july 18, 1978 - records.manateeclerk.com€¦ · 18/07/1978  · lee turner an'd- anthony...

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JULY 18, 1978 The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Courthouse, Bradenton, Florida, Tuesday, July 18, 1978, at 9:01 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 were David B. Collier, County Administrator E.N. Fay Jr, County Attorney L. Frappier, Deputy Clerk, representing R.B. Shore, Clerk Representing various News Media were: Betty Kohlman, St Petersburg Times; Don Moore, The Islander; Norma Gill, Bradenton Herald and/or other representatives who entered during the meeting. The meeting was called to order by the Chairman. Invocation by Rev. Jim Sibley, Palma Sola Bay Baptist Church. WELFARE (OB) PATIENTS/MEDICAID - PHYSICIANS C.B. Russell, County Welfare Department Director, introduced local O.B. physicians. Doctors Wesley Sutherland, Joseph Newhall, Lee Turner an'd- Anthony Cuva, and explained that they were present to submit their proposal that the County 1) Supplement the State Medicaid Program 2) Increase physicians' clinical (O.B.) fees for indigent patients: (as follows) Regular Pre-natal & Delivery Tubals C-Sections (Caesareans) Walk-ins from $300 to $450 No increase from $200 to $250 from $150 to $300 During the lengthy discussion following the presentation,the physicians defended their proposed fees and outlined problems encountered in administering treatment for indigent OB patients and collections of fees for treatment of Medicaid patients. Dr John Ambrusko, Manatee County Health Department Director, stated that the Health Department is mandated by Law to provide this care; however, Medicaid is a State program and cannot be supplemented by the County. Members of the audience expressing opinions were Diane Stevenson and Mrs J. Newby. There were no objections to that the matter be referred eluding a spokesman for the back to the Board. recommendation by Chairman Driggers to Mr McClure and a committee, in- doctors, for review and recommendation CENTRAL GARDENS SUBDIVISION, VACATION OF STREET Alien Schofield, Attorney for Petitioners George Eben & Mary Jane Albritton and Madge S. Cline, stated that it was in the best interest of all parties concerned to vacate only the north half of the right of way, leaving the entire south half of the right of way as utilities easement. He submitted a proposed resolution, approved by the County Attorney, vacating, closing and disclaiming a portion of 52nd Avenue East (the North half of said right of way), Oneco, Florida. Motion was made by Mr Parrish to adopt the resolution. Motion was seconded by Mr McClure and carried unanimously. -'RESOLUTION RECORDED S5-27 83

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Page 1: JULY 18, 1978 - records.manateeclerk.com€¦ · 18/07/1978  · Lee Turner an'd- Anthony Cuva, and explained that they were present to submit ... recommendation by Chairman Driggers

JULY 18, 1978

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

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

July 18, 1978, at 9:01 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 were

David B. Collier, County Administrator

E.N. Fay Jr, County Attorney

L. Frappier, Deputy Clerk, representing R.B. Shore, Clerk

Representing various News Media were: Betty Kohlman, St Petersburg

Times; Don Moore, The Islander; Norma Gill, Bradenton Herald and/or

other representatives who entered during the meeting.

The meeting was called to order by the Chairman.

Invocation by Rev. Jim Sibley, Palma Sola Bay Baptist Church.

WELFARE (OB) PATIENTS/MEDICAID - PHYSICIANS

C.B. Russell, County Welfare Department Director, introduced

local O.B. physicians. Doctors Wesley Sutherland, Joseph Newhall,

Lee Turner an'd- Anthony Cuva, and explained that they were present

to submit their proposal that the County

1) Supplement the State Medicaid Program

2) Increase physicians' clinical (O.B.) fees for indigent

patients: (as follows)

Regular Pre-natal & Delivery

Tubals

C-Sections (Caesareans)

Walk-ins

from $300 to $450

No increase

from $200 to $250

from $150 to $300

During the lengthy discussion following the presentation,the

physicians defended their proposed fees and outlined problems

encountered in administering treatment for indigent OB patients

and collections of fees for treatment of Medicaid patients.

Dr John Ambrusko, Manatee County Health Department Director,

stated that the Health Department is mandated by Law to provide

this care; however, Medicaid is a State program and cannot be

supplemented by the County.

Members of the audience expressing opinions were Diane Stevenson

and Mrs J. Newby.

There were no objections to

that the matter be referred

eluding a spokesman for the

back to the Board.

recommendation by Chairman Driggers

to Mr McClure and a committee, in-

doctors, for review and recommendation

CENTRAL GARDENS SUBDIVISION, VACATION OF STREET

Alien Schofield, Attorney for Petitioners George Eben & Mary Jane

Albritton and Madge S. Cline, stated that it was in the best

interest of all parties concerned to vacate only the north

half of the right of way, leaving the entire south half of the

right of way as utilities easement. He submitted a proposed

resolution, approved by the County Attorney, vacating, closing

and disclaiming a portion of 52nd Avenue East (the North half

of said right of way), Oneco, Florida.

Motion was made by Mr Parrish to adopt the resolution. Motion

was seconded by Mr McClure and carried unanimously.

-'RESOLUTION RECORDED S5-27

83

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84

JULY 18, 1978 Cont'd

SUPERVISOR OF ELECTIONS VOTING MACHINES

H. Jerome Davis, Supervisor of Elections, advised that certifi¬

cation and request to purchase the Datavote system have been

approved by the Office of the Secretary of State. He requested

the Board authorize contractual arrangement with Diamond International

to purchase and install the system in Manatee County, and stated

that Diamond International has agreed, verbally, to a split-payment

arrangement, with the first one due and -payable in October 1978

and the second in October 1979.

Motion was made by Mr McClure to instruct the County Attorney

to draft the appropriate purchase agreement(s). .- Motion was seconded

by Mr Fowinkle and carried unanimously.

GRANTS DEVELOPMENT DEPARTMENTENT

Regis Chapman, Director, Grants Development Department, submitted

for approval, requests outlined in his letter dated July 18, 1978.

(1) Ceta Title I On-the-Job Training Contracts:

(a) R-163, Newsome.Marble, Inc, to train Synthetic Marble

Specialist, 7/5/78-4/10/79, @ $2,400

(b) R-164, Agricultural Research and Education Center,

to train Agricultural Lab. Tech. Trainee, 7/7/78-7/5/79,

@ $2,932.80

(c) R-165, Cox Chevrolet, Inc., to train Auto Mechanic,

7/11/78-4/16/79, @ $2,880

(d) R-166, A-Accurate Printcrafter, to train Printer-Pressman

7/11/78-3/19/79 @ $1987.20

(e) R-167, Chi's Market, East, to train Meat Cutter, 7/12/78-

7/6/79, @ $1200.00

CONTRACTS RECORDED

(2) On-the-Job Training Non-Financial Agreement, No. A-002,

Manatee.County Utilities System, to train Wastewater

Treatment Plant Operator, 7/10/78-7/6/79, @ $7,072

(3) CETA Title III (HIRE II) Contract No. H-III-01, Cox Chevrolet,

Inc., to train Auto. Mechanic 7/3/78-1/10/79, @ $2,080

CONTRACT RECORDED

(4) Increase Grants Development Department Manning Level by one

Manpower Specialist II to be responsible for operating HIRE II

Grant

(5) Modification No. 802 to CETA Title I Annual Plan No. 12-8-

0165-10 in the amount of $34,332 to incorporate final 1977

carry-over

(6) Authorize Chairman to execute contract with Manatee County

Health Department for previously awarded Anti-Recessionary

Fiscal Assistance award ($12,213) to fund public health

nurse as hospital coordinator in home health program.

(This item was deferred)

(7) Authorization to develop HEW Cooperative Research or

Demonstration Project to be administered by the Grants

Development Department to obtain a planner to coordinate

elderly and handicapped transportation services in

Manatee County

(8) Authorization for Chairman to execute Resolution authorizing

submission of application for LEAA (Part C) Grant proposal

in the amount of $14,678 for the "East Bradenton Community

Assumption of Responsibility for Delinquent Dependents

(C.A.R.D.D.)" to be administered by Manatee County Girls Club.

^RESOLUTION RECORDED S5-28

(9) Authorization for Chairman to execute LEAA Grant application

(Part C) for the project "East Bradenton Community Assump¬

tion of Responsibility for Delinquent Dependents (C.A.R.D.D.)"

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JULY 18, 1978 Cont'd

(10)

(Requested funding $13,210 to be matched. State $734; $734

local Girls Club.)

Authorization for Chairman to execute Resolution authorizing

submission for application for LEAA (Juvenile Justice De¬

linquency Prevention) Grant proposal in the amount of $6,850

for "East Bradenton Community Assumption of Responsibility

for Delinquent Dependents (C.A.R.D.D.)".

RESOLUTION RECORDED S5-29

(11) Authorization for Chairman to execute LEAA Grant application

(Juvenile Justice Delinquency Prevention) for the project

"East Bradenton Community Assumption of Responsibility for

Delinquent Dependents (C.A.R.D.D.)"» (Requested funding $6165.

to be matched State $342; local Girls Club $343.)

Linda Asman and Susan Shore, representing the Girls Club,

were present to answer any questions pertaining to the Girls

Clubs' grants applications, etc.

Motion was made by Mr McClure to approve Items 1 through 11

with the exception of Item 6, and adopt the resolutions. (Author¬

izing the filing of applications for LEAA Grants) Motion was

seconded by Mr Parrish and carried unanimously.

DRAINAGE DITCH - BRADENTON, CITY OF

Mayor A.K. Leach and Councilmen Oscar Blair, Clarence Love and

Paul Ridgdill, City of Bradenton, submitted request for County

participation in funding the completion of a drainage project,

involving a ditch lying along the city/county southern boundary

(26th Avenue, W.) from 16th Street West to 30th Street West.

Mr Blair submitted following facts and figures:

- total cost of the project is $1,028,417;

- that $778,417 in EDA funds was used by the city to complete the

project from 16th Street West to a point between 24th and

25th Street W;

- that $250,000 is needed to complete the project.

(from intersection of the ditch with Wares Creek to

30th Street West).

He further stated that if the entire project could be contracted

prior to the contractor's completion date, approximately 9/30/78,

he felt sure that Woodruff and Sons, (contractor) would honor

the unit prices in their original bid at a considerable saving

over present prices of materials.

Mayor Leach assured the Board that the City would continue to pursue

possibilities of further federal funds.

About fifteen persons in the audience complied with request by

the Chairman to stand to indicate their interest in having the

ditch covered. One person complained about debris in the

ditch and rats and snakes that came from the ditch into his

back yard.

Following lengthy discussion. Chairman Driggers recommended

the request be referred to Commissioner Parrish, Highway Com¬

mittee Chairman, and Commissioner Fortson, Budget Chairman, for

their study and recommendations back to the Board. There were no

objections.

RECESS/RECONVENE

Following a brief recess, the Board reconvened with all members

present.

GUN PERMITS (BOWMAN; GENSLER)

The County Attorney submitted

85

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86

JULY 18, 1978 Cont'd

RESOLUTION LICENSING THE CARRYING OF A CERTAIN PISTOL

granting a license to Henry A. Gensler, Lane 4, Lot 38, Royal

Gardens Estates, Bradenton, Florida, for a period of two years,

and approving surety bond ($100. United States Fire Ins. Co.).

Motion was made by Mr McClure to approve the gun permit and adopt

the resolution. Motion was seconded by Mr Parrish and carried

unanimously.

"RESOLUTION RECORDED S;

The application of Lee Bowman was deferred, pending further

review of his application.

COMPREHENSIVE PLAN DEVELOPMENT

Dave Forkner, Planning and Development Department, made a progress

report on the Schedule and Key Dates of the Comprehensive Plan

Development.

ZONING

Recommendations of the Planning Commission were submitted by

Charles Carrington, Planning Director, and Bill Swan, Planner.

R-898 JESSIE & LAURA BELL MITCHELL AUTO SALVAGE DENIED

Deferred 6/27/78

Planning Commission recommended DENIAL.

Mr Parrish recommended and moved that R-898 be denied. Motion

was seconded by Mr Fortson and carried unanimously.

SE-1108 JESSIE & LAURA BELL MITCHELL - DENIED

Deferred 6/27/78 (Companion request to R-898)

Planning Commission recommended DENIAL.

Motion was made by Mr Parrish that SE-1108 be denied. Motion

was seconded by Mr Fortson and carried unanimously.

SE-1117 FROG CREEK GROVES, INC -BORROW PIT - WITHDRAWN

(Deferred 6/7/78)

The Planning Director referred to a letter from William B.

Kipp, Agent, dated July 17, 1978, requesting that SE-1117

be withdrawn due to concern over adverse traffic conditions

that could arise from operation of a borrow pit.

Motion was made by Mr McClure that the request to withdraw

SE-1117 be approved. Motion was seconded by Mr Parrish and

carried unanimously.

SE-1I27 COMMERCIAL DEV. & INV. CORP.

(Ken Nagel, Agent) Request:

COP - DENIED

Special Exception to permit

sale of beer and wine for consumption on premises at

Dino's Pizza Restaurant on 1.12 acres at 5520 Manatee

Avenue, W.

Planning Commission recommended DENIAL

The Planning Director stated Ray Shannon, Mr McKenny and

John Haight spoke in opposition at the public hearing.

Mr Fortson recommended and moved that SE-1127 be denied. Motion

was seconded by Mr McClure and carried unanimously.

APPROVED R-915 JERRINE L. CAMPBELL - OFFICES_________

~~t^..Frank Konkel, Agent)Request:To change

present zoning from R-1AA to PR district to

permit professional offices on 1.39 acres at

N.E. corner of 26th St W and 52nd Ave Dr. W.

Planning Commission recommended APPROVAL.

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JULY 18, 1978 Cont'd

There were no objections from the Health and Utilities Department

and none from Highway Engineering Department, provided the main

access is off 52nd Avenue Drive West.

Mr Konkel, who was present to answer any questions, said the

petitioner was agreeable to the access stipulation.

Motion was made by Mr Portson to approve R-915 as recommended,

to include stipulation by Highway Department, and adopt the

appropriate resolution. Motion was seconded by Mr McClure and

carried unanimously.

RESOLUTION RECORDED

R-917 PALM LAKE ESTATES LTD - PARK MANAGEMENT - APPROVED

Request: To change present zoning from T-l to R-1A

on 0.45 acre at 808 53rd Avenue E. to permit two

single family homes.

Planning Commission recommended APPROVAL.

Mr Fowinkle recommended and moved that R-917 be approved (by

adoption of appropriate resolution). Motion was seconded by

Mr McClure and carried unanimously.

"RESOLUTION RECORDED

SE-1128 SAM J. HAYDEN - REAL ESTATE OFF. - APPROVED

Request: Special Exception to permit home occupation

for real estate office on 0.32 acre at 524 15th Ave

Drive E., Palmetto

Planning Commission recommended APPROVAL.

The Planning Director stated that the petitioner had requested

five years, plus five years extension at administrative dis¬

cretion of the Planning Director.

Motion was made by Mr Parrish to approve SE-1128 for five

years with five years extension at discretion of Planning

Director. Motion was seconded by Mr McClure and carried

unanimously.

^"SE-1129 PANSY MARSHALL - BEAUTY SHOP - APPROVED

Request: Special Exception to permit home occu¬

pation for beauty shop on 0.92 acre at 2209 51st

Blvd E.

Planning Commission recommended APPROVAL for five

years, with additional five years extension at ad¬

ministrative discretion of Planning Director.

The Planning Director pointed out that a home occupation

for a beauty shop requires waiver of Section VI, Paragraph 33(L)

of County Zoning Ordinances and recommended that if approval

is granted, the motion should include such waiver.

Ms Marshall and her Attorney, Alien Schofield, were present and

in response to query from Mr McClure advised that the shop would

consist of only one station (chair).

Chairman Driggers, in whose district the property is located,

recommended that the request be approved for five years, plus

an additional five years with waiver as recommended by the

Planning Director .

Motion was made by Mr McClure to approve SE-1129 as recommended.

Motion was seconded by Mr Parrish and carried unanimously.

SE-1130 VAN SCHAACK/RUTH PARKS - PLASTIC SALES - APPROVED

(Hardin-Lowry Realty Co., Agent)

Request: Special Exception to permit retail sale of

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88

JULY 18, 1978 Cont'd

plastic mulch to farmers, and maintenance of equipment,

on 1.6 acres south of intersection of US 41 and Bayshore

Road.

Planning Commission recommended APPROVAL.

Mr Van Schaack and.Mr Weislacher, purchaser of the property, were

present and explained that the plastic mulch actually consisted

of plastic sheets used by tomato and strawberry growers to pre¬

vent weeds and retain moisture around the plants.

The Planning Director stated that no time limit on the special

exception was requested and none stipulated by the Planning

Commission.

Motion was made by Mr McClure to approve SE-1130.

seconded by Mr Parrish and carried unanimously.

Motion was

78-S-14(P&F) QUAIL WALK SUB DIVISION - APPROVED

Request: Preliminary and final plat approval of

7 single family lots subdivision on 8.89 acres

at the east end of Linger Lodge Road.

Planning Commission recommended APPROVAL with

waiver.of sidewalks, recreational requirements

and fire protection system.

The Highway Department recommended dedication of additional

17 feet along Linger Lodge Road in the form of right of way

or drainage easement to allow future construction of Linger

Lodge.Road in accordance with County Graphic Standards Rural

Typical Section.

Motion was made by Mr Mr McClure to approve 78-S-14(P&F) as

recommended. Motion was seconded by Mr Parrish and carried

unanimously.

-WUSEMOVING PERMIT (JOHNSON)

Mr Carrington submitted application from Lewis Johnson, Owner

for R.E. Johnson to move a building from corner of 4th

Ave and 15th St E. to 2320 21st St Ct E., Palmetto

and explained that the building had been moved about a year

ago without a moving permit, noting that since the Highway and

Engineering Department had inspected the route over which the

house had been moved and found no apparent damages to any public

or private properties, approval was recommended.

The County Attorney advised there were no legal provision for

levying a fine for the violation (moving without a permit).

Mr Parrish requested action be deferred one week to allow him

to look into the matter. There were no objections.

CHRISTIAN RETREAT CONFERENCE GROUNDS

The Planning Director made reference to request by the developers

to change the plan for "Christian Retreat Conference Grounds" to

allow construction of an eleven-story high-rise apartment complex

in lieu of a series of low-rise single/multi-family dwellings

around a circle of land under the existing special exception

(SE-732), instead of applying for a zoning change.

Following discussion, it was the concensus of opinion that there

were no objections to the developers making application to

amend the existing Special Exception to allow the high-rise

building as the final stage in this development project.

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JULY 18, 1978 Cont'd

SHADOWBROOK MOBILEHOME SUBDIVISION

Mr Fay advised that he had reviewed and approved the Title Search

on Shadowbrook Mobilehome Subdivision (approved by the Board

in a previous meeting on 7/6/78, subject to the approval of the

Title Search by the County Attorney).

CREEKWOOD GOLF COURSE (SE-947)

In response to query from Ralph Nelson, on behalf of Creekwood

Investors Ltd., as to whether an extension of time could be

granted on SE-947, Creekwood Golf Course, which expired April

26, 1978, the County Attorney advised that an "expiration" cannot

be extended; therefore, application for a new Special Exception

will be necessary.

BEKER PHOSPHATE CORP. FINANCIAL RESPONSIBILITY STATEMENT

In response to request by John Harllee, Attorney, for extension of

time for Beker Phosphate Corporation to furnish financial respon¬

sibility (ref: Resolution adopted 2/28/78; extensions on 3/28/78

and 5/23/78) motion was made by Mr Parrish to grant the extension

until ninety (90) days prior to the actual commencement of mining

operations, and authorize the County Attorney to draft a resolution

confirming this action, to be adopted at the next regular meeting.

Motion was seconded by Mr Fortson and carried unanimously.

PHILLIPS PETROLEUM CORPORATION

In reference to cancellation of the work session with Phillips

Petroleum Corp. (ref. DRI-7, SE-842) July 7, 1978, the Planning

Director advised that he would contact the principals involved

and initiate a work session some time the following week.

RECESS

The Chairman declared the meeting recessed until 1:30 P.M.

1:34 P.M.

The meeting was reconvened at 1:34 p.m. with all members present.

RAILROAD CROSSINGS (SIGNALIZATION)

In connection with the 1978-79 Railroad-Highway Grade Crossing

Signal Improvement Program, Bob Pierro, County Highway and

Engineering Department, submitted following crossings which

qualify for the program:

17th Street, Palmetto

Piney Point Road

Piney Point Road

Piney Point Road

Tallevast Road

(Crossing No.

(Crossing No.

(Crossing No.

(Crossing No.

(Crossing No.

624728)

624748)

624749)

624745)

624669)

E.L. Dougherty, Director, recommended commitment from the Board

to participate in this program and to accept the project. Mr

Pierro stated this is necessary in order to be included in the

State budget.

Capital outlay for the crossings, estimated at $163,000, will

come from State and Federal funds; the County will be responsible

for fifty percent (50%) of the annual maintenance only, which

will average from $300 to $500 per crossing per year.

Motion was made by Mr Fortson to approve the recommendations of

the Highway Department. Motion was seconded by Mr McClure and

carried unanimously.

COUNTY EMPLOYEE (HARTLEBEN) - SICK LEAVE

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

sick leave (440 hours) was unanimously granted Mrs Ina L.

Hartleben, Highway Department, under Section I.I. (2)(e) of Manatee

County Personnel Policy, Rules and Procedures.

89

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90

JULY 18, 1978 Cont'd

'DESOTO LAKES COUNTRY CLUB, UNIT I, SECT. E

Recommendation by the Director of Highway/Engineering on

acceptance of streets and drainage improvements in DeSoto

Lakes Country Club, Unit I, Section E, Subdivision, was

deferred until final plat is approved.

PURCHASING DEPARTMENT

William Mullon, Purchasing Director, submitted recommendations

of the Purchasing Department outlined in his letter of July 18,

1978.

LIBRARY SYSTEM

A.I Air Conditioning (Bid No. 78-69)

a. Award to lowest responsible bidders -

Palmetto Branch: to Air-Rite Inc., $6,906

So. County Branch: to Delesline Refrigeration, $9,500

A.2 Compactor

a. Procure from Compactor, Inc, for $2,955

The Purchasing Director explained that no bids were received

in response to the advertisement for the Compactor; that the

Manufacturer was contacted and the quote of $2,955 was submitted

by Compactor, Inc, and he recommended acceptance.

Motion was made by Mr Fowinkle to approve the items as outlined

by the Purchasing Director. Motion was seconded by Mr Parrish

and carried unanimously.

MULLON, WILLIAM S. - CERTIFIED PURCHASING MANAGER

Chairman Driggers read letter from F.J. Winters, Executive

Vice-President, National Association of Purchasing Management,

Inc., advising that the Association has designated and certified

Mr Mullon as a Certified Purchasing Manager.

21ST AVE W./51ST STREET W. - RIGHT OF WAY SETTLEMENT

In connection with acquisition of a small parcel of right of way

for the intersection of 21st Avenue W and 51st Street W., motion

was made by Mr Fowinkle to authorize Bob Moon, Right of Way Agent,

to proceed with purchase of the property from Mrs Joyce

Kushmer at $325. Motion was seconded by Mr Fortson and carried

unanimously.

In response to Mr McClure's question as to whether he should

file a conflict of interest form because Mrs Kushmer is his

cousin, the County Attorney advised it was not necessary.

-EMERGENCY MEDICAL SERVICE: TOWER SITE

Mr Moon advised that negotiations are proceeding in connection

with acquisition of the Henderson property for the EMS tower

site, and documents will be submitted for the Board's consid¬

eration on the following Thursday.

GUN PERMIT (BOWMAN)

The County Attorney stated that he had reviewed Lee Bowman's

application for a gun permit and, due to improper identification

of the gun, and no power of attorney on the bond, he recommended

the resolution be referred to the Clerk's office for research

and clarification. There were no objections.

COUNTY ADMINISTRATOR - EMPLOYMENT CONTRACT

The County Attorney submitted County Administrator Employment

Agreement, duly executed by David B. Collier and the County.

Motion was made by Mr Fortson that the Agreement be accepted.

Motion was seconded by Mr Fowinkle and carried unanimously.

AGREEMENT RECORDED S5-

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JULY 18, 1978 Cont'd

LIBRARY BUILDING - RELEASE OF CLAIMS (DAMAGE)

In connection with damage to the Central Library Building,

caused by a "falling air conditioning duct" the County

Attorney submitted a Release of All Claims, releasing C.P.M.

P'lumbing & Mechanical, Inc. and Gulf Insurance Group from

this particular claim on May 14, 1978. He recommended the

Chairman be authorized to execute the Release and accept a

check in the amount of $5,333.50 as full and final compromise

settlement of claims arising from this accident, payable to the

Board of County Commissioners and the County Library, as their

interest may appear, to be tendered upon execution of the Release.

Motion was made by Mr Fowinkle to approve the recommendations of

the County Attorney. Motion was seconded by Mr Parrish and

carried unanimously.

Commissioner Fowinkle, Insurance Chairman, explained that the

settlement of this claim is solely to indemnify the County of

the damage done (to the Library, furnishing, etc) when the duct

fell, and in no way affects the duct work, etc.

LIBRARY: CERTIFICATE OF OCCUPANCY

The County Attorney advised that, in response to comments in

recent newspaper articles about use of the Library Building

without a Certificate of Occupancy, he has written a letter

to the Board explaining why no Certificate of Occupancy is

necessary.

WALCAID BUILDING: LEASE/ADDENDUM

The County Attorney submitted Lease executed by Robert G. Blalock,

individually, and as Trustee of the Walcaid Building, whereby

the County leases all of the second floor of the Walcaid Building,

located at the corner of 6th Avenue West and llth Street West,

Bradenton, Florida, for a period of thirty-six (36) months from

July 17, 1978, at $5.15 per square foot; together with an

Addendum to paragraph 3 of the Walcaid Building Lease, pertaining

to installation of an elevator.

Motion was made by Mr Fortson to approve and authorize the Chairman

to execute the Lease and the Addendum. Motion was seconded by

Mr Fowinkle and carried unanimously.

"RECORDED S5-32

In compliance with Florida Statutes, Section 286.23, the County

Attorney submitted, and recommended the Board accept Affidavit

by Robert G. Blalock, disclosing names and address of

all persons having a beneficial interest in and to the

Walcaid Building, as follows:

Robert G. Blalock, 802 llth St., W., Bradenton

Dan S. Blalock Jr, 1111 8th Ave W., Bradenton

Edward Heveran, 1732 Santa Barbara Dr, Dunedin, Fla 33528.

Motion was made by Mr Fowinkle to accept the document for the

Record. Motion was seconded by Mr Fortson and carried unanimously.

INSURANCE: WORKMEN COMPENSATION CLAIM (MAY)

The County Attorney referred to letter from Law Offices of

Mann & Fay dated July 17, 1978,

Re: Daniel May

Claim No. 00178-77

Date of Accident: July 19, 1977

and recommended the Board approve tentative lump sum settlement

of this claim in the amount of $2,865.80, plus $400 attorney's

fee to Employee May's lawyer.

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92

JULY 18, 1978 Cont'd

Motion was made by Mr Fortson that the recommendation be approved.

Motion was seconded by Mr Fowinkle and carried unanimously.

ASHLAND-WARREN, INC - PERFORMANCE BOND

The County Attorney referred to the bond ($86,030.52, Ins.

of North America, Surety) in connection with award of street

re-surfacing contract (Proj. #1404) to Ashland-Warren, Inc.

on 6 July 1978, subject to approval by the County Attorney,

and stated that said bond is in good legal form.

S5

RECLAMATION BOND - SE-1118 (CLARK)

The County Attorney announced that the Reclamation Bond ($31,000,

Service Ins. Co., Surety) in connection with SE-1118, for Walter W.

and Betty M. dark, is in good legal form.

SPECIAL IMPROVEMENT ASSESSMENT LIENS/RELEASE

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

unanimously approved Partial Release of Special Improvement As¬

sessment Liens as follows:

Project No. 292, Item 16

Project No. 358, Item 430

Project No. 676, Item 07

Project No. 667, Item 30

Project 528, Item 09

AGRICULTURAL EXTENSION SERVICE - TELECOMMUNICATIONS SERVICE AGREEMENT

In connection with proposed Telecommunications Service Agreement

for the Agriculture Extension Service, the County Attorney was

authorized to contact the Telephone Company for clarification

of the Agreement, and submit to the Board the following Thursday.

POUTRE ENTERPRISES, INC - MANAGEMENT TRAINING

The County Attorney referred to action by the Board on July 6th,

employing Poutre Enterprises Inc to provide management training

for County employees during a certain period and letter from

Mr Poutre confirming the dates of July 18,19,24,25,26,27,

28, 1978.

BUDGET AMENDMENTS (VARIOUS)

Upon motion by Mr Fortson, seconded by Mr Fowinkle, resolutions

were unanimously adopted, authorizing amendment of current

budget to provide for receipt and appropriation of unanticipated

revenue as follows:

1) Increase Revenue:

2)

Health & Rehabilitative Services #3

Increase Expenditure:

Transfer to General Funds

Increase Revenue:

$ 3,800.00

^RESOLUTION RECORDED

Transfer to General Funds

Increase Expenditure:

EMS Equipment, HRS Grant #3 $ 3,800.00

RESOLUTION RECORDED

and by Item to Item transfer as follows:

3) YOUTH SERVICES

From: Regular & Part time Salaries/Wages, FICA

Taxes, Retirement and Postage

To: Health Ins., Education, Office/Operating

Supplies, Books, Records, Telephones,

Print/Binding, Subscriptions,

Memberships, Equipment $ 1,476.00

"RESOLUTION RECORDED

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JULY 18, 1978 Cont'd

WATER SYSTEM CONSTRUCTION TRUST FUND

Payment of $13,000from the $1.8M Bond Anticipation Note was

deferrred to the following Tuesday, pending clarification.

SALES AND USE TAX REPORTS

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

unanimously approved and authorized the Chairman to execute .

Sales and Use Tax Reports as follows:

Board of County Commissioners, Quarter Ending 6/30/78 - 0

County Golf Course, Quarter Ending 6/30/78 - $1,021.72

BONDS

Motion was made by Mr Parrish to approve bonds and bond

refunds as follows:

DRIVEWAY PERMITS

Refund; Tony Spivey #.4568 - $250

Accept: James P. Shafer # 4270 - $200

Accept: Robert Walton # 4253 - $250

Motion was seconded by Mr Fowinkle and carried unanimously.

BILLS FOR PAYMENT

Upon motion by Mr Fortson, seconded by Mr Fowinkle, following

bills were unanimously approved for payment:

Refunds: Betmar Cooling & Heating Inc.

(H.A.R.V. Permit) $ 14.00

Coastal Mechanical Contractors

(H.A.R.V. Permit) 24.00

Blue Shield of Florida (Boutte) 161.20

Manatee Memorial Hospital 60.00

Baran, Stoutamyer & Gimenez 89.00

Lehman, Foley, Schermer, Med. Exams. 3,079.75

Marcus A. Myers 10.00

Sam Cornwell, Tax Collector (Commissions) 15,511.56

W.G. Mills, Inc., (59th St Drainage -

Project #8028, application #2) 70,889.58

Refunds on two Building Permits at $523.00 each to Ray Klomparens

(for Bidgs #1 & 2, Morton Village) were referred to Mr Fowinkle

for research and recommendation.

CORRESPONDENCE/REPORTS

Correspondence or Reports were acknowledged from:

1. R.B. SHORE, Clerk of Circuit Court, Re: Tentative 1978-79

Budget - Work Session tentatively set on Monday, July 24, 1978.

2. COMMISSIONER FOWINKLE, reported that the audit of the Garbage

Disposal firms is ready - Work Session scheduled Monday, July

24, 1978, 1:30 p.m.

3. SO. FLORIDA MUSEUM/BISHOP PLANETARIUM, proposed Proclamation

declaring the Month of September 1978 "Hurricane Preparedness

Month"

HURRICANE PREPAREDNESS MONTH

Motion was made by Mr Parrish to accept Proclamation proposed by

South Florida Museum/Bishop Planetarium declaring September 1978

as Hurricane Preparedness Month. Motion was seconded by Mr McClure

and carried unanimously.

4. CHARLES CARRINGTON, Planning Director, Re: Capital Improvements

Projects Review Committee - Referred to David B. Collier, County

Administrator for consideration and recommendations.

93

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JULY 18, 1978 Cont'd

5. HIGHWAY/ENGINEERING DEPT., Re: Reclassification of Thorough¬

fares (Arterial Streets) Program - Referred to County Ad¬

ministrator to review and set Work Session, if necessary.

6. 0. E. RANDLE, Pollution Control Director, Re: Pollution

Control attorney attending Environmental Regulations Control

hearings on Florida Power and Light Co. fuel.

POLLUTION CONTROL FLORIDA POWER & LIGHT CO.

Upon motion by Mr Fortson, seconded by Mr Fowinkle, Ed Mullock

Attorney for Pollution Control Department, was unanimously

authorized to attend and represent Manatee County at Environ¬

mental Regulations Control hearings in connection with sulfur

content of fuel burned by Florida Power and Light Company.

7. U.S. CORPS OF ENGINEERS, Re: Proposed Agreement on Beach

Erosion Control. Referred to County Attorney for review

and recommendation. Work Session to be set with the Corps

and three Island communities.

8. PLANNING COMMISSION, Replying to Petition submitted by

Richard Gremleyfrom area residents requesting Palma Sola

Blvd be reclassified in Major Thoroughfare Plan - Referred

to County Administrator.

?. MANATEE JUNIOR COLLEGE, Requesting Proclamation to celebrate

20th anniversary - Referred to County Administrator for ac¬

knowledgement to the College and preparation of Proclamation

10. ARCHIE POWELL, Property Appraiser, announced that Property

Valuation Notices will be mailed around August 1, 1978, and

dates for Tax Adjust Board hearings will be announced at the

Board of County Commissioners meeting next week.

WARRANT LISTS

Motion was made by Mr Parrish to approve Warrant Lists from

July 6, 1978 to July 18, 1978, and to authorize Warrant Lists

to July 25, 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 unanimously.

MEETING ADJOURNED

There being no further business, the meeting was declared

adjourned.

Attest: APPROVED:

Clerk

o5^ <J\ U^^i^

Chairma/ f