october 3. 1995 the board of county commissioners, manatee ... · 10/3/1995 · commissioners to...

OCTOBER 3. 1995

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

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

Bradenton, Florida, Tuesday, October 3, 1995, at 9:02 a.m.

Present were Commissioners:

Stan Stephens, Chairman

Patricia M. Glass, First Vice-chairman

Joe McClash, Second Vice-chairman

John Gause, Third Vice-chairman

Lari Ann Harris

Maxine M. Hooper

Gwendolyn Y. Brown

Also present were:

Ernie Padgett, County Administrator

H. Hamilton Rice, Jr., County Attorney

Judy LaMee, Director of Communications and Development,

representing R. B. Shore, Clerk of Circuit Court

Invocation by Rev. Paul Scheele, First Congregational Christian Church.

The meeting was called to order by Chairman Stephens.

All witnesses/staff giving testimony were duly sworn.

PROCLAMATIONS

Mental Illness Awareness Week

Upon motion by Mr. McClash and second by Mrs. Glass, a Proclamation was

unanimously adopted designating October 1-7, 1995, as Mental Illness

Awareness Week.

Accepting the Proclamation were representatives of the Alliance for the

Mentally 111. RECORD S44-1953

Convention and Civic Center Employee's Day

Motion was made by Ms. Brown, seconded by Mrs. Harris and carried

unanimously, to adopt a Proclamation designating October 3, 1995, as

Convention and Civic Center Employees/ Day.

Larry White, Civic Center Director, and employees accepted the

Proclamation. RECORD S44-1954

National 4-H Week

Upon motion by Mrs. Hooper and second by Mrs. Glass, a Proclamation was

unanimously adopted designating October 1-7, 1995, as National 4-H Week.

Accepting the Proclamation was Mary Hamilton, 4-H Program Assistant, and

local 4-H members and leaders. RECORD S44-1955

United Way - County Government Kick-off Week

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

unanimously, to adopt a Proclamation designating the week of October 3,

1995, as County Government Kick-Off Week.

Present to accept the Proclamation were representatives from United Way

and the County coordinators. RECORD S44-1956

CITIZENS COMMENTS

Brawin Palms Dredging ^Jeff/s Cowpen Creek/Elwood Park)

Jim Holdsworth requested the County be responsible for dredging the

Cowpen Creek behind properties on 41st Street East.

Note: Action later in the meeting.

CONSENT AGENDA

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

dated October 3, 1995, was unanimously approved with the deletion of an

agreement with Manatee Bankers for Affordable Housing (separate action).

ITEMS APPROVED:

44/505

44/506

OCTOBER 3, 1995 (Cont'd)

CLERK OF CIRCUIT COURT

CLERKS CONSENT CALENDAR

BILLS FOR PAYMENT

Carlton, Fields, et al - MMH Indigent Care Agmt

T. W. Althof Co - Housing Rehab/Repairs (Sutton)

Comparative Utility Rate Survey

SWFWMD Regulations Impact on Rates

Black & Veatch

Black & Veatch

Black & Veatch

Black & Veatch

Black & Veatch

Black & Veatch

Camp Dresser & McKee

Camp Dresser & McKee

Detention Facility:

Folger Adam Co - Gate Locks

Rate Consultant

Wastewater Reuse Rates

Chloride Reduction Schedule/Longboat Key

SEWWTP Pond Effluent Storage

Stormwater Mgmt Master Plan (5/27/95) 82,580.04

Stormwater Mgmt Master Plan (7/29/95) 10,308.75

$ 1,545.19

14,135.00

1,394.53

4,574.16

643.05

3,842.64

574.86

3,986.80

HDR Engineering, Inc -



HRS Public Health Unit

HRS Public Health Unit

Lena Rd Landfill/Financial Assurance

Lena Rd Landfill/Recyle Grant Tables

Part Pymt, Lena Rd Landfill Closure

- Hepatitis B Shots (Employees)

- TB Testing (Employees)

Req 4, Lena Road Landfill Closure

2,293.40

4,631.26

4,470.74

26,016.63

350.00

288.00

224,342.00 S & E Contractors

WARRANT LIST

Approve: September 28, 1995 through October 2, 1995

Authorize: October 3, 1995 through October 9, 1995

AUTHORIZE CHAIRMAN TO SIGN

Satisfaction of Judgment - Steven Sherman, Case 94-3437T ($50)

ACCEPT

Southern Manatee Fire & Rescue District - Budget for FY 1995-1996

adopted on September 20, 1995.

Cedar Hammock Fire Control District - Budget for FY 1995-96 adopted

on September 21, 1995.

Lakewood Ranch Community Development Districts I & II - Minutes of the

Board of Supervisors of each District meeting held August 3, 1995.

COUNTY ADMINISTRATOR

TRAVEL

Commissioners to Toronto, Ontario, Canada, November 7-12, 1995, to

attend the National Association-of Regional Councils Board of Directors

meeting.

LEGISLATIVE LIAISON SERVICES

Accept Letter Agreement with Betty J. Steffens^ Attorney at Law, for

legislative liaison services for the 1996 regular legislation session.

RECORD S44-1957

LITTER CONTROL AND PREVENTION GRANT

1. Adopt

R-95-278 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF

GRANT FROM THE FLORIDA

UNDER THE LITTER CONTROL

MANATEE COUNTY, FLORIDA, ACCEPTING A

DEPARTMENT OF ENVIRONMENTAL PROTECTION.

AND PREVENTION PROGRAM

(accept $20,294 and authorize Chairman or Vice-chairman to execute

all appropriate documents for grant acceptance; agreement). S44-1958

RECORD S44-1959

2. Execute the Interlocal Agreement with Keep Manatee Beautiful. Inc..

for implementation of the litter control and prevention grant.

RECORD S44-1960

MANATEE COUNTY FAIR

Execute License Agreement for Exhibitors and Concessionaires with

the Manatee River Fair Association for Ayers Building, booths 206-

208, January 22-28, 1996. RECORD S44-1961

PERSONNEL POLICY

Adoption of

1. R-95-160 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF

MANATEE COUNTY, FLORIDA, PROVIDING FOR CHANGE IN PERSONNEL POLICY

AND TRANSFER OF EXCESS ANNUAL LEAVE TO SICK LEAVE (Sections VII-A/1

and 6; maximum leave 240 hours regardless of length of service;

transfer on an hour to hour basis at end of year). RECORD S44-1962

2. R-95-279 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF

MANATEE COUNTY, FLORIDA, AMENDING RESOLUTION 94-283, POLICY ON DRUG

AND ALCOHOL TESTING OF EMPLOYEES

(amending Section XIX, Drug Free Workplace Program). RECORD S44-1963

OCTOBER 3. 1995 (Cont'd)

PERSONNEL

1. Transfer 177.08 hours of accrued sick leave for Tracy Bacon from

the Clerk of Circuit Court to the County/Public Safety.

2. Authorize Braxton Ezell. Hearing Officer and Beverly Poor, Court

Reporter, to retain original employment date, current rate of pay

and current accrual balances for lateral transfers within the

Twelfth Judicial Circuit.

FEE WAIVER - POLICE ATHLETIC LEAGUE

Parks and Recreation to waive facility fees for use of the gym and

aquatic center by the Police Athletic League*s After Care Program.

BUFFALO CREEK GOLF COURSE

Parks and Recreation to hold a nine-hole, early bird riding golf

special for $12 from October 14, 1995, through April 23, 1996.

ANNA MARIA ISLAND PRIVATEERS CHRISTMAS PARADE

Execute agreement with the Anna Maria Island Privateers to: use

Coquina Beach north pavilion on December 9, 1995, as final

destination of Christmas parade; distribute free gifts, hot dogs

and soda; sell Privateer T-shirts; collect food and gifts for

Adopt-A-Family; (accept insurance certificate). RECORD S44-1964

PARTICIPATION PROJECTS

Adopt resolutions modifying road and sewer assessment rolls

regarding splitting and/or combining parcels:

R-95-270 A RESOLUTION MODIFYING THE SPECIAL ASSESSMENT ROLLS FOR

ROAD ASSESSMENT PROJECT 5075 - 21ST STREET WEST.

(Property owners: Lillie Mae Moran; Mary Cook) RECORD S44-1965


SANITARY SEWER ASSESSMENT PROJECT 5148 - ONECO.

(Property owners: Oneco Community Baptist; Norman and Bobby

Pinardi) RECORD S44-1966


SANITARY SEWER ASSESSMENT PROJECT 301-2508 - ORANGE RIDGE.

(Property owner: Stanley F. Lapham) RECORD S44-1967


ROAD ASSESSMENT PROJECT 5147 - SAMOSET.

(Property owners: Francis Ross; A & J Joint Venture) RECORD S44-1968


SEWER ASSESSMENT PROJECT 5147 - SAMOSET.

(Property owners: William M. Jr. and Bessie Armstead; Blaine and

Edna Drake; Dale and Patricia Eason; Francis Ross; A & J Joint

Venture) RECORD S44-1969


SANITARY SEWER ASSESSMENT PROJECT 5152 - WASHINGTON PARK.

(Property owners: Irene Corbett; Vannie Corbett Rumph) RECORD S44-1970


ROAD ASSESSMENT PROJECT 5062 - WEST MEMPHIS.

(Property owners: Manatee County Habitat for Humanity; L. D. and

Earlie Eady) RECORD S44-1971


SEWER ASSESSMENT PROJECT 301-2507 - WEST MEMPHIS.

(Property owners: Manatee County Habitat for Humanity; Hilda

Futch; L. D. and Earlie Eadv) RECORD S44-1972

CORTEZ ROAD LANDSCAPING

Execute Highway Landscaping Agreement with Florida Department of

Transportation for the long term operation and maintenance of

Cortez Road landscaping (from 75th Street to 119th Street West).

RECORD S44-1973

COLLECTION OF NON AD VALOREM ASSESSMENTS

Set public hearing on November 14, 1995, at 2:00 p.m., or as soon

thereafter as possible to consider adoption of


MANATEE COUNTY, FLORIDA, PROVIDING THE INTENT OF THE BOARD TO USE

THE UNIFORM METHOD FOR COLLECTING NON-AD VALOREM ASSESSMENTS FOR

ROAD PAVING, SANITARY SEWER, STORMWATER, STREET LIGHTING, CANAL

DREDGING, DRAINAGE IMPROVEMENT AND LANDSCAPE BEAUT IFICAT I ON

PROJECTS AUTHORIZED PURSUANT TO CHAPTER 197, FLORIDA STATUTES;

STATING THE NEED FOR THE LEVY OF NON-AD VALOREM ASSESSMENTS,

INCLUDING A LEGAL DESCRIPTION OF THE BOUNDARIES OF THE REAL

PROPERTY SUBJECT TO THE LEVY, AND PROVIDING AN EFFECTIVE DATE

(1996).

(Note: See document for list of projects.) RECORD S44-1974

44/507

44/508


UTILITIES - TIME PAYMENT AGREEMENTS

Execute and record agreements for FIF^s, connection and line

extension charges with: George B. and Loutreause M. Wallace;

Tiberio C. and Josephine Pereira; Claudia Fountain; Julia Perry;

and M. C. and Lillie Mae McCarter. RECORD S44-1975-

WASTE TIRE GRANT S44-1979

Adopt


MANATEE COUNTY, FLORIDA, AUTHORIZING THE ACCEPTANCE OF A WASTE TIRE

GRANT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR

THE WASTE TIRE SHREDDING PROGRAM

($159,219; accept grant; authorize Chairman or Vice-chairman to

execute all appropriate documents; agreement). RECORD S44-1980

DEEDS AND EASEMENTS S44-1981

1. 27th Avenue East - Warranty Deed from Pontons Auto Service. Inc.;

Affidavit of Ownership and Encumbrances as required by final site

plan; Partial Release from Barnett Bank of Manatee.

2. Rex Road and River Road - Quitclaim Deeds (3) from Samuel Addison

Cornwell. Jr. ; Affidavits of Ownership and Encumbrances for road

improvement rights-of-way.

3. Terra Ceia Island - Quitclaim Deed to Fred L. Wolf. conveying

utility easement for water line, which was not used.

STATE ROAD 70 - RELOCATION EXPENSES

1. Reimburse Hyrom and Lillie Parker for relocation expenses incurred

by road improvements (3203 53rd Avenue East), $2,195.

2. Pay rent and relocation expenses for Paul Perez incurred by road

improvements (3918 53rd Avenue East), $1,520.

MATERIALS AND SERVICES

Aerator Motor - Award IFB 528095AA to the lowest responsive,

responsible bidder, Mader Electric. Inc.. for the North County

Treatment Plant, $28,641.84.

COMPUTER HARDWARE/SOFTWARE MAINTENANCE

Sole source purchase from Geopower Technologies. Inc.. (Land

Information System) for an annual cost of $65,500; execute Master

Service Agreement; and Supplementary Conditions. RECORD S44-1982

PAPER AND ALUMINUM CANS -, S44-1983

Award IFB 531706KK to Waste Management of Manatee County for the

collection and sale on an as required bases; execute agreement.

RECORD S44-1984

EMPLOYEE HEALTH BENEFITS

Enter contract negotiations with the following top-ranked firms in

accordance with RFP 541059DMR: 1) Trans-General Insurance Company

for core and optional life insurance; 2) Liberty Mutual Insurance

Company for core long-term and additional long-term disability

insurance; 3) Delta Dental Insurance for group dental insurance.

SURPLUS PROPERTY

Classify excess property as surplus property per Florida Statute

274.05 to enable appropriate disposition; and adopt

R-95-261 RESOLUTION AUTHORIZING THE CONVEYANCE OF COUNTY OWNED

PERSONAL PROPERTY UNDER PROVISIONS OF CHAPTER 125.38, FLORIDA

STATUTES (conveying two 1988 Chevy pickup trucks to Sheriff).

RECORD S44-1985

SIDEWALK CONSTRUCTION S44-1986

Execute Change Order I/Final with Central Florida Contractors. Inc.

for sidewalks in the area of Stewart and Moody Elementary Schools,

decreasing contract $19,532 and adding 14 days to completion

(adjusted contract amount, $59,434.60; completion date, 8/21/95).

RECORD S44-1987

BUDGET AMENDMENTS

Adopt Budget Amendment Resolutions

COMMUNITY SERVICES (B-95-174)

Increase Revenue/Expenditure: Appropriates monies for the

Alzheimer^s Disease Initiative Grant $50,550

RECORD S44-1988

CIVIC CENTER (B-95-175/1&2)

Item Transfers: Transfers funding from the Civic Center Operating

Fund to the Civic Center/CVB office and storage renovation project.

$7,650

Increase Revenue/Expenditure: $7,650 S44-1989

RECORD S44-1990

OCTOBER 3, 1995 (Cont^d)

PARKS AND RECREATION/GOLF COURSE (B-95-176)

Item Transfers: Increases appropriations in Golf Course

Maintenance for the drainfield mound septic system. $5,000

RECORD S44-1991

PARKS AND RECREATION/IMPACT FEES (B-95-177/1&2)

Item Transfers: Transfers unexpended funds from closed Parks

Impact Fee projects and returns monies contributed by other impact

fee districts. $86,260

Increase Revenue/Expenditure: $86,260844-1992

RECORD S44-1993

PUBLIC SERVICES/PROJECT MANAGEMENT (B-95-178/1-5)

Item Transfers: Appropriates additional monies to Braden River

Park in the amount of $294,850 to cover costs incurred for

construction of the park; not including monies for additional

improvements or remedial work on retention areas which is budgeted

for FY 1995-96. $223,503 S44-1994

Item Transfers: $90,000 S44-1995

Increase Revenue/Expenditure: $313,503 S44-1996

Item Transfers: $59/722 S44-1997

Decrease Revenue/Expenditure: $84/132 S44-1998

RECORD

PUBLIC SERVICES/PROJECT MANAGEMENT (B-95-179)

Item Transfers: Increases appropriations for the SR 70 from U.S.

301 to 45th Street East project. $800,000

RECORD S44-1999


Item Transfers: Reduces appropriations to the closed Linger Lodge

project and transfers unexpended monies to Reserve for Capital

Projects. $9,475

RECORD S44-2000


Item Transfers: Reduces appropriations to the Southwest Expansion

to Wet Weather Improvements Project and transfers unexpended monies

to Reserve for Capital Projects. $2,160

RECORD S44-2001


Item Transfers: Increases appropriations for the Terra Ceia

waterlines project and decreases appropriations in the bond

issuance expense account in Fund 412. $14,183

RECORD S44-2002


Item Transfers: Closes the four EPA administration grant projects

and transfers unexpended monies to Reserve for Capital Projects.

$134,659

RECORD S44-2003


Item Transfers: Adjusts funding for the SR 70 from 45th Street

East to Braden River/FDOT 6515, and SR 70 from U.S. 301 to 45th

Street East/FDOT 6512 projects, based on revised estimates.

$11,500

RECORD S44-2004


Item Transfers: Increases appropriations for the 51st Street East

sanitary sewer project. $40,000

RECORD S44-2005

NON DEPARTMENTAL/CROSLEY ESTATE (B-95-186/1&2)

Increase Revenue/Expenditure: Appropriates funds for a portion of

the County match for the Seagate/Crosley Estate renovation grant.

$75,000

Item Transfers: $75,000 S44-2006

RECORD S44-2007

NON DEPARTMENTAL/CROSLEY ESTATES (B-95-187)

Increase Revenue/Expenditure: Transfers tho Seagate/Crosley Estate

grant monies from a grant fund to a project for accounting purposes

and rescinds B-95-059. $216,840

RECORD S44-2008

NON DEPARTMENTAL/GENERAL COUNTY (B-95-188/1&2)

Item Transfers: Increases appropriations to the General County

cost center for the 6th Avenue complex roof repairs. $150,000

Decrease Revenue/Expenditure; $150,000 S44-2009

RECORD S44-2010

44/509

44/510


NON DEPARTMENTAL/CAPITAL PROJECTS (B-95-189)

Items Transfers: Appropriates funds for architectural services for

Courthouse Annex and First Union building renovations.

$180,000

RECORD S44-2011

NON DEPARTMENTAL/COURT REPORTER (B-95-190)

Increase Revenue/Expenditure; Appropriates monies for the Fiscal

Year 1994-95 portion of the Court Reporter Grant in Aid for court

reporter services. $3,389

RECORD S44-2012

NON DEPARTMENTAL/VARIOUS (B-95-191)

Item Transfers: Adjusts allocated direct support charges in the

non-constitutional officer portion of elected officials budgets.

$209,000

RECORD S44-2013

SHERIFF/ADMINISTRATION (B-95-192)

Item Transfers: Provides funding for the Iron Sharpening Iron

community service program from Fund Balance in the Special Law

Enforcement Trust fund. $10,000

RECORD S44-2014

VARIOUS (B-95-193)

Item Transfers: Adjusts various cost centers for amounts projected

to be expended by the end of the fiscal year. $10,613

(End Consent Agenda) RECORD S44-2015

STATE HOUSING INITIATIVE

Motion was made by Mr. McClash and seconded by Mr. Gause to execute

agreement for non-profit agency services with Manatee Bankers for

Affordable Housing to provide homeownership counseling, $20,785

(approved 9/12/95 under Resolution R-95-232). Motion carried 5 to 2,

with Mrs. Harris and Ms. Brown voting nay. RECORD S44-2016

CROSLEY ESTATE

Mrs. Glass reported on a request by the American Society of Interior

Designers (ASID), a not-for-profit organization, to use the Crosley

Estate for a design showcase during the month of March 1996.

Robert Henry, representing ASID, outlined the plan for ASID members to

furnish each room and sell tickets for the showcase.

Bill Tidmore, ASID, pointed out the benefits to the county and community

with the proposed upgrading, which will also generate public interest.

Discussion: Local community organizations assisting with project;

possible fund raising events; preserving historical character of

interior; financial accounting of project; bringing forth an agreement.

Barbara Harvey, Crosley Estate Foundation, supported the project.

Motion was made by Mrs. Harris, seconded by Mrs. Glass and carried

unanimously, to allow the ASID organization to work with the county to

do a showcase in Manatee County and work with local not-for-profit

agencies at the Crosley Estate.

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

ZONING

Public hearings (continued from 9/28/95) were held to consider

Z-95-12 COUNTY INITIATED/IMC-AGRICO COMPANY - A/WP-M/8T

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

OFFICIAL ZONING ATLAS OF MANATEE COUNTY ORDINANCE 90-01, THE

MANATEE COUNTY LAND DEVELOPMENT CODE, RELATING TO ZONING WITHIN THE

UNINCORPORATED AREA OF MANATEE COUNTY; PROVIDING FOR THE REZONING

OF CERTAIN LAND FROM EX/WP-M/ST TO A/WP-M/ST ON 316 ACRES LOCATED

ON THE SOUTHEAST OF STATE ROAD 37 AND NORTH OF STATE ROAD 62 AT THE

INTERSECTION OF SAID ROADS; PROVIDING AN EFFECTIVE DATE.

Planning Commission recommended ADOPTION.

and

and

and


Z-95-13 COUNTY INITIATED/DURHAM L. ALTMAN TRUST - EX

ORDINANCE OF THE COUNTY OF MANATEE COUNTY, FLORIDA....; PROVIDING

FOR THE REZONING OF CERTAIN LAND FROM A TO EX ON 310 ACRES LOCATED

ON THE EAST OF STATE ROAD 37 AT THE INTERSECTION OF MANATEE,

HILLSBOROUGH, HARDEE AND POLK COUNTIES; PROVIDING AN EFFECTIVE

DATE.


ORDINANCE 95-41; IMC-AGRICO COMPANY (FOUR CORNERS MINE^ - DRI 5

ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY,

FLORIDA, RENDERING AN AMENDED DEVELOPMENT ORDER PURSUANT TO CHAPTER

380, FLORIDA STATUTES, ON AN APPLICATION FOR AMENDMENT BY A NOTICE

OF PROPOSED CHANGE FILED BY IMC-AGRICO COMPANY FOR FOUR CORNERS

MINE DEVELOPMENT OF REGIONAL IMPACT; PROVIDING FOR SEVERABILITY;

AND PROVIDING AN EFFECTIVE DATE

(amending conditions within Ordinances 91-62 and 92-64: amending

legal description to include previous unrecognized areas of land

[transfer of development rights]; combining ordinances into one

ordinance; and determination whether amendments constitute a

substantial deviation).


Note: If rezoning (Z-95-12 and Z-95-13) does not occur within one

year of adoption of this Ordinance, this Ordinance shall be null

and void.

R-95-262 A RESOLUTION OF MANATEE COUNTY, FLORIDA, GRANTING

APPROVAL OF A MASTER MINING PLAN AMENDMENT AND APPROVAL OF AN

OPERATING PERMIT TO IMC-AGRICO COMPANY, FOR THE FOUR CORNERS MINE,

PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.

Charles Hunsicker, Public Services, stated these requests are in keeping

with the County's objective to protect the Lake Manatee Watershed.

Michael Pendley, Planning, Permitting and Inspections, outlined Z-95-12

(land outside watershed) and Z-95-13 (land inside watershed) and pointed

out locations and surrounding land uses consistent with the request.

He noted that Ordinance 95-41 is the Notice of Proposed Change to the

Four Corners Mine DRI if properties (identified in Z-95-12/County

acquiring from Altman Trust and Z-95-13/currently owned by IMC-Agrico)

are exchanged. IMC-Agrico is requesting that development rights be

transferred to the new property and the water quality monitoring study

period continue for three years, not five years.

Mr. Pendley advised that staff recommended approval and that a second

public hearing will be held to consider Z-95-12 and Z-95-13.

Mr. Pendley submitted revised language for Ordinance 95-41, Section 5,

Definitions:

H. "Extended Four Corners Mine" shall mean that portion of Four

Corners Mine located in Manatee County and that portion of

Four Corners Mine as originally approved by Hillsborough and

Polk Counties as illustrated on Map A which is attached as

Exhibit B dated July 24, 1995. The Developer shall notify

Manatee County of any amendments to any approved DRI in the

Extended Four Corners Mine.

Sam Johnston, Environmental Science and Engineering, County consultants

at the Four Corners Mine, outlined the water quality monitoring program

and stated that excavation impacts can be detected in three years.

Discussion: Whether three-year monitoring program would provide ample

information; reduction of monitoring from five to three years; removal

of mining parcel from watershed will reduce monitoring time/funding;

current site has no data to analyze; IMC-Agrico must meet mining

standards; etc.

(Mrs. Glass absent for part of discussion)

44/511

44/512


Patricia Petruff, representing IMC-Agrico, advised that all required

agencies have been noticed of the proposed change, and concurred with

the Development Order and Operating Permit amendments.

She advised that IMC-Agrico is discussing the sale of seven acres to

adjacent property owners and addressed monitoring, moving operations to

new site, mining the 170 acres/amending monitoring plan and funding from

severance tax fees.

Neal Parker, Mining Coordinator, stated that changes to the Master

Mining Plan and Development Order are not substantial and will result in

less impact to the areas of interest.

Mark Barnebey, Assistant County Attorney, stated that revisions to the

DRI and Operating Permit are contingent upon Z-95-12 and Z-95-13 being

adopted and recommended adoption of Ordinance 95-41 and R-95-262.

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

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

requested change to the approved Development Order to be consistent with

the Manatee County Comprehensive Plan and the Manatee County Land

Development Code, and not constituting a substantial deviation pursuant

to Section 380.06, Florida Statutes, for the Four Corners DRI (current

Ordinance 91-62 and Ordinance 92-64), as approved by the Board of County

Commissioners on September 5, 1991 and January 12, 1993, respectively,

Mrs. Glass moved to adopt Ordinance 95-41 combining the referenced

Ordinances and amending conditions within and amending the legal

description to include previously unrecognized areas of land, as

recommended by the Planning Commission, with the amendment to the

definition of the extended Four Corners Mine as presented by Mr. Pendley

today. Motion was seconded by Mr. McClash and carried unanimously.

RECORD S44-2017

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

unanimously, to adopt R-95-262 providing a Master Mine Plan and

Operating Permit, pursuant to Mining Ordinance 81-22, for the IMC-Agrico

Company Four Corners Mine, providing for severability, and providing for

an effective date. RECORD S44-2018

ADVISORY BOARD ANNUAL REPORT

Karen Jackson Sims, Community Affairs/Intergovernmental Relations

Director, recommended acceptance of the 1995 advisory board report,

which outlines membership and activities of each board (28).

She requested authorization to sunset the Solid Waste Advisory Board and

Civic Center Advisory Commission.

Discussion: Status of Animal Control Advisory Board; research whether

Animal Control was sunsetted; need for group to address animal issues,0

reestablishing Animal Control Advisory Board.

Motion - Animal Control Advisory Board

Motion was made by Mrs. Harris and seconded by Ms. Brown, that staff

prepare a resolution to reconstitute the Animal Control Advisory Board.

Discussion: Considering an existing organization, i.e.. Humane Society,

to act as advisory board; defining policy/rules.

Motion carried unanimously.

Motion - Report

Motion was made by Mrs. Harris and seconded by Ms. Brown, to accept the

report (including staff recommendation to sunset the Solid Waste

Advisory Board and Civic Center Advisory Commission).

Discussion: Continued review of advisory boards to determine cost and

benefits derived.

Motion carried unanimously. RECORD S44-2019


BOARD OF ZONING APPEALS

The Chairman opened nominations for appointment of one member to Seat 1

on the Board of Zoning Appeals. J. Gregory Young, whose term will

expire October 14, 1995, is seeking reappointment.

Mr. McClash moved to cast a unanimous ballot for Mr. Young. Motion was

seconded by Mrs. Glass and carried unanimously.

HISTORIC PRESERVATION BOARD

Carol Clarke, Planning, Permitting and Inspections Director, advised of

vacancies on the Historic Preservation Board, one expiring October 14,

1998 (resignation of Helen Blue), and one on October 14, 1995.

Nominations: Kathleen Gaines - by Mr. Gause

Christopher Carman - by Ms. Brown

Ellen Bell - by Mr. McClash

Motion was made by Ms. Brown, seconded by Mrs. Harris and carried

unanimously, to close nominations.

After a show of hands, Mr. McClash moved to cast a unanimous ballot for

Ellen Bell and Christopher Carman. Motion was seconded by Mrs. Harris

and carried unanimously.

BRAWIN PALMS DREDGING

Janet McAfee, Public Services, reported on staff findings of a public

benefit for dredging the canal at Brawin Palms (aka Jeff's Cowpen

Slough) under dredging Resolution R-93-120. She recommended that based

upon the staff report and the public benefit to adjacent property

owners, staff be directed to conduct a preliminary survey, prepare cost

estimates, prepare a draft ordinance, and schedule a public hearing for

consideration of the Brawin Palms dredging project.

Mrs. Glass so moved. Motion was seconded by Ms. Brown and carried

unanimously.

(Depart Mrs. Harris)

CORTEZ ROAD LANDSCAPING

Ms. McAfee recommended adoption of

R-95-280 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,

MANATEE COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF AN AGREEMENT

WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDING THE

LANDSCAPING OF CORTEZ ROAD ($56,786/Phase I; $11,442/Phase II)

Mr. McClash moved to adopt R-95-280. Motion was seconded by Ms. Brown

and carried 6 to 0. RECORD 344-2020^

^ ^-i,

ENVIRONMENTAL PROTECTION - XL INITIATIVE

Mr. Hunsicker advised that the Tampa Bay National Estuary Program with

community and agency partners (Hillsborough, Pinellas and Manatee

counties; cities of Tampa, St. Petersburg and Clearwater; Southwest

Florida Water Management District; Florida Department of Environmental

Protection; and U.S. EPA) are requesting to participate in the

Presidents XL Initiative on reinventing environmental regulation.

(Enter Mrs. Harris)

He referred to a Comprehensive Conservation and Management Plan (CCMP)

for Tampa Bay to serve as an XL (Excellence and Leadership) community

demonstration/pilot project to achieve greater environmental gains and

protection for the entire Tampa Bay ecosystem. In exchange, the Program

seeks regulatory flexibility from EPA and state agencies for local

government partners who have committed to implement the plan.

Discussion: Staff bringing back report as to federal water quality

standards/regulations; legislative changes.

CHARLOTTE HARBOR NATIONAL ESTUARY PROGRAM

Mr. Hunsicker advised that Sarasota County invited the county to

participate in planning the Charlotte Harbor National Estuary Program.

This would give the county an opportunity to participate in regional

planning and implementation of all three estuary programs, which

directly affect future land use and water policies.

44/513

44/514


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

unanimously, to authorize the Chairman to sign a letter to Sarasota

County accepting an invitation to the NEP planning committee meetings.

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

unanimously, to appoint Mrs. Glass to the committee to serve until the

end of the year.

STATE ROAD 70 - RIGHT-OF-WAY

H. Hamilton Rice, Jr., County Attorney, recommended execution of

amendment to Joint Project Agreement (13160-3512/15/16; 12/9/94) with

the Florida Department of Transportation for State Road 70 right-of-way

acquisition, extending the "clear" date to March 31, 1996, due to

revised legal descriptions.

Mrs. Harris so moved. Motion was seconded by Mrs. Hooper and carried

unanimously. RECORD S44-2Q21

S44-2022

LITIGATION ASSESSMENT MEETING

Mr. Rice requested that pending litigation assessment meeting be opened

for the purpose of settlement negotiations and strategy related to

litigation expenditures pursuant to R-93-159 and Florida Statutes,

Section 286.011(8) for the following cases: 1) Buck v. Manatee County,

Case CA-95-1228; 2) Beatrice Mullins v. Manatee County, Claim 175-28-

5647; 3) Red Cedar Corporation v. Manatee County, Case CA-95-2927;

21) Appeal of Second Video Dialtone Order.

He noted those who would be present.

The Chairman opened and continued the meeting to a private session at

1:15 p.m. in the Board of County Commissions conference room.

EAST COUNTY SCHOOL FACILITIES

Ernie Padgett, County Administrator, referred to correspondence and

conceptual plan from the School Board for recreation facilities the

School Board proposes on county property adjacent to the east county

high school (Lakewood Ranch Boulevard between SR 64 and SR 70).

Danny Hopkins, Parks and Recreation Director, outlined an aerial of the

site which depicted two options for a County park and the high school

facilities. He addressed the proposed shared facilities.

Discussion: Stadium location; parking area; retention; wetlands;

working out agreements; soccer/baseball fields; clearly defining joint

use availability and accessibility; liability/indemnity; completion of

Lakewood Road prior to school construction; School Board purchasing part

of the County property.

Larry Simmons, School Board Chairman, stated the School Board*s intent

is to work with the County for the benefit of all.

Mr. Padgett stated that the overall joint use agreement is ready for the

joint meeting this evening with the School Board.

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

PARTICIPATION PROJECT - MAR LEE ACRES

Public hearing (Notice in the Bradenton Herald 9/13/95) was held to

consider

Road and Sewer Proiect - Mar Lee Acres

18th Street East - from 16th Avenue (Canal Road) east 1,270 feet

to deadend

18th Street Court East - from 16th Avenue (Canal Road) east

1,270 feet to deadend

17th Avenue Drive East (road only) - from 18th Street Court East

south 475 feet to 17th Street East (Memphis Road)

and

R-95-244 A RESOLUTION APPROVING SPECIAL ROAD AND SANITARY SEWER

ASSESSMENT PROJECT, MAR LEE ACRES SUBDIVISION.


(Enter Mr. McClash)

Ms. McAfee stated it has been determined there is a public benefit to

construct .57 mile of road at a cost of $18.66 per front foot

benefitting 86 parcels, and $2,000 ERU for sewer benefitting 84 parcels.

Reverend C. L. Sims, property owner, spoke in favor of the project due

to the health, safety and welfare of residents in the area.

Discussion: Size of water lines needs to be increased; vacant parcels.

Motion was made by Ms. Brown, seconded by Mrs. Hooper and carried

unanimously, to adopt R-95-244; and execute an agreement with the

Property Appraiser and Tax Collector for collection of special

assessments for this project. RECORD S44-2023

S44-2024

COMMUNITY DEVELOPMENT BLOCK GRANT - PARRISH

Amendment Form DCA-69

Public hearing (continued from 9/28/95) was held to consider an

amendment to the Parrish Community Development Block Grant (CDBG) Work

Ple.n to reflect the actual activity work schedule, activity budget, and

jiLXcrease in low and moderate income beneficiaries.

Karen Jackaon Sims outlined the amendments and recommended approval.

^ Mi-3. GlaL3 moved authorization for the Chairman to sign the CDBG

- "

neighborhood revitalization request for amendment (Form DCA-69) and to

aiiiend the Parrish CDBG work plan to reflect the actual activity work

schedule, activity budget, and a decrease in low and moderate income

I'encficiaries to 264 (262) actual beneficiaries versus 277 as projected

in the original grant application and transmit same to the DCA. Motion

was seconded by Mrs. Harris and carried unanimously.

Closeout/Certification Form DCA-87

Ms. Sims stated that Form DCA-87/Request for Certification of Completion

package reflects the final statement of cost, certifies the project is

complete and reports the demographics of the program^s beneficiaries.

Motion was made Mrs. Harris, seconded by Ms. Brown and carried

unanimously, to authorize the Chairman to execute the CDBG Neighborhood

Revitalization Grant Closeout Package for the Parrish water facility

project (Form DCA-87) and transmit to DCA.

COMPREHENSIVE PLAN AMENDMENT

Public hearing (continued from 9/28/95 and Notice in the Bradenton

Herald 9/28/95) was held to consider

ORDINANCE 95-38 AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA,

AMENDING MANATEE COUNTY ORDINANCE 89-01, THE MANATEE COUNTY

COMPREHENSIVE PLAN; PROVIDING FOR A SMALL SCALE AMENDMENT TO THE

FUTURE LAND USE MAP (SHEET 22) FROM AG/R TO P/SP(1), FOR CERTAIN

LAND LOCATED 27 MILES EAST OF U.S. 301/41 AND ONE MILE SOUTH OF

STATE ROAD 64, CONSISTING OF 10 ACRES OR LESS; PROVIDING FOR

SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

(PA-95-14: Property Owner/City of Bradenton)


Karin Murphy, Planning, Permitting and Inspections, stated this is a

small scale amendment for less than 10 acres of a 653-acre tract of

vacant land, which the City had acquired to construct a treated sludge

composting facility tangential to and required by the City^s wastewater

treatment plant operating permit. She outlined the location and

surrounding land uses noting that access to the site will be an 84-foot

easement from State Road 64.

Ms. Murphy addressed concerns of an adjacent property owner, Thorning

Little, regarding a trend for residential use, buffers and land-

spreading. These matters would be addressed during site plan review.

A letter from Mr. Little (9/29/95) recommending denial was submitted.

Barbara Levin, attorney representing the City, noted compatibility with

surrounding uses and James D. Benoit, representing the City, was present

to answer questions.

44/515

44/516


Thorning Little outlined a map pointing out areas that border the Myakka

River and owned by Southwest Florida Water Management District for

protection of the waterway and pristine area. He stated there is a

trend for residential development in the area and the City should

consider a site closer to existing treatment facilities.

Based upon the evidence presented and comments made at the public

hearing, upon the technical support documents, the action of the

Planning Commission, and finding the request to be consistent with the

provisions of Chapter 163, Florida Statutes, and the Manatee County

Comprehensive Plan, Mrs. Harris moved to adopt Manatee County Ordinance

95-38 (PA-95-14), as recommended by the Planning Commission. Motion was

seconded by Mrs. Glass and carried unanimously. RECORD S44-2025

COMMISSIONERS/ COMMENTS

Code Enforcement - Mr. Gause stated a letter was received from Anthony

DiSanto complimenting Rita Mooney, Code Enforcement Supervisor, for

resolving an ongoing code enforcement problem.

Sludge Hauling - Mr. McClash requested that information be brought back

regarding truck traffic relating to sludge hauling.

Board of County Commissioners/Sunshine Law - Mr. McClash requested a

policy regarding Commissioners attending non-County meetings which may

be in violation of the Sunshine Law.

Mr. Rice recommended that Commissioners seek advice from him prior to

attending open meetings which may require action by the Board in the

future.

Reuse Water Lines/Wild Oak Bay - Mrs. Harris requested the contract with

the homeowners^ association of Wild Oak Bay for installation of reuse

water lines be expedited.

MEETING ADJOURNED

There being no further business, the meeting was adjourned.

Attest: APPROVED:

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Chairman/-Z/-?//%-'

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october 3. 1995 the board of county commissioners, manatee ... · 10/3/1995 · commissioners to...

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