september 16, 1986 the board of county commissioners ... · = letter with signatures of nine people...

SEPTEMBER 16, 1986

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

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

16, 1986, at 9:10 a.m.

Present were Commissioners:

Westwood H. Fletcher, Jr., Chairman

Edward W. Chance, Vice-Chairman

Kent G. Chetlain

Patricia M. Glass

Maxine M. Hooper

Also present were:

Ronald H. Rabun, County Administrator

Tedd N. Williams, Chief Assistant County Attorney, representing

H. Hamilton Rice, Jr., County Attorney

Richard H. Ashley, Chief Deputy Clerk, representing

R. B. Shore, Clerk of Circuit Court

Representatives of the various news media were present.

Invocation by Commissioner Edward W. Chance.

The meeting was called to order by Chairman Fletcher.

All witnesses/staff giving testimony were duly sworn.

AWARDS

Meritorious Service

TheBoardpresented a certificate of merit to Anastasia (Sheila) M.

Cassidy, Executive Secretary, Planning DepartmenT,retiring after ten

years of service to Manatee County.

PROCLAMATION; COAST WEEK

Uponmotionby Mrs. Glass, seconded by Mr. Chetlain, a proclamation

was unanimously adopted designating September 20 through October 13,

1986 as "Coast Week" in Manatee County, in recognition of the valuable

resources of the coastline.

RECORD PROCLAMATION S35-644

ORDINANCE 86-5 - ACCEPTANCE OF GIFTS

Public hearing(continued from 8/5/86) was opened to consider

ORDINANCE 86-5: AN ORDINANCE OF MANATEE COUNTY

PROVIDING FOR THE ACCEPTANCE OF GIFTS OF REAL,

PERSONAL AND INTANGIBLE PERSONAL PROPERTY; PROVIDING

THAT NO GIFT OF REAL, PERSONAL OR INTANGIBLE PERSONAL

PROPERTY SHALL BE ACCEPTED EXCEPT IN ACCORDANCE WITH

THE PROVISION OF THIS ORDINANCE; PROVIDING FOR THE

DEVELOPMENT OF ADMINISTRATIVE PROCEDURES FOR THE

ACCEPTANCE OF GIFTS OF PERSONAL PROPERTY WITH A VALUE

BELOW $200; PROVIDING FOR THE DEVELOPMENT OF

ADMINISTRATIVE PROCEDURES NECESSARY FOR THE

IMPLEMENTATION OF THIS ORDINANCE; AND PROVIDING AN

EFFECTIVE DATE (JANUARY 1, 1987).

Tedd Williams, Chief Assistant County Attorney, outlined the intent

and purpose of the Ordinance.

The public comment portion of the hearing was closed.

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

Ordinance 86-5. Motion carried unanimously.

RECORD ORDINANCE S35-645

STREET VACATION: ONECO PARK SUBDIVISION

Public hearing (continued from 8/26/86) was opened to consider

R-86-130-V APPLICATION OF MANATEE MENTAL HEALTH CENTER

FOR THE VACATION OF PORTIONS OF STREETS IN ONECO PARK

SUBDIVISION (PLAT BOOK 1, PAGE 217).

609

610

SEPTEMBER 16, 1986 (Cont't)

Tom Fenton, Public Works/Transportation, advised there was no

opposition to the request, that applicants have met all requirements

and staff recommends approval of the request. Upon question, he said

the concerns expressed by the Public Safety and Transportation

Departments had been resolved.

Tim Knowles, Attorney for applicant, advised that this vacation is a

requirement of a Special Permit granted Manatee Mental Health Center.


Mrs. Hooper moved to adopt Resolution R-86-130-V vacating 305 feet of

22nd Street (Court) East and 305 feet of 24th Street East in Oneco

Park Subdivision, directly south of 57th Avenue East. Motion was

seconded by Mrs. Glass and carried unanimously.

RECORD RESOLUTION S35-646

STREET VACATION: CAYMAN PARK

Public hearing (continued from 8/26/86) was opened to consider

R-86-131-V APPLICATION BY VOLKER AND EVA BADER TO

VACATE AN EASEMENT IN CAYMAN PARK SUBDIVISION (PLAT

BOOK 19, P53/54).

Mr. Fenton advised that objections to the original request to vacate

the north "eight" feet of the easement were withdrawn after the

request was amended to vacate only four feet. He stated there will be

no impact upon delivery of services and staff recommends approval.

Tim Knowles, Attorney representing the applicant, advised they wish to

vacate only the portion of the easement under the existing duplex.


Mrs. Glass moved to adopt Resolution R-86-131-V vacating a 4x48 foot

portion of a 20 foot drainage easement on Lot 41, Cayman Park,

encroached upon by a one-story concrete block duplex. Motion was

seconded by Mrs. Hooper and carried unanimously.


STREET VACATION: WOODS AT CONQUISTADOR, UNIT I

Public hearing (continued from 9/2/86 Notice in The Bradenton Herald

7/31/86) was opened to consider

R-86-117-V APPLICATION OF THOMAS A. LEWIS, PRESIDENT

OF LEWIS PROPERTIES, AS GENERAL PARTNER OF PALMA SOLA

LTD, TO VACATE ALL OF THE PLAT OF LOTS A, B, OF C BLOCK

B OF THE WOODS AT CONQUISTADOR SUBDIVISION, UNIT 1,

(PLAT BOOK 19, P/86/87/88) INCLUDING ALL DRAINAGE AND

UTILITY EASEMENTS THEREON.

Tom Fenton advised that this request coincides with request for

approval of a new 4-lot subdivision "The Forest at El Conquistador" on

part of the vacated area.

(Depart Mrs. Glass)

He outlined concerns by area residents on whether single or multi-

family homes would be built and if current deed restrictions would

apply to the new subdivision. Staff did not object to the request if

the applicant agrees to the deed restrictions and construction of

single-family residents.

(Enter Mrs. Glass)

Tom McCollum, Zoller Najjar & Shroyer, Engineer for applicant, read

and submitted a letter from Robert Blalock, attorney for applicant,

stating the proposed actions (plat vacation and concurrent replat) do

not amend or revoke the existing restrictions and covenants which

affect the 2.576 acre parcel, and that they desire to develop this

parcel for single-family residential purposes.

It was the opinion of the Chief Assistant County Attorney that the

letter from Mr. Blalock is not sufficient as a basis for a decision by

the Board.

Discussion: Validity of deed restrictions if vacation is approved.


Recess/reconvene. All members present.

Robert Lee Shapiro, Attorney for the Avenida Madera Home Owners'

Association, reviewed and/or submitted

1. Site plan of El Conquistador area as shown property buyers

2. Proposed plat of Forest at El Conquistador Subdivision.

3. Exhibit to plat of The Woods at Conquistador Subdivision,

Unit 1, indicating area restricted to single-family

development and the limits of the jurisdictional area.

4. Photographs: Showing close proximity of apartments to

single family homes (3 photos); Fence on Avenida Madera

built to deter traffic from neighboring apartments; a water-

filled hollow, dug while attempting to construct a road from

the apartments to Avenida Madera.

He expressed concern with the vacation of the drainage/utility

easements and the potential effect vacating the plat would have on the

restrictive covenants and dedication. He referred to the restrictive

covenants (11/79) allowing construction of single-family homes (only)

on these lots and subsequent dedication (7/84) stating that the

property now under construction was not platted single-family due to

the existence of an environmentally sensitive slough (boundaries not

determined by the Department of Environmental Regulation).

He requested a stipulation be included (in any replat) that the area

be restricted to single-family use in keeping with the construction

and value of the present homes.

Motion was made by Mrs. Hooper and seconded by Mrs. Glass to accept

all maps, charts and documents to which reference was made in this

presentation. Motion carried unanimously. (NOTE: Documents

regarding restrictive covenants and dedication not submitted)

Discussion: Rezoning area to allow single-family units only;

referring request to staff for procedural and legal remedy; additional

language or document to be recorded with the new plat to impose

similar deed restrictions currently on this property.

William Lowe, Attorney for an individual property owner, indicated

that if restrictive covenants are more restrictive than zoning

ordinances, then the uses dictated by those covenants will be given

effect by the courts under ordinary circumstances.

Victor Kauseman read and submitted a statement requesting denial.

(NOTE: Statement not submitted to Deputy Clerk)

Mr. McCollum suggested this item be tabled for one week to allow the

developer to prepare restrictive covenants to resolve concerns.


Motion was made by Mr. Chetlain to remand this request to the County

Attorney for his final review and recommendation and to continue the

public hearing to September 23, 1986. Motion was seconded by Mrs.

Hooper and carried unanimously.

SUBDIVISION PLATS - "GREEN SPACE"

Mr.Chancemovedtodirect the County Administrator to have staff

develop recommendations in regard to development of "green space"

(open space) and subdivision plats. Motion was seconded by Mrs.

Hooper and carried unanimously.

(Depart Mrs. Glass)

SWIMMING POOL FOR SENIOR CITIZENS/HANDICAPPED - WATER THERAPY

KathleenHinnirequestedanindoorpoolBeconstructed for senior

citizens and the physically handicapped, which would enable them to

receive the benefits of water therapy.

(Enter Mrs. Glass)

She submitted a statement requesting the county allocate an area for

this special pool. She also submitted photostatic copies of the

Sarasota YMCA pool and elsewhere, depicting the use of water therapy.

Edith Riley spoke in favor of the benefits of water therapy.

611

612


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

unanimously, to accept the statement and copies of the pictures.

The County Administrator advised he could report to the Board on this

subject on October 14, 1986.

ANNEXATION - SNEAD ISLANDr BRADENTON YACHT CLUB & ELMORE PROPERTY

Tedd Williamsreported onthe proposedannexationofthe Bradenton

Yacht Club on Snead Island into the City of Palmetto and noted that in

order for cities to annex adjacent property it must be coterminus with

the boundary of the annexing municipality. The only portion of the

Yacht Club contiguous to the city is the northeast corner, approxi¬

mately 60 feet, which is contiguous to property across the street.

Since this parcel is the subject of litigation between the county and

city, the county would be an affected party and would have a legal

standing to oppose annexation of the Yacht Club.

(Depart Mr. Chance)

Comments by residents of Snead Island were:

Vie Holmes - his opinion that most area property owners do not wish

annexation into the city; majority of Yacht Club members would not

favor annexation; questioned the installation of additional sewer

lines by the City of Palmetto.

(Enter Mr. Chance)

Chuck Sofelt - funds allocated by Heritage Bay and City of Palmetto to

install/upgrade lift-station pump.

J. W. Deese - property purportedly contingent to property across the

street leased to county and no property owned by the Yacht Club is

contingent; questioned requirement by city that the Club install a

four-inch sewer line from lift station into two-inch line under right-

of-way.

Walter Sell, owner of Gull Harbor Motor Court, - opposed annexation.

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

unanimously, to accept copies of correspondence as follows:

= Letter with signatures of nine people opposed to annexing

Bradenton Yacht Club into City of Palmetto;

= Letter from Snead Island Community, Inc., opposing annexation;

= Letter from Bill Padelford, Senior Law Clerk, to H. Hamilton

Rice, Jr., County Attorney, outlining action by City of

Palmetto regarding annexation of Snead Island.

Mr. Chetlain moved that the Board go on record opposing any further

annexation by the City of Palmetto on Snead Island; that if and when

the city attempts to annex the Bradenton Yacht Club, the county shall

fight it in court; that the present suit over the annexation of the

Elmore property be pursued as expeditiously as possible. Motion was

seconded by Mrs. Glass and carried unanimously.

(Depart Mr. Chetlain)

ORDINANCE 86-35 - COMMERCIAL VENDING (REPEAL 84-28, 86-13, 86-31)

Public hearing(Notice in The Bradenton Herald 8/25/86)was opened to

consider

ORDINANCE __________86-35:

AN ORDINANCE OF MANATEE COUNTY,

FLORIDA, MAKING A FINDING OF PURPOSE; PROVIDING FOR

DEFINITIONS; PROVIDING FOR APPLICATION FOR COMMERCIAL

VENDING PERMITS; PROVIDING FOR APPLICATION FEES;

PROVIDING FOR BONDS; PROVIDING FOR ISSUANCE, DENIAL,

SUSPENSE OR REVOCATION OF PERMITS; PROVIDING FOR

APPEAL; PROVIDING FOR EXPIRATION AND PROHIBITION;

PROVIDING FOR RESTRICTIONS, LIMITATIONS AND CONDITIONS

OF PERMIT FOR COMMERCIAL VENDING PERMITS; PROVIDING FOR

EXEMPTIONS; PROVIDING FOR A PENALTY; PROVIDING FOR

SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES 84-28,

86-13 AND 86-31; AND PROVIDING AN EFFECTIVE DATE.

Barbara Levin, Assistant County Attorney, pointed out modifications to

the ordinance and correction on page 11, B.2. to read "keep and save

harmless."

(Enter Mr. Chetlain, during presentation of modifications)


Jane Long expressed concern with insurance requirements and

enforcement of the ordinance.

Discussion: Enforcement of the ordinance; farm grown products to be

sold by farmers; concerns by various Commissioners.

(Depart Mrs. Glass)


Mrs. Levin recommended adoption of Sections 10, and 11 if the Board

did not choose to adopt the Ordinance in its entirety.

(Enter Mrs. Glass)

Mr. Williams recommended deleting the portion of Section 10 stating

"and all other ordinances in conflict herewith are hereby repealed to

the extent of such conflict."

Captain Dennison, Sheriff's Department, spoke regarding enforcement of

the ordinance.

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

Ordinance 86-35, striking Sections 1 through 9 and portion of Section

10 stating "and all other ordinances in conflict herewith are hereby

repealed to the extent of such conflict". Motion carried unanimously.

NOTE: Ordinance 86-35, as adopted, repealed Manatee County Ordinances

84-28, 86-13 and 86-31.

RECORD ORDINANCE S35-648

WEST COAST INLAND NAVIGATION DISTRICT

Redirection of Funds

Richard A. Wilford, Public Works Director, referred to his memorandum

(9/4/86) and a Letter of Understanding between West Coast Inland

Navigation District (WCIND) and Manatee County for the expenditure of

funds ($75,000) for public navigation projects. Since the program was

never implemented, he recommended that WCIND redirect the funds to the

Fiscal Year (FY) 1987 dredging programs.

Charles Hunsicker, Deputy Director of Public Works, advised that Jim

Armstrong, Executive Director of WCIND, had indicated the transfer of

funds would be appropriate.

Mrs. Glass moved to authorize the Chairman to sign the

Chairman of the West Coast Inland Navigation District

J.A. Tringali) requesting redirection of funds from

dredging appropriation to the FY 1987 County Program.

seconded by Mrs. Hooper and carried unanimously.

letter to the

(Commissioner

the FY 1985

Motion was

Fiscal Year 1987 Project Priorities

Mr~^HunsickerreviewedtheFY 1987 WCIND project funding

recommendations, totaling $475,000, as follows:

=Bowlees Creek Maintenance & Improvement Dredging $120 000

=Palma Sola Entrance Channel & Yacht Basin Dredging 57 500

=Trailer Estates/Bayshore Canal Improvement Dreding 57 500

=Sarasota/Palma Sola Bay Environmental Study 140 000

=Port Manatee Environmental Study 29 000

=Permanent Buoy Construction Over Artificial Reefs 40,000

=Manatee County Sheriff's Department Boater Safety &

Marine Patrol Program 31,000

Captain Dennison, Sheriff's Department, reported on the Boater Safety

and Marine Patrol Program.

Mr. Chance moved to approve the distribution of the funds as outlined

by staff. Motion was seconded by Mrs. Glass and carried unanimously.

Following question regarding a verbal commitment by the Board of

County Commissioners to contribute $6,000 to the Coast Guard Auxiliary

(CGA), Mr. Chance moved to authorize Mr. Chetlain to request on

behalf of this Board an additional $6,000, and, if approved, to

earmark these funds for CGA safety equipment. Motion was seconded by

Mrs. Glass and carried unanimously.

613

614


RECESS/RECONVENE

The Chairman declared the meeting recessed until 2:15 p.m.

The meeting reconvened at 2:18 p.m. with all members present.

GARBAGE COLLECTION/WASTE MANAGEMENT

Mr. Hunsicker reported on a meeting between staff and representatives

of Waste Mangement to determine if negotiating a request for a garbage

collection rate increase would be appropriate.

He explained there has been no change in the required work performed,

collection equipment or standards and sizes of containers. Exemptions

have been granted to certain commercial and industrial accounts.

There has been no wholesale or fundamental change in the class of

customers and staff finds no evidence the revenues collected by Waste

Management are materially or adversely affected by the exemptions.

He recommended denial of the request by Waste Management for

negotiation and rate compensation under Ordinance 85-11.

(Depart Mr. Chance)

Caleb Grimes, Attorney for Waste Management, advised that his clients

bid for a garbage franchise, based on Ordinance 85-11, grants bona

fide exemptions from franchised hauling for certain commercial and

industrial customers. He pointed out that adoption of Ordinance 86-7

provides for further exemptions and on that basis feels there was a

change in the level of service and requested they be allowed to meet

again with staff to negotiate the changes and applicable rates brought

about by such change in service.

(Enter Mr. Chance)

Mr. Williams reviewed portions of the franchise agreement.

Mr. Chance moved to uphold the recommendation and determination of the

Director of the Department of Public Works, finding that the request

by Waste Management of Manatee County for negotiation and rate

compensation under Ordinance 85-11 be denied. Motion was seconded by

Mr. Chetlain. Voting "Aye" were Mr. Chance, Mr. Chetlain, Mr.

Fletcher, and Mrs. Hooper. Mrs. Glass voted "Nay." Motion carried.

UTILITIES - BAD DEBTS WRITE OFF

Mr. Wilford recommended the Board approve write off of bad debts in

the amount of $19,422.09, for 1986 accounts deemed uncollectible by

the Public Works/Utilities.

(Depart Mr. Chetlain)

Mrs. Glass moved approval of the write off of bad debts, detailed in

supporting schedules, in the amount of $19,442.09. Motion was

seconded by Mr. Chance.

(Enter Mr. Chetlain)

Diane Mills, Utilities Department, responded to question relating to

bad debts incurred through the collection of garbage, stating that

these were not deemed uncollectible as yet.

(Depart Mrs. Glass)

Motion carried unanimously.

RECORD SCHEDULE S35-469

EFFLUENT IRRIGATION - JMC COMMUNITIES, INC.

MotionwasmadeByMr.Chetlain,and seconded by Mr. Chance, to

approve, and authorize the Chairman to sign, an agreement with JMC

Communities, Inc., for effluent irrigation of the Pinebrook-Ironwood

Golf Course. Motion carried unanimously. (Up to 700,000 gallons per

day for a period of twenty years with option to terminate after first

five years.)

RECORD: CONTRACT FILE 3355

LAND ACQUISITION - SCHROEDER MANATEE PROPERTY

UponrequestoftheCountyAdministrator consideration of agreement

with Schroeder Manatee, Inc. for purchase of approximately 761 acres

for landfill facilities was deferred to September 23, 1986.


LOW INCOME ASSISTANCE PROGRAMS

Kathy Snell, Community Services, advised that the Advisory Commission

on Intergovernmental Relations (ACIR) requested input from local

government regarding low income assistance programs.

(Enter Mrs. Glass; Depart Mr. Fletcher, Mr. Chance presiding)

She reviewed a letter to Ms. Kelly McManus, ACIR, outlining a variety

of low income assistance programs, and recommended the Chairman be

authorized to sign this letter.

Mr. Chetlain moved the Chairman sign the letter to the Advisory

Commission on Intergovernmental Relations regarding low income

assistance programs. Motion was seconded by Mrs. Hooper and carried

unanimously.

(Enter Mr. Fletcher)

LAND ACQUISITION - TAX COLLECTOR/PROPERTY APPRAISER (RANICK PROPERTY)

By memorandum (9/15/86), Ms. McVoy, Assistant County Attorney, advi s ed

that a contract has been prepared for purchase of the gas station

(10th Street and 4th Avenue West) adjacent to the Tax Collector and

Property Appraisers Offices. The original contract and counter-offer

from the sellers failed to contain indemnifications with respect to

the condition of the underground gasoline storage tanks.

She recommended the county obtain and review records to allow the

lease surface rights for sixty days, during which time staff would

examine the records and conduct tests to determine the conditions

prior to taking possession of the tanks or title to the property.

Mr. Chetlain moved to approve the contract to acquire the gas station

site adjacent to the Offices of the Tax Collector and Property

Appraiser (total price, $117,500). Motion was seconded by Mrs. Glass.

Voting "Aye" were Mr. Chance, Mr. Chetlain, Mrs. Glass, and Mrs.

Hooper. Mr. Fletcher voted "Nay". Motion carried.

Mrs. Glass moved to authorize execution of the contract and to direct

staff to review records and initiate any testing deemed necessary.

Motion was seconded by Mr. Chetlain. Voting "Aye" were Commissioners

Chance, Chetlain, Glass, and Hooper. Voting "Nay" was Commissioner

Fletcher. Motion carried.

RECORD: CONTRACT FILE .-,./- —————————————————————— j Job

LAKE MANATEE WATERSHED ADVISORY COMMITTEE

Motion was made by Mr.Chance,for appointment of members to the Lake

Manatee Watershed Advisory Committee and to authorize the Chairman to

sign letters of appointment to those members. Motion was seconded by

Mr. Chetlain and carried unanimously. Members appointed were:

Elliott Grosh, Carl Keeler, Jimmy Oxford, John O'Connor, Gloria

Rains, Mary Blackburn-Church, Richard Eckenrod, Hildegard Bell,

Russell Fernald, Harlan Twible, R. Russ Putnal, and Ben Bowen

SOIL & WATER CONSERVATION DIVISION

Richard Eckenrod, Land & Natural Resources Department, recommended the

Division of Soil & Water Conservation be created within the Department

of Land & Natural Resources to provide assignment of County personnel

to the Manatee River Soil & Water Conservation District, which is

currently funded for two employees. He stated that a Memorandum of

Understanding between the District and the County would formalize the

reorganization.

Upon motion by Mr. Chance, seconded by Mrs. Glass, execution of the

Memorandum of Understanding was unanimously authorized

RECORD: CONTRACT FILE 33^.7

CIVIC CENTER AUTHORITY

Uponbeingadvised that the terms will expire October 17, 1986, Mr.

Chance moved to authorize staff to advertise for volunteers interested

in serving on the Civic Center Authority. Motion was seconded by Mrs.

Hooper. Voting "Aye" were Mr. Chance, Mr. Chetlain, and Mrs. Hooper.

Voting "Nay" were Mr. Fletcher and Mrs. Glass. Motion carried.

(Depart Mrs. Glass)

615

616


COUNTY ADMINISTRATOR'S CONSENT AGENDA

UponmotionByMrs.Hooper,seconded

Administrator's Consent Agenda dated

unanimously approved.

(Enter Mrs. Glass)

Items approved included:

by Mr. Chance

September 16,

the County

1986 was

DEEDS & EASEMENTS

Right-of-Way - Warranty Deed from Manatee Fruit Company 1. ______________

Section

16, Township 35 S, Range 18 E

2. US 41/Buckeye Road - Drainage Easement from Florida Power & Light

Company.

3. Manatee Oaks II Subdivision - Temporary Easements (2) from

Manatee Builders Development Corporation.

SPECIAL ASSESSMENT PROJECTS

Authorization to initiate projects

5031 - Sunny Lakes Estates Subdivision

2nd Street West; 7th Street Court West

5078 - Snead Island

53rd Avenue West

5079 - Pinehurst Subdivision

16th Avenue Northwest

5080 - Palma Sola Heights

81st Street NW; 82nd Street NW; 80th Street NW;

19th Avenue NW

5081 - Aloise Park Subdivision

12th Avenue NW;

5082 - Revised Plat of Airport Subdivision

54th Avenue Drive West

5083 - Various (No Subdivion Name)

34th Avenue West

5084 - Various (No Subdivion Name)

32nd Avenue West

5085 - Miller Place Subdivision (Bickle Mound)

58th Street West/Michiana Road; 57th Street Court West;

24th Avenue West; Horseshoe Loop Road

5086 - Various (No Subdivision Name)

30th Avenue West/Colorado Avenue; 31st Avenue West; 8th

Street Court West; 9th Street West

5120 - Snead Island

17 Avenue West/Snead Island Road

5121 - Sunny Lakes Estates

59th Avenue Drive West

5122 - Various (No Subdivision Name)

59th Avenue East

5123 - Stevens Subdivision

1st Avenue West

5124 - Riverside Terrace Subdivision ^

1st Avenue Drive NW; 2nd Avenue NW; 44th Street NW

ELLENTON-GILLETTE ROAD (SR 683)

Executiono?letterto W.R. Trefz, Florida Department of

Transportation, regarding (agreeing to accept) transfer to County

(from US 301 to Moccasin Wallow Road) in return for a $240,000 grant

to provide a satisfactory clear recovery area (installation of storm

sewer).

LONGBOAT KEY FIRE DEPARTMENT

Publichearingtoconsider issuance of Certificate of Public

Convenience and Necessity, according to Ordinance 81-8.

GRANTS

I. EMERGENCY MEDICAL SERVICES PROGRAM:

a. Adoption of Resolution

R-86-218 CERTIFYING THAT MONIES FROM COUNTY EMERGENCY

EXPAND COUNTY'S

b.

SERVICE AWARD PROGRAM WILL IMPROVE AND

EXISTING PRE-HOSPITAL EMERGENCY MEDICAL SERVICE SYSTEM.

all documentation relating to grant for

2.

Execution of

$46,066.50

c. Execution of EMS Award Application to Department of Health

and Rehabilitative Services.


COMMUNITY SERVICES TRUST FUND: Executionor1986-1987 Grant

Application and Award Agreement ($7,065 with $9,065 local match

10/1/86-9/31/87)

RECORD; CONTRACT FILE ^gg


GREEN BRIDGE

Execution of Agreement with General Telephone Company of Florida for

County to assume all use andresponsibility of handholes and conduit

system.

RECORD; CONTRACT FILE

INSURANCE ————————————————————

Group Life Insurance - Commercial Life Insurance Company per

thousand/per month rates for 10/1/86 to 9/30/87.

VETERINARIAN SERVICES

RenewalorRFP 84-112-1707-85, same terms/prices/conditions on as

required unit price basis, with Bradenton Small Animal Hospital for

additional two year period commencing 10/9/86.

MAIL PROCESSING EQUIPMENT

AwardBid86-49to Pitney Bowes for purchase price of $16,322 for

Central Services' systemandTease/purchase price of $12,973 for

Public Works' system with lease payment of $316.54 per month, total of

$18,991.40 for 60 months.

PARTICIPATION PROJECT NO. 5032 - PINEHURST SUBDIVISION

Award Bid 86-77 for Part B(16th Ave NW)road construction to Apac-

Florida, Inc., not to exceed $17,546.41; subsequent executiono?

contract; issuance of notice to proceed after execution of contract

and receipt of performance bond and insurance certificates.

OFFICE AUTOMATION EQUIPMENT

Negotiation of sole source purchase from NCR for an additional not to

exceed amount of $24,200, not to exceed $183,800 for FY 1985-1986.

NICHOLSON ROAD - BOX CULVERT, CONSTRUCTION

Negotiationo?solesourcepurchase and subsequent execution of

agreement with University Park of Commerce, Inc., not to exceed

$45,205.80. (NOTET:Agreement submitted)


NORTH SUBREGIONAL WASTEWATER FACILITIES IMPROVEMENTS

Execution of Change Order No.2 with Roese Contracting Co. for sewage

collection system, Ellenton, Phase I-A(Bid No.258),net increase of

$54,569, total adjusted contract amount of $2,383,771.20.

RECORD: CONTRACT FILE

COOPER CREEK DRI

Execution of Work Assignment No. 1 with George F. Young, Inc. for DRI

review on a unit price basis, estimated cost not to exceed $17,054 in

accordance with RFP 86-205 and contract dated 6/10/86.

RECORD: CONTRACT FILE

3051

3296

SOUTHWEST & SOUTHEAST SUBREGIONAL WASTEHATER TREATMENT FACILITIES

Execution of contract amendments with Camp, Dresser & McKee^ Inc., in

accordance with RFP 83-96-1707-19 & 84-57-1707-19 to incorporate EPA

regulations contained in 40 CFR Part 35, Appendix A to ensure grant

eligibility for EPA Project C120540060 as pertains to authorized

travel expenses.

RECORD; CONTRACT FILES 3371

BUDGET AMENDMENTS

HRescind Resolution B-86-232, Public Safety, $15,000 (9/2/86)

2. Adoption of Resolutions amending the 1985-1986 budget to provide

for receipt and appropriation of unanticipated revenues and item

to item transfers.

PUBLIC SAFETY (B-86-235)

From: General Fund, Reserve for Contingency

To: Civil Defense, Contributions $15,000


CENTRAL SERVICES (B-86-236)

From:EMS South County, Professional Services

To: Courthouse Annex Roof Repair, Public

Safety Communications Improvements,

County Administrator Renovations,

Civil Defense Relocation $3,270


COURTS (B-86-237)

Increase Revenues;

General Fund, State Reimbursement Court

Reporter Salary

Increase Expenditures:

Court Reporter - Circuit $24,873


617

618


PUBLIC WORKS/UTILITIES (B-86-238)

From:Administration, Reserve - MCUD

To: Engineering $39,700

RECORD RESOLUTION

EMERGENCY MEDICAL SERVICES

Increase Revenues:

(B-86-239)

General Fund, EMS Fees New System


Vehicle Maintenance $30,000

RECORD RESOLUTION

CENTRAL SERVICES

From:Administration

To: Courier, Equipment

UNEMPLOYMENT COMPENSATION

Unemployment Payments

(B-86-240)

$3,655

RECORD RESOLUTION

(B-86-241)

From

To: Data Processing, Building Maintenance,

Construction Design, In-House Legal

Staff, Emergency Services, Emergency

Communications, Human Services

Planning Section, Recreation $14,429

RECORD RESOLUTION

HEALTH SELF INSURANCE

Increase Revenues:

Premiums

Increase Expenditures;

Medical Services

(B-86-242)

$320,000

RECORD RESOLUTION

DEPARTMENT OF NATURAL RESOURCES

Increase Revenues:TB-86-243/1)

State DNR Grant, Groins at Manatee/

Bradenton Beach

Increase Expenditures;

State DNR Transfer, Parks Capital

Project Fund $100,000

RECORD RESOLUTION

Increase Revenues: (B-86-243/2)

Transfer from State DNR Grant, Groins at

Manatee/Bradenton Beach


Groins at Manatee/Bradenton Beach,

Construction Project $100,000

RECORD RESOLUTION

PARKS & RECREATION (B-86-244)

From: Storm Damage-Parks, Improvements

To: Groins at Manatee/Bradenton Beach,

Construction Projects $7,200

(End Consent Agenda)

FOREST AT EL CONQUISTADOR SUBDIVISION

ConsiderationoftheFinalPlat

RECORD RESOLUTION

FINAL PLAT

fortheForest at El Conquistador

Subdivision was deferred to September 23, 1986.

Recess/reconvene. All members present.

SPECIAL ASSESSMENT PROJECTS - TIME EXTENSION FOR PAYMENT OF LIENS

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

R-86-222: RESOLUTION EXTENDING THE TIME IN WHICH

SPECIAL ASSESSMENT LIENS MAY BE PAID WITHOUT INTEREST

LIMITED TO THOSE PROJECTS IDENTIFIED IN, AND THOSE

LIENS IMPOSED UNDER, R-86-181 (MAGNOLIA MANOR); R-86-

210 (SUNNY LAKES ESTATES SUBDIVISION)7 AND R-86-197

(CORTEZ GARDENS).

Motion carried unanimously.

RECORD RESOLUTION


ZONING: PLOUGHE PROPERTY - ADMINISTRATIVE APPEAL AA-86-02

BarbaraLevin,AssistantCountyAttorney,reviewed memorandum of

September 15, 1986, updating events in connection with Board of Zoning

Appeals (BZA) Administrative Appeal No. AA-86-02 (Ploughe property,

Westwego Subdivision), the effect upon the affected property, and the

remedial actions. She pointed out the five determinations made by the

BZA with the conclusion that an accessory use for a guest house is

authorized by the Land Development Code.

Following discussion Mrs. Glass moved to set a special work session to

review all actions and determination of the Board of Zoning Appeals.

Motion was seconded by Mrs. Hooper and carried unanimously.

CLERK'S CONSENT CALENDAR

Upon motion by Mr. Chance, seconded by Mrs. Glass, the Clerk's Consent

Calendar dated September 16, 1986, was unanimously approved.

BONDS;

Release:

Whitfield Pines Subdivision

Defect Security Warranting Required Improvements/Agreement

Kurt G. Gremley - Cashier's Check No. 315307 from First

Florida Bank $ 5,928.80

BILLS FOR PAYMENT:

Attorney's Fees;

Balance before payment: $118,295.49

Balance after payment: $116,849.16

Hogg, Alien, et al - Retained Counsel Svs (thru 7/25/86) 1

Cone Constructors - Ellenton Lift Stations 64

M&M/Taddie Underground Utilities - Phase I, Segment A,

Part C, Memphis Road Interceptor 58

Professional Svs re financial stmts 30

Rd Construction (Various Projects) 68

Coopers & Lybrand

Hewitt Contracting

Refunds:

Carolyn Kappenmacher - Child Safety Seat

Connie Sleeper - Child Safety Seat

Sandra Kozyra - Child Safety Seat

Leroy S. Harris - Animal Cage Deposit

Tom Harrison - Animal Cage Deposit

H.S. Murphy - Animal Cage Deposit

Margarit A. Drew - Lost Book Returned

Russell G. Atwood - 7 Plays of 20 Play-9 Holes Play Book

Ralph 0. Elmgren - 18 Plays of 20 Play-9 Holes Play Book

Mrs. David Holt, Sr. - 50 Plays of 50 Play-18 Holes Book &

10 Plays of 20 Play-18 Holes Book

7 Plays of 20 Play-18 Holes Play Book &

6 Plays of 20 Play-9 Holes Play Book

EMS Overpayment

EMS Overpayment

A.E. Dawson

Bonnie Rollison

Hazel Gallagher

Bertha Hunt - EMS Overpayment

Stan Myers - EMS Overpayment

Thomas Luedike - EMS Overpayment

Gladys Beck - EMS Overpayment

Leia Sheppard - EMS Overpayment

Mary Reuch - EMS Overpayment

Hattie Pettier - EMS Overpayment

Clio Cartmill - EMS Overpayment

Jewell Monson - EMS Overpayment

Elsie Prothero - EMS Overpayment

Estelle Hicks - EMS Overpayment

Raymond Griffith - EMS Overpayment

Harold Carpenter - EMS Overpayment

Berton H. George - EMS Overpayment

Nellie Leslie - EMS Overpayment

Velma Lichtenberger - EMS Overpayment

Elmer Kestner - EMS Overpayment

DeBoda Cawein - EMS Overpayment

Harvey Evans - EMS Overpayment

Edith Niergarth - EMS Overpayment

Jacqueline Jenkins - EMS Overpayment

Lena Phelps - EMS Overpayment

Hazel Current - EMS Overpayment

Arnold & Carolene Johnson - Withdraw of Z-86-85

Leonard D. Yates - SP-86-74 not needed

.446.33

,919.34

,361.35

,726.10

,813.64

10.00

10.00

10.00

20.00

20.00

20.00

7.95

25.69

66.15

378.00

54.60

32.96

63.36

15.68

10.00

56.00

15.64

44.87

55.44

59.40

13.20

73.26

69.30

65.34

79.20

99.20

10.00

59.40

57.00

50.00

93.06

73.26

59.32

99.20

63.36

55.44

635.00

260.00

619

620


WARRANT LIST:

'979/86 9/15/86 Authorize 9/16/86 - 9/22/86 Approve:

APPROVE, RATIFY, & CONFIRM:

Parks & Recreation Special Interest Instructor's Agreement:

Clarene McNeal - Baton

RECORD; CONTRACT FILE

ELECTIONS; ACCEPT ————————————————————

County Canvassing Board Certificates for September 2, 1986 Election:

1) First Primary Election - Republican

2) First Primary Election - Democrat

3) Non-Partisan Election (a) Circuit Judge Twelfth Judicial Circuit

Group 3 (b) School Board Districts 1, 3, 5 (c) Airport Authority

RECORD

MINDTES FOR APPROVAL;

August 5, 1986 and August 12, 1986

LEASE: PUBLIC WORKS DEPARTMENT (GTE BUILDING) - EXECDTION

andconfirmleasewithDanBlalock

3341

S35-663

S35-664

S35-665

Approve, ratify and confirm lease

(authorized September 9, 1986).

(End Consent Calendar)

TRAVEL

Jr., Trustee


Upon motion by Mrs. Hooper, seconded by Mrs. Glass, requests for

authority to travel were unanimously approved for Mr. Fletcher to

attend

1. The 57th Annual Conference and Educational Exhibition, State

Association of County Commissioners, in Ft. Lauderdale from

October 8, 1986 to October 11, 1986, and

2. The Florida Shore and Beach Preservation Association

Conference on Captiva Island from September 24, 1986 to

September 26, 1986.

ADULT BOOK STORES/CODE AMENDMENT

Due to concerns with regard to adult bookstores on commercially zoned

property, request was made to amend the Land Development Code to

require a certain distance between these establishments and

residential neighborhoods, schools, and churches.

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

staff to place this item on a future agenda.

Mrs. Levin noted that staff is presently researching possibility of

this amendment and will be making a report to the Board.

Following discussion on necessity of establishing a standard on which

to base .guidelines governing "obsenity" and to find out how the

community feels about such standards, Mrs. Hooper amended her motion

to include research on that subject. Mr. Chance agreed to the

amendment '•. ,

Motion, as amended, carried unanimously. . -. - i •

OBSTETRICAL SERVICES (RFP)

MickeyPresha, ,'Manatee Rural Health Services, expressed concern

regarding Request for Proposals/Invitation for Bids (RFP/IFB) for

obstetrical services in that the scope of services does not include a

guarantee that whomever is granted the contract will be the primary

provider of those services, nor does it specify a minimum number of

patients.

(Depart Mrs. Hooper)

Following discussion, the Board took no action.

HEALTH DEPARTMENT/PR. JOHN AMBRUSKO

Mr.FletcherrequestedHeE>e' authorize to prepare a letter to the

Secretary of Health & Rehabilitative Services (HRS), pointing out that

misinformation had been provided to Secretary Page regarding Dr. John

Ambrusko, Health Department Director, and offering to employ an

Administrator as an Assistant Director operating under Dr. Ambrusko.

This Administrator could be employed by the County or the State, could

be responsible for procedural activities and could make policy

recommendations to Dr. Ambrusko. He stated that he could prepare the

letter, bring it back to the Board for approval, and hand deliver it

to Tallahassee.

(Depart Mrs. Glass)


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

unanimously, to authorize the Chairman to sign and hand deliver the

letter to Secretary Page.

TRAVEL AUTHORIZATIONS

Uponmotionby Mr. Chance, seconded by Mr. Chetlain, request for

authority to travel was unanimously approved for the County Attorney

to attend the State Association of County Commissioners Annual

Conference in Ft. Lauderdale, October 8, 1986 through October 9, 1986.

MEETING ADJOURNED

There being no further business, the meeting was adjourned.

Atte^t'-^T Y C'n'''- APPROVED: ''-1 <«'1 '^'v'l. • '' • • • "A^' '. ~-

___-________________ &\J^O^A I^.ClAA^t

^"'^., Cleric^'. ^; Vice-Chairmah

•-^•^^'•^:.-'

i_ i"' ••c -•</»-.—,>— •tt Adj :-.„ ^5i'4'Q"p'.in.» ",y

••^ *f^^,--'

621