august 17, 1993 the board of county commissioners, manatee ... · 8/17/1993 · special assessment...

AUGUST 17, 1993

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

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

Tuesday, August 17, 1993, at 9:03 a.m.

Present were Commissioners:

Lari Ann Harris, Chairman

Joe McClash, First Vice-chairman

Kent G. Chetlain, Second Vice-chairman

Stan Stephens

John R. Gause

Patricia M. Glass, Third Vice-chairman (entered during the meeting)

Maxine M. Hooper (entered during the meeting)

Also present were:

David Rothfuss, Assistant County Administrator

H. Hamilton Rice, Jr., County Attorney

Judy LaMee, Director of Communications and Development,

representing R. B. Shore, Clerk of Circuit Court

Representatives of the various news media were present.

Invocation by Reverend Ronald Baker, Bradenton Christian Reformed Church

The meeting was called to order by Chairman Harris.

All witnesses/staff giving testimony were duly sworn.

AWARDS

Excellence in Financial Reporting

Certificates of Achievement and plaque from the Government Finance

Officers Association of the United States and Canada were presented to

R. B. Shore, Clerk of the Circuit Court, and Kirn Umana, Finance

Director.

Present to accept the award were Mr. Shore, Ms. Umana, Rick Ashley,

Ken Atkinson, Traci Moore, Karri Nicosia, Kace Smith, Judy Moree,

Peggy Curtin, and Dan Wolf son.

(Enter Mrs. Glass)

AGENDA DELETIONS

David Rothfuss, Assistant County Administrator, deleted Manatee County

Detention Facility report by Public Safety Coordinating Council and

consideration of constructing 256 additional inmate beds (deferred to

August 26, 1993).

(Enter Mrs. Hooper)

CONSENT AGENDA

Upon motion by Mr. McClash and second by Mr. Gause, the Consent Agenda

dated August 17, 1993, was unanimously approved with deletion of 1) Bad

debt write-off/utilities; 2) Glenn Creek water quality project;

3) Amendment to agreement with Southwest Florida Water Management

District (SWFWMD) for reclaimed water lines; 4) Pearce drainage canal

improvements; 5) Rye Road & Waterline Road improvements; 6) Solid Waste

• Master Plan update; 7) Staffing Resolution R-93-211; and 8) Payment to

National Development Council, Inc., for affordable housing program

consulting services (all separate actions). Items APPROVED:

COUNTY ADMINISTRATOR

DEEDS AND EASEMENTS

1. 26th Street West - Record Affidavit of Ownership and Warranty Deed

from Sara B. and H. Ray Baden. Individually and as Trustee,, for

future widening.

2. Bayshore Gardens Parkway - Temporary Construction Easement from

Darwin F. Heinzman for road improvements, 34th Street to

26th Street West.

3. 71st Street West - Record Affidavit of Ownership and Utility

Easement from Country Village of Bradenton Condominium Association,

Inc.. for construction of reuse water transmission lines from

Cortez Road north to 18th Avenue West; east on 18th Avenue to 67th

Street West; north on 67th Street to Manatee Avenue.

093

094

AUGUST n. 1993 (Cont'd)

4. Heritage Bay Subdivision - Accept (certified copy) Pedestrian

Sidewalk Easement (recorded 5/3/91) from Timothy E. and Kathleen P.

Matthews to rectify a sidewalk encroachment on Lot 3, Heritage Bay

Subdivision (44th Avenue West, Palmetto).

5. U.S. 301 Boulevard Improvements - Temporary Construction Easement

from DeSoto Square Villas Owners' Association. Inc.. for road

improvements from intersection of U.S. 301 Boulevard at 1st Street

to 30th Avenue West.

FEE WAIVER - PARRI8H COMMUNITY CLEANUP

Place dumpsters (4) at various locations on Saturday, August 21 &

28, 1993, for the Parrish Home Owners Association community cleanup

project; waive landfill fees.

PARTICIPATION PROJECTS - DREDGING

1. Highland Shores - Set first public hearing on September 28, 1993,

at 1:30 p.m. or as soon thereafter as possible, to consider a

special assessment project for canal dredging

2. San Remo and Palma Sola - Set first public hearing on September 28,

1993, at 1:30 p.m. or as soon thereafter as possible, to consider

a special assessment project for canal dredging.

PUBLIC INFORMATION

Public Works Department to insert "Community Radio Watch" flyers

into customer utility bills at a cost of $480.

TREE PLANTING GRANT

Execution of the second amendment to the 1992 National Small

Business Administration Tree Planting Program Grant Agreement with

the Florida Department of Agriculture & Consumer Services for an

extension to December 15, 1993; and, execution of Sworn Statement

on Public Entity Crimes.

RECORD S43-231

GRANT - WATER REUSE TRANSMISSION LINES

Execute second amendment to grant agreement (P099 Phase II) with

SWFWMD (and on behalf of the Manasota Basin Board) extending

completion date to December 15, 1993, for construction of lines on

34th Street West from 53rd to 60th Avenue.

RECORD S43-232

TIME PAYMENT AGREEMENTS

Execute Time Payment Agreements for water/sewer facility investment

fees, connection fees, and extension charges with the following:

S43-233 Danny Joe Adams aka Dan J. Adams Clifford C. Burgeson S43-240

S43-234 Antonio Jr., and Maria G. Alvarez Ronnie C. and Linda Stotz S43-241

S43-235 Dan L. and Nancy J. Holland Church of God at Parrish S43-242

S43-236 Timothy P. and Susan M. Huppert Doris E. Boulais S43-243

S43-237 Glenn D. and Helen C. Cooley Normand T. Chenier S43-244

S43-238 Ferman C. and Amanda L. Downing Doris A. Fisher S43-245

S43-239 Guy and Jane Bailey E. Thibaut Richard and Cathy Habora S43-246

Robert G., Rebecca, Daniel R., and Betty M. Cycotte (2) S43-247

RECORD S43-248

RECLAIMED WATER MAIN - 34TH STREET/60TH AVENUE WEST

1. Adoption of

R-93-202 RESOLUTION TENTATIVELY AWARDING CONSTRUCTION CONTRACT FOR

THE DER STATE REVOLVING FUND LOAN PROGRAM SUBJECT TO REGULATORY

APPROVAL, UNDER THE PROVISIONS OF CHAPTER 63-1598, FLORIDA STATUTES

(encompassing DER Project No. CS120540170 and Bid No. 311014DC;

and, authorization for Chairman to execute Certification of

Affirmative Steps for Minority and Women's Business Enterprise

Participation in accordance with Part "B" Package Authority to

Award); and,

RECORD S43-249

2. Authorization to award Bid No. 311014DC to the lowest responsive,

responsible bidder. Woodruff & Sons. Inc.. in the amount of

$272,794.25, subject to approval by the Florida DER under the State

Revolving Fund Loan Program, authorized by Section 403.1835,

Florida Statutes, and implemented by Chapter 17-503, Florida

Administrative Code; and,

3. Authorization for Chairman to subsequently execute contract and

simultaneously date performance/payment bond and certification of

contractor's insurance and bonds.

RECLAIMED WATER MAIN - 4 3RD STREET WEST

1. Adoption of

R-93-200 RESOLUTION TENTATIVELY AWARDING CONSTRUCTION CONTRACT FOR

THE DER STATE REVOLVING FUND LOAN PROGRAM SUBJECT TO REGULATORY

APPROVAL, UNDER THE PROVISIONS OF CHAPTER 63-1598, FLORIDA STATUTES

AUGUST 17, 1993 (Cont'd)

(encompassing DER Project No. CS120540170 and Bid No. 311004DC;

and, authorization for Chairman to execute Certification of

Affirmative Steps for Minority and Women's Business Enterprise

Participation in accordance with Part "B" Package Authority to

Award); and,

RECORD S43-250

2. Authorization to award Bid No. 311004DC to the lowest responsive,

responsible bidder, Scotty's Tractor Service, dba Scotty's Land

Development. in the amount of $1,078,455, subject to approval by

the Florida DER under the State Revolving Fund Loan Program,

authorized by Section 403.1835, Florida Statutes, and implemented

by Chapter 17-503, Florida Administrative Code; and,

3. Authorization for Chairman to subsequently execute contract and

simultaneously date performance/payment bond and certification of

contractor's insurance and bonds.

CENTRAL SERVICES

1. Bunker Hill Road Bridge Replacement - Award Bid No. 310504DC to the

lowest responsive, responsible bidder, Tom Quinn Company. Inc. .

$178,795.96; authorize subsequent execution of contract and

simultaneous dating of performance/payment bond; and, accept

insurance certificate.

2. Hand Held Meter Devices and Software - Sole source purchase from

Software Installed, not to exceed $16,975, for Public Works.

3. Singletary/Betts Road Improvements - Award Bid No. 311274DC to the

lowest responsive, responsible bidder, APAC-Florida. Inc..




4. Verna Bethany Road Improvements - Award Bid 311264DC to the lowest

responsive, responsible bidder, Frederick Derr & Company. Inc. .




5. Telephone Equipment Supplies - Award IFB 310796TM on an as required

basis to the lowest responsive, responsible multiple bidders

meeting specifications for an estimated total of $38,724.04, as

follows: Consolidated Datacom. $5,678.36; Coast to Coast Wire &

Supplies. Inc.. $149.70; Spring North Supply. $6,355.10; Alltel

Supply. Inc.. $22,420.38; and, Gravbar Electric Co.. $4,120.50.

UNIVERSITY PARKWAY IMPROVEMENTS

Execute Change Order 9 to Bid 914018 with Frederick Derr & Company.

Inc. . for a net decrease of $730.27 and an adjusted contract amount

Of $6,438,105.01.

RECORD ^"-^-L

GRANT - ANTI DRUG ABUSE PROGRAM

Approve, ratify, and confirm execution of sole source justification

form for adult offender non-residential treatment/prevention

services and equipment (approving Coastal Recovery Centers, Inc.),

submitted to Florida Department of Community Affairs for the

Comprehensive Drug Abuse Prevention Grant in the amount of $215,000

for FY 1993-94.

TRANSIT - JOINT PARTICIPATION AGREEMENTS

Chairman to execute Florida Department of Transportation (FDOT)

letter requesting preparation of Joint Participation Agreements for

FY 1993-94 projects.

RECORD S43-252

TRAVEL

Authorization for Commissioners to travel to Florida Association of

Counties Board of Directors meeting September 30, 1993, through

October 2, 1993, to be held at Key West, Florida.

CLERK'S CONSENT CALENDAR

BONDS

Accept:

Public Official Bond - Jerry J. Overholt, Commissioner, Cedar Hammock

Fire Control District, $1,000

Release:

Mote Ranch, Phase I Subdivision

1. Agreement with Amerifirst Development Corporation guaranteeing

completion of required improvements (sidewalks)

2. Performance Bond: $28,050.00 (Letter of Credit 0000100014-91000350,

Amerifirst Federal Savings and Loan/Bay Federal Savings, Agent)

095

096

AUGUST 17. 1993 (Cont'd)

BILLS FOR PAYMENT

Hogg Alien et al - Retainer/Gen Matters, Inv 58-68

APAC-Florida Inc - 45th St E improvements, Req 8/Final

R.W. Beck & Assoc - Solid Waste Master Plan Update

Camp Dresser & McKee - Lake Manatee Downstream Release

Evaluation, Inv 7

Coastal Planning - Bch Renourish Post Constructn, Inv 2180

Frederick Derr & Co - University Pkwy, Req 19

Glace & Radcliffe - Bayshore Gdns Pkwy, Inv 13467

Glace & Radcliffe - Bridge Prioritizing Rpt, Inv 13468

Glace & Radcliffe - Wauchula Rd Bridge, Inv 13469

Larson Engineering - 9th St E, Inv 7806/7807

Larson Engineering - North WWTP Effi Pump Stn, Inv 7810

Larson Engineering - 63rd Ave West & East, Inv 7811

Larson Engineering - North WWTP Effi Fac, Inv 7817/7818

Youngquist Brothers - SW Subreg WWTP Injection Well-

Mechanical Integrity Test, Req I/Final

REFUNDS

Roger J Rodriguez - Dependent Medical Premiums, 3/93 & 4/93

Charles H. Wilson Construction - Bidg Permit Canceled

WARRANT LIST

Approve: August 10, 1993 through August 16, 1993

Authorize: August 17, 1993 through August 25, 1993

MINUTES FOR APPROVAL

June 15, 1993 - Risk Assessment

June 24 and 29, 1993 - Regular

July 6, 1993 - Regular

AUTHORIZE CHAIRMAN TO SIGN

Partial Release of Special Improvement Assessment Liens:

Projects 301-2506; 301-5148; 5049; 5071

ACCEPT

Manatee County Housing Authority - Resolution adopting the

Budget.

1,356.45

37,511.20

15,440.32

21,121.04

831.00

177,124.33

8,875.35

12,149.46

15,826.17

5,072.57

1,104.54

5,708.43

10,716.61

47,500.00

219.28

1,448.30

FY 1993-94

OFFICE OF FINANCIAL MANAGEMENT

BUDGET RESOLUTIONS

Adoption of

PUBLIC WORKS/UTILITIES (B-93-203)

Item Transfers: Closes three completed wastewater projects to Reserves.

$57,970

RECORD S43-253

SELF INSURANCE (B-93-204)

Item Transfers: Reappropriates funds from self insurance Reserves to

provide funding for claims and attorneys fees in connection with these

claims. . $430,000

RECORD S43-254

COURT ADMINISTRATION/LAW LIBRARY (B-93-205)

Item Transfers: Reappropriates funds within Court Administration to

provide additional funding for mandated expenses for the Law Library.

$18,000

RECORD S43-255

COMMUNITY SERVICES/DEAF SERVICE CENTER (B-93-206)

Item Transfers: Reallocates funds previously budgeted for the Financial

Officer to provide additional funding for Deaf Service Center programs

as approved by the Board on June 1, 1993. $15,045

RECORD S43-256

PUBLIC WORKS/UTILITIES (B-93-207)

Item Transfers: Closes a completed wastewater project to Reserves and

reduces funding to a completed project with a transfer to Reserves.

$441,140

RECORD S43-257

BRADENTON BEACH DOWNTOWN DEVELOPMENT (B-93-208)

Item Transfers: Provides funding from unexpended Community

Redevelopment Trust funds for payment t6 the Bradenton Beach Development

Authority as required by Florida Statute.

UMSTU/HARDSHIP ASSISTANCE

Item Transfers: Reappropriates funds

Unincorporated Services Fund to provide

Hardship Assessment Assistance Program.

$1,764

RECORD S43-258

(B-93-209)

from Reserves within the

additional funding for the

$6,000

RECORD S43-259

AUGUST 17. 1993 (Confd)

PUBLIC WORKS/TRANSPORTATION (B-93-210)

Item Transfers: Closes out the completed Rye Road project in the

District D Impact Fees Fund to Reserves. This project will be completed

in the Thoroughfares Projects Fund. $204,640

RECORD S43-260

PUBLIC WORKS/MCPUD (B-93-211)

Item Transfers: Provides additional funding for the Booster Stations

Modifications Project from Reserves as previously noted in project

status reports. $95,000

RECORD S43-261

COMMUNITY SERVICES/PUBLIC HEALTH UNIT (B-93-212/1)

Item Transfers: Reappropriates funds from the Health Department

Construction Fund to the Public Health Unit Repair cost center in the

General Health Care Fund to properly classify expenditures.

$27,079

RECORD S43-262

(B-93-212/2)

Increase Revenue/Expenditure; Reappropriates funds from the Health

Department Construction Fund to the Public Health Unit Repair cost

center in the General Health Care Fund to properly classify

expenditures. $27,079

RECORD S43-263

COMMUNITY SERVICES/SPECIAL HEALTH CARE FUND (B-93-213/1)

Item Transfers: Rescinds and replaces Budget Amendment B-93-150/1 and

B-93-150/2 for accounting purposes. $1,636,933

RECORD 843-264

(B-93-213/2)

Increase Revenue/Expenditure: Rescinds and replaces Budget Amendment

B-93-150/1 and B-93-150/2 for accounting purposes. $237,865

RECORD S43-265

PAYMENTS IN LIEU OF TAXES

Adoption of

R-93-220 A RESOLUTION OF MANATEE COUNTY, FLORIDA, AUTHORIZING THE

IMPOSITION AND PAYMENT OF CERTAIN PAYMENTS IN LIEU OF TAXES UPON

CERTAIN PROPERTY UTILIZED BY THE COUNTY'S UTILITY SYSTEM; PROVIDING

FOR THE AMOUNT, SOURCE AND PRIORITY OF SUCH PAYMENT; AUTHORIZING

PROPER OFFICERS OF THE COUNTY TO DO ALL OTHER THINGS DEEMED

NECESSARY OR ADVISABLE IN CONNECTION WITH THE IMPOSITION AND

COLLECTION OF SUCH PAYMENTS IN LIEU OF TAXES; AND PROVIDING FOR

SEVERABILITY AND FOR AN EFFECTIVE DATE.

RECORD S43-266 (End Consent)

BAD DEBTS - PUBLIC WORKS

Jim Seuffert, Office of Financial Management Director, advised that bad

debts of $103,835.24 to Water/Sewer Fund 401 and $37,179.53 to Solid

Waste Fund 480 for FY 1993, will be pursued for collection. He

reguested they be written off for accounting purposes.

Discussion: Whether debt is reported on customer's credit reports;

prohibiting customer from obtaining permits or doing business with the

County if utilities not paid, etc.

Disposition: County Administrator to bring back.

CITIZENS' COMMENTS

City of Palmetto Water and Sewer

Bill Jelen. City of Palmetto Councilman, requested the County merge

Palmetto water and sewer system with the County.

Discussion: Holding a work session with City; establishing a committee;

previous negotiations failed.

Disposition: Bring back for discussion by request of City Council.

Recycling - Amerecycle

Ed Voqler. representing Amerecycle, requested the Board proceed with

contract negotiations for the recycling bid award, as Amerecycle has

complied with the required process.

. '097

. .098


Discussion: Clarification regarding financial structure/bonds;

following due process; staff meeting with Amerecycle to discuss

concerns.

Disposition: Deferred to later in the meeting.

Anna Gayle House Funding

Mack Barr requested the Board provide funding for the community project.

ANNA GAYLE RESOURCE CENTER - FUNDING PROJECT

Elliott Metcaife, Public Defender, reported that $24,269 in cash and

pledges, $10,000 in-kind contributions and $8,100 challenge funds, have

been raised for the Anna Gayle Resource Center at U.S. 41/301 and

18th Street, Palmetto. He noted that refurbishing costs will be

$47,000.

Mr. Metcaife recognized members of the "Madd Dads", a neighborhood

organization, who have been patrolling the area for five weeks.

Sheriff Charles Wells reported that his office has been working with the

Madd Dads to.improve the appearance of this area.

Discussion: Conveyance of property to County; preparing operational

documents; resolving reversionary concerns with the U.S. Marshal.

Leigh .Moore, Drug Free Communities, requested that plans for the Center

include programs recommended by the community. ,

Disposition: Place on agenda August 26, 1993.

Recess/Reconvene. All members present except Mr. Stephens.

SOUTHERN WATER USE CAUTION AREA

John Zimmerman, Public Works, presented an overview of the Southern

Water Use Caution Area (SWUCA) draft management plan, with revisions and

recommendations by the County.

(Enter Mr. Stephens)

He noted that SWUCA and the Eastern Tampa Bay Water Use Caution Area

(ETBWUCA) were established by SWFWMD as study regions to evaluate a plan

regarding the region's Floridan aquifer water levels and water quality.

Discussion: Number of SWFWMD monitor wells; requiring Hillsborough to

develop surface water sources; well permitting; alternative water

sources; reallocating water permits; conservation; recycled water.

(Mr. McClash absent for a portion of discussion)

Mr. Zimmerman requested a letter (7/9/93) to Peter G. Hubbell, SWFWMD

Executive Director, (from Mrs. Glass) be confirmed and ratified with

added language:

Allocation Strategies

5. Existing users and future users of alternative sources

shall be granted emergency supply provisions to allow for

emergency groundwater withdrawals in the case of failure

of the alternative supply.

(Depart Mr. McClash)

Charles Hunsicker, Public Works Assistant Director, addressed a

resolution, prepared by the City of Bradenton, opposing SWFWMD's

anticipated tax increase.

Motion was made by Mr. Chetlain, seconded by Mr. Gause and carried

6 to 0, to confirm and ratify the letter to SWFWMD, as amended.

Mayor Bill Evers, City of Bradenton, reported on the County's water

resources/quality and SWFWMD's budget. He requested the Board support his resolution.

(Enter Mr. McClash)

Discussion: Taxation without representation; SWFWMD reform; legislation

regarding election of SWFWMD members; jeopardizing applications for

County water use permits; County received SWFWMD funding for watershed

land acquisition and effluent water lines; SWFWMD accountability. •


Motion was made by Mr. McClash, and seconded by Mrs. Hooper, directing

staff to bring back a resolution to oppose the increase. Voting "Aye"

were Mr. Gause, Mr. Chetlain, Mrs. Glass, Mr. McClash, Mr. Stephens, and

Mrs. Hooper. Voting "Nay" was Mrs. Harris. Motion carried.

GLENN CREEK WATER QUALITY IMPROVEMENT PROJECT

After discussion regarding undetermined costs for the Glenn Creek water

quality project (land acquisition and pond construction at 15th Street/

26th Avenue East), execution of the agreement with SWFWMD (on behalf of

the Manasota Basin Board) was deferred.

PEARCE DRAINAGE CANAL IMPROVEMENTS

Richard Wilford, Public Works Director, advised the time extension for

the Pearce Drainage Canal project was requested by Sky Construction

Properties, Inc., due to rain. He advised there will be no additional

cost to the County.

Mr. Gause moved to execute Change Order 1 with Sky Construction

Properties. Inc.. to increase contract time in 30-day increments

beginning July 23, 1993, for a maximum of 180 days to compensate for

rain. Motion was seconded by Mrs. Hooper and carried unanimously.

RECORD S43-267

RYE ROAD AND WATERLINE ROAD PAVING

Mr. Wilford advised that Rye Road and Waterline Road were identified as

high-use rural roads to be paved with gas tax funds.

Discussion: Bid differences in soil cement cost; why project was not a

participation project; list of roads to be paved and method for funding.

Motion was made by Mrs. Hooper, seconded by Mr. McClash and carried

unanimously, to award Bid No. 311244DC to the lowest responsive,

responsible bidder, Shirley Land Development. Inc.. in the amount of

$1,177,324; subsequently execute the contract; simultaneously date the

performance/payment bond; and accept insurance certificate.

Recess/Reconvene. All members present except Mrs. Glass.

PARTICIPATION PROJECT - SUNNY SHORES DREDGING

Public hearing (continued from June 15, 1993) was held to consider

Special Assessment Project No. 465-8309 - Sunny Shores

West of 118th Street West in the Sunny Shores Subdivision - begin

500 feet northeast of 40th Avenue West for a point of beginning,

thence northerly 1,350 feet into the mouth of the Palma Sola Bay

and

R-93-118 A RESOLUTION APPROVING SPECIAL CANAL DREDGING PROJECT

NO. 465-8309.

(Enter Mrs. Glass)

Janet McAfee, Public Works, noted that 13 parcels would benefit from the

improvements to consist of dredging to a depth of 3.5 feet mean low

water elevation. The cost per front foot would be $10.52 to property

owners with partial funding from West Coast Inland Navigation District

($7,000) and the County wastewater system ($10,000). She advised there

will be no SWFWMD funding.

Joseph Bratek, 3716 118th Street West, submitted a petition requesting

a $9.19 front-foot assessment be reconsidered due to damages done by

sewer contractors.

He addressed front-foot computations, drainage ditches (in Sunny Shores

and Sagamore Estates), and the original sewer project impacts.

Mr. Stephens moved adoption of R-93-118 approving the dredging of the

canal located at 118th Street West in the Sunny Shores Subdivision at a

cost of $9.19 per front-foot assessment to the residents. Motion was

seconded by Mrs. Glass.

Discussion: Source of funds for assessment reduction.

Motion carried unanimously.

099

RECORD S43-268

100


PARTICIPATION PROJECT - 57TH AVENUE EAST

Public hearing (continued from July 27, 1993) was opened to consider

Sanitary Sewer Assessment Project No. 8605 - 57 Avenue East

From Big Pittsburgh Drain west 780 feet to existing manhole.

and

R-93-178 A RESOLUTION APPROVING SPECIAL SANITARY SEWER

PROJECT NO, 8605.

Mrs. Harris reported that a meeting was held with residents (8/12/93) to

discuss alternatives. She requested the public hearing be continued to

obtain additional information and to investigate future plans for

improvements on 57th Avenue.

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

the public hearing to September 28, 1993, at 1:30 p.m. or as soon

thereafter as may be heard.

Discussion: Whether immediate sewer problems have been resolved;

notifying affected property owners of continuance.


STREET VACATION - 8INGLETARY ROAD

Public hearing (Notice in The Bradenton Herald 7/18/93) was opened to

consider application by Manatee County for the exchange of right-of-way

to realign Singletary Road and adoption of

. f •••

R-93-130-V RESOLUTION VACATING RIGHT-OF-WAY OF SINGLETARY ROAD

(HUGH TAYLOR WILL DEED LAND FOR A NEW RIGHT-OF-WAY)

Jim Staples, Public Works, stated it has been determined that AT&T has

cable within the right-of-way to be vacated and recommended this matter

be continued'until August 31, 1993, to resolve this issue.

Mrs. Hooper moved to continue R-93-130-V until August 31, 1993, at

1:30 p.m. or as soon thereafter as may be heard. Motion was seconded by

Mr. McClash and carried unanimously.

SOLID WASTE MASTER PLAN UPDATE

After discussion regarding: justification for an increase by R. W. Beck

& Associates to the original Solid Waste Master Plan; a written

financial report on Amerecycle; and retainage, Mr. Stephens moved to

execute Addendum 2 to extend agreement with R. W. Beck & Associates from

April 21, 1993, to December 31, 1993, for an additional $59,000 and an

adjusted total contract amount not to exceed $314,000. Motion was

seconded by Mr. Gause and carried unanimously.

RECORD S43-269

STAFFING RESOLUTION - TRANSIT

Fred Loveland, Community Services Director, advised that HRS-Medicaid

has increased funding for para-transit services and that an additional

office assistant is necessary to serve the added clients.

Motion was made-by Mr. Stephens, seconded by Mr. Chetlain and carried

unanimously, to adopt

R-93-211 A RESOLUTION ESTABLISHING AUTHORIZED STAFFING LEVEL

CHANGES BY JOB CLASSIFICATION FOR THE COMMUNITY SERVICES DEPARTMENT

UNDER THE JURISDICTION OF THE BOARD OF COUNTY COMMISSIONERS

(Increase in staffing level from 119 to 120)

RECORD S43-270

NATIONAL DEVELOPMENT COUNCIL - CONSULTING SERVICES

Carol Clarke, Planning, Permitting and Inspections Director, advised

that in anticipation of extending the original agreement (approved

12/3/91) with National Development Council, additional technical

assistance was provided to the County for Affordable Housing and

Community and Economic Development programs in the amount of $10,000.

Discussion: Services provided without a contract.


A motion to reduce the final payment to $5,000 was withdrawn.

Ms. Clarke outlined services provided January 1 to March 31, 1993,

stating $10,000 represents the original contract charges for three

months.

Disposition: Staff to bring back accounting value of the technical

assistance provided.

GRANT - RECLAIMED WATER TRANSMISSION LINE

Mr. Hunsicker requested execution of a first amendment to agreement

(12/8/92) with SWFWMD (and on behalf of Manasota Basin Board), for

construction of reclaimed water transmission line (Project P183) from

U.S. 41 at 60th Avenue West along 60th Avenue/Pittsburgh Drain to Sara

Bay Development, extending the date for commencement of construction to

October 25, 1993 (original date July 1, 1993).

Mr. Chetlain moved approval. Motion was seconded by Mr. McClash.

Discussion: Whether approval eliminates funding for a project in east

County; cost comparisons for lines east/west; water shortage east;

possible tie-in to S.R. 70 future improvements; loss of SWFWMD funds if

contract not extended; Board discussed/approved areas to receive reuse

lines from the Southwest plant; most cost effective effluent options

were chosen in order to receive federal funds; storage of effluent;

setting a work session to discuss reuse transmission lines.


RECORD S43-271

9TH STREET EAST DESIGN STANDARDS

Kurt Jensen, Larson Engineering, submitted three alternate design

standards for the 9th Street East (U.S. 301 to S.R. 64) road improvement

project and addressed current zoning/uses.

Mr. Jensen outlined alternatives to address traffic, pedestrians,

bicyclists, landscaping, and medians. He recommended Alternate 3, which

is 4 lanes with a center turn lane (5 lanes) , from Manatee Avenue to

13th Avenue East, and landscaping; medians at various locations from

13th Avenue East to U.S. 301; and an 8-foot multi-purpose path on the

west side and 5-foot sidewalk on the east side (on 9th Street East).

(Mrs. Glass absent for portion of discussion)

A letter from Tropicana Products, Inc. (8/13/93), recommending a 5-lane

section and multi-purpose path, was submitted.

Also submitted: 1) letter (8/16/93) from the Manatee County Bicycle &

Pedestrian Advisory Board recommending Alternate 2, 5-foot sidewalks and

4-foot designated bike lanes on each side of the street; 2) letter

(8/16/93) from Manatee Chamber of Commerce encouraging landscaping on

the perimeter of the road and at key intersections.

Alan Prather, Attorney representing Tropicana, opposed medians for

safety reasons (industrial traffic); he opposed a bike path in the road.

Discussion: Whether City of Bradenton has been included in project

discussions; bicycle paths; etc.

Motion was made by Mr. Gause, seconded by Mr. McClash and carried

unanimously, to approve 5 lanes with no medians.

Mr. Gause moved to approve Alternate 3. Motion was seconded by

Mr. Stephens.

Discussion: Wider bike paths; need to discourage bike traffic in the

truck traffic area; marking bike path.

Voting "Aye" were Mr. Gause, Mr. Stephens, Mrs. Hooper, and Mrs. Harris.

Voting "Nay" were Mr. Chetlain, Mrs. Glass, and Mr. McClash. Motion

carried.

101

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AUGUST 17, 1993 (Confd)

9TH AVENUE NORTHWEST DESIGN STANDARDS

Ms. McAfee stated that a public meeting was held with property owners on

July 21, 1993, to review design standards for Project 3166, 9th Avenue

Northwest. A tabulation revealed that property owners favored staff's

recommendation of a swale section drainage, no curb, and utilization'of

the existing drainage and sidewalks on the north side.

Mr. Gause moved approval of construction standards. Motion was seconded

by Mrs. Glass and carried unanimously.

RURAL ROAD PAVING - TEMPORARY FINANCING

Ms. McAfee reported the Board authorized staff to proceed with paving

rural thoroughfare roads (11/10/92) utilizing impact fees and short-term

borrowing to be permanently financed when financially advisable.

She recommended adoption of

R-93-221 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,

MANATEE COUNTY FLORIDA, AUTHORIZING AN INTERFUND LOAN FOR TEMPORARY

FINANCING OF CERTAIN RURAL ROAD PAVING PROJECTS AND FOR LOCAL ROAD

ASSESSMENT PROJECTS.

(authorizing temporary loan not to exceed $3,000,000 from the Local

Option Gas Tax Funds 319 and 321 to the budget account created for

paving certain rural roads and the account created for local road

assessments)

Mrs. Glass moved to adopt R-93-221. Motion was seconded by Mrs. Hooper

and carried unanimously.

RECORD S43-272

STORM DAMAGE CLEANUP

Gus DiFonzo, Public Works, stated that recent storms have brought forth

the need to define cleanup policies and procedures for maintenance of

utilities and cleanup of debris. He outlined the policy and recommended

approval.

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

the Major Storm Debris Removal and Disposal Policy.

Discussion: Resident responsibility in emergency/non-emergency.


RECORD S43-273

STREET LIGHTING - CORTEZ ROAD WEST

Harry Mendenhall, Public Works, stated that FDOT proposed to install

street lights on the north side of Cortez Road West between 28th Street

and U.S. 41. After installation the County would be responsible for

maintenance. He recommended approval.

(Depart Mrs. Glass)

Discussion: Need for lights from U.S. 41 to 1st Street;, need for

sidewalks along Cortez Road; looking at other areas that need lights.

Mr. Stephens moved to adopt

R-93-218 A RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY LIGHTING

AGREEMENT FOR THE ADJUSTMENT, RELOCATION AND/OR INSTALLATION OF

CERTAIN LIGHTING SYSTEM WITHIN THE RIGHT-OF-WAY LIMITS HEREINAFTER

DESCRIBED, AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT.'

(Cortez Road between 28th and 14th Streets West/U.S. 41/S.R. 45)

Motion was seconded by Mr. McClash and carried 6 to 0. ,„ „-,/

RECORD |^:^

CORTEZ ROAD IMPROVEMENTS

Ms. McAfee advised that the utility portion of the bid for Cortez Road

improvements (from Independence Drive to 119th Street West) was higher

than anticipated and recommended an additional $85,189.72 for FDOT to

relocate utilities (water/wastewater mains). She stated that County

personnel are committed to other projects and if the job had to be bid,

it could result in costly delay claims; against the County. > '

(Enter Mrs. Glass)


Motion was made by Mr. McClash, and seconded by Mr. Stephens, to fund an

additional $85,189.72 to JPA 6525 with FDOT.

Discussion: Obtaining set of median plans from FDOT.

y.

^Motion carried unanimously.

PERSONNEL - CLAIMS FISCAL POLICIES AND PROCEDURES MANUAL

Joseph Jarret, Assistant County Attorney, stated a Workers' Compensation

and General Liability Claims Fiscal Accountability Policies and

Procedures manual has been prepared establishing guidelines for County

personnel to timely process claims as well as recover subrogation

monies.

He recommended adoption of

R-93-223 A RESOLUTION ESTABLISHING POLICIES AND PROCEDURES

RELATING TO THE PROCESSING AND PAYMENT OF WORKERS' COMPENSATION AND

LIABILITY CLAIMS BY MANATEE COUNTY.

Mr. McClash moved adoption of R-93-223. Motion was seconded by

Mrs. Glass and carried unanimously.

RECORD S43-276

PERSONNEL - CLAIMS REPORTING PROCEDURES MANUAL

Mr. Jarret submitted a Supervisors' Claims Reporting Procedures Manual

outlining duties and responsibilities for County personnel to report

workers' compensation claims in a timely and accurate manner.

Mr. McClash moved to adopt the policies and procedures relating to the

reporting, investigation and processing of general liability and

workers' compensation claims asserted against Manatee County. Motion

was seconded by Mr. Stephens and carried unanimously.

RECORD S43-277

LAWSUITS - WORKERS' COMPENSATION CASES

H. Hamilton Rice, Jr., County Attorney, announced that Mr. Jarret would

be leaving the County to become a prosecuting attorney in Polk County,

and requested workers' compensation cases for Joycelyn N. Lewis, Claim

No. 265-59-4515, and James dark. Claim No. 305-40-2914, be assigned to

special counsel, O'Riorden, Mann, Hootman, Ingram & Dunkle, P.A.

Mr. McClash so moved. Motion was seconded by Mr. Chetlain and carried

unanimously.

Mr. Rice introduced Bonnie Twerdowsky, a student from Stetson Law

School, who will intern in the County Attorneys' office this semester.

HOUSING AUTHORITY - AFFORDABLE HOUSING

Karen Jackson-Sims, Assistant County Attorney, requested execution of a

letter supporting the application by Manatee County Housing Authority to

the U.S. Department of Housing and Urban Development for Section 8

rental assistance.

Motion was made by Mr. Stephens, seconded by Mrs. Hooper and carried

unanimously, authorizing the Chairman to execute a letter supporting the

application.

TRAVEL

Upon motion by Mr. Gause and second by Mr. Chetlain, travel to New York

on August 28, 1993, was unanimously approved for Mrs. Harris and Mr.

Stephens to attend bond negotiations.

COMMISSIONERS' COMMENTS

School Board Sales Tax Referendum

Announcement was made that the School Board is proposing to postpone the

sales tax referendum until after January 1994.

Island Trolley Project

The Chairman requested the County Administrator assign a representative

to meet with island communities to discuss the island trolley project.

103

104

AUGUST 17, 1993 (Confd)

8WFWMD Issues

Request was made that SWFWMD representatives be invited to attend the

next Board meeting to address budget and other issues of concern.

Disposition: Referred to the County Administrator.

Tropical Shores Participation Project

Mr. Chetlain requested a status report regarding the road and sewer

project in Tropical Shores Subdivision.

Code Enforcement

Request for clarification as to Code Enforcement officer designations.

Disposition: Referred to work session (8/30/93).

DeSoto center Acquisition

Mr. Gause requested clarification as to basis of the DeSoto Center

appraisal regarding property and income.

Personnel

Mr. Gause requested that personnel reclassification/pay policy and staff

accountability, be reviewed.

Disposition: Referred to County Administrator.

RECYCLING - AMERECYCLE (Cont'd)

Stephen Goldberg, Amerecycle, stated that Amerecycle is requesting that

contract negotiations proceed in order to resolve RFP issues of concern

(negotiations were authorized 3/16/93).

Rob Cuthbert, Purchasing Director, advised that Aroerecycle did not

provide specific information the County requested (7/7/93) regarding

performance and financial capabilities in the form of letters of credit.

He recommended that staff and consultants meet with Amerecycle to

address issues.

Discussion: Bringing back written financial report from County

consultants (R. W. Beck and Kidder Peabody); bond responsibility;

clarifying procedures should a top-ranked vendor not meet criteria;

following RFP process.

Mr. Goldberg stated that Amerecycle would meet with staff and

consultants if required within the process.

Mr. Rice advised that financial and performance issues must be resolved

prior to contract negotiations. He noted that any vendor responding to

the RFP would need to meet the same fiscal/financial requirements.

Disposition: Staff, consultants and Amerecycle to meet regarding

outstanding issues of the RFP and provide Board with a written report;

and, clarify process to be followed if the top-ranked firm does not meet

requirements.

TAMPA BAY REGIONAL PLANNING COUNCIL

The Chairman recommended a letter be prepared advising the Tampa Bay

Regional Planning Council that the County will not withdraw from the

Council at this time.

Motion was made by Mr. McClash, seconded by Mr. Chetlain and carried

unanimously, that the County not withdraw from TBRPC and a letter be

prepared advising this action.

MEETING ADJOURNED

There being no further business, the meeting was adjourned.

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