april 2. 1991 the board of county commissioners, manatee … · april 2. 1991 (cont'd)...

APRIL 2. 1991

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

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

Bradenton, Florida, Tuesday, April 2, 1991, at 9:04 a.m.

Present were Commissioners

Patricia M. Glass, Chairman

Kathy A. Snell, First Vice-chairman

Kent G. Chetlain, Second Vice-chairman

Lari Ann Harris, Third Vice-chairman

Maxine M. Hooper

Absent were:

Edward W. Chance, due to illness

Joe McClash, vacation

Also present were:

August V. Ellis, County Administrator

H. Hamilton Rice, Jr., County Attorney

Susan G. French, Deputy Clerk, representing

R. B. Shore, Clerk of Circuit Court

Representatives of the various news media were present.

Invocation by Rev. Lewis George, Central Christian Church.

The meeting was called to order by Chairman Glass.

All witnesses/staff giving testimony were duly sworn.

AGENDA DELETIONS

Upon request by August Ellis, County Administrator, continuance was

granted to Thursday, April 4, 1991, for Resolution R-91-46, regarding

Rubonia water service.

ROAD GANG - TRANSFER OF INMATES

Sheriff Charles Wells requested authorization to transfer 48 Road Gang

inmates from Port Manatee Stockade to the Work Release Facility on 57th

Avenue. This will allow the transfer of 48 inmates from the jail to the

Stockade. The purpose for this request is (1) the Sheriff was again

cited for jail overcrowding, and (2) it will increase Work Release to 88

inmates.

He stated an additional 24 beds would be needed at the Work Release

Facility, estimated at $2,000. Additional toilets would also be

required. He requested this be referred to staff to examine and approve

the figures. He advised that there will be no increase in staffing.

Mrs. Hooper moved to approve the Sheriff's request (to authorize staff

to help the Sheriff effectuate the transfer of inmates to Work Release) . Motion was seconded by Mr. Chetlain and carried 5 to 0.

LAW ENFORCEMENT TRUST FUND

The Sheriff requested authorization to expend $86,922.02 from the Law

Enforcement Trust Fund as follows:

Upgrade/Expand the Physical Assessment

Training Facility $ 4,227.00

Purchase of & Training on Gas Chromatograph/Mass

Spectrometer - To Enhance Crime Prevention 82,695.02

Michael Healy, Chemist with the Sheriff's Office, reviewed the use of

the Gas Chromatograph/Mass Spectrometer.

Motion was made by Ms. Snell, and seconded by Mr. Chetlain, to authorize

the Sheriff's Office to spend $86,922.02 from the Law Enforcement Trust

Fund. Motion carried 5 to 0.

CONSENT AGENDA

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

Agenda, dated April 2, 1991, was approved 5 to 0. Items APPROVED:

QB5

366

APRIL 2. 1991 (Cont'd)

DEEDS & EASEMENTS

1. 53rd Avenue West & 20th Street West - Warranty Deeds (2) , Temporary

Construction Easements (2) , and Affidavits (2) from Merle W. & Emma

B. Fleming for intersection improvements.

2. 63rd Avenue East (Saunders Road) - Right-of-Way Easement and

Affidavit from James A. Derespino and William C. Walker, d/b/a Jim-

Cam Enterprises for right-of-way required for future expansion;

Joinder from Acres of Auto Parts, Inc.

3. Riverview Boulevard Northwest from 70th Street NW to 61st Street

NW - Pedestrian Sidewalk Easements (5) and Affidavits (5) from

Donald J. & Joanne W. Jenkins. Roy T. & Anna L. Smith, Thelma June

Miller. Shirley A. May Williams, and John E. & Betty T. Frank for

sidewalk construction; Joinders (4) from Home Savings of America,

Crossland Savings, First Federal S&L Assoc. of Fla., and Goldome

Savings Bank.

4. Anna Maria Island - Beach Restoration Easements (6) from Carmen 0. .

A. Fernando & Gladys G. Torres, Caroline K. Boyer, Holmes Brothers.

Inc.. Sylvia Gantz. Pelican Perch Condominium Assoc.. Inc.. and

Beach House Resort Condominium Corp. for beach renourishment.

MEMPHIS AND CANAL ROADS

Contracts for Purchase of Warranty Deeds for right-of-way from

Lillie Mae Tolson $1,280 S40-1117

Richard J. Porter & William E. Porter 125 S40-1118

Glenna Gillard 125 RECORD SW-1119

AFFIDAVIT FOR ACCESS

Frank and Margaret Alexander, 6811 Burns Road, Terra Ceia.

COMMERCE BOULEVARD NORTH - UNIVERSITY PARK OF COMMERCE

1. Adoption of Resolution

R-91-47 A RESOLUTION OF MANATEE COUNTY, FLORIDA,

AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS TO ENTER

INTO AN EXCHANGE OF REAL PROPERTY

with University Park of Commerce, Inc.

RECORD S40-1120

2. Execution of Deeds to University Park of Commerce and Lynx Leasing.

Inc. ; Drainage Easements (2) from University Park of Commerce;

Affidavits (2) from John J. Spollen. Ill; Joinder from Huntington

National Bank.

(Public Notice in The Bradenton Herald 3/8,15/91)

EXCELLENCE IN RECYCLING

Establish an "Excellence In Recycling" Awards Program to be

administered by the Solid Waste Management Advisory Board.

FLUORIDATED WATER

1. Set public hearing to consider Ordinance 91-38 regarding a grant

for flouridating potable water.

2. Chairman to sign letters to municipalities and Sarasota County

informing and soliciting support at the public hearing on May 21,

1991.

PUBLIC SAFETY

Execution of FY91 Warning and Communications Agreement with Florida

Department of Community Affairs (enhancement of warning

capabilities), $11,700 ($5,850 State/$5,850 Local Match).

RECORD S40-1121

PARKS AND RECREATION YOUTH CAMP PROGRAM

Acceptance of a private donation of $5,000 from Charles Womack.

CENTRAL SERVICES

1. 34th Street West - Award bid to lowest responsive, responsible

bidder. Gator Asphalt Co.. $1,798,354.80; subsequent execution of

contract and simultaneous dating of performance/payment bonds and

power of attorney.

2. IBM RS6000 Equipment, Software & Mainstem Software - Sole source

purchase to replace existing NCR equipment and software to upgrade

the existing Mainstem Fleet Command Computer System, $48,540.50.

3. indirect Cost Plan Update - Negotiate sole source purchase and

subsequent execution of contract with David M. Griffith &

Associates. Ltd.. total cost not to exceed $18,200.

SURPLUS PROPERTY

1. Unipage I Radio Encoder - Classify excess property as surplus to

enable appropriate and authorized disposition.

APRIL 2. 1991 (Confd)

2. Adoption of

R-91-56 RESOLUTION AUTHORIZING THE CONVEYANCE OF COUNTY

OWNED PERSONAL PROPERTY UNDER THE PROVISIONS OF CHAPTER

125.38, FLORIDA STATUTES

(conveying the Unipage I Radio Encoder to the Braden River

Fire Control and Rescue District).

RECORD S40-1122

3. Adoption of




(to add Gulf Coast Marine Institute. Inc.. to the County's

list of non-profit agencies notified of bicycles designated

for conveyance).

RECORD S40-1123

4. Adoption of




(to add the Junior League of Manatee County. Inc. . to the

County's list of non-profit agencies notified of bicycles

designated for conveyance).

RECORD S40-1124

JOB TRAINING PARTNERSHIP ACT - OLDER INDIVIDUALS PROGRAM

Chairman to sign application on behalf of The Blake Foundation for

1991-1992 Title I funds to the Manasota Industry Council, $240,000

(no cost to County).

PUBLIC HEALTH UNIT TRUST FUND

Chairman to sign letters to Governor Chiles and to the Clay County

Board of County Commissioners opposing withdrawal of funds.

PROCLAMATION

Approve, ratify and confirm "Senior Citizens Day" - March 23, 1991.

(NOTE: This Proclamation also approved, ratified and confirmed on

March 28, 1991. Recorded in that meeting)

ANNA MARIA FIRE CONTROL COMMISSION

Chairman to sign letter to Governor Chiles recommending David

Schuckert and John Van Ostenbridqe for re-appointment to the Board

of Fire Commissioners.

LEGISLATION - IMPACT FEES

Approve, ratify and confirm execution by the Chairman of four

letters dated March 15, 1991, to the Legislative Delegation with

regard to proposed Senate Bill 1522 and proposed House Bill 2261.

COUNTY ADMINISTRATOR

Accept letter of resignation from A. V. Ellis to the Chairman,

dated March 20, 1991, with an effective date of May 3, 1991.

CLERK OF CIRCUIT COURT

BILLS FOR PAYMENT

de laParte & Gilbert - GDU v. Peace River-Manasota Water

Supply Auth

Jerry Zoller - Wk Assign 15, Inv 186 (12/7/90 - 1/28/91)

- Site Survey Detention Facility, Inv 178

(12/16/90 - 1/24/91)

Woodruff & Sons - SW Samoset/Oneco Collection System

Links Design, Inc. - Buffalo Creek Golf Course Monitoring

WARRANT LIST

Approve: March 28, 1991 through April 1, 1991

Authorize: April 2, 1991 through April 8, 1991

MINUTES FOR APPROVAL

January 8, 15, 22, 29, & 30, 1991

AUTHORIZE CHAIRMAN TO SIGN

Partial Release of Special improvement Assessment Liens:

Proj 405-5235; 301-2504

APPROVE, RATIFY & CONFIRM

P & R Instructor Classes Agreements:

Melissa Hutton - Ceramics for Beginners S40-1125

Stephen Bradley - Co-Ed Volleyball League Official S40-1126

Chris Patton - Co-Ed Volleyball League Official S40-1127

Dan Nolan - Youth Program Counselor S40-1128

Peggy Gamble - Youth Program Counselor RECORD S40-1129

; 4,963.21

1,500.00

500.00

500,182.15

425.00

W7

.W8


Kelly Beck - Youth Program Counselor S40-

Dannette Tessier - Youth Program Counselor S40-

Howard Porter - Youth Program Counselor s40-

Kim Cook - Youth Program Counselor S40-

Susan Fioravante - Youth Program Counselor s40-

Robert Marino - Youth Program Counselor s40-

Kathleen Patrocky - Youth Program Counselor s40-

Ellen M. Inman - Youth Program Counselor S40-

RECORD

ACCEPT

Manatee River Soil & Water Conservation District Financial Statements

for the Year Ended 9/30/90 and Independent Auditor's Report and

Internal Control Structure and Compliance

Peace River/Manasota Regional Water Supply Authority Financial

Statements, together with Reports of Independent Accountants, 9/30/90

Braden River Fire Control & Rescue District Financial Statements,

9/30/90

FINANCIAL MANAGEMENT

TRAVEL AUTHORIZATION

James Seuffert to Denver, Co., for annual Government Finance

Officers Conference scheduled for 6/1-6/6/91 (Mr. Seuffert will pay

a portion of his travel expenses including air fare),

BUDGET AMENDMENTS

Adoption of Budget Amendment Resolutions amending the FY 1990-1991

budget to provide for receipt and appropriation of unanticipated

1130

.1131

.1132

•1133

.1134

•1135

•1136

•1137

revenues and i'te'si t-ranr'.f'-'•--••;: ~

COMMUNITY SERVICES

Increase Revenues/Expenditures

Library Fund/Library State-Aid

(B-91-090)

(B-91-091)

^•

\ f.-

0 .• <

\^ .

PUBLIC SAFETY

Increase Revenues/Expenditures

EMS Trust Fund/Education; Operating Supplies; Small

Equipment; Contributions; Equipment; Road Equipment

^PARKS AND RECREATION (B-91-092/1)

Item Transfers: User Funded Programs

TO Aquatic Center, Equipment; User Fund Programs

Increase Revenues/Expenditures (B-91-092/2)

General Fund/Parks and Recreation

PUBLIC WORKS (B-91-093)

Item Transfers: Utilities 1987 Construction Trust

Fund TO Upgrade Master Lift Stations

(B-91-094)

Item Transfers: SE Cty, Ph 1-Seg C, Pump Station,

Professional Services TO Reserve for Capital Projects

(B-91-095)

Item Transfers: EPA 11 PS/FM Administration

TO Reserve for Capital Projects

(B-91-096)

Item Transfers: North Co/Rocky Bluff

TO Reserve for Capital Projects

$64,642

RECORD S40-

$65,097

RECORD S40-

$35,300

RECORD S40-

$24,100

RECORD S40-

1138

1139

.1140

.1141

$246

RECORD S40-1142

$401

RECORD S40-1143

(End Consent Agenda)

$3,297

RECORD S40-1144

$70,255

RECORD S40-1145

AWARDS/PRESENTATIONS

Employee of the Month

A Certificate of Recognition was presented to Altemease Williams.

Library Aid II, as April Employee of the Month.


Certificate of Appreciation - Floyd Davis

A Certificate of Appreciation upon retirement was presented to Flovd

Davis. Chief Equipment Operator in the Transportation/Drainage Division,

Public Works Department, for his 30 years of service to the County.

Certificate of Appreciation - Roland Auberson, 8r.

A Certificate of Appreciation upon retirement was presented to Roland

Auberson, Sr., Utilities Maintenance Mechanic III, Public Works, for his

14 years of service to the County.

Scott Linkenhoker, Public Works, also presented Mr. Auberson with a

"Golden Nugget Award" from staff.

Junior League of Manatee County

A plaque was presented to the Junior League of Manatee County

acknowledging efforts for improvements to the Parrish Clinic.

Julie Taylor of the Junior League of Manatee County was present to

accept the plaque. She invited Board members and the public to attend

the "Health Fair" at the Parrish Clinic on April 7, 1991.

Good Neighbor Award

Dan Hager, President of the Boys Clubs of Manatee County, presented a

Good Neighbor Award to Don Compton. Parks and Recreation. This award is

presented by the Boys Club to individuals or groups who have enhanced

the quality of life in Manatee County.

Inasmuch as Mr. Compton was not present, Marty Hopkins accepted the

award.

Joseph Miller, Parks and Recreation Director, recognized Mr. Compton and

Mr. Hopkins for their work with the Boys Club.

Manatee County Model Aviation Radio Controllers Club

Inasmuch as Mr. Miller was instrumental in helping the Manatee County

Model Aviation Radio Controllers Club establish a new landing strip in

the River Wilderness area, Mr. Chetlain shared a plaque which was

previously presented to thank the Board for making the land available

and allowing the assistance of the Parks and Recreation Department.

PROCLAMATIONS

Days of the Remembrance of the Victims of the Holocaust

Motion was made by Mr. Chetlain, and seconded by Mrs. Hooper, to adopt

a Proclamation designating April 7-14, 1991, as "Days of the Remembrance

of the Victims of the Holocaust". Motion carried 5 to 0.

RECORD S40-1146

Kurt Marburg accepted the Proclamation on behalf of the Sarasota/

Manatee Jewish Federation.

Manatee County Building Safety Week

Motion was made by Mrs. Hooper, and seconded by Mrs. Harris, to adopt a

Proclamation designating April 8-14, 1991, as "Manatee County Building

Safety Week". Motion carried 5 to 0.

RECORD S40-1147

Claude Cooper, Development Management Director, accepted the

Proclamation.

Child Abuse Prevention Month

Motion was made by Mrs. Harris, and seconded by Mr. Chetlain, to adopt

a Proclamation designating April 1991, as "Child Abuse Prevention

Month". Motion carried 5 to 0.

RECORD S40-1148

Sally Stricker, Executive Director for Manatee Children's Services,

accepted the Proclamation. She invited the Board members to a Child

Abuse Prevention Award Breakfast at Freedom Village, April 30, 1991.

(Depart Ms. Snell)

068

STO


ADMINISTRATIVE CENTER - IMPROVEMENTS/CHANGES

Sam Love, Central Services Director, recommended (3/19/91 memo) approval

of the proposed notification procedure for Administrative Center

improvements or changes.

Motion was made by Mr. Chetlain, and seconded by Mrs. Harris, to approve

the recommendation. Motion carried 4 to 0.

Recess/Reconvene. All members present except Mr. Chance and Mr. McClash.

BUILDING AND CONSTRUCTION INDUSTRY ADVISORY COMMITTEE

Claude Cooper, Development Management Director, recommended appointment

of five members to the Building and Construction Industry Advisory

Committee.

Plumbing, Heating and Cooling Association Representatives

Nominations: Clayton E. Sutton - by Mr. Chetlain

Phillip L. Wyman, Jr. - by Mrs. Hooper

Motion was made by Mr. Chetlain, and seconded by Mrs. Harris, to cast a

unanimous ballot for Mr. Wyman and Mr. Sutton. Motion carried 5 to 0.

Gulf Coast Builders Exchange Representative

Motion was made by Mr. Chetlain, and seconded by Mrs. Hooper, to cast a

unanimous ballot for Thomas Peacock. Motion carried 5 to 0.

Building Industry Association Representative

Nomination: Charles A. Roy - by Mr. Chetlain

Motion was made by Mr. Chetlain, and seconded by Mrs. Hooper, to cast a

unanimous ballot for Mr. Roy. Motion carried 5 to 0.

American Institute of Architects, Local Chapter, Representative

Nomination: Richard C. Gillett - by Ms. Snell

Motion was made by Ms. Snell, and seconded by Mrs. Hooper, to cast a

unanimous ballot for Mr. Gillett. Motion carried 5 to 0.

MANATEE GLENS CORPORATION

Public hearing (Notice in The Bradenton Herald 3/9/91) was held to

consider

ORDINANCE 91-35 AN ORDINANCE OF THE BOARD OF COUNTY

COMMISSIONERS OF MANATEE COUNTY, FLORIDA; MAKING CERTAIN

FINDINGS AND DETERMINATIONS; SETTING FORTH CERTAIN

DEFINITIONS; AUTHORIZING A CAPITAL IMPROVEMENT GRANT FOR THE

ACQUISITION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO

MENTAL HEALTH FACILITIES, TO MANATEE GLENS CORPORATION;

AUTHORIZING THE ISSUANCE OF REVENUE BONDS TO FINANCE AND

REFINANCE THE COST OF ACQUIRING, CONSTRUCTING AND EQUIPPING

ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO MENTAL HEALTH

FACILITIES OPERATED BY MANATEE GLENS CORPORATION; PROVIDING

FOR THE TERMS OF PAYMENT OF SUCH BONDS; PROVIDING FOR THE

IMPLEMENTATION OF THIS ORDINANCE BY SUBSEQUENT PROCEEDINGS AND

PROVIDING FOR THE POWERS AND DUTIES OF THE BOARD OF COUNTY

COMMISSIONERS OF MANATEE COUNTY, FLORIDA, AND FOR THE

DELEGATION THEREOF; PROVIDING A REPEALER AND SEVERABILITY

CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

Patricia McVoy, Assistant County Attorney, advised that this Ordinance

will enable the County to provide a grant to Manatee Glens for the

expansion of the Glen Oaks Facility and to issue bonds to fund the

grant. She also addressed the manner in which the bonds will be paid.

Ms. Snell moved to adopt Ordinance 91-35.

Mrs. Harris and carried 5 to 0.

Motion was seconded by

RECORD S40-1149


ZONING

Public hearing (Notice in The Bradenton Herald 3/14/91) was held for the

purpose of considering

PDUI-90-OKG) <R) TROPICANA PRODUCTS. INC. (APPROVED)

Request: Approval of a General Development Plan for 424,059 square

feet of industrial, warehouse and office space on 191.89 acres

located between 13th Avenue East, U.S. 301, 15th Street East, and

3rd Street East.

Planning Commission recommended APPROVAL with stipulations:

1. All new access to the site shall be from streets designated as

a minor collector or higher on the Functional Classification

Map.

2. A signage and lighting plan for the proposed development on

the site shall be submitted with each Final Site Plan.

3. All new truck loading, service areas, outside storage and

parking of heavy equipment, semi-trucks and trailers shall be

screened from view from the public right-of-way with a solid

fence at least six feet in height and landscaping equaling at

least one canopy tree every 25 feet on center and 20 shrubs

per 30 linear feet. Such landscaping shall be located on the

exterior side of the fence.

4. All new structures located on the perimeter of the project

shall provide a screening buffer consistent with No. 3 above.

5. A specific noise mitigation plan shall be provided with

submittal of each Preliminary Site Plan. Such plan may

include additional buffering and separation of uses from

property lines, and shall include provisions for regularly

scheduled noise monitoring. This noise mitigation plan shall

be submitted to, and approved by, the Planning Director.

There shall be no increase above the ambient noise level at

all property lines created by this development. This shall be

verified by quarterly reports which give operational noise

levels, which shall be provided by the developer at their

cost.

6. The developer shall provide an outdoor warning system for any

new development on this site that will warn adjacent residents

of a hazardous materials accident on site.

7. For all proposed structures located on the perimeter of the

Tropicana site the loading zones shall be located on a side of

the building which does not face any area developed or zoned

for residential use.

Lori Suess, Planning and Zoning, pointed out the proposed and existing

structures on the site plan. She stated this General Development Plan

includes only those areas which have the Industrial/Urban Future Land

Use Category within the existing property; it does not include any

residential areas owned by Tropicana. She reviewed the staff report

pointing out the General Development Plan standards.

She also reviewed the stipulations and submitted revised stipulations:

Combine Stipulations 3 and 4 to read:

3. All new truck loading, service, outside storage and parking of

heavy equipment, semi-truck and trailer areas located adjacent

to residentially zoned or used property shall be screened from

view from the public right-of-way or such residential uses by

a solid fence at least six feet in height and landscaping

equaling one canopy tree meeting the minimum requirements of

Section 715, planted every 25 feet on center and 20 shrubs per

30 linear feet. This landscaping shall be located on the

exterior side of the fence. The requirements of a solid fence

shall not apply to Parcels 1, 2, and 3 as shown on the General

Development Plan, as those parcels are not adjacent to

residential land. However, the buffering requirement as

stated above shall apply, less the requirement of the solid

fence or wall.

^?1

5W


Revise Stipulation 6 to read:

6. The developer shall provide an outdoor warning system for any

new freezer or other development on this site that will warn

adjacent residents of an ammonia release on the site. Only

such uses that utilize ammonia shall be required to provide

this outdoor warning system.

Alan Prather, Attorney representing the applicant, agreed to the

stipulations, as amended.

Philip A. Nathan, representing Mixon Fruit Farms, submitted letter dated

April 1, 1991, expressing concern with regard to increased flooding and

requesting that Tropicana develop stormwater management facilities to

meet State and County regulations.

Bill Mixon, Mixon Fruit Farms, stated he is opposed to any new buildings

in this area until the flooding problems are resolved. He also spoke to

pollution problems.

Jerome Gostkowski, Public Works, advised that a stormwater plan is

required and must meet County and State regulations if in excess of 500

square feet of additional impervious surface is introduced.

Discussion: A portion of the property is in the City of Bradenton; the

City relies on Southwest Florida Water Management District (SWFWMD) to

oversee stormwater treatment/storage; redevelopment of the site, etc.

(NOTE: Further discussion/action following the next item)

CITIZEN'S COMMENTS

Parrish/Rubonia Bus Services

Noble Robertson, representing the Parrish Civic Association, submitted

petitions requesting bus service to the Parrish and Rubonia areas.

Fireworks Display, July 4, 1991

Dan Smithwick, PRIDE group, submitted a letter requesting the County

increase funding for the July 4, 1991, fireworks display.

Fluoridated Water

Dr. Maurice Gregg spoke in opposition to adding fluoride to the public

water system.

ZONING - PDUI-90-OKG) (R) TROPICANA PRODUCTS. INC. (Confd)

Bob Lombardo, Consulting Engineer, advised that Tropicana is committed

to instituting on-site solutions to the drainage/flooding problems.

This request for a General Development plan is only the first step in

increasing approximately 400,000 square feet on site. The drainage

requirements will be considered at the Preliminary and/or Final Site

Plan stage. Tropicana cannot proceed with any development without

meeting County or SWFWMD requirements.

Discussion: As this plan is implemented, the County can implement

retrofitting to alleviate run-off problems; determine the extent that

other developments in the area share in the drainage problems;

implementing impact fees for drainage; considering stormwater plans for

this area specifically on capital improvements, etc.

Based upon the staff report, evidence presented and comments made at the

public hearing, and the action of the Planning Commission, and finding

the request to be consistent with the Manatee County Comprehensive Plan

and the Manatee County Land Development Code, Mrs. Hooper moved to

approve General Development Plan PDUI-90-01(G)(R) with stipulations 1,

as amended by Planning (Commission), 2, 3, as revised, 5, 6, as revised,

and 7. Motion was seconded by Ms. Snell and carried 5 to 0.

RECORD S40-1150

ORDINANCE 91-32, SPEED LIMITS


consider


ORDINANCE 91-32 AN ORDINANCE OF MANATEE COUNTY, FLORIDA,

AMENDING MANATEE COUNTY ORDINANCE 84-05; TO PROHIBIT THE |

TRAVEL OF VEHICLES AT SPEEDS IN EXCESS OF THE ESTABLISHED

LIMIT ON CERTAIN COUNTY MAINTAINED STREETS LOCATED WITHIN THE

UNINCORPORATED AREA OF MANATEE COUNTY, FLORIDA; AND PROVIDING

AN EFFECTIVE DATE.

Fox Chase Subdivision (Ellenton)

92nd Avenue East, from Old Tampa Road to dead end 20 mph

31st Street Court East, from 92nd Avenue East to dead end 20 mph

29th Street East, from 92nd Avenue East to dead end 20 mph

Briarwood Subdivision Units 1 & 2

58th Drive East, from 33rd Street East to 31st Court East 20 mph

58th Drive East, from 31st Court East to 57th Avenue East 20 mph

31st Court East, from 58th Drive East to 57th Avenue

Circle E 20 mph

31st Court East, from 57th Avenue Circle East to

57th Avenue East 20 mph

57th Avenue Circle East, accessed via 57th Avenue East to

31st Court East, then east, then south, then west, then

north to dead end 20 mph

57th Avenue East, from 33rd Street East to dead end 20 mph

29th Street Circle East, from 57th Avenue East to

57th Avenue East 20 mph

56th Place East, from 29th Street Circle East,

east to dead end 20 mph

30th Court East, from 29th Street Circle East,

south to dead end 20 mph

Palma Sola Village Subdivision

1st Avenue West, from 67th Street West to 68th Street

Northwest 20 mph

1st Avenue Drive Northwest, from 68th Street Northwest

to 70th Street Northwest 20 mph

3rd Avenue Northwest, from 68th Street Northwest to

69th Street Northwest 20 mph

4th Avenue Drive Northwest, from 69th Street Northwest

to 71st Street Northwest 20 mph

68th Street Northwest, from 1st Avenue West to

3rd Avenue Northwest 20 mph

69th Street Northwest, from 1st Avenue Drive Northwest

to 4th Avenue Drive Northwest 20 mph

70th Street Northwest, from 1st Avenue Drive Northwest

to 4th Avenue Drive Northwest 20 mph

71st Street Northwest, from 4th Avenue Drive Northwest

to 5th Avenue Northwest 20 mph

16th Avenue Northwest, from 71st Street Northwest to

75th Street Northwest 25 mph

60th Avenue East, from 1st Street East to 3rd Street East 20 mph

83rd Street Northwest, from 9th Avenue Northwest to

12th Avenue Northwest 20 mph

89th Street Northwest, from 17th Avenue Northwest, south

to dead end 20 mph

102nd Street West, from Cortez Road to 46th Avenue West 20 mph

Bay shore Road, from Palmview Road, south to S.R. 45/

U.S. 41 (Palmetto) 35 mph

(Depart Mrs. Glass; Ms. Snell presiding)

Motion was made by Mr. Chetlain, and seconded by Mrs. Harris, to adopt

Ordinance 91-32. Motion carried 4 to 0.

RECORD S40-1151

ORDINANCE 91-33, NO THRU TRUCKS


consider

STO

5^4



AMENDING MANATEE COUNTY ORDINANCE 84-06; TO REGULATE THE

TRAVEL OF CERTAIN THROUGH TRAFFIC ON CERTAIN COUNTY MAINTAINED

STREET LOCATED WITHIN THE UNINCORPORATED AREA OF MANATEE

COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE.

31st Avenue East, from 150 feet east of 15th Street East/SR70A, to

16th Street Court East.

Motion was made by Mrs. Harris, and seconded by Mrs. Hooper, to adopt


RECORD S40-1152

ORDINANCE 91-34, NO PARKING


consider


AMENDING MANATEE COUNTY ORDINANCE 84-04; AS AMENDED BY

ORDINANCES 84-15 AND 84-24, PROHIBITING THE STOPPING, STANDING

OR PARKING OF MOTOR VEHICLES ON CERTAIN COUNTY MAINTAINED

STREET LOCATED WITHIN THE UNINCORPORATED AREA OF MANATEE

COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE.

30th Avenue West (South side only), from 350 feet west of 3rd

Street West to 300 feet east of 7th Street West.

•Motion was made by Mrs. Hooper, and seconded by Mrs. Harris, to adopt


RECORD S40-1153

STREET VACATION; W.H. VANDERIPE SUBDIVISION AND PHILLIPS & ALLEN

RE8UBDIVI8ION

Public hearing (Notices in The Bradenton Herald 3/14 and 3/26/91) was

held to consider application 91-V-7 by Contour, Inc., and adoption of

R-91-49-V A RESOLUTION VACATING A PORTION OF 56TH AVENUE EAST

AND LOTS LYING IN THE W.H. VANDERIPE SUBDIVISION (PLAT BOOK 1,

PAGE 115) AND THE PHILLIPS AND ALLEN RESUBDIVISION (PLAT BOOK

1, PAGE 308-A) TOGETHER WITH THE PUBLIC RIGHT OF WAY DESCRIBED

AS 23RD STREET EAST OR WILLIAM STREET (OR BOOK 826, PAGE 901

AND OR BOOK 862, PAGE 111)

Claude Tyier, Public Works, recommended adoption of the Resolution.

Motion was made by Mrs. Hooper, to adopt Resolution R-91-49-V. Motion

was seconded by Mrs. Harris and carried 4 to 0.

RECORD S40-1154

ORDINANCE 91-36, WATER CONSERVATION & ENVIRONMENTAL EDUCATION FUND


consider

ORDINANCE 91-36 AN ORDINANCE OF MANATEE COUNTY, FLORIDA;

SETTING FORTH THE PURPOSE OF THE ORDINANCE; AUTHORIZING THE

EXPENDITURE OF COUNTY FUNDS FOR THE ESTABLISHMENT OF A WATER

CONSERVATION AND ENVIRONMENTAL EDUCATION FUND; AUTHORIZING THE

EXPENDITURES FROM THE FUND FOR INCENTIVES AND AWARDS FOR

EDUCATION AND ACHIEVEMENT IN AREAS RELATED TO WATER

CONSERVATION AND ENVIRONMENTAL PROTECTION; PROVIDING FOR THE

APPROVAL OF EXPENDITURES AND CREATION OF PROGRAMS BY

RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS AND PROVIDING

AN EFFECTIVE DATE.

Bob Schoenleber, Public Information Officer, stated that the Board has

requested a scholastic competition for high schools to be held as part

of "Earth Day." County funds will be appropriated for the winning

school. •


In the absence of clear statutory authority for the expenditure of

funds, the County Attorney requested an Ordinance be adopted that would

to provide authority and identify public benefit.

(Enter Mrs. Glass)

Motion was made by Mr. Chetlain, and seconded by Mrs. Harris, to adopt


RECORD S40-1155

(Mrs. Glass presiding)

RUBONIA COMMUNITY CENTER - EXPANSION

Joseph Miller, Parks and Recreation Director, requested approval for

funding up to $125,000 for the expansion of the Rubonia Community Center

and for authorization for the Facility Management Department to provide

in-kind construction supervision for the project. In the Fiscal Year

1991 budget, $50,000 was set aside for facility expansion for the

Rubonia/Myakka Youth Centers and staff was directed to seek funding

sources for the renovation and expansion projects. The Junior League of

Manatee County has recognized the Rubonia Community Center expansion as

possibly being the number one priority for the next funding cycle and

has made a commitment of $25,000 if the Board approves the funding.

He referred to two memorandums from the County Attorney regarding the

possibility of using Parks and Recreation Impact Fees on the project,

and the possibility of using the Road Gang for remodeling and expanding.

As the property is under the ownership of the School Board, the Road

Gang cannot be utilized. However, if the County enters into an

interlocal agreement to give the County control of the property, then

this issue can be revisited.

Jeffrey Steinsnyder, Assistant County Attorney, advised that impact fees

could be used at the Center to accommodate new growth.

Jim Seuffert, Office of Financial Management Director, commented on use

of Reserve for Contingency Funds for this project and reiterated the

.need to freeze the Fund.

Mr. Chetlain moved to approve the funding of up to $125,000 ($50,000

approved FY 91 budget and $75,000 Park Impact Fees) for the Rubonia

Community Center expansion and to authorize the Facility Management

Department to provide in-kind construction supervision for this project.

Motion was seconded by Ms. Snell and carried 5 to 0.

BRADEN RIVER PARK - DESIGN SERVICES

Rob Cuthbert, Purchasing Director, requested authorization to enter into

contract negotiations with Dames & Moore of Tampa, Florida, for design

services for the Braden River Park.

Motion was made by Ms. Snell to approve the request. Motion was

seconded by Mr. Chetlain and carried 5 to 0.

WOOD/YARD WASTES - PROCESSING

Mr. Chetlain moved to execute contract (RFP No. 909021), Processing of

Wood/Yard Wastes, between Manatee County and Resource Industries, Inc..

Sarasota, Florida, on an as required unit price basis. Motion was

seconded by Ms. Snell and carried 5 to 0.

RECORD S40-1156

SOLID WASTE MASTER PLAN UPDATE

Mrs. Harris moved to execute contract (RFP No. 909015), Update of Solid

Waste Master Plan, between Manatee County and R.W. Beck & Associates,,

Orlando, Florida, on an as required unit price basis, not to exceed

$200,000. Motion was seconded by Mr. Chetlain and carried 5 to 0.

RECORD S40-1157

5^5

576


FIVE YEAR CAPITAL IMPROVEMENT PROGRAM. 1991-1995

Mr. Seuffert submitted Resolution

R-91-70 A RESOLUTION ADOPTING A FIVE YEAR CAPITAL IMPROVEMENT

PROGRAM AND ADOPTING A POLICY REGARDING THE ADMINISTRATION OF

THE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM

He stated it will implement the Capital Improvement Program (CIP) with

the exception of stormwater and certain general government projects. He

reviewed projects which are addressed in the CIP.

Steve Logan, Assistant County Administrator, advised that public

hearings will be required for projects in the CIP in order to be in

compliance with the Comprehensive Plan.

Mr. Chetlain moved to adopt R-91-70 approving the Capital Improvement

Program for 1991-1995 for transportation, utilities, and parks. Motion

was seconded by Mrs. Harris and carried 5 to 0.

RECORD S40-1158

Recess/Reconvene. All members present except Mr. Chance and Mr. McClash.

LEGISLATION: IMPACT FEES SENATE/HOUSE BILLS

David Rothfuss, Assistant County Administrator, submitted a memorandum

from Betty Steffens, legislative liaison, indicating that the Florida

Association of Counties (FAC) arranged to have a Bay County Commissioner

and a Leon County Attorney representing the interest of FAC and Counties

opposing the impact fee legislation to be heard by the Senate and House.

She has also indicated that Representative Holland has agreed to oppose

the impact fee legislation when it appears before the House Community

Affairs Committee.

There are amendments being offered with the hope that in the event that

one of the Bills is approved, county interests would be protected.

Discussion: Concerns that current requirements of developers will gain

impact fee credit; FAC is opposing any impact fee bill; positions of

other Representatives regarding the Bills.

DISHONORED CHECKS - SERVICE FEES

Motion was made by Mr. Chetlain, and seconded by Ms. Snell, to adopt

^' ^HU,1ULL&.

/f-9/-^7

ai^ /6/tfif

R-91-31 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS

OF MANATEE COUNTY, FLORIDA, RESCINDING RESOLUTION

R-87-01, ADOPTING A STANDARD SERVICE FEE FOR DISHONORED

CHECKS OFFERED IN PAYMENT TO MANATEE COUNTY, AND AMENDING

THE MANATEE COUNTY CODE.

Motion carried 5 to 0.

RECORD S40-1159

CIVIC CENTER - HB 1589

The County Administrator recommended (3/28/91 memo) adoption of a policy

position with regard to the State initiated amendment to HB 1589, which

would repeal the Special Act (78-556) establishing the Civic Center

Authority and convert it to an Ordinance of Manatee County.

Motion was made by Mr. Chetlain, and seconded by Mrs. Hooper, to

authorize the Chairman to execute a letter in support of HB 1589, as

amended. Motion carried 5 to 0.

LAND ACQUISITION - EMERSON POINT

The County Attorney requested execution of Option Agreements with (1)

Martha H. Morris. Jean R. Horton. Allan H. Horton. Gregory L. Morris and

Alice Armanda Edwards, as Trustees of the Almardon Trust and (2) Gregory

L. Morris. Martha H. Morris. Patricia M. Hobson, Robert F. Morris and

David C. Morris for purchase of parcels two and three of the Emerson

Point property.


He advised that these Option Agreements remain subject to approval by

the Trustees for the State Lands.

He submitted a copy of a letter dated March 29, 1991/ from Tom Gardner,

Executive Director of the Florida Department of Natural Resources, to

Representative Toby Holland, pointing out that the Division of State

Lands, acting as agent for the Trustees, intends to continue the process

to acquire the two smaller parcels referred to as the HyKom and Smith

Parcels which comprise the remainder of the Emerson Point properties.

Mr. Chetlain moved to authorize execution of the contracts to purchase

Parcel 2, the Almardon Trust parcel, and Parcel 3, the Morris parcel, of

the Emerson Point Land. Motion was seconded by Mrs. Hooper and carried

5 to 0. S40-1160

RECORD S40-1161

REVENUE BOND RATINGS

R. B. Shore, Clerk of Circuit Court, advised the Board that Standard &

Poors has raised the rating for County Revenue Bonds to A+. The County

is now an A-l, A+ Utility System.

LAWSUITS

D. Osborn; L. Jacobson. E. Jacobson, 0. Johnson, and L. Brown

The County Attorney requested authorization to initiate a lawsuit

against David P. Osborn, Laura K. Jacobson, Eugene D. Jacobson, Otis

Johnson, and Lilly Brown for injunctive relief to abate a drug-related

nuisance at 5908 13th Street Court East.

Paul Bangel, Assistant County Attorney, advised that there have been

three drug-related arrests at this property. The injunction will bar

the arrestees from the property and will enjoin the landlord to evict

the tenant, if the tenant is in violation.

Motion was made by Mrs. Harris, and seconded by Mr. Chetlain, to grant

^ authorization for the County Attorney's Office to initiate the lawsuit.

•^ Motion carried 5 to 0.

Ralph Varner v. Manatee County

Jn^ the case of Ralph Varner v. Manatee County, the County Attorney

advised that Mr. Varner is seeking an award of $30,000 plus

reclassification of his position to pay grade 126 and that he be given

the maximum salary of grade 126. He recommended the offer be rejected

and that the case proceed to trial unless the Board wishes to consider

a counter offer of $12,000.

Motion was made by Mr. Chetlain, and seconded by Mrs. Hooper, to reject

the offer. Motion carried 5 to 0.

COUNTY ADMINISTRATOR

Interim - David Rothfuss

Inasmuch as Mr. Ellis' letter of resignation was accepted earlier in the

meeting, motion was made by Mrs. Hooper, and seconded by Mrs. Harris, to

appoint David Rothfuss as Interim County Administrator. Motion carried

5 to 0.

Special Consultant - A. V. Ellis

Upon suggestion that Mr. Ellis be retained as a Special Consultant,

there was consensus that Mrs. Glass and Mr. Ellis discuss the matter.

COMMISSIONERS' COMMENTS

Daily Reading File

Mrs. Harris recommended a daily reading file be created for any

correspondence from an individual Commissioner on matters which may

affect the entire Board.

Code Enforcement

Mrs. Harris questioned the progress of the informal committee which

began work on a conceptual program for preventive measures within Code

Enforcement, i

W7

^8


Mr. Ellis advised that there are elements which were not complete to

allow this to be presented with cost implications. He stated this could

be presented within the next two weeks.

Beach Restoration Project

Ms. Snell requested staff be authorized to prepare a letter of thanks to

the Army Corp of Engineers for help in the Beach Restoration Project and

urging them to make the County more of a priority.

Suggestion was made that the Legislators also be contacted and that the

letter to the Corp of Engineers reinforce the upcoming hurricane season.

Disposition: Place letters on agenda Thursday, April 4, 1991.

Manatee Street - Buffer

Mrs. Glass requested a report on a previous suggestion that the County

place plants from the County Nursery in the right-of-way of Manatee

Street behind the Sarasota Motor Inn as a buffer.

MEETING RECESSED

There being no further business, the meeting was recessed to April 4,

1991,^ at 9:00 a.m.

/dev

april 2. 1991 the board of county commissioners, manatee … · april 2. 1991 (cont'd)...

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