspaper where the lifeguards were recognized for assisting

an individual confined to a wheelchair at the beach.


Beaches - Sand Wheelchair

Mrs. Harris relayed a request that Manatee County obtain a sand

wheelchair for use at the beaches.

(Depart Mrs. Glass)

Reuse Water Lines

Mrs. Harris reported there are a number of condominium residents who are

requesting information about hooking into reuse water lines. She asked

when the final information would be available.

Manatee School Board/Fair Day

Mrs. Hooper reported the School Board is no longer allowing "Fair Day"

for students to attend the County Fair. This change affects 4-H Club

members who are active Fair participants.

Speeding - 22nd Street East

Mrs. Hooper relayed complaints about speeding on 22nd Street East.

Parents relayed concern about children who play on this street and

requested "Slow - Children At Play" signs.

(Enter Mrs. Glass; depart Mrs. Harris)

(Note: Commissioners' Comments continued later in meeting)

RIGHT-OF-WAY ACQUISITION - STATE ROAD 70 (U.S. 301 TO 1-75)

Larry Mau, Public Transportation Director, recommended (agenda

memorandum 6/29/95) execution of contract for sale and purchase for a

warranty deed from Manatee Realty Investments. Ltd. (Parcel 120) for

right-of-way required in road improvement of SR 70, $30,900.

Based on the recommendation of Mitchell Palmer, Assistant County

Attorney (memo 7/10/95), motion was made by Mr. McClash, seconded by

Mrs. Glass and carried 6 to 0, to approve the contract for sale and

purchase, contingent upon the County Attorney's receipt of a written

appraisal report from Manatee Realty and the County Attorney's written

approval of that portion of the purchase price which constitutes the

appraiser's fee.

(Note: Contract to be recorded upon receipt of written approval of the

County Attorney)

PENDING LITIGATION ASSESSMENT MEETINGS

Pending Litigation Assessment Meetings with regard to Mary Lake v.

Manatee County. Case CA-93-4822, and Buck v. Manatee County and The

School Board of Manatee County. Case CA-95-1228, were opened and

continued to 11:35 a.m. in private session on the 9th floor. Mr. Rice

announced the individuals that would be present.

COMMISSIONERS7 COMMENTS (Cont'd)

Commission Agenda Process

Mr. Stephens thanked Maria Prieto, Agenda Coordinator, for the new

agenda format and agenda package information. He thanked her and staff

for their efforts.

(Enter Mrs. Harris)

Recess/reconvene. All members present.

ORDINANCE 95-29: ANIMAL CONTROL

Public hearing (Notice in the Bradenton Herald 6/22/95) was held to

consider

ORDINANCE 95-29 AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA,

AMENDING ORDINANCE 90-32 (ANIMAL CONTROL ORDINANCE); AMENDING

SECTION II PROVIDING CERTAIN DEFINITIONS; AMENDING SECTION IV. E

WHICH PROHIBITS THE EXPENDITURE OF PUBLIC FUNDS TO COVER OR DEFRAY

THE COSTS OF SPAYING AND NEUTERING DOGS AND CATS; AMENDING SECTION

V.A. PROVIDING FOR VIOLATIONS FOR DOGS AND CATS AT LARGE;

RESCINDING SECTION VII PROVIDING FOR VIOLATIONS BY DOGS WHICH CAUSE

INJURY TO PERSONS, PROPERTY OR OTHER ANIMALS AND ESTABLISHING A NEW

SECTION VII TO PROVIDE FOR DAMAGE BY DOGS AND DANGEROUS DOGS AND

THE ESTABLISHMENT OF SUPPLEMENTAL DEFINITIONS AND PROCEDURES FOR

THE IMPLEMENTATION OF CHAPTER 767, FLORIDA STATUTES; RESCINDING

SECTION VIII PROVIDING FOR VIOLATIONS FOR DANGEROUS DOGS AND

44/409

4,4/4.10


ESTABLISHING A NEW SECTION VIII AUTHORIZING THE EXPENDITURE OF

PUBLIC FUNDS TO COVER OR DEFRAY THE COST OF SPAYING AND NEUTERING

DOGS AND CATS; AMENDING SECTION IX ESTABLISHING VIOLATIONS FOR

NUISANCE ANIMALS; AMENDING SECTION XVI PROVIDING PROCEDURES OF

REINFORCEMENT OF VIOLATIONS; AMENDING SECTION XVII PROVIDING FOR

CIVIL PENALTIES FOR CERTAIN INFRACTIONS; AND PROVIDING FOR AN

EFFECTIVE DATE.

Mike Latessa, Public Safety Director, reviewed sections of the Ordinance

and noted it is to make the language consistent with the State Statute.

Discussion: Section 6, regarding affidavit requirements; language to

provide relief for anonymous complaints; issue warning or citation;

procedure for issuing fines; cats; etc.

William R. Wheeler relayed his experiences with dogs running loose

creating a health hazard in his neighborhood. He addressed concerns

about the Animal Control Department (i.e. overworked employees and lack

of proper facilities). He submitted a list of people he represented.

Paul Witte, Manatee County Humane Society, requested a work session be

scheduled in order to begin the spay-neutering plan. He commented on

the-favorable way in which Animal Control Department responds to calls.

Trudy Pratt, Manatee County Humane Society President, addressed the

inhumane ways in which animals are treated, killed and abused, etc., and

requested a work session be held to deal with issues.

Ralph Behme, resident on Crescent Drive, stated his leg is scarred as a

result of a dog bite, and reported that other residents were attacked by

the same dog. He submitted a petition with 83 names.

Pat McVoy, Assistant County Attorney, referred to minor changes in the

Ordinance.

Discussion: Dog owner on Crescent Drive has been cited; additional

steps need to be taken to protect citizens; collection of fines; does

the County have the right to destroy a vicious animal; etc.

Motion was made by Mr. McClash, and seconded by Mrs. Glass, to adopt

Ordinance 95-29. Following additional discussion, motion carried

unanimously. RECORD S44-1544

45TH STREET EAST - ROAD ASSESSMENT PROJECT

Public hearing (Notice in the Bradenton Herald 6/21/95) was held to

• consider

Special Road Assessment Proiect 5155, 45th Street East

45th Street East from 44th Avenue East, south 5,280 feet to the

bridge and the existing pavement

and

R-95'-70 A RESOLUTION CONFIRMING ADOPTION OF A SPECIAL ROAD

A&SESSMENT ROLL AND ESTABLISHING SPECIAL ASSESSMENT LIENS FOR ROAD

ASSESSMENT PROJECT NO. 5155 ON 45TH STREET EAST.

.(Agreement with Property Appraiser and Tax Collector providing for

the levy and collection of assessments).

Ms. McAfee advised this is the second public hearing to consider Road

Assessment Project on 45th Street East. She reviewed the costs,

improvement expenses, design standards, number of units, and the

interest rate of 1\ percent. She noted that the computation of footage

for Fairfax Condominiums were slightly different than Peridia, due to

the different nature of parcels inside the developments.

«

Bob Spencer, representing Dan McClure, stated that inasmuch as the road

is an arterial road, the assessments should be lower.

Mr. Spencer was advised of action at the first public hearing, where out

of the total cost of $480,000, $435,000 was County contribution so the

assessment to the landowners was significantly lower.


Motion was made by Mr. McClash, seconded by Ms. Brown and carried

unanimously, to approve and adopt Special Assessment Roll for Road

Assessment Project 5155 on 45th Street East, adoption of Resolution

R-95-70 confirming Special Assessment Roll and imposing liens on

45th Street East, and execution of agreement with Property Appraiser and

Tax Collector for this project. RECORD S44-1545

S44-1546

MEETING ADJOURNED

There being no further business, the meeting was adjourned.

APPROVED:

"s?^ IL^-^—

^- ^"'

Adj: ^03 p.m

/dfflo.t;,' .•-•

Chairman d^t^

44/411

44/398 july 11, 1995 the board of county commissioners, … › boardrecords › browse › minutes...

Documents