january 11, 1978 - manatee clerk...1978/01/17  · january 11, 1978 the board of county...

14
JANUARY 11, 1978 The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION, in the Courthouse, Bradenton, Florida, Tuesday, January 17, 1978, at 9:05 a.m. Present were Commissioners: Louis E. Driggers, Chairman Dan P. McClure, Vice Chairman Lamar S. Parrish L.H. Fortson Jr R.W. Fowinkle, III Also present: John D. Sands, Deputy Clerk E.N. Fay, Jr, County Attorney The meeting was called to order by the Chairman. Invocation was given by Gary Holland, Sarabay Baptist Church. ORDINANCE 78-4 (78-1) - COUNTY COMMISSIONERS MILEAGE ALLOWANCE Public Hearing was declared open for consideration of Ordinance 78-4 (Advertised as 78-1) AN ORDINANCE OF MANATEE COUNTY, FLORIDA, MAKING CERTAIN FINDINGS OF FACT REGARDING THE MILEAGE PAID TO MEMBERS OF THE BOARD OF COUNTY COM¬ MISSIONERS OF MANATEE COUNTY, FLORIDA; REPEALING SECTION I OF CHAPTER 67-778 OF SPECIAL ACTS OF FLORIDA; REPEALING ORDINANCE NO. 74-12 OF MANATEE COUNTY, FLORIDA AND PROVIDING AN EFFECTIVE DATE. The County Attorney summarized Ordinance No. 78-4, explaining that this Ordinance repeals the Special Acts of the General Law, and allows the County Commissioners two alternatives for establishing a mileage allowance: 1. 14<: per mile, for miles logged 2. Set a flat monthly rate for themselves The Public hearing was declared closed. Motion was made by Mr Parrish to adopt Ordinance No. 78-1, and amend it to No. 78-4. Motion was seconded by Mr Fowinkle and carried unanimously. ^ORDINANCE RECORDED S3-149 COUNTY COMMISSIONERS: MILEAGE ALLOWANCE Mr Fowinkle recommended each Commissioner receive a flat monthly rate (based on an average typical month, to be filed annually) be approved. The County Attorney advised that if the decision is made to establish a monthly allowance, it should be based upon an amount that has been filed in the past, ($283.00 is maximum amount on file,) and suggested $280.00 per month. Motion was made by Mr McClure to approve recommendation of Mr Fowinkle, establish a flat rate of $280.00 per month, and instruct the County Attorney to draft the appropriate resolution. Motion was seconded by Mr Fowinkle and carried unanimously. PALMA SOLA GARDENS SUBDIVISION; SALVADOR ROAD, VACATION OF Public Hearing was declared open to consider petition of H.M. Dodson, Inc. to vacate Salvador Road in Palma Sola Gardens Subdivision Richard(Wood) W. Wood, Attorney, representing petitioner, sub¬ mitted proposed resolution , advising that the Utilities Depart¬ ment has requested a 20' easement which is agreeable with petitioner. ;7 r^ • ^ L-. -'

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Page 1: JANUARY 11, 1978 - Manatee Clerk...1978/01/17  · JANUARY 11, 1978 The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION, in the Courthouse, Bradenton,

JANUARY 11, 1978

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

in REGULAR SESSION, in the Courthouse, Bradenton, Florida, Tuesday,

January 17, 1978, at 9:05 a.m.

Present were Commissioners:

Louis E. Driggers, Chairman

Dan P. McClure, Vice Chairman

Lamar S. Parrish

L.H. Fortson Jr

R.W. Fowinkle, III

Also present:

John D. Sands, Deputy Clerk

E.N. Fay, Jr, County Attorney

The meeting was called to order by the Chairman.

Invocation was given by Gary Holland, Sarabay Baptist Church.

ORDINANCE 78-4 (78-1) - COUNTY COMMISSIONERS MILEAGE ALLOWANCE

Public Hearing was declared open for consideration of Ordinance

78-4 (Advertised as 78-1)

AN ORDINANCE OF MANATEE COUNTY, FLORIDA, MAKING

CERTAIN FINDINGS OF FACT REGARDING THE MILEAGE

PAID TO MEMBERS OF THE BOARD OF COUNTY COM¬

MISSIONERS OF MANATEE COUNTY, FLORIDA; REPEALING

SECTION I OF CHAPTER 67-778 OF SPECIAL ACTS OF

FLORIDA; REPEALING ORDINANCE NO. 74-12 OF MANATEE

COUNTY, FLORIDA AND PROVIDING AN EFFECTIVE DATE.

The County Attorney summarized Ordinance No. 78-4, explaining

that this Ordinance repeals the Special Acts of the General

Law, and allows the County Commissioners two alternatives

for establishing a mileage allowance:

1. 14<: per mile, for miles logged

2. Set a flat monthly rate for themselves

The Public hearing was declared closed.

Motion was made by Mr Parrish to adopt Ordinance No. 78-1, and

amend it to No. 78-4. Motion was seconded by Mr Fowinkle and

carried unanimously.

^ORDINANCE RECORDED S3-149

COUNTY COMMISSIONERS: MILEAGE ALLOWANCE

Mr Fowinkle recommended each Commissioner receive a flat

monthly rate (based on an average typical month, to be filed

annually) be approved.

The County Attorney advised that if the decision is made to

establish a monthly allowance, it should be based upon an amount

that has been filed in the past, ($283.00 is maximum amount on

file,) and suggested $280.00 per month.

Motion was made by Mr McClure to approve recommendation of

Mr Fowinkle, establish a flat rate of $280.00 per month,

and instruct the County Attorney to draft the appropriate

resolution. Motion was seconded by Mr Fowinkle and carried

unanimously.

PALMA SOLA GARDENS SUBDIVISION; SALVADOR ROAD, VACATION OF

Public Hearing was declared open to consider petition of

H.M. Dodson, Inc. to vacate Salvador Road in Palma Sola

Gardens Subdivision

Richard(Wood) W. Wood, Attorney, representing petitioner, sub¬

mitted proposed resolution , advising that the Utilities Depart¬

ment has requested a 20' easement which is agreeable with petitioner.

;7 r^ • ^

L-. -'

Page 2: JANUARY 11, 1978 - Manatee Clerk...1978/01/17  · JANUARY 11, 1978 The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION, in the Courthouse, Bradenton,

/) ^ ,3 <a(, i

JANUARY 17, 1978 Cont'd

He read a letter from Bill Swann of the Planning Department,

stating they had no objections to the vacation of Salvador

Road, but recommending that lots 1,2,3, Block D, and lots 4,5,6,

Block C, Palma Sola Bay Gardens Subdivision be vacated so as not

to allow lots of record to exist without access to a County street.

Public Hearing was declared closed.

Mr Dodson, petitioner, questioned the need to replat.

Action was deferred to allow the petitioner and the Planning

Department to try to reach agreement on replatting the lots.

GRANTS DEVELOPMENT DEPARTMENT -•-, : \?-:-SS-

Regis Chapman, Director, Grants Development Department submitted

requests for approval, outlined in his letter dated January 17,

1978.

(1) Two On-the-Job-Training Contracts:

'•• a. R-125, with Sawdust Joe to train a Furniture Reproduction

Carpenter, January 10, 1978 - November 6, 1978, $1946.24

t-'b. R-126, with Sawdust Joe to train a Furniture Reproduction

Carpenter, $2,432.80

(2) Changes to CETA Title VI Public Service Employment Occu¬

pational Summary:

Delete: One Groundskeeper I; One Meter Reader

Add: Two Utilities Clerk I

(3) CETA Title Modification in the amount of $23,056.00 (ad¬

ditional allocation in carry-over funds from FY1977)

(4) Chairman to sign a response to the U.S. Department of

(•"- Labor audit of CETA programs from inception to 9-30-76.

i, (5) Memorandum of Understanding with Regional Office of Audit

of the U.S. Department of Labor ( Re: CETA subcontractors)

(6) CETA VI Modification No. 803 to increase the current fiscal

V amount by $291,339.

Motion was made by Mr McClure that recommendations of Mr Chapman

be approved. Motion was seconded by Mr Parrish and carried —

unanimously. St>

CONTRACTS RECORDED

MANATEE HOUSING AUTHORITY - TAMPA BAY REGIONAL PLANNING COUNCIL

Hank Gergowi'tz-,Director, Manatee County Housing Authority,

submitted a Memorandum from Tampa Bay Regional Planning Council

and a proposed Coordination Agreement between Manatee County

and TBRPC for developing a regional Housing Opportunity Plan

(HOP), stating that the County's participation is requested

in order to make the community eligible for bonus Section 8

Rental Assistance funds and other Federal Housing Assistance

funding programs within the Tampa Bay Region.

At the suggestion of Mr McClure action was deferred for two weeks

to give him an opportunity to read the document and for the Coun¬

ty Attorney and local Housing Authority and Planning Department

to review the proposal and make recommendations.

PLANNING & DEVELOPMENT - DEPT. OF COMMUNITY AFFAIRS: 701 GRANT

Charles Carrington,Planning Director,reported that the U.S.

Department of Housing and Urban Development (HUD) has awarded

the Florida Department of Community Affairs a demonstration

"701" grant to develop policy and action recommendations

supporting the goals of urban revitalization and community

conservation; that Manatee County has been given the opportunity

to participate in this planning program and could receive a

$24,000 "701" Grant by providing $12,000 match, either in cash or

with "in-kind" services. He requested the Board allow the Plan¬

ning Department to review a draft work program and enter into

contract.discussion without any commitment to sign.

Page 3: JANUARY 11, 1978 - Manatee Clerk...1978/01/17  · JANUARY 11, 1978 The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION, in the Courthouse, Bradenton,

JANUARY 17, 1978 Cont'd

Motion was made by Mr McClure to approve recommendations of the

Planning Director to explore the HUD 701 Grant proposal. Motion

was seconded by Mr Fowinkle and carried unanimously.

PURCHASING DEPARTMENT

William Mullon,Director of Purchasing, submitted recommendations

outlined in his letter dated January 13, 1978, and other items

as follows:

BONDS: PROFESSIONAL BUSINESS SYSTEMS OF THE SOUTH, INC

OFFICE EQUIPMENT

Upon motion by Mr Fowinkle, seconded by Mr Parrish, the Board

unanimously accepted $2,000 Performance and Payment Bond (Surety:

The Ohio Casualty Insurance Company) and authorized release of Cash

Bond in the amount of $2,000 to Professional Business Systems

of the South, Inc., in connection with their annual service

contract on typewriters owned by the Board of County Commissioners.

UTILITIES DEPARTMENT

(1) Six Fire Hydrants (Mueller, 5-3/4")

a. waive bid procedure

b. accept low verbal quote (Palmetto Pumps, $2,028)

(2) Ten Meter Boxes (Cast Iron)

a. waive bid procedures

b. accept low verbal quote (Gulf Machinery, $1,500)

Action on these two requests was deferred until Thursday so

the Utilities Department Director could be present.

(3) Meters (Large-Sized: 6" and above)

a. Contract for recalibration at $300 each for

ten (10) meters with Southern Meters Inc

Mr Mullon advised that Southern Meters Inc. is in the process of

repairing and recalibrating these large meters under a contract

not "in existence" (in that it does not have the approval the Board)

He said the repair and recalibration was triggered by the City of

Palmetto reporting;that they were selling more water than they

were buying, and Mr Pittman contacted Southern Meters Inc and had

them recalibrate a meter which was found to be 25 percent low in

reading estimated to cause a $1500 per month loss of income to

the County.

Motion was made by Mr McClure to authorize continuation of the

meter reading by Southern Meters Inc on an hourly basis, and

discuss it further with Mr Pittman on Thursday. Motion was

seconded by Mr Parrish and carried unanimously.

LIBRARY SYSTEM

Electricity Account with Florida Power & Light Company

a. Transfer from Contractor (Roger B. Hall) to County

Following discussion, action was deferred for further research by

Mr Fowinkle.

PARKS & RECREATION DEPARTMENT

(1)Assorted Plants and Trees (Bid No. 78-04)

a. Award to lowest bidders - Amerson Landscape and Reasoners

based on unit cost, line item by line item

Mr McClure requested this item be deferred, pending review of the

bid by the Park Board. There was no objection.

VARIOUS DEPARTMENTS

(2) Miscellaneous Surplus Equipment

a. Advertise for sale (GE Air Conditioner; Dukane P.S.

System; Mighty Mite Remington Chain Saw; Executive

Swivel Chair)

43S

Page 4: JANUARY 11, 1978 - Manatee Clerk...1978/01/17  · JANUARY 11, 1978 The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION, in the Courthouse, Bradenton,

436

JANUARY 17, 1978 Cont'd

HIGHWAY DEPARTMENT

TT5Paving 21st Ave W. (Highway Proj. #0601)

Between 51st Street and 59th Street

a. Advertise for bids

Motion was made by Mr Fowinkle that Items 2 and 3 be approved

as outlined by the Purchasing Director. Motion was seconded

by Mr McClure and carried unanimously.

The Purchasing Director recommended that items deferred in

previous meeting again be deferred. There was no objection.

MANATEE COUNTY CHAMBER OF COMMERCE: TOURIST DEVELOPMENT ACT;

L.E. DRIGGERS

Richard E. Turner, President of the Manatee Chamber of Commerce,

read two Resolutions developed and adopted by that organization:

(1) Appointing a Tourist Development Council as

outlined in the Local Option Tourist Development Act

Motion was made by Mr McClure that the Resolution be accepted.

Motion was seconded by Mr Fowinkle and carried unanimously.

(2) Commending L.E. Driggers, Chairman of the Board of

County Commissioners, for his efforts in connection

with locating the Siemens AG firm in the County.

Motion was made by Mr McClure that the Resolution be accepted

and spread upon the Minutes. Motion was seconded by Mr Parrish

and carried unanimously. -RECORDED_________ S3-150

APPRAISAL: SANITARY LANDFILL - CITY OF PALMETTO

Bob Moon,Right of Way Agent,submitted an appraisal from Alcott

& Associates on the property for proposed extension of the County

Sanitary Landfill (as a joint effort with the City of Palmetto)

and statement for $800 appraisal fee.

Motion was made by Mr McClure to accept the appraisal, pay

the bill, and authorize /the Right of Way agent to negotiate

with the owner for purchase of the property. Motion was seconded

by Mr Fowinkle and carried unanimously.

SECONDARY ROAD SYSTEM: STATUS REPORT; 7TH CENT GASOLINE TAX

Mr Moon reported that a total of approximately 25 miles of

secondary roads have been returned by the state to the govern¬

mental agencies in the County, as follows:

State Road 789-4 miles (automatically reverts to

the cities on the islands)

State Road S-55 - ^ mile, between US 41 and US 301

(7th St. in Palmetto; and automatically reverts to

the City of Palmetto)

State Road 39-4 miles; State Road 675 - 13 miles;

State Road 43 1-h miles; State Road 64 2-^ miles

The Chairman instructed Mr Moon to work with the finance chairman

to make sure that the 7th Cent money is drawn down and proper

accounts set up to assure these funds are used only for

these roads

FLORIDA HIGHWAY PATROL OFFICE SITE - PROPERTY (BAKER)

The County Attorney summarized terms and conditions of the

Option to Purchase real property on State Road 70 from Mr

and Mrs Vernon Baker for the proposed site of Florida High

way Patrol facilities, (outlined in his letter to the Board

dated January 9, 1978) advising that if the County decides

to exercise the option, the Bakers should be notified in

writing of the election, and instructed to furnish the

County with the Abstract of Title or the Commitment or

Binder for title insurance.

Page 5: JANUARY 11, 1978 - Manatee Clerk...1978/01/17  · JANUARY 11, 1978 The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION, in the Courthouse, Bradenton,

JANUARY 17, 1978 Cont'd

Motion was made by Mr Fortson that the Board exercise the

Option to Purchase, and authorize the County Attorney to

so notify the Bakers and request the Abstract of Title.

Motion was seconded by Mr Prrish and carried unanimously.

TRANSIT DEPARTMENT

Phil Davis,Transit Director, announced that Congressman Andy

Ireland had called to advise that a grant for the Transit Depart¬

ment's 1977 operating deficit in the amount of $57,932 had been

approved, and it is now a matter of applying for the funds.

RECESS

Following a short recess, the Board reconvened with all members

present.

ZONING

Charles Carrington, Director, Planning and Development Department,

and Bill Swann, Assistant, submitted recommendations of the

Planning Commission.

R-865 - PIKE INDUSTRIES, INC. - DEFERRED

Request to change present zoning from PR to

-C- deferred one week, at request of petitioner

(relayed by the Planning Director)

R-872 - GEORGE W. & JEAN BORLASE - APPROVED

Request to change present zoning from C-l to

C-2 district for uses permitted in C-2 district

on 0.24 acre at 1108 28th Avenue, W.

Planning Commission recommended DENIAL.

The denial of the Planning Commission was based on the fact

that the request, if granted, would essentially result in the

expansion of C-2 uses in an established residential neighborhood.

There were no objections from the Highway-Engineering, Health

or Utilities Departments.

George Borlase, petitioner, pointed out other commercial uses in

the immediate vicinity of his property/ and advised that his can¬

vass of the neighborhood revealed no objections; also, he emphasized

that this is not a completely residential neighborhood, as stated

by the Planning Commission.

Mr Fortson said he had no objection to granting the request

and Mr Fowinkle, who is familiar with the area, said he felt

it was compatible with the rest of the neighborhood. Based

on these statements, Mr Driggers, in whose district the property

is located, recommended approval.

Motion was made by Mr Fortson

propriate resolution. Motion

carried unanimously.

to approve R-872 and adopt ap-

was seconded by Mr Fowinkle and

"RESOLUTION RECORDED ZONING

R-872

SE-1073 - SHERBURN DAKIN (GREENHOUSES) DENIED

Request:Special exception to permit four

greenhouses for raising hydroponic crops on 4.06

acres (a vacant lot in an existing two-lot sub¬

division) located at 1474 Center Road, Terra Ceia.

Planning Commission recommended APPROVAL.

The Planning Director advised that the Planning Commission

recommended approval of one greenhouse, instead of four,

for a period of five years, with a five year extension to

be granted at the administrative discretion of the Planning

Director; he also stated one person spoke in opposition at

the public hearing on SE-1073 and one letter was received

in opposition.

/3 (^'••'•i

^c.. u'

Page 6: JANUARY 11, 1978 - Manatee Clerk...1978/01/17  · JANUARY 11, 1978 The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION, in the Courthouse, Bradenton,

4C3

JANUARY 17, 1978 Cont'd

Ray Bolgar and Steve Martin, adjacent property owners, expressed

opposition.

Mrs Hazel McGoldrie, 1471 Center Road, stated she was the writer

of the letter in opposition to SE-1073, then spoke in opposition.

Motion was made by Mr McClure to deny SE-1073. Motion was

seconded by Mr Fowinkle and carried unanimously.

SE-1077 LINO S. & NENITA CORTES APPROVED

Special Exception to permit growing and raising

of environmental horticultural crops on 4.7 acres

west of 83rd St., N.W. and approximately 1/8 mile

north of Palma Sola Loop Road

Planning Commission recommended APPROVAL for a period

of six years, subject to water and road easements

being resolved.

The Planning.Director reported that two persons spoke in opposition

at the public hearing; there was no objection from the Health Depart¬

ment; County water is available but sanitary sewer service is not.

The Highway/Engineering Department requested a 30' easement

on the property from 9th Avenue N.W., (running 819' into the

property) be converted to a private road, if structures are

to be built on the property.

Mr Cortes requested that the 30' easement be deemed adequate

for access for Special Exception 1077 under County Zoning Code

Section VI, Para 4C.

Motion was made by Mr Fortson to approve SE-107 7, deem the

easement adequate and adopt appropriate resolution. Motion

was seconded by Mr Fowinkle and carried unanimously.

RESOLUTION RECORDED

SE-1078 - GEORGE PERRAULT, ET AL - APPROVED

Request: Special Exception to permit gasoline

station and island grocery market on 1.03 acres

on US 41 across from the entrance to Bayshore

Gardens Shopping Center.

Planning Commission recommended APPROVAL, subject

to stipulations of the Highway Department on ingress

and egress and compliance with rear setback requirements.

Paul Paster, Attorney, represented the petitioner, and there

was no one present in opposiiton.

Motion was made by Mr Fowinkle to approve SE-1078 and adopt

appropriate resolution. Motion was seconded by Mr Fortson

for discussion and he asked for an explanation of the Highway

Department's stipulations.

Mr Swann explained that there was a problem with the median,

as to whether the access should be confined to a single ingress-

egress. Mr Perrault said that his company has designed twenty

such market-service station islands, and this particular one has

been coordinated with the Department of Transportation to comply

with the stipulations.

The Chairman called for a question on the motion and the motion

carried unanimously.

RESOLUTION RECORDED

ZONING

SE-1077

ZONING

SE-1078

SE-1080 - HUGH WEST - MOBILEHOME - APPROVED

Request:Special Exception to permit use of a

mobilehome as a dwelling in "A" district on 5

acres located on the north side of SR 70, ap¬

proximately 900 ft west of Lorraine Road.

Page 7: JANUARY 11, 1978 - Manatee Clerk...1978/01/17  · JANUARY 11, 1978 The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION, in the Courthouse, Bradenton,

JANUARY 17, 1978 Cont'd

Planning Commission recommended APPROVAL for a

period of five years and an additional five years

may be granted at the administrative discretion

of the Planning Director.

Gienn Shuley, Wilbur Boyd Real Estate, advised that Mr West

wants the mobilehome placed on his property to live in, while

his home is being built.

Motion was made by Mr McClure to approve SE-1080 and adopt the

appropriate resolution. Motion was seconded by Mr Fowinkle

and carried unanimously.

"RESOLUTION RECORDED

SE-1081 - WILLIAM & MARLENE GURAL - APPROVED

Request: Special Exception to permit use of mobile home

as dwelling in "A" district on 4.84 acres located h mile

south of Taylor Grade Road and 1650 feet east of Bunker

Hill Church Road.

Planning Commission recommended APPROVAL for a period

of five years, and an additional five years extension

may be granted at the administrative discretion of the

Planning Director.

Motion was made by Mr Parrish to approve SE-1081 and adopt

appropriate resolution. Motion was seconded by Mr Fowinkle

and carried unanimously. ^

RESOLUTION RECORDED

N-107 - WHITING & POLK NCU - APPROVED

Request: To change an abandoned non-conforming

use to permit a printing business on 1.76 acres,

located at 1318 51st Avenue W., Snead Island.

Planning Commission recommends APPROVAL.

ZONING

SE-1080

ZONING

SE-1081

Mr Carrington stated

are not adequate for

letter is on file in

sition at the public

that the Highway Department feels the roads

proposed commercial facility; that one

opposition, and one person spoke in oppo-

hearing.

Kenneth Adams, representing the petitioner, advised that Fred

Kermode wrote the letter and also spoke against N-107 at the

meeting; that Mr Barbecky, owner of Service Printers Inc,

Palmetto, is buying the property and plans to fix up the

building and improve the property, which is presently an

eyesore to the community; that he does not deem the shell road

inadequate to the needs or use of the proposed printing business.

Motion was made by Mr McClure to approve N-107 and adopt the

appropriate resolution. Motion was seconded by Mr Fowinkle.

Mr Parrish advised he would like to withdraw from voting, as

the person owning the adjoining property and opposing N-107

is his nephew. The County Attorney advised Mr Parrish that he

could not abstain from voting, that if he felt there was a

conflict of interest, he could file a disclosure statement.

However, his announcement that Mr Kermode is a relative is all

that is necessary.

Mr McClure called for question on the motion. Motion carried

unanimously.

RESOLUTION RECORDED

77S-10(F) CATALINA SUBDIVISION - APPROVED

Request: Final plan approval of single family

subdivision on 137 single family lots on 17

acres, located west of 75th Street, W. and

north of 9th Avenue, N.W.

Planning Commission recommended APPROVAL, subject

ZONING

N-107

Page 8: JANUARY 11, 1978 - Manatee Clerk...1978/01/17  · JANUARY 11, 1978 The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION, in the Courthouse, Bradenton,

JANUARY 17, 1978 Cont'd

to posting bond for necessary improvements; ap¬

proval of water distribution system; and waiver of

sidewalks and recreation requirements, although the

petitioner will build a rough (shell/dirt/marl)

bicycle path along 9th Avenue N.W.

Bill Swann stated that the petitioners have met all the re¬

quirements for final plat approval; have completed most of

the improvements and posted a performance bond in the amount

of $127,560.37, (Cashier Check No. 161836, in Escrow Account

at the Ellis First National Bank) which meets the approval

of the county engineer and the county attorney, to cover

completion of the improvements.

Upon question by Mr Fortson concerning the necessity to vacate a

road at 'a JEuture -time,. Bill Swann said there was some concern

about a road on tne old plat (Pinehurst Subdivision) and if this

plat were approved, access to the park (10 acres of county-owned

property adjacent to the proposed Catalina Subdivision) would be

eliminated; however, access has been provided by a circular road.

Joe Ferrell, Attorney, representing Catalina Enterprises, Inc.,

said he would also like to entertain a resolution to vacate a

portion of Pinehurst Subdivision, deferred 12/20/77, pending

submission of the new plat which is in the southern portion.

The County Attorney announced that he has reviewed the resolution

and it appears to be in good legal order.

Motion was made by Mr Fortson to approve 77S-10(F),'approve

the bond and adopt the appropriate resolution. Motion was

seconded by Mr Fowinkle and carried unanimously.

•"RESOLUTION RECORDED ZONING

PINEHURST SUBDIVISION, VACATION OF

Upon motion by Mr Fortson, seconded by Mr Fowinkle, reso¬

lution was unanimously adopted to vacate a portion of Pine¬

hurst Subdivision.

^'RESOLUTION RECORDED S3-151

77S- 32 (P) - CONQUISTADOR BAYSIDE S/D - APPROVED

Request: Preliminary plan review of single family

subdivision on 36 single family lots, on 15 acres

located at 4400 El Conquistador Parkway at Club¬

house in El Conquistador Country Club.

Planning Commission recommended APPROVAL, with

waiver of interior sidewalks and recreational

requirements.

Bill Swann said the developer has agreed to comply with the

planning department stipulations to provide circular drive¬

ways on Lots 1,2 & 3 and to install a sidewalk along El

Conquistador Parkway, but asked waiver of sidewalks on the

interior streets and the recreational requirements, due to

the proposed construction of a foot bridge and the close

proximity to the golf course and clubhouse facilities.

Ted Steffin, Vice-President of the developing company, stated

that sidewalks were not being built in order to preserve the

vegetation and trees within the subdivision and create a woods-

like atmosphere.

Motion was made by Mr Fowinkle to approve 77S-32(P) and adopt

appropriate resolution. Motion was seconded by Mr Fortson and

carried unanimously.

"RESOLUTION RECORDED ZONING

(Mr Fowinkle left the meeting)

Page 9: JANUARY 11, 1978 - Manatee Clerk...1978/01/17  · JANUARY 11, 1978 The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION, in the Courthouse, Bradenton,

JANUARY 17, 1978 Cont'd

77S-33(P&F) - PALMA SOLA HIGHLANDS - APPROVED

Request:Preliminary and final plan review of

single family subdivision on 5 lots located on

the west side of 71st Street W, at llth Ave N.W.

on 2.87 acres.

Planning Commission recommends APPROVAL, with waiver

of sidewalk and recreation requirements.

Motion was made by Mr Fortson that recommendations of the

Planning Commission be approved and appropriate resolution be

adopted. Motion was seconded by Mr Parrish and carried

unanimously.

"RESOLUTION RECORDED

77S-34(P) TALLYESANT SUBDIVISION - APPROVED

Request:Preliminary plan review of single family

subdivision on 31 lots on 9.63 acres, located 1/8

mile east of 75th Street W. on north side of 9th

Avenue, N.W.

Planning Commission recommended APPROVAL, with waiver

of sidewalk and recreation requirements, although there

will be a continuance of a rough grade bicycle path

along 9th Avenue, N.W.

Bill Swann stated that the rough bicycle path will tie in

with the ones in Cimarron Acres and in Catalina Subdivision.

The Highway Department had no objections, subject to stipu-

ZONING

lations:

(1)

(2)

the land situated to the south of Lot 23 and refer¬

red to as "Retention of Open Area" be made part of

one of the lots

the drainage problems be worked out in detail at a

later date.

Motion was made by Mr

mendation be accepted

approving 77S-34(P).

carried unanimously.

Fortson the Planning Commission's recom-

and appropriate resolution be adopted

Motion was seconded by Mr Parrish and

• RESOLUTION RECORDED ZONING

77S-35(P) - SHANNON PARK SUBDIVISION - APPROVED

Request: Preliminary plan review of single family

subdivision of 14 lots on 3.41 acres, located at

3rd Avenue N.W. & 43rd Street, N.W.

Planning Commission recommended APPROVAL.

The Planning Director advised that the Planning Commission

recommended waiver of recreational requirements due to the

small size of the subdivision and waiver of interior side

walks, although there will be a sidewalk along 3rd Avenue.

Motion was made by Mr McClure to approve 77S-35(P) as recom¬

mended by the Planning Department and adopt the appropriate

resolution. Notion was seconded by Mr Parrish and carried

unanimously.

RESOLUTION RECORDED ZONING

77S-36(P) - KIMMICK SUBDIVISION - APPROVED

Request for Preliminary plan review of 15 single

family subdivision on 4.9 acres, located west of

65th Drive E., between 5th St., E and 7th St., E.

Planning Commission recommended APPROVAL, subject

to right of way regarding 5th Street E. being re¬

solved prior to final plat approval, and waiver

of sidewalk and recreational requirements.

Motion was made by Mr McClure to approve 77S-36(P) as recommended

by the Planning Commission and adopt the appropriate resolution.

Motion was seconded by Mr Parrish and carried unanimously.

/. RESOLUTION RECORDED ZONING

^ 1.

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/• 1 fl ^-.-.^

JANUARY 17, 1978 Cont'd

77S-37(P) - BUCKEYE MANOR & OHIO HIDEAWAY - APPROVED

Request for Preliminary plan review of 33 single

family subdivision on 10.1 acres located at the

N.W. corner of 59th Ave., E and 5th Street, E.

Planning Commission recommended APPROVAL, subject

to Highway Department stipulatons and waiver of

sidewalk and recreational requirements.

The Highway Department had no objection to approval, subject

to stipulations:

(1) The Easterly bank of the Little Pittsburg Canal

be graded the same as the canal banks north of

57th Avenue, with slopes not greater than 4:1

(2) The county will be given an easement over the

graded area, plus 25' to the East, for purpose

of maintenance of the drainage

Motion was made by Mr McClure that 77S-37(P) be approved

with stipulations and appropriate resolution adopted. Motion

was seconded by Mr Parrish and carried unanimously.

^RESOLUTION RECORDED

77S-38(P&F) - PATRISON TWO SUBDIVISION - APPROVED "

Request for Preliminary and Final plan review of

3 single family lot subdivision on 0.89 acre, lo¬

cated south of 66th Avenue W. and W. of 5th St. W.

Planning Commission recommended APPROVAL with waiver

of sidewalk and recreation requirements, due to size

of subdivision.

Motion was made by Mr McClure to aprove 77S-38(P&F) as recom¬

mended by the Planning Commission and adopt appropriate reso¬

lution. Motion was seconded by Mr Parrish and carried

unanimously.

ZONING

i/. RESOLUTION RECORDED ZONING

77-T-l/KP) - COLONY COVE PHASE V MHP APPROVED

Request for Preliminary plan approval of Mobilehome

community of 21 mobilehome lots on 4.0 acres north

of Manatee River, west of Colony Cove Phase IV and

east of Colony Marina site.

Planning Commission recommended APPROVAL, subject to

Highway Department proviso and that each lot shown that

has access to existing navigable water, have a private

dock for the use of that lot.

Bill Swann stated that Colony Cove Phase V meets all the re¬

quirements for preliminary plan review, except for resolving

the access to navigable waters and provision being made for

seawalls to control wave and locks action.

Motion was made by Mr Parrish to approve 77-T-1/1(P) and

adopt appropriate resolution. Motion was seconded by Mr

McClure and carried unanimously.

RESOLUTION RECORDED/^ ZONING

RECESS/RECONVENE

The Chairman declared the meeting recessed for one hour for lunch.

1:40 P.M.

The meeting reconvened at 1:40 with all members present except

Mr Fowinkle and Mr Parrish.

LEGISLATION (PROPOSED) - LOCAL GOVERNMENT PROGRAMS (FUNDING)

The County Attorney read a draft of proposed resolution con¬

cerning House Bill 231 (profiled by 1978 Florida Legislation)

a State Law requiring a State funding mechanism be included

in any legislation which directs counties to administer programs

and services that impose financial burden upon the counties.

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JANUARY 17, 1978 Cont'd

Following discussion, adoption was deferred, pending refine¬

ment of the language to endorse the philosophy of the law,

rather than this particular law.

LAWSUIT: MANATEE COUNTY vs BASS, ET AL

The County Attorney submitted a letter from Paul E. Logan,

Attorney of the Law Firm of Goodheart & Logan, dated January

13, 1978, notifying the Board of Mr Logan's willingness

to undertake representation of the County in the lawsuit Re:

Manatee County et al, vs Bass, et al, and outlining his fees.

($50 per hour, plus costs and expenses incurred in connection

with the litigation) Mr Fay recommended the Board accept Mr

Logan's proposal.

Motion was made by Mr McClure that the recommendations of the

County Attorney to employ Paul Logan to continue this par¬

ticular litigation be approved. Motion was seconded by Mr

Parrish and carried unanimously.

PERSONNEL: MANNING LEVELS/MODIFIED

Upon motion by Mr Fortson, seconded by Mr McClure, resolution

was unanimously adopted, approving authorized manning levels

by job classifications, amended to delete Secretary III,

Highway and Engineering Department, as recommended by the

Personnel Director. T-'-^

RESOLUTION RECORDED

CONSOLIDATION SHEETS

The Personnel Director submitted and requested approval of

previously coordinated personnel sheets (New Hires, Salary

Increases, Terminations, Miscellaneous/Travel Authority)

and authorization for the Chairman to sign with the following

additions:

Travel Authority;

F;David J. Even (MCUS) - 1/12/78

2. Layon Robinson, (Manpower Advisory Council)

- to Tampa, Fla.

11/5-9/77

Salary Increases

1. John Lawrence

3. Jessie H. Yawn

2. Alonzo Stephenson

4. Donald Hubbard

Mr Fletcher explained that, through a clerical error, these

four (CETA) Parks and Recreation employees were omitted from

the adjusted payroll when the county cost-of-living increase

was granted in October 1977. He requested they be entered on

the present payroll at the adjusted rate of $3.87 per hour and

reimbursed their lost pay.

Motion was made by Mr Fortson that Personnel Action requests

forms for these four CETA Employees be included in the current

consolidation sheets, and that the Personnel Director and the

County Attorney be authorized to prepare appropriate resolution

to resolve the clerical error in their past pay. Motion was

seconded by Mr McClure and carried unanimously.

TRAVEL - SUNCOAST MANAGEMENT ASSOCIATION

Mr Fletcher requested authorization to attend the Suncoast

Management Association luncheon in Clearwater, Fla, January 18,

1978, at no cost to the county. There was no objection from

the Board.

MANATEE COUNTY SCHOOL BOARD - WORK PROGRAM (CETA)

Mr Fletcher announced as a matter of information that the County

" '1

;'..-. 0

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^A

JANUARY 17, 1978 Cont'd

School Board has arranged a school-work program enabling students

to take full curriculum courses in high school and work two hours

a day through the CETA Program, and that a young man wants to

work with Don Everett in the Maintenance Department.

CONSOLIDATION SHEETS

The Chairman called for a vote on the Consolidation Sheets, and

motion was made by Mr Fortson to approve Consolidation Sheets

as recommended by the Personnel Director. Motion was seconded

by Mr McClure and carried unanimously.

BILLS FOR PAYMENT

Upon motion by Mr Fortson, seconded by Mr McClure, bills

were unanimously approved for payment, as follows;

National Assoc. of Counties (dues) - $1,190.00

Kearney & Mulock 569.90

Smith, Young & Blue, P.A. 1,386.60

Refund: Dennis Christie (plumb, permit) 25.00

Joy M. Courtney (OB clinic) 50.00

BONDS

Motion was made by Mr Parrish to approve acceptance and/or

refund of Bonds as follows:

Sheriff's Department

Additions:

"Carl H. Becker

"Donald P. Hanas

^Marilyn Vollmer

Deletions;•

^Rudolph Allums

""Karen Zawacki

^Ronand Nipper

Public Employees' Blanket Bond

Auto Owners Ins Co. No. 767012-20210325

PT Crime Prevention

Patrolman

PT Criminal Histories

Transportation

Communications

Patrolman

Accept: TOM DANEHY - Cash Bond, $300 (Cashier Check #83365)

Driveway Permits No. 3669 and 3707

JERILYNN R. GOSS - Cash Bond, $200 (Money Order #11170)

Driveway Permit No. 2895

CLYDE ST. LEON Cash Bond, $5,124.50 (Cashier Check #83468)

(paving rear parking lot for Magic Mile

Plaza)

Return: MORGAN JOHNSON ESTATES - Performance Bond $40,111.30

UNIT I (REVISED) (Highway Dept Project D-890)

Motion was seconded by Mr McClure and carried unanimously.

MINUTES - APPROVED

Upon motion by Mr McClure, seconded by Mr Parrish, Minutes of

previous meetings were unanimously approved, as follows:

REGULAR SESSIONS: November 22 & 29; December 6, 1977

SPECIAL SESSIONS: December 1 & 8, 1977.

WARRANTS LIST

Motion was made by Mr Parrish to approve Warrant Lists from

January 10, 1978 to January 17, 1978 and to authorize Warrant

Lists to January 24, 1978, said Warrant Lists to include any

payrolls during that period upon condition that all employees

have performed their services in accordance with time and

payroll practices of the county departments. Motion was seconded

by Mr McClure and carried uanimously.

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JANUARY 17, 1978 Cont'd

SOUTHERN HEALTH FOUNDATION CHECK ACCEPTED

Upon motion by Mr McClure, seconded by Mr Parrish, a check in

the amount of $825.00, from Florida Department of Rehabilitative

Services, representing payment to the County for regional Emergency

Medical Services plan, was unanimously accepted. (Southern Health

Foundation)

CORRESPONDENCE

Correspondence was acknowledged received from:

DeSoto Celebration, Inc. : Requesting receipt of allocated funds,

to defray incurred expenses. Discussed, no action taken.

List of Holidays: The Chairman read into the record a list

of holidays authorized for County employees for 1978.

Memorial Day

Independence Day

Labor Day

Veterans Day

Thanksgiving Day

Christmas

New Year's Day

Monday, May 29

Tuesday, July 4

Monday September 4

Saturday November 11

Observe, Fr-idayy'^November^lO

Thursday, November 23 and

Friday, November 24

Monday, December 25

Monday, January 1, 1979

Dewey Dye, Attorney, bringing to the Board's attention information

derived from a meeting of Florida Environmental Regulation Com¬

mission, December 1, 1977, pertaining to request of Sarasota to

be designated as "Class I" under new Air Quality Rules and im¬

plication this might have concerning Manatee County. Both

Manatee and Sarasota Counties are designated "Class II".

Department of Administration, State Energy Office: Announcing a

Workshop on Community Energy Conservation,to be held in Sarasota on

Friday, January 27th. Following discussion, the Board agreed that

Mr Fowinkle and a representative from Planning and Development

would represent Manatee County at the Workshop.

MANATEE COUNTY BOARD OF ZONING APPEALS MEMBERSHIP

Upon motion by Mr McClure, seconded by Mr Fortson, members of the

Manatee County Board of Zoning Appeals were unanimously reappointed

for a four-year term, ending January 15, 1982.

Kenneth Pfister; Brenda Crossthwait; J. Stanley Whichel

BI-COUNTY COMMISSION ON STATUS OF WOMEN - MARJORIE KINNAN

Upon motion by Mr McClure,seconded by Mr Parrish, Marjorie

Kinnan was unanimously reappointed to the Bi-County Commission

on the Status of Women for a three year term, ending December

31, 1980.

HOLMES BEACH, CITY OF - VOTING MACHINES

Motion was made by Mr McClure to approve the request of the City

of Holmes Beach for the use of four voting machine to be used

in their General Election March 14th, 1978. Motion was sec¬

onded by Mr Parrish and carried unanimously.

PERMIT: (DOCKING FACILITIES)

Upon motion by Mr Parrish, seconded by Mr McClure, Permit No. 7803,

allowing Hardaway Constructors, Inc. to construct temporary docking

facilities at 5605 U.S. 301, Ellenton, was unanimously approved.

PARKS & RECREATION - BRADENTON BEACH, CITY OF

Motion was made by Mr McClure to approve request of City of

Bradenton Beach to use excess fill material (stockpiled on

Coquina Beach) in constuction of the roadway and ramp for the

44-5

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^ f."^ ^ (..5

JANUARY 17, 1978 Cont'd

handicapped at its new Police Administration Building. Motion

was seconded by Mr Parrish and carried unanimously.

COUNTY BUILDINGS - ROOF REPAIRS

Leaking roofs on the old Highway Department Building, housing

the Welfare offices and the Voting Machine storage area were

discussed, with consensus being that the problem was caused by

the roof-mounted air conditioners. Roof repairs on the buildings

at the Agriculture Center will be reconsidered later this month,

after the end of the County Fair.

MEETING ADJOURNED

There being no further businees, the meeting was declared

adjourned.

Attest: APPROVED:

^^p^ r .i^QA^

Clerk ' ChainnaiV