258 august 27, 1981 - manatee clerk · august 27, 1981 cont'd amount expected to be received...

14
258 AUGUST 27, 1981 The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Courthouse, Bradenton, Florida, Thursday, August 27, 1981 at 9:05 a.m. Present were Commissioners: Patricia M. Glass, Chairman Vernon E. Vickers, Vice-Chairman Claude E. McGavic Westwood H. Fletcher, Jr. Edward W. Chance Also present were: E. N. Fay, Jr., County Attorney David EL. Cpll-ier, County Administrator Richard~H. Ashley, Chief Deputy Clerk, representing R. B. Shore, Clerk of Circuit Court Representing the various news media were Jud Magrin, The Sarasota Herald-Tribune; Kevin Bezner, The Bradenton Herald; and others who entered during the meeting. ^.:> , yS I " {; S^ Invocation by ^Clarfde E. McGavic. The meeti-ng_was cabled to order by Chairman Glass. TERMINATIONS PROPOSED:." COUNTY ADMINISTRATOR, ATTORNEY, PLANNING DIRECTOR Mr. Fletcher recommended termination of services of Al Cogan, Director, Planning & Development Department, and restructuring of that department; termination of services of D. B. Collier, County Administrator; and termination of services of Mann & Fay, as County Attorney. There were no objections to deferring action until later in the meeting. PITTSBURGH PARK - STREET VACATION (SKEET) A public hearing was held for the purpose of considering 81-V-4 application of Viola Skeet for vacation of a portion of Citrus Street as per plat of Pittsburgh Park (Plat Book 5,' page 14). Tom Gallen, Attorney for the applicant, addressed the question of this vacation land-locking adjacent property owned by Mrs. Enod Sams and advised that the driveway to her house is on a street that is already vacated. He submitted for review a detailed survey of the street vacation. Mrs. Enod Sams, 203 57th Avenue East, stated she had no knowledge of the road being vacated. The Chairman stated the public hearing would be continued until Tuesday, September 1, 1981, in order that the Board could review a detailed map of the property in question. Bruce Siciliano, Planning and Development, advised he would clarify the survey provided by Mr. Gallen. REVENUE SHARING FISCAL YEAR ENDED 1982 Public Hearing was held for the purpose of obtaining comments on the proposed uses of Revenue Sharing Funds in the budget for Fiscal Year 1982 (as advertised in the Bradenton Herald August 16, 1981). Bob Fernandez, Assistant County Administrator, submitted recommendations for the proposed uses of Federal Revenue Sharing, as outlined in memorandum, dated August 24, 1981, from the County Administrator: Unappropriated Funds in Local Trust - $ 50,560 Proposed Use: Sheriff's Dept. Deputy Salaries

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Page 1: 258 AUGUST 27, 1981 - Manatee Clerk · AUGUST 27, 1981 Cont'd Amount Expected to be Received during the Upcoming Fiscal Year - 1,511,477 Proposed Use: Transit Operating Deficit 700,854

258

AUGUST 27, 1981

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

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

August 27, 1981 at 9:05 a.m.

Present were Commissioners:

Patricia M. Glass, Chairman

Vernon E. Vickers, Vice-Chairman

Claude E. McGavic

Westwood H. Fletcher, Jr.

Edward W. Chance

Also present were:

E. N. Fay, Jr., County Attorney

David EL. Cpll-ier, County Administrator

Richard~H. Ashley, Chief Deputy Clerk, representing

R. B. Shore, Clerk of Circuit Court

Representing the various news media were Jud Magrin, The Sarasota

Herald-Tribune; Kevin Bezner, The Bradenton Herald; and others who

entered during the meeting.

^.:> , yS I " {;

S^

Invocation by ^Clarfde E. McGavic.

The meeti-ng_was cabled to order by Chairman Glass.

TERMINATIONS PROPOSED:." COUNTY ADMINISTRATOR, ATTORNEY, PLANNING DIRECTOR

Mr. Fletcher recommended termination of services of Al Cogan,

Director, Planning & Development Department, and restructuring of

that department; termination of services of D. B. Collier, County

Administrator; and termination of services of Mann & Fay, as County

Attorney. There were no objections to deferring action until later

in the meeting.

PITTSBURGH PARK - STREET VACATION (SKEET)

A public hearing was held for the purpose of considering 81-V-4

application of Viola Skeet for vacation of a portion of Citrus

Street as per plat of Pittsburgh Park (Plat Book 5,' page 14).

Tom Gallen, Attorney for the applicant, addressed the question of

this vacation land-locking adjacent property owned by Mrs. Enod Sams

and advised that the driveway to her house is on a street that is

already vacated. He submitted for review a detailed survey of the

street vacation.

Mrs. Enod Sams, 203 57th Avenue East, stated she had no knowledge

of the road being vacated.

The Chairman stated the public hearing would be continued until

Tuesday, September 1, 1981, in order that the Board could review

a detailed map of the property in question. Bruce Siciliano,

Planning and Development, advised he would clarify the survey

provided by Mr. Gallen.

REVENUE SHARING FISCAL YEAR ENDED 1982

Public Hearing was held for the purpose of obtaining comments on

the proposed uses of Revenue Sharing Funds in the budget for Fiscal

Year 1982 (as advertised in the Bradenton Herald August 16, 1981).

Bob Fernandez, Assistant County Administrator, submitted

recommendations for the proposed uses of Federal Revenue Sharing,

as outlined in memorandum, dated August 24, 1981, from the County

Administrator:

Unappropriated Funds in Local Trust - $ 50,560

Proposed Use: Sheriff's Dept. Deputy Salaries

Page 2: 258 AUGUST 27, 1981 - Manatee Clerk · AUGUST 27, 1981 Cont'd Amount Expected to be Received during the Upcoming Fiscal Year - 1,511,477 Proposed Use: Transit Operating Deficit 700,854

AUGUST 27, 1981 Cont'd

Amount Expected to be Received during the Upcoming

Fiscal Year - 1,511,477

Proposed Use:

Transit Operating Deficit 700,854

Sheriff's Dept. Deputy Salaries 810,623

Discussion followed regarding using the funds for operating and

capital purposes, non-recurring expenses, utilizing the ad

valorem tax base, and cutting existing programs.

Dick Blankenship, Palma Sola Park, commented need for public

acquaintance with uses and consideration by the Board to public

input.

The Chairman stated the public hearing would be continued to

Tuesday, September 1, 1981.

BAY RIVER POINTE CONDOMINIUM

Bruce Siciliano, Chief, Current Planning Division, provided the

Board with his memorandum dated August 26, 1981, and gave a status

report on Bay River Pointe Condominium, P&D File No. SP-81-1. He

advised that the project is proceeding normally and complies with

regulations.

John McDonald, President of Homeowners Association on Snead Island,

referred to a map indicating only 2.75 acres are zoned R3-B instead

of the 3 acres required in order for the developer to build the

planned 48 units, and pointed out that a public hearing is required

since part of the property is not properly zoned.

Upon question, the County Attorney advised that the Department of

Environmental Regulations (DER) made a preliminary determination

that the project meets requirements for a sewage treatment plant

and issued a Notice of Intent to Issue Permit; however, at the

request of 0. E. Randle, Pollution Control Director, DER withheld

issuing the permit pending resolution of questions involved in the

County's Flood Control Ordinance.

The Chairman announced that discussion of this item would be

continued to Tuesday, September 1, 1981.

ZONING

The Chairman declared the public hearings open for the purpose of

considering applications for Zoning Atlas Amendments.

Bruce Siciliano, Planning & Development Department, submitted

recommendations of the Planning Commission.

Z-81-16 BARBARA JEAN RIO -C- APPROVED

Request: To change the present zoning from R-2 to -C- to permit

a beauty salon on .25 acre located at 603 - 38th St. W.

Planning Commission recommended DENIAL.

Manatee County Ordinance No. Z-81-16 is

AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA, AMENDING THE

OFFICIAL ZONING ATLAS OF MANATEE COUNTY ORDINANCE NO. 81-4,

THE MANATEE COUNTY COMPREHENSIVE ZONING AND LAND DEVELOPMENT

CODE, RELATING TO ZONING WITHIN THE UNINCORPORATED AREA OF

MANATEE COUNTY; PROVIDING FOR THE REZONING OF CERTAIN LAND FROM

R-2 (ONE AND TWO FAMILY DWELLING DISTRICT) TO -C- (NEIGHBORHOOD

COMMERICAL DISTRICT); PROVIDING AN EFFECTIVE DATE.

Barbara Jean Rio, applicant, was available to answer any questions.

The Public Hearing on Ordinance No. Z-81-16 was concluded.

^

Mr. McGavic moved to adopt Manatee County Ordinance No. Z-81-16. •?"•'• •

Motion was seconded by Mr. Chance and carried unanimously. /^-., ^., RECORD ORDINANCE u :; ../

259

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260

AUGUST 27, 1981 Cont'd

Z-81-17 WALTER W. & MARJORIE L. COUNCIL - AF/R-1A - APPROVED

(Formerly R-81-19)Request:To change the present zoningfrom

AF/A-1 to R-1A to permit a single family residential develop¬

ment on approximately 13.29 acres located on the south side

of Palm View Road (300 feet east of U.S. 41).

Planning Commission recommended APPROVAL to AF/R-1A.

Manatee County Ordinance No. Z-81-17 is

AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA, AMENDING THE

OFFICIAL ZONING ATLAS OF MANATEE COUNTY ORDINANCE NO. 81-4,

THE MANATEE COUNTY COMPREHENSIVE ZONING AND LAND DEVELOPMENT

CODE, RELATING TO ZONING WITHIN THE UNINCORPORATED AREA OF

MANATEE COUNTY; PROVIDING FOR THE REZONING OF CERTAIN LAND FROM

AF/R-2 (AGRICULTURAL FRINGE/ONE AND TWO FAMILY DWELLING

DISTRICT) TO AF/R-1A (AGRICULTURAL FRINGE DISTRICT)7 PROVIDING

AN EFFECTIVE DATE.

Robert Boylston, Attorney for the applicants, was available to

answer any questions and showed a map of the site.

At the request of Mr. McGavic, consideration was also given to:

Z-81-18 WALTER W. AND MARJORIE L. COUNCIL - C-1 - APPROVED

(Formerly R-81-22) Request: To change the present zoning from

AF/R-2 to C-l district to permit commercial development on

approximately 1.19 acres located on the south side of Palm View

Road (300 feet east of U.S. 41).

Planning Commission recommended DENIAL.

Manatee County Ordinance No. Z-81-18 is

AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA, AMENDING THE

OFFICIAL ZONING ATLAS OF MANATEE COUNTY ORDINANCE NO. 81-4,

THE MANATEE COUNTY COMPREHENSIVE ZONING AND LAND DEVELOPMENT

CODE, RELATING TO ZONING WITHIN THE UNINCORPORATED AREA OF

MANATEE COUNTY; PROVIDING FOR THE REZONING OF CERTAIN LAND FROM

AF/R-2 (AGRICULTURAL FRINGE/ONE AND TWO FAMILY DWELLING

DISTRICT) TO AF/C-1 (AGRICULTURAL FRINGE/GENERAL COMMERCIAL

DISTRICT); PROVIDING AN EFFECTIVE DATE.

Mr. Boylston advised that the proposed use of this property is a

farm supply -store.

Discussion followed regarding the legal description of the property

and increasing the depth of the commercial development.

This concluded the public hearings on Manatee County Ordinances No.

Z-81-17 and No. Z-81-18.

RECESS/RECONVENE

After a brief recess, the Board reconvened with all members present.

Mr. McGavic moved to adopt Ordinance Z-81-17. Motion was seconded

by Mr. Chance and carried unanimously. ./risa^A^ A..<^.

RECORD ORDINANCE ^ >. .x- ^ ,. .'. - ——————————————— '

. •" "z^^

Mr. McGavic moved to adopt Ordinance Z-81-18. Motion was seconded u/

by Mr. Vickers. Voting "Aye" were Commissioners McGavic, Vickers,

Fletcher and Chance. Voting "No" was Chairman Glass. Motion

carried.

RECORD ORDINANCE ———————————————^-^

Z-81-4 WARREN & ARTHILLA SWEETMAN - R-1A - APPROVED

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

permit construction of an additional single family residence

on approximately 1 acre located at 2305 - 49th St. E.

(Experimental Farm Road).

Planning Commission recommended APPROVAL.

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AUGUST 27, 1981 Cont'd

Manatee County Ordinance No. Z-81-4 is

AN ORDINANCE OF THE COUNTY OF MANATEE. FLORIDA, AMENDING THE

OFFICIAL ZONING ATLAS OF MANATEE COUNTY ORDINANCE NO. 81-4,

THE MANATEE COUNTY COMPREHENSIVE ZONING AND LAND DEVELOPMENT

CODE, RELATING TO ZONING WITHIN THE UNINCORPORATED AREA OF

MANATEE COUNTY; PROVIDING FOR THE REZONING OF CERTAIN LAND FROM

A-l (SUBURBAN AGRICULTURAL DISTRICT) TO R-1A (ONE FAMILY

DWELLING DISTRICT); PROVIDING AN EFFECTIVE DATE.

Warren Sweetman, applicant, was available to answer any questions.

Speaking in opposition to Z-81-4 were Ken DeCoff, 2131 49th Street,

East, and Mrs. Cleo Hudson, 24th Avenue East.

This concluded the public hearing on Ordinance No. Z-81-4.

Mr. McGavic moved to adopt Ordinance Z-81-4. Motion was seconded

by Mr. Chance. Voting "Aye" were Ccmmissioners McGavic, Chance and

Vickers. Voting "No" were Commissioners Fletcher and Glass. Motion

carried.

RECORD ORDINANCE

J" :

Z-81-7 DENNIS & LOIS ENSLEY & WILMA PLOEGSTRA-R-3A-APPROVED

Request:To changethe presentzoningfromR-2toR-3 B to

permit the construction of 12 multi-family units on 1.5 acres

located at 4812 - 5th St. W.

Planning Commission recommended APPROVAL to R-3A.

Manatee County Ordinance No. Z-81-7 is

AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA, AMENDING THE

OFFICIAL ZONING ATLAS OF MANATEE COUNTY ORDINANCE NO. 81-4,

THE MANATEE COUNTY COMPREHENSIVE ZONING AND LAND DEVELOPMENT

CODE, RELATING TO ZONING WITHIN THE UNINCORPORATED AREA OF

MANATEE COUNTY; PROVIDING FOR THE REZONING OF CERTAIN LAND PROM

R-2 (ONE AND TWO FAMILY DWELLING DISTRICT) TO R-3A (MULTI-

FAMILY RESIDENTIAL DISTRICT); PROVIDING AN EFFECTIVE DATE.

Tom McCollough, Vice President of Zoller, Najaar Engineering,

representing the applicants, advised they had no objection to the

recommended R-3A zoning.

This concluded the public hearing on Ordinance No. Z-81-7.

Mr. Chance moved to adopt Manatee County Ordinance No. Z-81-7.

Motion was seconded by Mr. McGavic and carried unanimously.

RECORD ORDINANCE

Z-81-30 HERMAN BRAMEISTER -C- APPROVED ^

Request:Tochangethe presentzoningfrom -A- to -C- to

permit commercial development on 2.80 acres located 1/2 mile

east of Zipperer Road on north side of State Road 64.

Planning Commission recommended APPROVAL.

Manatee County Ordinance No. Z-81-30 is

AN ORDINANCE OF THE COUNTY OF MANATEE. FLORIDA, AMENDING THE

OFFICIAL ZONING ATLAS OF MANATEE COUNTY ORDINANCE NO. 81-4,

THE MANATEE COUNTY COMPREHENSIVE ZONING AND LAND DEVELOPMENT

CODE, RELATING TO ZONING WITHIN THE UNINCORPORATED AREA OF

MANATEE COUNTY; PROVIDING FOR THE REZONING OF CERTAIN LAND FROM

-A- (GENERAL AGRICULTURAL DISTRICT) TO -C- (NEIGHBORHOOD

COMMERCIAL DISTRICT); PROVIDING AN EFFECTIVE DATE.

Bill Roberts, Agent for Mr. Brameister, was available to answer any

questions.

Mr. Siciliano submitted a letter from Loretta and Ronald Heede in

favor of Z-81-30.

261

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262

AUGUST 27, 1981 Cont'd

Mr. Vickers stated he is one of the adjoining property owners and

had no objection to the rezone.

This concluded the public hearing on Ordinance Z-81-30.

Mr. Vickers moved to adopt Manatee County Ordinance Z-81-30. Motion

was seconded by Mr. Chance and carried unanimously.

RECORD ORDINANCE

-? -, i

Z-81-32 ANTHONY & CAROL CAMINITE -PR- APPROVED

Request: To change the present zoning from R-2 to -PR- on

.45 acre located at 5105 26th St. W.

Planning Commission recommended APPROVAL.

Manatee County Ordinance Z-81-32 is

AN ORDINANCE OF THE COUNTY OF MANATEE. FLORIDA, AMENDING THE

OFFICIAL ZONING ATLAS OF MANATEE COUNTY ORDINANCE NO. 81-4,

THE MANATEE COUNTY COMPREHENSIVE ZONING AND LAND DEVELOPMENT

CODE, RELATING TO ZONING WITHIN THE UNINCORPORATED AREA OF

MANATEE COUNTY; PROVIDING FOR THE REZONING OF CERTAIN LAND FROM

R-2 (ONE AND TWO FAMILY DWELLING DISTRICT) TO PR (PROFESSIONAL

OFFICE DISTRICT); PROVIDING AN EFFECTIVE DATE.

Anthony Caminite, applicant, was available to answer any questions.

This concluded the public hearing on Ordinance No. Z-81-32.

Mr. Fletcher moved to adopt Manatee County Ordinance No. Z-81-32.

Motion was seconded by Mr. McGavic and carried unanimously.

RECORD ORDINANCE .

Z-81-19 W. E. KIRCHOFF - PDR - DEFERRED ' ^

Request:To change the present zoning from R-1A to PDR to

permit development of 80 multi-family condominium units on

18.4 acres located at north end of 129th St. W. at confluence

of Anna Maria Sound & Palma Sola Bay, Cortez.

Planning Commission recommended APPROVAL of the Conceptual Plan

with waiver of Article 3, Section 203F, Paragraph 3,

Dimensional (Bulk) Regulations and adoption of Z-81-19.

PDR-81-2 MARINER'S COVE - PLANNED RESIDENTIAL PLAN - DEFERRED

Request:PreliminaryPlannedResidentialPlanapprovalzoned

R-1A for 78 units located at North terminus of 129th St. W.,

immediately north of the Marker 50 Marina.

Planning Commission recommended APPROVAL with waiver of the

Dimensional (Bulk) Regulations and subject to the following

stipulations:

1. The hydrants on 1st Street near 129th Street West will have

to be repositioned and another hydrant added to meet

spacing requirements.

2. If the existing lift stations require upgrading to provide

sewer service to the project, it shall be done at the

developer's expense.

3. The additional water line to be extended from Cortez Road

in order to provide adequate flows for the project will

be expanded at the developer's expense.

4. 129th Street West must be built to County standards from

the end of County maintained roadway to the entrance.

5. The intersection of 127th Street West Cortez Road must be

improved to eliminate the grade and sight distance

problems.

6. A right-of-way must be provided from the north end of 129th

Street to 128th Street West (2nd Avenue West).

Page 6: 258 AUGUST 27, 1981 - Manatee Clerk · AUGUST 27, 1981 Cont'd Amount Expected to be Received during the Upcoming Fiscal Year - 1,511,477 Proposed Use: Transit Operating Deficit 700,854

AUGUST 27, 1981 Cont'd

Manatee County Ordinance No. Z-81-19 is

AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA, AMENDING THE

OFFICIAL ZONING ATLAS OF MANATEE COUNTY ORDINANCE NO. 81-4,

THE MANATEE COUNTY COMPREHENSIVE ZONING AND LAND DEVELOPMENT

CODE, RELATING TO ZONING WITHIN THE UNINCORPORATED AREA OF

MANATEE COUNTY; PROVIDING FOR THE REZONING OF CERTAIN LAND FROM

R-1A (ONE FAMILY DWELLING DISTRICT) TO PDR (PLANNED DEVELOPMENT

RESIDENTIAL DISTRICT), IN ACCORDANCE WITH THE APPROVED

CONCEPTUAL PLAN; PROVIDING AN EFFECTIVE DATE.

Tom McCollough, Zoller & Najaar Engineering, Engineer of record,

made a presentation on the proposed project. He advised they agreed

to finish paving 129th Street West and that impact on the small

bridge leading to the property is acceptable with the Highway

Department.

The County Attorney noted the facts that could be considered with

the Board's decision on Mariner's Cove are

=Marker 50 project, which is immediately south of Mariner's

Cove, has a contract pending for certain road improvements 7

=that there is a dispute about the building permit issuance

and ownership of a certain parcel of land.

Speaking in favor of the project were Mike Furen, John Ibasfalean,

and R. E. Lowry.

Rick Jannett offered no objection to this project; however, he spoke

in opposition to the Marker 50 project.

Dick Blankenship, Palma Sola Park, expressed concern about the

Marker 50 project.

The Chairman stated that Marker 50 project would be placed on the

agenda for Tuesday, September 1, 1981.

Dan Zoller, Zoller and Najjar Engineering, emphasized that the

developer is willing to do whatever is required to improve the road

out to the State Road and participate in the cost of any bridge to

the site.

Mr. Fletcher requested that action be deferred until such time as

matters pertaining to the Marker 50 project are resolved, and moved

for deferral (on Z-81-19 and PDR-81-2). Motion was seconded by Mr.

McGavic and carried unanimously.

RECESS/RECONVENE

The Chairman declared the meeting recessed until 1:30 p.m.

The Board reconvened at 1:35 p.m. with all members present.

SP-81-3 JEFF L. & JANICE M. PEARSON - M/H - APPROVED

Request: Special Permit to allow a mobile home for a period

of ten (10) years on approximately 5 acres zoned -A- located

1/4 mile east of Ft. Hamer Road, 1/4 mile south of U.S. 301.

Planning Commission recommended APPROVAL for a period of ten

(10) years.

Jeff Pearson, applicant, was available to answer any questions.

Mr. Chance moved to approve Special Permit SP-81-3 subject to the

condition set forth by the Planning Commission. Motion was seconded

by Mr. Fletcher and carried unanimously.

RECORD ; • / -

SP-81-17 A. L. & EVELYN MOODY - CHURCH APPROVED

Request: Special Permit to allow construction of a church and

related facilities on 2.30 acres at 3412 53rd Ave. E. (SR 70)

Planning Commission recommended APPROVAL.

263

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264

AUGUST 27, 1981 Con-t' d

Walter B. Ries, Jr., Architect representing the Westside Church of

Christ, was available to answer any questions.

Carol Clarke, Planning and Development Department, submitted a

letter dated August 7, 1981, from the Diocese of St. Petersburg,

in favor of the special permit.

Motion was made by Mr. Vickers to approve Special Permit SP-81-17.

Motion was seconded by Mr. Fletcher and carried unanimously.

RECORD 2^,.^, —————

..

SP-81-18 AMENDMENT - PEACE RIVER ELECTRIC - APPROVED

Request: Special permit amendment to allow a storage and

supply yard as a light utility use, and a new office as an

accessory service use on 4 acres zoned A-l located on Erie Road

approximately 4/10 mile east of Ellenton-Gillette Road.

Planning Commission recommended APPROVAL.

Paul Smooth, agent for Peace River Electric, was available to answer

any questions.

Motion was made by Mr. McGavic, seconded by Mr. Fletcher, to approve

Special Permit No. SP-81-18. Motion carried unanimously.

RECORD -^,^y

SP-81-22 CLARICE STULTZ - GROUP CARE HOME - APPROVED

Request: Special Permit to allow a Group Care Home (to house

19 residents, including one resident staff) on 30,000 sq. ft.

zoned A-l located at 920 66th St. E.

Planning Commission recommended APPROVAL for a period of ten

(10) years plus an additional ten (10) years to be granted at

the administrative discretion of the Planning Director; subject

to the five stipulations of staff, which are

1. The facility shall serve a maximum of nine (9) residents

including one (1) resident staff.

2. Upon completion of an additional full bathroom facility

and inspection by the Health Department, the Special Permit

include a total of thirteen (13) residents which includes

one (1) staff resident.

3. Only upon the completion of an additional full bathroom

and half-bathroom facility, and the expansion of interior

living space to a minimum of 3,800 square feet, can the

Special Permit accommodate the requested nineteen (19)

2. Upon completion of an additional full bathroom facility

4. Off-street parking shall be required at a ratio of one (1)

space for every three residents other than staff, and one

(1) space for every non-related staff member, or a minimum

total number of ten (10) parking spaces.

5. Non-compliance with the above stipulations shall act to

nullify this Special Permit.

John Green, 1605 10th Avenue West, Palmetto, Agent, reported that

it is necessary for the owner to remove one resident until such time

as an additional bathroom is completed. Since the bathroom is under

construction and scheduled for completion within 30 days, he

requested a special exception to allow the resident to remain.

Mr. Vickers moved to approve Special Permit No. SP-81-22 subject

to the conditions set forth by the Planning Ccmrnission. Motion was

seconded by Mr. Fletcher and carried unanimously.

RECORD ^,^ ,

1'. ' <•'

Carol Clarke said she would discuss Mr. Green's request with the

Enforcement Department.

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AUGUST 27, 1981 Cont'd

80-S-34 CHRISTY LEE'S SUBDIVISION (REPEAT OF SWAN LAKE

SUBDIVISION) - F/PLAT - DEFERRED____________________

Request:Preliminary Subdivision Plat approvalfor 22 lots

on 6.2 acres zoned R-1B located at. the northeast corner of

Ellenton-Gillette Road and Erie Road.

Planning Commission recommended APPROVAL with waiver of

sidewalk and recreation requirements and with the stipulation

that adequate fire protection devices per The Land Development

Code and Fire District Regulations be provided.

Ralph Nelson, R. E. Nelson Inc., pointed out that the request before

the Board is for Final Plat approval.

Action was deferred until Tuesday, September 1, 1981, to afford Ms.

dark an opportunity to review the final documentation.

81-S-12 BAY POINTE SUBDIVISION - P/PLAT - APPROVED

Request: Preliminary Subdivision Plat Approval for 6 lots on

7.93 acres zoned R-2 located on the west side of Palmetto Point

Subdivision at 42nd St. Ct. W.

Planning Commission recommended APPROVAL with a waiver of

sidewalk and recreation requirements and with the following

stipulations:

1. Viola Road is designated as 42nd Street Court West. This

number shall be used to designate the subject street on

the construction drawings and on the final plat.

2. The developer shall be required to construct a water

distribution system which shall be dedicated to the

County.

3. The developer shall be required to have an individual site

survey completed on each lot by the Manatee County Health

Department prior to final plat approval.

4. The developer shall be required to provide a drainage

easement over the ditch which runs along the southern

boundary of the subdivision plus twenty-five (25) feet of

ground on either side of the length of the project for the

maintenance of said ditch.

Ralph Nelson, R. E. Nelson, Inc., speaking for Calvin Courtney,

reported they have no problem with the stipulations as outlined.

Mr. McGavic moved for approval of Preliminary Subdivision Plan No.

81-S-12, Bay Point Subdivision, subject to the waivers and

stipulations set forth by the Planning Commission. Motion was

seconded by Mr. Chance and carried unanimously.

RECORD

81-S-16 BAY PLACE SUBDIVISION - P/PLAT - APPROVED

Request: Preliminary Subdivision Plat approval for 11 lots

on approximately 8.84 acres zoned R-1AB and A-l on the west

side of Palmetto Point Subdivision at 41st St. W.

Planning Commission recommended APPROVAL with a waiver of

sidewalk and recreation requirements and with stipulations.

1. The proposed right-of-way shall be designated as 41st Street

West on the construction drawings and on the final plat.

2. The developer shall be required to construct a water

distribution system which shall be dedicated to Manatee

County.

3. The developer shall be required to have an individual site

survey completed on each lot by the Manatee County Health

Department prior to final plat approval.

4. The developer shall be required to provide a twenty-five

(25) foot drainage easement along the north boundary of the

proposed subdivision for maintenance of the existing ditch.

5. If determined necessary by the Transportation Department,

the developer shall be required to place a pipe under the

project's entrance to maintain existing drainage.

2G5

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2GG

AUGUST 27, 1981 Cont'd

Ralph Nelson, R. E. Nelson, Inc., stated they agreed with all

stipulations outlined by the Planning Commission.

Mr. McGavic moved for approval of Preliminary Subdivision Plan No.

81-S-16, Bay Place Subdivision, subject to the waivers and

conditions set forth by the Planning Commission. Motion was

seconded by Mr. Chance and carried unanimously.

RECORD -7/-, ;

/ /

81-S-17 LAKE TERRACE SUBDIVISION - P/PLAT - DEFERRED

Request: Preliminary Subdivision Plat approval of 9 lots on

approximately 2.3 acres zoned R-2 located northwesterly of 47th

Avenue West and 27th Street West.

Planning Commission recommended APPROVAL with the following

stipulations and conditions:

1. The proposed street for the subdivision shall be named 46th

Avenue Drive West on the construction drawings and the

final plat.

2. An off-site drainage easement shall be provided for

positive outfall prior to the approval of construction

drawings.

John Patterson, 4611 27th Street West, spoke in opposition to the

density of the proposed subdivision and the unpaved portion of 27th

Street West to 47th Avenue West.

Discussion followed regarding paving the road and whether or not a

non-conforming lot would be created on property adjacent to the

proposed subdivision.

There were no objections to request by Mr. Pletcher to defer action

until September 1, 1981.

PDR 81-3 PALMA SOLA MEADOWS - P/PLAN - APPROVED

Request: Preliminary Planned Development Plan for 112 units

on 13.14 acres zoned PDR located east of and adjacent to Palma

Sola Blvd., north of and adjacent to Palma Sola Park.

Planning Commission recommended APPROVAL with a waiver of

Article 3, Section 203F, Paragraph 3 of Ordinance No. 81-4,

Dimensional (Bulk) Regulations for the northernmost building

of the project and subject to the following conditions:

1. No sign plan has been provided, consequently, no signs

shall be permitted other than project signs noted in note

No. 21 on the plan. The location and approximate size of

these signs shall be shown on the final PDR Plan.

2. Easements for the lift station shall be required on the

final PDR plan.

3. A parking lot landscaping plan shall be required. Also

the mass of parking lot paving shall be broken up with

interior landscaped plans.

4. An interior pedestrian circulation system shall be

provided.

5. A drainage plan for the entire project shall be submitted

and approved.

6. All drainage ways carrying County roadway drainage shall

require an easement.

7. A temporary turn around shall be required between phases

one (1) and two ( 2).

8. Palma Sola Blvd. shall be reconstructed for the project

frontage.

9. The required sidewalk along Palma Sola Blvd. shall be five

(5) feet wide.

Ralph E. Nelson, R. E. Nelson Inc., reported they have no objections

to the the stipulations as outlined.

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AUGUST 27, 1981 Cont'd

Mr. Fle-tcher moved to approve Preliminary Planned Development

Residential Plan No. PDR-81-3, Palma Sola Meadows, subject to the

waivers and conditions set forth by the Planning Commission. Motion

was seconded by Mr. McGavic and carried unanimously.

RECORD -, ^.'

6 l

75-S-8 MANATEE PALMS, UNIT 6 - F/PLAT - APPROVED

Request: Final Subdivision Plat Approval for 33 lots on

approximately 6.96 acres zoned R-l located 5 miles east of

Bradenton, north side Hwy. 64.

Planning Department recommended APPROVAL.

George Smith, Developer, was available to answer any questions.

Mr. Vickers moved to approve Final Subdivision Plat No. 75-S-8,

Manatee Palms, Unit 6, and approve and accept Performance

Security (Letter of Credit, First National Bank of Florida,

$2,200.00) Subdivision Agreement. (Topps Construction, Inc., as

developer) and Defect Security (Letter of Credit, First National

Bank of Florida^$7,263.25).Motion was seconded by Mr. Fletcher

and carried unanimously.

RECORD AGREEMENT S31-410

78-S-25 DeSEAR MANOR, UNIT III - F/PLAT - APPROVED

Request: Final Subdivision Plat Approval for 10 lots on 2.75

acres zoned R-2 located at 500 Block of 12th St. E.

Planning Department recommended APPROVAL.

Michael Rauls, Attorney, was available to answer any questions.

Motion was made by Mr. McGavic to approve Final Subdivision Plat

No. 78-S-25, DeSear Manor, Unit III, and approve and accept the

Performance Security (Surety, Westside National Bank, $11,830.50)

and Subdivision Agreement (Bud Boschert and Wayne Ruppall, as

subdivider). Motion was seconded by Mr. Vickers and carried

unanimously.

RECORD AGREEMENT S31-411

RECORD S31-412

80-S-7 LAKEVIEW SUBDIVISION - F/PLAT - APPROVED

Request:Final Subdivision Plat Approvalfor 4 Duplex lots

on 1.7 acres zoned R-2 located at 31st St. W., south of 49th

Ave . Dr. W.

Planning Department recommended APPROVAL.

Motion was made by Mr. Fletcher to approve Final Subdivision Plat

No. 80-S-7, Lakeview Subdivision and approve and accept the Defect

Security (Cash Bond deposit in escrow $1,875.50) for Arro, Inc.,

as developers). Motion was seconded by Mr. McGavic and carried

unanimously.

RECORD

80-S-42 OAKMONT SUBDIVISION - F/PLAT - APPROVED

Request: Final Subdivision Plat Approval for 40 lots on

approximately 15 acres zoned R-1B located North/Northeast of

the intersection of 51st Ave. E and 33rd St. E.

Planning Department recommended APPROVAL.

Mr. Vickers moved to approve Final Subdivision Plat No. 80-S-42,

Oakmont Subdivision, and approve and accept the Defect Security

(Letter of Credit, Gulf Coast National Bank, $13,444.86) on behalf

of J. V. Mosby, Ralph Vitale and Salvatore Porceddu, as developers.

Motion was seconded by Mr. Fletcher and carried unanimously.

RECORD „ ———.—. i. - i—— ^ 0 '

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AUGUST 27, 1981 Cont' d

R-80-75 SHEEHAN, MARIANI, SALZER, GERNAZIAN - P/PLANNED

RESIDENTIAL PLAN EXTENSION - APPROVED

Request: Preliminary Planned Residential Plan Extension

approval on approximately 1.090 acres located south of Old

Tampa Road and west of Fort Hamer Road.

Planning Department recommended APPROVAL.

for approval

Club Planned

Mr. Chance moved to approve a one (1) year extension

of the preliminary plan for River Wilderness Country____

Development Residential. Motion was seconded by Mr. McGavic and

carried unanimously.

R-80-73 W.

EXTENSION •

T. PARSLEY

• APPROVED

P/PLANNED RESIDENTIAL PLAN

Request: Preliminary Planned Residential Plan Extension

approval on approximately 28 acres located approximately 2

miles east of S.R. 83 (Ellenton-Gillette Road) south of

Seaboard Coastline Railroad right-of-way, west of Erie Road.

Planning Department recommended APPROVAL.

Mr. Chance moved to approve a one (1) year extension for approval

of the preliminary plan for Woodlawn Lakes Planned Development

Residential. Motion was seconded by Mr. McGavic and carried

unanimously.

LOT CLEARINGS

Public hearings were held to consider lot clearing petitions as

follows:

LC-1439 Joe Frymire alleging that property owned by Mrs.

Floyd M Rollins has not been cleared in accordance

with requirements of Chapter 69-1284, Laws of

Florida, Special Acts of 1969.

Dave Fulford, Enforcement Officer, Planning and Development

Department, submitted photographs as substantiating evidence for

Lot Clearing petitions.

There was no public comment.

Upon motion by Mr. McGavic, seconded by Mr. Fletcher, a resolution

was adopted determining that the property owner had not complied

with lot clearing law and demanding that corrective action be taken

with regard to clearing the land. Motion carried unanimously.

RECORD RESOLUTION S31-413

LC-1449 A. W. Buffington alleging that property owned by

Surfon of Florida has not been cleared in accordance

with requirements of Chapter 69-1284, Laws of

Florida, Special Acts of 1969.

There was no public comment.

Upon motion by Mr Fletcher, seconded by Mr McGavic, a resolution

was adopted determining that the property owner had not complied

with lot clearing law and demanding that corrective action be taken

with regard to clearing the land. Motion carried unanimously.

RECORD RESOLUTION 831-41^

LC-1450 Gertrude Thomas

Douglas has not

requirements of

Special Acts of

There was no public comment.

alleging that property owned by Dan

been cleared in accordance with

Chapter 69-1284, Laws of Florida,

1969.

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AUGUST 27, 1981 Cont ' d

Upon motion by Mr McGavic, seconded by Mr. Vickers, a resolution

was adopted determining that the property owner had not complied

with lot clearing law and demanding that corrective action be taken

with regard to clearing the land. Motion carried unanimously.

RECORD RESOLUTION S31-415

LC-1452 Helen M. Smith alleging that property owned by Myrtle

Schroeder has not been cleared in accordance with

requirements of Chapter 69-1284, Laws of Florida,

Special Acts of 1969.

There was no public comment.

Upon motion by Mr McGavic, seconded by Mr Vickers, a resolution

was adopted determining that the property owner had not complied

with lot clearing law and demanding that corrective action be taken

with regard to clearing the land. Motion carried unanimously.

RECORD RESOLUTION S31-416

9TH STREET COURT EAST: OFF-STREET PARKING

The Chairman relayed complaints from Robert Thum, 4900 block of 9th

Street Court East, that a semi-travel trailer was being parked

partially on his property.

Mr. Fulford advised he would investigate the situation and see that

the existing code is enforced.

GARDINER, WILLIAM (SEXTON RESPONSIBILITIES FOR COUNTY CEMETERIES)

As outlined in his memorandum dated August 26, 1981, the County

Administrator recommended that sexton responsibilities for county

cemeteries be placed within the Department of Human Services. Due

to the fact that organizational changes have eliminated the need

for supplemental duties at Animal Control and County cemeteries,

previously carried out by William Gardiner, he recommended that Mr.

Gardiner be notified of the intent of the Board of County

Commissioners to terminate the Supplemental Employment Contract with

him.

Mr. Fletcher moved that the County Administrator be instructed to

contact Mr. Gardiner, notify him that the Board intends to terminate

the contract in accordance with the terms thereof, and authorize

the Chairman to sign the letter dated August 26, 1981 (to Mr.

Gardiner advising him of the Board's intent). Motion was seconded

by Mr. Vickers and carried unanimously.

PLANNING AND DEVELOPMENT DEPARTMENT; REORGANIZATION

The County Administrator reported that the number of complaints

regarding the Planning and Development Department have increased

in the past several weeks and that he has been working closely with

Al Cogan, Director, in an attempt to resolve the problems.

He recommended that:

= Licensing and Permitting and Code Enforcement functions be

separated into a Department of Licensing and Inspections

and Al Cogan be redesignated as the Director of Licensing

and Inspections.

= Planning functions of the current Planning and Development

Department remain as the Planning Department.

= An active recruiting effort be initiated to find a

qualified, competent planning administrator to operate the

Planning Department and that Kathy Snell, Director of Human

Services, be designated Acting Director.

He advised that it will require formal action by the Board if it

concurs with the restructuring of the Department.

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AUGUST 27, 1981 Cont'd

No action was taken on recommendation by Mr. Fletcher that

reorganizing or restructuring of the Planning and Development

Department be a matter of discussion between the County

Administrator and the Planning and Development Advisory Board.

PLANNING AND DEVELOPMENT DEPARTMENT; DIRECTOR (A. COGAN)

Mr. Fletcher moved to direct the County Administrator to terminate

Al Cogan as Director of the Planning and Development Department.

Motion was seconded by Mr. McGavic.

Motion was made by Mr. Chance, and seconded by Mr. Vickers, to

table the preceding motion. Voting "Aye" were Commissioners Chance, v

Vickers, and Glass. Voting "No" were Commissioners Fletcher and

McGavic. Motion carried.

COUNTY ADMINISTRATOR (D. B. COLLIER)/COUNTY ATTORNEY (MANN & FAY)

Mr.Fletcher expressed his opinion that it would be in the best

interests of the County to terminate the services of D. B. Collier,

County Administrator, effective February 1982, giving him an

opportunity to relocate and giving the County an opportunity to

review applicants. He reported that he also felt that the

contracted services with the firm of Mann and Fay should be

terminated.

Discussion was held regarding having a Job Performance Evaluation

form completed for Mr. Collier and discussing those forms at a work

session prior to requesting action by the Board.

Mr. Collier commented that no evaluation of his performance has ever

been completed by citizens of the community or by all Commissioners.

Since the Board and staff are intensely involved in preparing the

1981-82 budget, he suggested the evaluation of his performance and

the role of County Administrator be deferred until such time as the

budget process is completed. There were no objections to deferring

action until early October.

RECESS/RECONVENE

After a brief recess, the Board reconvened with all members present.

PUBLIC SAFETY COMPLEX: CERTIFICATE OF INSURANCE

Motion was made by Mr. Fletcher, seconded by Mr. McGavic, to accept

a Certificate of Insurance, effective August 25, 1981, from

Insurance Company of North America for Manatee Board of County

Commissioners and Hobbs Construction & Development Inc., on

construction of Manatee County Public Safety Complex, Sheriff's

Office, Jail and Parking Deck. Motion carried unanimously.

CABLE VIDEO COMMUNICATIONS, INC. - TV FRANCHISE

Mr. McGavic moved to approve, ratify, and confirm the scheduling

(and publication of notice caused by Mary Greenwood, Assistant

County Attorney) of a public hearing on September 8, 1981, to

consider the request of Cable Video Communications, Inc., for a TV

Franchise. Motion was seconded by Mr. Vickers and carried

unanimously.

RAILROAD CROSSING - STATE ROAD 70

The County Attorney reported that the Florida Department of

Transportation has acknowledged the dangerous Railroad Crossing on

State Road 70 and agrees to cause emergency patching and repairs

to temporarily correct the situation and to immediately post signs.

Funds have been budgeted for permanent repairs in approximately 10

months.

26TH AVENUE EAST

The County Attorney reported that a review of the problem regarding

the Railroad Crossing on 26th Avenue East points out that it is a

County road and a County Signal Maintenance Agreement exists with

the Railroad Company. He advised that improvements can be made by

the Highway Division of the Transportation Department if funds are

allocated for this purpose.

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AUGUST 27, 1981 Con-t' d

Motion was made by Mr. Vickers to have a budget amendment resolution

prepared for the Highway Department to repair the Railroad Crossing

on 26th Avenue East. Motion was seconded by Mr. Chance and carried

unanimously.

BUDGET, FISCAL YEAR 1981-82, MILLAGE CERTIFICATION

Upon report by the County Administra<§)bor that the Property Appraiser

needs a ^ date, location and time for a public hearing to consider

the 1981-82 Fiscal Year Budget, it was determined that such public

hearing would be held on Monday, September 28, 1981, at 6:00 p.m.,

at Beall Auditorium, 14th Street.

Bob Fernandez, Assistant County Administrator, reviewed the previous

year's millage rate and amount of the tax roll compared with the

proposed millage rate and tax roll. He distributed a copy of

memorandum from the County Administrator dated August 24, 1981

outlining recommendations for the proposed uses of Federal Revenue

Sharing. Discussion followed regarding the proposed budget and

setting the millage rate.

Avery Gould, 9907 Spoonville Road East, suggested the Board review

all areas requiring funds and divide the monies based on need.

Motion was made by Mr. McGavic to set the millage rate at 8.5 mills

(for the purpose of TRIM "Truth in Millage" notices mandated by the

State). Motion was seconded by Mr. Fletcher and carried

unanimously.

Motion was made by Mr. Vickers to authorize the Chairman to submit

appropriate Certification of Taxable Value to the Property Appraiser

indicating the date, time, and location of the meeting and

indicating the millage rate. Motion was seconded by Mr. Chance and

carried unanimously.

Motion was made by Mr. McGavic that staff be authorized to advertise

the proposed use of revenue sharing as outlined in the August 24,

1981 memorandum (from the County Administrator). Motion was

seconded by Mr. Vickers and carried unanimously.

George Pappus questioned whether the Manatee Memorial Hospital and

Health Care would be handled separately in the budget.

MEETING ADJOURNED

There being no further business, the meeting was declared

adjourned.

Attest: .. APPROVED:

:- Clerk*

Adj: 5:15 p.m.

271