april 2. 1991 the board of county commissioners, manatee … · april 2. 1991 (cont'd)...
TRANSCRIPT
APRIL 2. 1991
The Board of County Commissioners, Manatee County, Florida, met in
REGULAR SESSION in the Administrative Center, 1112 Manatee Avenue West,
Bradenton, Florida, Tuesday, April 2, 1991, at 9:04 a.m.
Present were Commissioners
Patricia M. Glass, Chairman
Kathy A. Snell, First Vice-chairman
Kent G. Chetlain, Second Vice-chairman
Lari Ann Harris, Third Vice-chairman
Maxine M. Hooper
Absent were:
Edward W. Chance, due to illness
Joe McClash, vacation
Also present were:
August V. Ellis, County Administrator
H. Hamilton Rice, Jr., County Attorney
Susan G. French, Deputy Clerk, representing
R. B. Shore, Clerk of Circuit Court
Representatives of the various news media were present.
Invocation by Rev. Lewis George, Central Christian Church.
The meeting was called to order by Chairman Glass.
All witnesses/staff giving testimony were duly sworn.
AGENDA DELETIONS
Upon request by August Ellis, County Administrator, continuance was
granted to Thursday, April 4, 1991, for Resolution R-91-46, regarding
Rubonia water service.
ROAD GANG - TRANSFER OF INMATES
Sheriff Charles Wells requested authorization to transfer 48 Road Gang
inmates from Port Manatee Stockade to the Work Release Facility on 57th
Avenue. This will allow the transfer of 48 inmates from the jail to the
Stockade. The purpose for this request is (1) the Sheriff was again
cited for jail overcrowding, and (2) it will increase Work Release to 88
inmates.
He stated an additional 24 beds would be needed at the Work Release
Facility, estimated at $2,000. Additional toilets would also be
required. He requested this be referred to staff to examine and approve
the figures. He advised that there will be no increase in staffing.
Mrs. Hooper moved to approve the Sheriff's request (to authorize staff
to help the Sheriff effectuate the transfer of inmates to Work Release) . Motion was seconded by Mr. Chetlain and carried 5 to 0.
LAW ENFORCEMENT TRUST FUND
The Sheriff requested authorization to expend $86,922.02 from the Law
Enforcement Trust Fund as follows:
Upgrade/Expand the Physical Assessment
Training Facility $ 4,227.00
Purchase of & Training on Gas Chromatograph/Mass
Spectrometer - To Enhance Crime Prevention 82,695.02
Michael Healy, Chemist with the Sheriff's Office, reviewed the use of
the Gas Chromatograph/Mass Spectrometer.
Motion was made by Ms. Snell, and seconded by Mr. Chetlain, to authorize
the Sheriff's Office to spend $86,922.02 from the Law Enforcement Trust
Fund. Motion carried 5 to 0.
CONSENT AGENDA
Upon motion by Mrs. Harris and second by Mr. Chetlain, the Consent
Agenda, dated April 2, 1991, was approved 5 to 0. Items APPROVED:
QB5
366
APRIL 2. 1991 (Cont'd)
DEEDS & EASEMENTS
1. 53rd Avenue West & 20th Street West - Warranty Deeds (2) , Temporary
Construction Easements (2) , and Affidavits (2) from Merle W. & Emma
B. Fleming for intersection improvements.
2. 63rd Avenue East (Saunders Road) - Right-of-Way Easement and
Affidavit from James A. Derespino and William C. Walker, d/b/a Jim-
Cam Enterprises for right-of-way required for future expansion;
Joinder from Acres of Auto Parts, Inc.
3. Riverview Boulevard Northwest from 70th Street NW to 61st Street
NW - Pedestrian Sidewalk Easements (5) and Affidavits (5) from
Donald J. & Joanne W. Jenkins. Roy T. & Anna L. Smith, Thelma June
Miller. Shirley A. May Williams, and John E. & Betty T. Frank for
sidewalk construction; Joinders (4) from Home Savings of America,
Crossland Savings, First Federal S&L Assoc. of Fla., and Goldome
Savings Bank.
4. Anna Maria Island - Beach Restoration Easements (6) from Carmen 0. .
A. Fernando & Gladys G. Torres, Caroline K. Boyer, Holmes Brothers.
Inc.. Sylvia Gantz. Pelican Perch Condominium Assoc.. Inc.. and
Beach House Resort Condominium Corp. for beach renourishment.
MEMPHIS AND CANAL ROADS
Contracts for Purchase of Warranty Deeds for right-of-way from
Lillie Mae Tolson $1,280 S40-1117
Richard J. Porter & William E. Porter 125 S40-1118
Glenna Gillard 125 RECORD SW-1119
AFFIDAVIT FOR ACCESS
Frank and Margaret Alexander, 6811 Burns Road, Terra Ceia.
COMMERCE BOULEVARD NORTH - UNIVERSITY PARK OF COMMERCE
1. Adoption of Resolution
R-91-47 A RESOLUTION OF MANATEE COUNTY, FLORIDA,
AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS TO ENTER
INTO AN EXCHANGE OF REAL PROPERTY
with University Park of Commerce, Inc.
RECORD S40-1120
2. Execution of Deeds to University Park of Commerce and Lynx Leasing.
Inc. ; Drainage Easements (2) from University Park of Commerce;
Affidavits (2) from John J. Spollen. Ill; Joinder from Huntington
National Bank.
(Public Notice in The Bradenton Herald 3/8,15/91)
EXCELLENCE IN RECYCLING
Establish an "Excellence In Recycling" Awards Program to be
administered by the Solid Waste Management Advisory Board.
FLUORIDATED WATER
1. Set public hearing to consider Ordinance 91-38 regarding a grant
for flouridating potable water.
2. Chairman to sign letters to municipalities and Sarasota County
informing and soliciting support at the public hearing on May 21,
1991.
PUBLIC SAFETY
Execution of FY91 Warning and Communications Agreement with Florida
Department of Community Affairs (enhancement of warning
capabilities), $11,700 ($5,850 State/$5,850 Local Match).
RECORD S40-1121
PARKS AND RECREATION YOUTH CAMP PROGRAM
Acceptance of a private donation of $5,000 from Charles Womack.
CENTRAL SERVICES
1. 34th Street West - Award bid to lowest responsive, responsible
bidder. Gator Asphalt Co.. $1,798,354.80; subsequent execution of
contract and simultaneous dating of performance/payment bonds and
power of attorney.
2. IBM RS6000 Equipment, Software & Mainstem Software - Sole source
purchase to replace existing NCR equipment and software to upgrade
the existing Mainstem Fleet Command Computer System, $48,540.50.
3. indirect Cost Plan Update - Negotiate sole source purchase and
subsequent execution of contract with David M. Griffith &
Associates. Ltd.. total cost not to exceed $18,200.
SURPLUS PROPERTY
1. Unipage I Radio Encoder - Classify excess property as surplus to
enable appropriate and authorized disposition.
APRIL 2. 1991 (Confd)
2. Adoption of
R-91-56 RESOLUTION AUTHORIZING THE CONVEYANCE OF COUNTY
OWNED PERSONAL PROPERTY UNDER THE PROVISIONS OF CHAPTER
125.38, FLORIDA STATUTES
(conveying the Unipage I Radio Encoder to the Braden River
Fire Control and Rescue District).
RECORD S40-1122
3. Adoption of
R-91-62 RESOLUTION AUTHORIZING THE CONVEYANCE OF COUNTY
OWNED PERSONAL PROPERTY UNDER THE PROVISIONS OF CHAPTER
125.38, FLORIDA STATUTES
(to add Gulf Coast Marine Institute. Inc.. to the County's
list of non-profit agencies notified of bicycles designated
for conveyance).
RECORD S40-1123
4. Adoption of
R-91-63 RESOLUTION AUTHORIZING THE CONVEYANCE OF COUNTY
OWNED PERSONAL PROPERTY UNDER THE PROVISIONS OF CHAPTER
125.38, FLORIDA STATUTES
(to add the Junior League of Manatee County. Inc. . to the
County's list of non-profit agencies notified of bicycles
designated for conveyance).
RECORD S40-1124
JOB TRAINING PARTNERSHIP ACT - OLDER INDIVIDUALS PROGRAM
Chairman to sign application on behalf of The Blake Foundation for
1991-1992 Title I funds to the Manasota Industry Council, $240,000
(no cost to County).
PUBLIC HEALTH UNIT TRUST FUND
Chairman to sign letters to Governor Chiles and to the Clay County
Board of County Commissioners opposing withdrawal of funds.
PROCLAMATION
Approve, ratify and confirm "Senior Citizens Day" - March 23, 1991.
(NOTE: This Proclamation also approved, ratified and confirmed on
March 28, 1991. Recorded in that meeting)
ANNA MARIA FIRE CONTROL COMMISSION
Chairman to sign letter to Governor Chiles recommending David
Schuckert and John Van Ostenbridqe for re-appointment to the Board
of Fire Commissioners.
LEGISLATION - IMPACT FEES
Approve, ratify and confirm execution by the Chairman of four
letters dated March 15, 1991, to the Legislative Delegation with
regard to proposed Senate Bill 1522 and proposed House Bill 2261.
COUNTY ADMINISTRATOR
Accept letter of resignation from A. V. Ellis to the Chairman,
dated March 20, 1991, with an effective date of May 3, 1991.
CLERK OF CIRCUIT COURT
BILLS FOR PAYMENT
de laParte & Gilbert - GDU v. Peace River-Manasota Water
Supply Auth
Jerry Zoller - Wk Assign 15, Inv 186 (12/7/90 - 1/28/91)
- Site Survey Detention Facility, Inv 178
(12/16/90 - 1/24/91)
Woodruff & Sons - SW Samoset/Oneco Collection System
Links Design, Inc. - Buffalo Creek Golf Course Monitoring
WARRANT LIST
Approve: March 28, 1991 through April 1, 1991
Authorize: April 2, 1991 through April 8, 1991
MINUTES FOR APPROVAL
January 8, 15, 22, 29, & 30, 1991
AUTHORIZE CHAIRMAN TO SIGN
Partial Release of Special improvement Assessment Liens:
Proj 405-5235; 301-2504
APPROVE, RATIFY & CONFIRM
P & R Instructor Classes Agreements:
Melissa Hutton - Ceramics for Beginners S40-1125
Stephen Bradley - Co-Ed Volleyball League Official S40-1126
Chris Patton - Co-Ed Volleyball League Official S40-1127
Dan Nolan - Youth Program Counselor S40-1128
Peggy Gamble - Youth Program Counselor RECORD S40-1129
; 4,963.21
1,500.00
500.00
500,182.15
425.00
W7
.W8
APRIL 2. 1991 (Confd)
Kelly Beck - Youth Program Counselor S40-
Dannette Tessier - Youth Program Counselor S40-
Howard Porter - Youth Program Counselor s40-
Kim Cook - Youth Program Counselor S40-
Susan Fioravante - Youth Program Counselor s40-
Robert Marino - Youth Program Counselor s40-
Kathleen Patrocky - Youth Program Counselor s40-
Ellen M. Inman - Youth Program Counselor S40-
RECORD
ACCEPT
Manatee River Soil & Water Conservation District Financial Statements
for the Year Ended 9/30/90 and Independent Auditor's Report and
Internal Control Structure and Compliance
Peace River/Manasota Regional Water Supply Authority Financial
Statements, together with Reports of Independent Accountants, 9/30/90
Braden River Fire Control & Rescue District Financial Statements,
9/30/90
FINANCIAL MANAGEMENT
TRAVEL AUTHORIZATION
James Seuffert to Denver, Co., for annual Government Finance
Officers Conference scheduled for 6/1-6/6/91 (Mr. Seuffert will pay
a portion of his travel expenses including air fare),
BUDGET AMENDMENTS
Adoption of Budget Amendment Resolutions amending the FY 1990-1991
budget to provide for receipt and appropriation of unanticipated
1130
.1131
.1132
•1133
.1134
•1135
•1136
•1137
revenues and i'te'si t-ranr'.f'-'•--••;: ~
COMMUNITY SERVICES
Increase Revenues/Expenditures
Library Fund/Library State-Aid
(B-91-090)
(B-91-091)
^•
\ f.-
0 .• <
\^ .
PUBLIC SAFETY
Increase Revenues/Expenditures
EMS Trust Fund/Education; Operating Supplies; Small
Equipment; Contributions; Equipment; Road Equipment
^PARKS AND RECREATION (B-91-092/1)
Item Transfers: User Funded Programs
TO Aquatic Center, Equipment; User Fund Programs
Increase Revenues/Expenditures (B-91-092/2)
General Fund/Parks and Recreation
PUBLIC WORKS (B-91-093)
Item Transfers: Utilities 1987 Construction Trust
Fund TO Upgrade Master Lift Stations
(B-91-094)
Item Transfers: SE Cty, Ph 1-Seg C, Pump Station,
Professional Services TO Reserve for Capital Projects
(B-91-095)
Item Transfers: EPA 11 PS/FM Administration
TO Reserve for Capital Projects
(B-91-096)
Item Transfers: North Co/Rocky Bluff
TO Reserve for Capital Projects
$64,642
RECORD S40-
$65,097
RECORD S40-
$35,300
RECORD S40-
$24,100
RECORD S40-
1138
1139
.1140
.1141
$246
RECORD S40-1142
$401
RECORD S40-1143
(End Consent Agenda)
$3,297
RECORD S40-1144
$70,255
RECORD S40-1145
AWARDS/PRESENTATIONS
Employee of the Month
A Certificate of Recognition was presented to Altemease Williams.
Library Aid II, as April Employee of the Month.
APRIL 2. 1991 (Cont'd)
Certificate of Appreciation - Floyd Davis
A Certificate of Appreciation upon retirement was presented to Flovd
Davis. Chief Equipment Operator in the Transportation/Drainage Division,
Public Works Department, for his 30 years of service to the County.
Certificate of Appreciation - Roland Auberson, 8r.
A Certificate of Appreciation upon retirement was presented to Roland
Auberson, Sr., Utilities Maintenance Mechanic III, Public Works, for his
14 years of service to the County.
Scott Linkenhoker, Public Works, also presented Mr. Auberson with a
"Golden Nugget Award" from staff.
Junior League of Manatee County
A plaque was presented to the Junior League of Manatee County
acknowledging efforts for improvements to the Parrish Clinic.
Julie Taylor of the Junior League of Manatee County was present to
accept the plaque. She invited Board members and the public to attend
the "Health Fair" at the Parrish Clinic on April 7, 1991.
Good Neighbor Award
Dan Hager, President of the Boys Clubs of Manatee County, presented a
Good Neighbor Award to Don Compton. Parks and Recreation. This award is
presented by the Boys Club to individuals or groups who have enhanced
the quality of life in Manatee County.
Inasmuch as Mr. Compton was not present, Marty Hopkins accepted the
award.
Joseph Miller, Parks and Recreation Director, recognized Mr. Compton and
Mr. Hopkins for their work with the Boys Club.
Manatee County Model Aviation Radio Controllers Club
Inasmuch as Mr. Miller was instrumental in helping the Manatee County
Model Aviation Radio Controllers Club establish a new landing strip in
the River Wilderness area, Mr. Chetlain shared a plaque which was
previously presented to thank the Board for making the land available
and allowing the assistance of the Parks and Recreation Department.
PROCLAMATIONS
Days of the Remembrance of the Victims of the Holocaust
Motion was made by Mr. Chetlain, and seconded by Mrs. Hooper, to adopt
a Proclamation designating April 7-14, 1991, as "Days of the Remembrance
of the Victims of the Holocaust". Motion carried 5 to 0.
RECORD S40-1146
Kurt Marburg accepted the Proclamation on behalf of the Sarasota/
Manatee Jewish Federation.
Manatee County Building Safety Week
Motion was made by Mrs. Hooper, and seconded by Mrs. Harris, to adopt a
Proclamation designating April 8-14, 1991, as "Manatee County Building
Safety Week". Motion carried 5 to 0.
RECORD S40-1147
Claude Cooper, Development Management Director, accepted the
Proclamation.
Child Abuse Prevention Month
Motion was made by Mrs. Harris, and seconded by Mr. Chetlain, to adopt
a Proclamation designating April 1991, as "Child Abuse Prevention
Month". Motion carried 5 to 0.
RECORD S40-1148
Sally Stricker, Executive Director for Manatee Children's Services,
accepted the Proclamation. She invited the Board members to a Child
Abuse Prevention Award Breakfast at Freedom Village, April 30, 1991.
(Depart Ms. Snell)
068
STO
APRIL 2. 1991 (Cont'd)
ADMINISTRATIVE CENTER - IMPROVEMENTS/CHANGES
Sam Love, Central Services Director, recommended (3/19/91 memo) approval
of the proposed notification procedure for Administrative Center
improvements or changes.
Motion was made by Mr. Chetlain, and seconded by Mrs. Harris, to approve
the recommendation. Motion carried 4 to 0.
Recess/Reconvene. All members present except Mr. Chance and Mr. McClash.
BUILDING AND CONSTRUCTION INDUSTRY ADVISORY COMMITTEE
Claude Cooper, Development Management Director, recommended appointment
of five members to the Building and Construction Industry Advisory
Committee.
Plumbing, Heating and Cooling Association Representatives
Nominations: Clayton E. Sutton - by Mr. Chetlain
Phillip L. Wyman, Jr. - by Mrs. Hooper
Motion was made by Mr. Chetlain, and seconded by Mrs. Harris, to cast a
unanimous ballot for Mr. Wyman and Mr. Sutton. Motion carried 5 to 0.
Gulf Coast Builders Exchange Representative
Motion was made by Mr. Chetlain, and seconded by Mrs. Hooper, to cast a
unanimous ballot for Thomas Peacock. Motion carried 5 to 0.
Building Industry Association Representative
Nomination: Charles A. Roy - by Mr. Chetlain
Motion was made by Mr. Chetlain, and seconded by Mrs. Hooper, to cast a
unanimous ballot for Mr. Roy. Motion carried 5 to 0.
American Institute of Architects, Local Chapter, Representative
Nomination: Richard C. Gillett - by Ms. Snell
Motion was made by Ms. Snell, and seconded by Mrs. Hooper, to cast a
unanimous ballot for Mr. Gillett. Motion carried 5 to 0.
MANATEE GLENS CORPORATION
Public hearing (Notice in The Bradenton Herald 3/9/91) was held to
consider
ORDINANCE 91-35 AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MANATEE COUNTY, FLORIDA; MAKING CERTAIN
FINDINGS AND DETERMINATIONS; SETTING FORTH CERTAIN
DEFINITIONS; AUTHORIZING A CAPITAL IMPROVEMENT GRANT FOR THE
ACQUISITION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO
MENTAL HEALTH FACILITIES, TO MANATEE GLENS CORPORATION;
AUTHORIZING THE ISSUANCE OF REVENUE BONDS TO FINANCE AND
REFINANCE THE COST OF ACQUIRING, CONSTRUCTING AND EQUIPPING
ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO MENTAL HEALTH
FACILITIES OPERATED BY MANATEE GLENS CORPORATION; PROVIDING
FOR THE TERMS OF PAYMENT OF SUCH BONDS; PROVIDING FOR THE
IMPLEMENTATION OF THIS ORDINANCE BY SUBSEQUENT PROCEEDINGS AND
PROVIDING FOR THE POWERS AND DUTIES OF THE BOARD OF COUNTY
COMMISSIONERS OF MANATEE COUNTY, FLORIDA, AND FOR THE
DELEGATION THEREOF; PROVIDING A REPEALER AND SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Patricia McVoy, Assistant County Attorney, advised that this Ordinance
will enable the County to provide a grant to Manatee Glens for the
expansion of the Glen Oaks Facility and to issue bonds to fund the
grant. She also addressed the manner in which the bonds will be paid.
Ms. Snell moved to adopt Ordinance 91-35.
Mrs. Harris and carried 5 to 0.
Motion was seconded by
RECORD S40-1149
APRIL 2. 1991 (Confd)
ZONING
Public hearing (Notice in The Bradenton Herald 3/14/91) was held for the
purpose of considering
PDUI-90-OKG) <R) TROPICANA PRODUCTS. INC. (APPROVED)
Request: Approval of a General Development Plan for 424,059 square
feet of industrial, warehouse and office space on 191.89 acres
located between 13th Avenue East, U.S. 301, 15th Street East, and
3rd Street East.
Planning Commission recommended APPROVAL with stipulations:
1. All new access to the site shall be from streets designated as
a minor collector or higher on the Functional Classification
Map.
2. A signage and lighting plan for the proposed development on
the site shall be submitted with each Final Site Plan.
3. All new truck loading, service areas, outside storage and
parking of heavy equipment, semi-trucks and trailers shall be
screened from view from the public right-of-way with a solid
fence at least six feet in height and landscaping equaling at
least one canopy tree every 25 feet on center and 20 shrubs
per 30 linear feet. Such landscaping shall be located on the
exterior side of the fence.
4. All new structures located on the perimeter of the project
shall provide a screening buffer consistent with No. 3 above.
5. A specific noise mitigation plan shall be provided with
submittal of each Preliminary Site Plan. Such plan may
include additional buffering and separation of uses from
property lines, and shall include provisions for regularly
scheduled noise monitoring. This noise mitigation plan shall
be submitted to, and approved by, the Planning Director.
There shall be no increase above the ambient noise level at
all property lines created by this development. This shall be
verified by quarterly reports which give operational noise
levels, which shall be provided by the developer at their
cost.
6. The developer shall provide an outdoor warning system for any
new development on this site that will warn adjacent residents
of a hazardous materials accident on site.
7. For all proposed structures located on the perimeter of the
Tropicana site the loading zones shall be located on a side of
the building which does not face any area developed or zoned
for residential use.
Lori Suess, Planning and Zoning, pointed out the proposed and existing
structures on the site plan. She stated this General Development Plan
includes only those areas which have the Industrial/Urban Future Land
Use Category within the existing property; it does not include any
residential areas owned by Tropicana. She reviewed the staff report
pointing out the General Development Plan standards.
She also reviewed the stipulations and submitted revised stipulations:
Combine Stipulations 3 and 4 to read:
3. All new truck loading, service, outside storage and parking of
heavy equipment, semi-truck and trailer areas located adjacent
to residentially zoned or used property shall be screened from
view from the public right-of-way or such residential uses by
a solid fence at least six feet in height and landscaping
equaling one canopy tree meeting the minimum requirements of
Section 715, planted every 25 feet on center and 20 shrubs per
30 linear feet. This landscaping shall be located on the
exterior side of the fence. The requirements of a solid fence
shall not apply to Parcels 1, 2, and 3 as shown on the General
Development Plan, as those parcels are not adjacent to
residential land. However, the buffering requirement as
stated above shall apply, less the requirement of the solid
fence or wall.
^?1
5W
APRIL 2. 1991 (Confd)
Revise Stipulation 6 to read:
6. The developer shall provide an outdoor warning system for any
new freezer or other development on this site that will warn
adjacent residents of an ammonia release on the site. Only
such uses that utilize ammonia shall be required to provide
this outdoor warning system.
Alan Prather, Attorney representing the applicant, agreed to the
stipulations, as amended.
Philip A. Nathan, representing Mixon Fruit Farms, submitted letter dated
April 1, 1991, expressing concern with regard to increased flooding and
requesting that Tropicana develop stormwater management facilities to
meet State and County regulations.
Bill Mixon, Mixon Fruit Farms, stated he is opposed to any new buildings
in this area until the flooding problems are resolved. He also spoke to
pollution problems.
Jerome Gostkowski, Public Works, advised that a stormwater plan is
required and must meet County and State regulations if in excess of 500
square feet of additional impervious surface is introduced.
Discussion: A portion of the property is in the City of Bradenton; the
City relies on Southwest Florida Water Management District (SWFWMD) to
oversee stormwater treatment/storage; redevelopment of the site, etc.
(NOTE: Further discussion/action following the next item)
CITIZEN'S COMMENTS
Parrish/Rubonia Bus Services
Noble Robertson, representing the Parrish Civic Association, submitted
petitions requesting bus service to the Parrish and Rubonia areas.
Fireworks Display, July 4, 1991
Dan Smithwick, PRIDE group, submitted a letter requesting the County
increase funding for the July 4, 1991, fireworks display.
Fluoridated Water
Dr. Maurice Gregg spoke in opposition to adding fluoride to the public
water system.
ZONING - PDUI-90-OKG) (R) TROPICANA PRODUCTS. INC. (Confd)
Bob Lombardo, Consulting Engineer, advised that Tropicana is committed
to instituting on-site solutions to the drainage/flooding problems.
This request for a General Development plan is only the first step in
increasing approximately 400,000 square feet on site. The drainage
requirements will be considered at the Preliminary and/or Final Site
Plan stage. Tropicana cannot proceed with any development without
meeting County or SWFWMD requirements.
Discussion: As this plan is implemented, the County can implement
retrofitting to alleviate run-off problems; determine the extent that
other developments in the area share in the drainage problems;
implementing impact fees for drainage; considering stormwater plans for
this area specifically on capital improvements, etc.
Based upon the staff report, evidence presented and comments made at the
public hearing, and the action of the Planning Commission, and finding
the request to be consistent with the Manatee County Comprehensive Plan
and the Manatee County Land Development Code, Mrs. Hooper moved to
approve General Development Plan PDUI-90-01(G)(R) with stipulations 1,
as amended by Planning (Commission), 2, 3, as revised, 5, 6, as revised,
and 7. Motion was seconded by Ms. Snell and carried 5 to 0.
RECORD S40-1150
ORDINANCE 91-32, SPEED LIMITS
Public hearing (Notice in The Bradenton Herald 3/8/91) was held to
consider
APRIL 2. 1991 (Cont'd)
ORDINANCE 91-32 AN ORDINANCE OF MANATEE COUNTY, FLORIDA,
AMENDING MANATEE COUNTY ORDINANCE 84-05; TO PROHIBIT THE |
TRAVEL OF VEHICLES AT SPEEDS IN EXCESS OF THE ESTABLISHED
LIMIT ON CERTAIN COUNTY MAINTAINED STREETS LOCATED WITHIN THE
UNINCORPORATED AREA OF MANATEE COUNTY, FLORIDA; AND PROVIDING
AN EFFECTIVE DATE.
Fox Chase Subdivision (Ellenton)
92nd Avenue East, from Old Tampa Road to dead end 20 mph
31st Street Court East, from 92nd Avenue East to dead end 20 mph
29th Street East, from 92nd Avenue East to dead end 20 mph
Briarwood Subdivision Units 1 & 2
58th Drive East, from 33rd Street East to 31st Court East 20 mph
58th Drive East, from 31st Court East to 57th Avenue East 20 mph
31st Court East, from 58th Drive East to 57th Avenue
Circle E 20 mph
31st Court East, from 57th Avenue Circle East to
57th Avenue East 20 mph
57th Avenue Circle East, accessed via 57th Avenue East to
31st Court East, then east, then south, then west, then
north to dead end 20 mph
57th Avenue East, from 33rd Street East to dead end 20 mph
29th Street Circle East, from 57th Avenue East to
57th Avenue East 20 mph
56th Place East, from 29th Street Circle East,
east to dead end 20 mph
30th Court East, from 29th Street Circle East,
south to dead end 20 mph
Palma Sola Village Subdivision
1st Avenue West, from 67th Street West to 68th Street
Northwest 20 mph
1st Avenue Drive Northwest, from 68th Street Northwest
to 70th Street Northwest 20 mph
3rd Avenue Northwest, from 68th Street Northwest to
69th Street Northwest 20 mph
4th Avenue Drive Northwest, from 69th Street Northwest
to 71st Street Northwest 20 mph
68th Street Northwest, from 1st Avenue West to
3rd Avenue Northwest 20 mph
69th Street Northwest, from 1st Avenue Drive Northwest
to 4th Avenue Drive Northwest 20 mph
70th Street Northwest, from 1st Avenue Drive Northwest
to 4th Avenue Drive Northwest 20 mph
71st Street Northwest, from 4th Avenue Drive Northwest
to 5th Avenue Northwest 20 mph
16th Avenue Northwest, from 71st Street Northwest to
75th Street Northwest 25 mph
60th Avenue East, from 1st Street East to 3rd Street East 20 mph
83rd Street Northwest, from 9th Avenue Northwest to
12th Avenue Northwest 20 mph
89th Street Northwest, from 17th Avenue Northwest, south
to dead end 20 mph
102nd Street West, from Cortez Road to 46th Avenue West 20 mph
Bay shore Road, from Palmview Road, south to S.R. 45/
U.S. 41 (Palmetto) 35 mph
(Depart Mrs. Glass; Ms. Snell presiding)
Motion was made by Mr. Chetlain, and seconded by Mrs. Harris, to adopt
Ordinance 91-32. Motion carried 4 to 0.
RECORD S40-1151
ORDINANCE 91-33, NO THRU TRUCKS
Public hearing (Notice in The Bradenton Herald 3/8/91) was held to
consider
STO
5^4
APRIL 2. 1991 (Cont'd)
ORDINANCE 91-33 AN ORDINANCE OF MANATEE COUNTY, FLORIDA,
AMENDING MANATEE COUNTY ORDINANCE 84-06; TO REGULATE THE
TRAVEL OF CERTAIN THROUGH TRAFFIC ON CERTAIN COUNTY MAINTAINED
STREET LOCATED WITHIN THE UNINCORPORATED AREA OF MANATEE
COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
31st Avenue East, from 150 feet east of 15th Street East/SR70A, to
16th Street Court East.
Motion was made by Mrs. Harris, and seconded by Mrs. Hooper, to adopt
Ordinance 91-33. Motion carried 4 to 0.
RECORD S40-1152
ORDINANCE 91-34, NO PARKING
Public hearing (Notice in The Bradenton Herald 3/8/91) was held to
consider
ORDINANCE 91-34 AN ORDINANCE OF MANATEE COUNTY, FLORIDA,
AMENDING MANATEE COUNTY ORDINANCE 84-04; AS AMENDED BY
ORDINANCES 84-15 AND 84-24, PROHIBITING THE STOPPING, STANDING
OR PARKING OF MOTOR VEHICLES ON CERTAIN COUNTY MAINTAINED
STREET LOCATED WITHIN THE UNINCORPORATED AREA OF MANATEE
COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
30th Avenue West (South side only), from 350 feet west of 3rd
Street West to 300 feet east of 7th Street West.
•Motion was made by Mrs. Hooper, and seconded by Mrs. Harris, to adopt
Ordinance 91-34. Motion carried 4 to 0.
RECORD S40-1153
STREET VACATION; W.H. VANDERIPE SUBDIVISION AND PHILLIPS & ALLEN
RE8UBDIVI8ION
Public hearing (Notices in The Bradenton Herald 3/14 and 3/26/91) was
held to consider application 91-V-7 by Contour, Inc., and adoption of
R-91-49-V A RESOLUTION VACATING A PORTION OF 56TH AVENUE EAST
AND LOTS LYING IN THE W.H. VANDERIPE SUBDIVISION (PLAT BOOK 1,
PAGE 115) AND THE PHILLIPS AND ALLEN RESUBDIVISION (PLAT BOOK
1, PAGE 308-A) TOGETHER WITH THE PUBLIC RIGHT OF WAY DESCRIBED
AS 23RD STREET EAST OR WILLIAM STREET (OR BOOK 826, PAGE 901
AND OR BOOK 862, PAGE 111)
Claude Tyier, Public Works, recommended adoption of the Resolution.
Motion was made by Mrs. Hooper, to adopt Resolution R-91-49-V. Motion
was seconded by Mrs. Harris and carried 4 to 0.
RECORD S40-1154
ORDINANCE 91-36, WATER CONSERVATION & ENVIRONMENTAL EDUCATION FUND
Public hearing (Notice in The Bradenton Herald 3/9/91) was held to
consider
ORDINANCE 91-36 AN ORDINANCE OF MANATEE COUNTY, FLORIDA;
SETTING FORTH THE PURPOSE OF THE ORDINANCE; AUTHORIZING THE
EXPENDITURE OF COUNTY FUNDS FOR THE ESTABLISHMENT OF A WATER
CONSERVATION AND ENVIRONMENTAL EDUCATION FUND; AUTHORIZING THE
EXPENDITURES FROM THE FUND FOR INCENTIVES AND AWARDS FOR
EDUCATION AND ACHIEVEMENT IN AREAS RELATED TO WATER
CONSERVATION AND ENVIRONMENTAL PROTECTION; PROVIDING FOR THE
APPROVAL OF EXPENDITURES AND CREATION OF PROGRAMS BY
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS AND PROVIDING
AN EFFECTIVE DATE.
Bob Schoenleber, Public Information Officer, stated that the Board has
requested a scholastic competition for high schools to be held as part
of "Earth Day." County funds will be appropriated for the winning
school. •
APRIL 2. 1991 (Confd)
In the absence of clear statutory authority for the expenditure of
funds, the County Attorney requested an Ordinance be adopted that would
to provide authority and identify public benefit.
(Enter Mrs. Glass)
Motion was made by Mr. Chetlain, and seconded by Mrs. Harris, to adopt
Ordinance 91-36. Motion carried 5 to 0.
RECORD S40-1155
(Mrs. Glass presiding)
RUBONIA COMMUNITY CENTER - EXPANSION
Joseph Miller, Parks and Recreation Director, requested approval for
funding up to $125,000 for the expansion of the Rubonia Community Center
and for authorization for the Facility Management Department to provide
in-kind construction supervision for the project. In the Fiscal Year
1991 budget, $50,000 was set aside for facility expansion for the
Rubonia/Myakka Youth Centers and staff was directed to seek funding
sources for the renovation and expansion projects. The Junior League of
Manatee County has recognized the Rubonia Community Center expansion as
possibly being the number one priority for the next funding cycle and
has made a commitment of $25,000 if the Board approves the funding.
He referred to two memorandums from the County Attorney regarding the
possibility of using Parks and Recreation Impact Fees on the project,
and the possibility of using the Road Gang for remodeling and expanding.
As the property is under the ownership of the School Board, the Road
Gang cannot be utilized. However, if the County enters into an
interlocal agreement to give the County control of the property, then
this issue can be revisited.
Jeffrey Steinsnyder, Assistant County Attorney, advised that impact fees
could be used at the Center to accommodate new growth.
Jim Seuffert, Office of Financial Management Director, commented on use
of Reserve for Contingency Funds for this project and reiterated the
.need to freeze the Fund.
Mr. Chetlain moved to approve the funding of up to $125,000 ($50,000
approved FY 91 budget and $75,000 Park Impact Fees) for the Rubonia
Community Center expansion and to authorize the Facility Management
Department to provide in-kind construction supervision for this project.
Motion was seconded by Ms. Snell and carried 5 to 0.
BRADEN RIVER PARK - DESIGN SERVICES
Rob Cuthbert, Purchasing Director, requested authorization to enter into
contract negotiations with Dames & Moore of Tampa, Florida, for design
services for the Braden River Park.
Motion was made by Ms. Snell to approve the request. Motion was
seconded by Mr. Chetlain and carried 5 to 0.
WOOD/YARD WASTES - PROCESSING
Mr. Chetlain moved to execute contract (RFP No. 909021), Processing of
Wood/Yard Wastes, between Manatee County and Resource Industries, Inc..
Sarasota, Florida, on an as required unit price basis. Motion was
seconded by Ms. Snell and carried 5 to 0.
RECORD S40-1156
SOLID WASTE MASTER PLAN UPDATE
Mrs. Harris moved to execute contract (RFP No. 909015), Update of Solid
Waste Master Plan, between Manatee County and R.W. Beck & Associates,,
Orlando, Florida, on an as required unit price basis, not to exceed
$200,000. Motion was seconded by Mr. Chetlain and carried 5 to 0.
RECORD S40-1157
5^5
576
APRIL 2. 1991 (Cont'd)
FIVE YEAR CAPITAL IMPROVEMENT PROGRAM. 1991-1995
Mr. Seuffert submitted Resolution
R-91-70 A RESOLUTION ADOPTING A FIVE YEAR CAPITAL IMPROVEMENT
PROGRAM AND ADOPTING A POLICY REGARDING THE ADMINISTRATION OF
THE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM
He stated it will implement the Capital Improvement Program (CIP) with
the exception of stormwater and certain general government projects. He
reviewed projects which are addressed in the CIP.
Steve Logan, Assistant County Administrator, advised that public
hearings will be required for projects in the CIP in order to be in
compliance with the Comprehensive Plan.
Mr. Chetlain moved to adopt R-91-70 approving the Capital Improvement
Program for 1991-1995 for transportation, utilities, and parks. Motion
was seconded by Mrs. Harris and carried 5 to 0.
RECORD S40-1158
Recess/Reconvene. All members present except Mr. Chance and Mr. McClash.
LEGISLATION: IMPACT FEES SENATE/HOUSE BILLS
David Rothfuss, Assistant County Administrator, submitted a memorandum
from Betty Steffens, legislative liaison, indicating that the Florida
Association of Counties (FAC) arranged to have a Bay County Commissioner
and a Leon County Attorney representing the interest of FAC and Counties
opposing the impact fee legislation to be heard by the Senate and House.
She has also indicated that Representative Holland has agreed to oppose
the impact fee legislation when it appears before the House Community
Affairs Committee.
There are amendments being offered with the hope that in the event that
one of the Bills is approved, county interests would be protected.
Discussion: Concerns that current requirements of developers will gain
impact fee credit; FAC is opposing any impact fee bill; positions of
other Representatives regarding the Bills.
DISHONORED CHECKS - SERVICE FEES
Motion was made by Mr. Chetlain, and seconded by Ms. Snell, to adopt
^' ^HU,1ULL&.
/f-9/-^7
ai^ /6/tfif
R-91-31 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MANATEE COUNTY, FLORIDA, RESCINDING RESOLUTION
R-87-01, ADOPTING A STANDARD SERVICE FEE FOR DISHONORED
CHECKS OFFERED IN PAYMENT TO MANATEE COUNTY, AND AMENDING
THE MANATEE COUNTY CODE.
Motion carried 5 to 0.
RECORD S40-1159
CIVIC CENTER - HB 1589
The County Administrator recommended (3/28/91 memo) adoption of a policy
position with regard to the State initiated amendment to HB 1589, which
would repeal the Special Act (78-556) establishing the Civic Center
Authority and convert it to an Ordinance of Manatee County.
Motion was made by Mr. Chetlain, and seconded by Mrs. Hooper, to
authorize the Chairman to execute a letter in support of HB 1589, as
amended. Motion carried 5 to 0.
LAND ACQUISITION - EMERSON POINT
The County Attorney requested execution of Option Agreements with (1)
Martha H. Morris. Jean R. Horton. Allan H. Horton. Gregory L. Morris and
Alice Armanda Edwards, as Trustees of the Almardon Trust and (2) Gregory
L. Morris. Martha H. Morris. Patricia M. Hobson, Robert F. Morris and
David C. Morris for purchase of parcels two and three of the Emerson
Point property.
APRIL 2. 1991 (Cont'd)
He advised that these Option Agreements remain subject to approval by
the Trustees for the State Lands.
He submitted a copy of a letter dated March 29, 1991/ from Tom Gardner,
Executive Director of the Florida Department of Natural Resources, to
Representative Toby Holland, pointing out that the Division of State
Lands, acting as agent for the Trustees, intends to continue the process
to acquire the two smaller parcels referred to as the HyKom and Smith
Parcels which comprise the remainder of the Emerson Point properties.
Mr. Chetlain moved to authorize execution of the contracts to purchase
Parcel 2, the Almardon Trust parcel, and Parcel 3, the Morris parcel, of
the Emerson Point Land. Motion was seconded by Mrs. Hooper and carried
5 to 0. S40-1160
RECORD S40-1161
REVENUE BOND RATINGS
R. B. Shore, Clerk of Circuit Court, advised the Board that Standard &
Poors has raised the rating for County Revenue Bonds to A+. The County
is now an A-l, A+ Utility System.
LAWSUITS
D. Osborn; L. Jacobson. E. Jacobson, 0. Johnson, and L. Brown
The County Attorney requested authorization to initiate a lawsuit
against David P. Osborn, Laura K. Jacobson, Eugene D. Jacobson, Otis
Johnson, and Lilly Brown for injunctive relief to abate a drug-related
nuisance at 5908 13th Street Court East.
Paul Bangel, Assistant County Attorney, advised that there have been
three drug-related arrests at this property. The injunction will bar
the arrestees from the property and will enjoin the landlord to evict
the tenant, if the tenant is in violation.
Motion was made by Mrs. Harris, and seconded by Mr. Chetlain, to grant
^ authorization for the County Attorney's Office to initiate the lawsuit.
•^ Motion carried 5 to 0.
Ralph Varner v. Manatee County
Jn^ the case of Ralph Varner v. Manatee County, the County Attorney
advised that Mr. Varner is seeking an award of $30,000 plus
reclassification of his position to pay grade 126 and that he be given
the maximum salary of grade 126. He recommended the offer be rejected
and that the case proceed to trial unless the Board wishes to consider
a counter offer of $12,000.
Motion was made by Mr. Chetlain, and seconded by Mrs. Hooper, to reject
the offer. Motion carried 5 to 0.
COUNTY ADMINISTRATOR
Interim - David Rothfuss
Inasmuch as Mr. Ellis' letter of resignation was accepted earlier in the
meeting, motion was made by Mrs. Hooper, and seconded by Mrs. Harris, to
appoint David Rothfuss as Interim County Administrator. Motion carried
5 to 0.
Special Consultant - A. V. Ellis
Upon suggestion that Mr. Ellis be retained as a Special Consultant,
there was consensus that Mrs. Glass and Mr. Ellis discuss the matter.
COMMISSIONERS' COMMENTS
Daily Reading File
Mrs. Harris recommended a daily reading file be created for any
correspondence from an individual Commissioner on matters which may
affect the entire Board.
Code Enforcement
Mrs. Harris questioned the progress of the informal committee which
began work on a conceptual program for preventive measures within Code
Enforcement, i
W7
^8
APRIL 2. 1991 (Confd)
Mr. Ellis advised that there are elements which were not complete to
allow this to be presented with cost implications. He stated this could
be presented within the next two weeks.
Beach Restoration Project
Ms. Snell requested staff be authorized to prepare a letter of thanks to
the Army Corp of Engineers for help in the Beach Restoration Project and
urging them to make the County more of a priority.
Suggestion was made that the Legislators also be contacted and that the
letter to the Corp of Engineers reinforce the upcoming hurricane season.
Disposition: Place letters on agenda Thursday, April 4, 1991.
Manatee Street - Buffer
Mrs. Glass requested a report on a previous suggestion that the County
place plants from the County Nursery in the right-of-way of Manatee
Street behind the Sarasota Motor Inn as a buffer.
MEETING RECESSED
There being no further business, the meeting was recessed to April 4,
1991,^ at 9:00 a.m.
/dev