Charge for forensic exams approved

BRADENTON – A resolution to require the parents or guardians of abused children to pay $250 for a forensic medical exam passed the Manatee County Commission on Tuesday after some debate.

The vote was 5-1, with County Commissioner Carol Whitmore dissenting.

The effort is to recover money spent for medical exams of abused children so the money can be used for programs, but Whitmore contended that the worst thing that could happen to someone who is abused is to have a bill arrive because it might trigger more abuse.

"I just can't see a child being abused, and then you're sending the parent a bill to pay for them in the emergency room. It's $250, which is a lot of money now," she said. "The repercussions are escalations of abuse at home."

Deputy County Administrator Karen Windon said they have the option to continue to pay the fees out of the children's services millage. "The goal of staff was to allow for the reallocation of those dollars and recoup some of those funds to they could be put to other programs," she said. "There are options there. We could continue to investigate this."

Whitmore said she wanted to delay the action, continue it or come back with another recommendation.

Windon said they could do that, but County Commissioner Gwendolyn Brown said she didn't agree with waiting.

"The questions are going to become, 'Where are you going to take it from?'," she said. "And the bottom line is if you're having someone who's abusing kids, one way or the other, I don't have any sympathy for them."

Whitmore said she didn't have any sympathy for the abuser, either, but she sympathized with the person being abused.

Commissioner Joe McClash said that if someone was held responsible for their actions, there might be less abuse. "It's an option, not a mandate," he said. If they have to pay, they might think twice before abusing.

"If $250 is going to persuade you to go back and start abusing a child, that means that nothing else in their life is going to occur," she said. "Because anything can make that trigger. This $250 is not going to be the only thing that triggers someone who's doing abuse to do even more abuse.

"You can't save them that way. There has to be, normally, before you get them back, some parenting that transpires between the person who's being accused and the children who's being taken away.

And an awful lot of things happen to you in life that are unexpected. I don't see that as being the case."

Consent agenda

Also Tuesday, the County Commission approved the following items on the consent agenda in a unanimous vote:

• National Family, Career and Community Leaders of America Week – February 7-13, 2010

• Cortez Festival Days – February 20-21, 2010

• Gulf Coast Senior Games Week – February 16-21, 2010

• Buffalo Road Realignment Project – Adopt Resolution R-10-029 determining public purpose and necessity, and Resolution R-10-030 authorizing use of eminent domain ”quick take“ proceedings, in the acquisition of certain parcels of privately owned realty, as related to the proposed construction of the Buffalo Road-Realignment Project

• Eminent Domain: 17th Street West (Memphis Road), Palmetto - Approve Offer of Judgment/Proposal for Settlement by Manatee County to Defendant Jimmy D. Green in the eminent domain case, Manatee County v. Henry Lawrence, et al., Case 2008-CA-1398, Parcel 135

• SHIP Mortgage Property – Authorize County Attorney’s Office to negotiate settlement for payment of the amount of the Manatee County SHIP loan or for a deed to the property in lieu of foreclosure; or if settlement fails, to file a foreclosure action against the Estate of James Richard Gilreath for repayment of a SHIP mortgage in the amount of $38,672, or for sale of the property*

• Driver Education Program – Execute agreement with School Board of Manatee County for program in the amount of $171,093*

• Emergency Home Energy Assistance Program – Execute Amendment 3 to agreement with West Central Florida Area Agency on Aging, Inc., increasing funding amount, and adopt Budget Resolution B-10-023 amending annual budget for Manatee County for FY 2009-10

• Home Care for the Elderly - Execute Amendment 2 to agreement with West Central Florida Area Agency on Aging, Inc., transferring funds from Subsidies to Case Management category, and adopt Budget Resolution B-10-022 amending annual budget for Manatee County for FY 2009-10

• Bailiffs for Juvenile Cases – Approve Budget Resolution B-10-025 to provide additional $152,058 to the Sheriff for the cost of providing three additional bailiffs to handle Juvenile Court cases

• Budget Amendment Resolution – Adopt Budget Resolution B-10-021

• Property with Delinquent Tax – Award IFB 10-0693TR to Herald Tribune, and authorize Chairman to sign letter notifying Manatee County Tax Collector of Board’s action

• Tree Trust Fund – Update proposed sites and authorize Property Management to acquire funds from Tree Trust Fund for the G.T. Bray Recreation Center/Administration Building; and adopt Budget Resolution B-10-024 amending the annual budget for Manatee County for FY 2009-10

• Economic Development Incentive (EDI) Grant – Adopt Resolution R-10-025 finding that ”Project Oliphant 2010“ is approved for an EDI grant up to $133,000 over a five-year period

• Economic Development Incentive (EDI) Grant – Adopt Resolution R-10-026 finding that ”Project Star to Star 2010“ is approved for an EDI grant up to $80,000 over a five-year period

• Land Use/Deed Restriction Agreement – Execute agreement with Manatee County Housing Authority for a Neighborhood Stabilization Program housing development at 5827 21st Street West, Bradenton

• Land Use/Deed Restriction Agreement – Execute agreement with Educational Consultants Consortium, Inc., for a Community Development Block Grant program for rehabilitation of the Anna E. Gayle Community Center – Mary Kelly House

• Norma Lloyd Park – Accept contribution of $500,000 from the Central Community Redevelopment Agency to match a Florida Recreational Trails grant for design and construction of a multi-use trail

• Final Plat: Royal Palm Crossing – Approve, execute, and record

• 9th Street East, Bradenton – Execute Utility Easement to City of Bradenton required for constructing a sewer force main

• 44th Avenue East - Adopt Resolution R-10-022 authorizing Property Management to conduct pre-suit negotiations and make written offers to purchase certain parcels required for the road improvement project before proceeding with eminent domain

• Bayway Park – Adopt Resolution R-10-014-V declaring a public hearing on March 16, 2010, to consider application to vacate a portion of a platted easement for improvements*

• Concession Golf Club – Accept and record Utility Easement from The Concession Golf Club, LLC; Affidavit of Ownership and Encumbrances; Joinder

• Natures Way – Accept and record Utility Easement from Schroeder-Manatee Ranch, Inc., required for a sanitary sewer lift station; Affidavit of Ownership and Encumbrances

• Wares Creek Stormwater Improvement Project (Parcel E105.2) – Accept and record Access and Maintenance Easement from Christopher E. Costantino, Ralph F. Costantino and Donnatta Costantino-Lowenhaupt; Affidavit of Ownership and Encumbrances; Quit Claim Deed

• Wares Creek Stormwater Improvement Project (Parcel E106.2) – Execute Contract for Sale and Purchase for an Access and Maintenance Easement from Donald R. Olmstead in the amount of $5,400

• Wares Creek Stormwater Improvement Project (Parcel 150.2) – Execute Contract for Sale and Purchase for an Access and Maintenance Easement from James M. and Virginia O. Variot in the amount of $33,990.25*

• Spay and Neuter Program – Adopt Resolution R-10-019 establishing a program for dogs and cats transferred from Manatee County Animal Services to Animal Welfare Organizations; and adopt Budget Resolution B-10-026 providing $20,000 in funding for this program from the Reserve for Contingency

• Hazard Mitigation Grant – Authorize Chairman to sign agreements awarding $70,582.60 for FEMA Project 1785-018-R*

• Surplus Vehicles - Classify vehicles which are uneconomical to operate as surplus per Florida Statute ¤274.05 to enable appropriate and authorized disposition, and authorize disposal

• Fee Waivers – Waive $1,388.10 in service fees assessed to utility customer accounts for returned bank items

• Uncollectible EMS Accounts – Adopt Resolution R-10-023 to remove uncollectible accounts for ambulance services totaling $187,301.05

• Responses to Board Inquiries - Accept into the record responses from various County departments to inquiries of the Board of County Commissioners: 1) Sidewalk at Kingfish Boat Ramp (B905139), 2) Palmetto Transit Center (B1000132)