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Live blogging at the County Commission


Waiting for the meeting to start.

Called to order.

Honor Guard conducted pledge.


Changes to consent agenda.

Whitmore says Getman on way.

Pull item 20 and 21.

Hayes: Pull 10, 14, and 38.

Citizens comments

Comments closed

Awards and presentations

Drug Court Proclamation

Whitmore: 20th anniversary of drug court

Memorial Day, May 25

Memorial Day Proclamation by Larry Bustle

Reading of names of those lost in war on terror.

This is a memorial day, not a celebration day.

Take time at 3 p.m. to stop and reflect on the fact that the U.S. has given a fair share in history in war. Men and women.

Ken McCoy, head of the Manatee County Veterans Council.

Ceremony. Wreath laying.

Ellenton-Gillette Road ceremony.

Memorial ceremonies.

Code Enforcement Officers' Appreciation Week, June 1-5

John R. Chappie

Reading of Proclamation

Chappie: These guys do a great job.

People introduced to commission.

It's an honor to be working here.

Worked hard to educate the community.

Working on code enforcement cases.

Thank you.

Whitmore: can't believe there are seven officers. You guys represent 716,000 residents. It's not an easy job. Nobody likes you, but we do. Thank you for all the hard work you do.

Brown: I've gone out with at least three of you and it's quite interesting. Encourage people in district to not resist you in terms of your responsibility. It's a pleasure working with you. No quality of life without you guys working. Appreciate the service you do.

McClash: You've brought a new level of professionalism. Very rarely get a complaint. That speaks highly of their professionalism. It's not an easy thing. Their attitude seems to be very professional out there. They're doing an A-plus job in my opinion.

Hayes: Likewise, I want to thank all seven of you. Thanks for professionalism. When you visit people, I have heard a lot of positive comments. Public should realize these folks go out on Saturdays and Sundays. You're like professional doctors, you're on call all the time. I thank you and thank all seven of you for treating my constituents so well. You are out there educating them, and then they understand why this a violation and must be corrected.

United Way report

Mary Pendleton Brown and staff

Campaign results, awards, standout individuals

We had a very hard economic year, but county employees raised donations. Raised $17,000 more than last year.

Public works department stood out. Allowed United Way people to speak to employees.

Increased participation from 10% to 50%.

We appreciate you taking the lead on that. They get the department spirit award.

Mark Franzen made a difference. Gets award. Instrumental in getting participation.

Parks and Recreation. Markus Francis. Getting dunk booth going.

We're hoping for this year we'll get participation from elected officials.

Help us with seafood fest this year.

Jerry gives Manatee County awards.

Pleasure to be here to recognize significant accomplishments.

We're in difficult times.

Campaign came in 7% less than year before.

Disappointed, but encouraged that people thought it would be worse.

Bright light was campaign by county employees.

Recognized people for their effort.

Campaign more than $155,000.

Happens because of leadership and example.

Mark Franzen was very impressive in way he approached campaign at his department.

Told Mark he should talk to people.

Can see the results.

Shows what a difference leadership and hard work can make.

Raffled off ring, vacation. Great prizes, plus a yard sale.

Also presented on May 15.

First presentation was silver award for $50 to $75 per capita donations.

Board of Director's Award for between $100,000 and $199,000.

Thanks to everyone for help and leadership.

We're looking forward to another great campaign in 2009.

Brown: Thanks to employees. It's a trying time to give nowadays. We thank you and appreciate the service.

Hayes: Before you go, we're going through some tough times. Jerry Koons is everywhere. Will be at fundraisers, memorial services on Memorial Day. His appearance means so much. Construction has been our No. 1 industry and it has gone down, but folks don't realize how it trickles down. Charities have depended on the help of those with jobs. Have been donating pay increases to United Way. Encourage other commissioners to do the same. Proud of the county and you and your staff. Keep up the good work.

Koons: Mr. Hunzeker is also on our board.

Citizen's Comments

Matthew Mayo

Live in Palmetto.

Olympia theater will open on May 23 at 8 p.m. Inviting commissioners to opening night. It's been 14 years and we're ready to open.

Any others?

Julie Roberts

Asking for a reconsideration of Estates on Tillet Bayou.

Voted for approve project. Repealed ordinance.

Applicant had ex parte communications. Residents did not.

Applicant said he could not follow stipulations.

Two site plans to show at a future meeting.

Comp plan.

There will be times when code needs to be applied.

Areas have developed differently.

Not planned communities.

Ask for motion to reconsider.

McClash: Let's see drawing on overhead.

County attorney Sarah Schenk: Can't accept new testimony without advertising a public hearing.

McClash: It was OK for applicant to approach us behind closed doors.

Brown: Will follow county attorney's advice.

Whitmore: Ask commissioners to reconsider.

Chappie: OK.

Brown: Yes.

Any other comments?

Man standing in audience.

Brown: You have to come to the mike.

Victor Coveduck: Wanted to address school impact fees and other impact fees, transportation, at the time you hold those items.

Brown: I will take them.

Coveduck: Thank you.

Anyone else?

Public comment closed.

Item 44: Rose Park Plat

Public comment closed

Item 45: Red light running

County attorney's office

Scrivener error on page 3 of ordinance.

First sentence: Burden of proof on county for violation.

Ask that you adopt ordinance.

Public comment.

Public comment closed.

Item 46: Cooper Creek DRI

Public comment.

Public comment closed.

Item 47: Sidewalk and street tree bonding

Public comment

Public comment closed.

Item 48: Educational facilities impact fees

Victor Coveduck: Cutting impact fees for two years for schools.

For Federation of Manatee Community Associations.

Oppose reductions of impact fees for schools.

Paper's headline :$14 million in school cuts.

Understand need for cuts.

Growth will slow down and school populations will drop.

Maintain what they have and hold on spending and accept that county cannot do without impact fees.

County needs fees.

You need to cut your spending and your budgets.

Thought I'd come forth for Mr. Marshall and let you know where Federation stands.

It doesn't seem possible you'd think of it.

Our taxes are high enough; we don't need to pay for impact fee reductions.

Brown: Time's up.

Coveduck: You received Federation newsletter and article on dangers of cutting impact fees.

Do not vote to cut impact fees for schools.

Brown: Thank you, Mr. Kovach.

Whitmore: Didn't school board vote for one year?

Hunzeker: Talked to McGonegal.

Whitmore: Didn't really support this freeze. Willing to still give it a try. Won't be building anything anytime soon. We should be flexible. Just wanted to clarify that with school board.

Getman: Schools voted to cut impact fees. Impact fees can't be used for operating budget, just construction. Makes sense to cut impact fees.

McClash: Let's take these items outside, or if not I'll just vote yes.

Brown: All you have to do is just ask nicely.

McClash: I understand school board did consider two-year request. But did not vote for it. It concerns me. We go by formal action, not by what a superintendant feels.

We have something in writing for one-year elimination of fees. Impact fees are cumulative. Every students needs a building for a school. $10 million buys a whole elementary school. Will put motion for ordinance that it will be for one year starting July 1.

Motion to amend.

Hayes: I'm not seconding it. Want to clarify. Lot of discussion about school board. Talk this will be a tax. Only reason for suspending fees is because it's not needed. Construction has taken an economic drop. Not building homes, no impacts on roads. This applies here just as well. If no more homes, no more roads and no more schools. Not a tax to the public. If it was, it would be a public referendum.

Bustle: The motion?

Brown: It died for lack of a second.

Bustle: We cannot use impact fees for our budget, nor can schools use them if they are not used. They just sit. If there's no need for a school, why take the money from our constituents? Disagree with removing 48 and 49.

Brown: Public comment on 48? Closed.

Item 49: Road impact fees.

Whitmore: I am not totally convinced this will do what the development community is hoping, but I'm willing to try. Did get a call from someone who sold six homes. Hopefully we'll see some more results.

McClash: Want a presentation based on discussion of impact fees. County attorney says amounts need to be based on a study.

Ans. Study has been done. Mr.Clay will tell you.

Clay: We looked at it.

McClash: It says it will provide a stimulus. You're not aware of any study that says that?

Clay: No.

Brown: You may do as you wish.

Hayes: Add to other commissioners' comments. Developer saved three jobs in his company. Jobs keep our constituents employed.

Clay: Before you vote, I have given corrected copies, madam chairman.

Brown: Public comment.

Coveduck: Shows news article: Planning: Slash road impact fees. Plan would result in finance shortfall for transport projects of $7 million over two years. So said Jim Shafer of your department. Five capital projects delayed, widening projects, countywide acquision of land for transportation. These will happen, and when I hear you'll lose money, that doesn't make sense to me. It doesn't make sense to the Federation. You're saying taxes won't go up. Can you guarantee it? I've never seen mine go down by much.

Legislature said schools can keep tax money, but only if boards agree to a property tax increase. Will we? I'm afraid we will, but I don't think the voters will approve a tax increase. There has been lobbying. What about Lakewood Ranch's empty houses and drywall? I keep bringing up foreclosures. Building more when there are empty homes to be had at a bargain doesn't make sense. Quite clear that an erroneous decision to suspend impact fees is a mistake. Urge you to reconsider. Last thing is that I read Matrix study. It seems the bottom line is we're going to make all these changes and it's developer-backed. It's not for the average citizens, it's more for the developers. Are we at this time ready to develop despite being through the belly-up of so many developers. Thank you.

Anyone else?

Hayes: Cannot guarantee how constituents will vote on taxes. I have a strong record of not supporting tax increases. I will do everything to make sure it is a public referendum. As for the houses, that is a marketing decision made by business. I've always been pro-business. That is their decision, not mine. It's up to constituents if they want to purchase them.

McClash: Question for transportation people. If revenues are cut and can't pay certificates, could developer rely on certificate since you lack funding?

Ans.: Certificate is approved. New projects without improvements listed would have to take into account impact of their project, with a burdon on them.

McClash: How do you have the chance to review the certificates? Have you reviewed it or not?

Ans.: Many of those projects aren't moving forward. There is a commitment but they aren't moving forward.

McClash: Question about list of projects in comp plan. Developers are supposed to be able to rely upon those projects. Will this be coming back to the board to change. I thought they could rely on it.

Ans. Will provide that information. Capital improvements presentation coming soon.

McClash: Should have been done in sync. Out of order for board action.

Last comments. All these objectives will not be met. Policies and objectives go against policy. Cutting it 50% without the facts in front of us is not meeting need of compl plan and serves no public interest at this time. No evidence that $3,000 will affect a person buying a home.

Hunzeker: We discusseed this and indicated the result. It may delay some projects, but we will present to you the capital program next month.

Whitmore: We talked about this at length at previous meetings.

Brown: Motion

Motion carries 7-0

Motion carries 6-1

Motion carries 6-1

Item 50: intersection improvements 99th Street NW at 17th Avenue NW.

Roundabout construction $226,000. Believe that we can have a more standard improvement that costs less.  Make it a standard intersection.

Four-way stop to cut travel speeds. Concurrred with that.

Cost is $150,290. Savings of about $75,000.

Mr. Roberts is here.

Whitmore: I voted against the roundabout. It just did not make sense. Support this. I like the four-way stop.

McClash: Concur with staff. Sidewalk going westbound should connect to entrance of park.

Ans. We can put a crosswalk in this area.

McClash: Roundabout was a good idea, but it was three times bigger than the one in Bradenton Beach. Very unsafe now. Should not be on back burner. One other area. On 99th, there's that crossover and no margin for error there. Don't have a place to pull over. If they don't see it, they're in a ditch. Take short extension of stormwater culverts.

Ans. Will have maintenance folks look at it.

Getman: If you make it so safe, you'll take the adventure out of it. I did support the roundabout, but want to save money. I support a four-way stop.

Motion to approve item as presented executed as quickly as possible.


Vote 7-0, item carries.

Five-minute break.

Call to order.

Wares Creek project gets Army Corps approval

After permit is issued, federal government can do a project participation agreement with Manatee County and federal government.

Must be signed by Corps of Engineers. After it's executed, will be returned to Manatee.

Bids, certification of project.

When will project start? Six months after bid awarded, maybe mid-2010.

Corps will execute document.

We are a co-permitee. We crafted it very carefully. Liability apply only to mitigation. Project is not something DEP can initiate against us.

Whitmore: Good job. Talked to Rep. Buchanan. Got the permits, now let's move. Keep us up to date.

McClash: Thanks to Buchanan. He's dogged this item in D.C. Mr. Clay. With PCAs there was trouble and we had to pay.

Clay: We'll talk about it when it comes back.

Brown: Negotiating with a federal agency can be difficult.

Motion to allow chair to sign a letter.

Vote 7-0.

Item 51: Fort Hamer bridge.

Exchange of property to build bridge across Manatee River.

Bustle: Defer item.

Passing out brochures.

Jack Jacobson: My partner has been doing projects for almost 30 years. Record will show that none of us have proposed a bridge. It's a fair question. Why are we here today? Answer is that in 2007, McClash said that there was a long-term problem and it would be good to have a bridge at Fort Hamer and that there was no funding and wouldn't be funding. Did we have any ideas to advance bridge project? At own expense and on own time, we talked to JP Morgan Chase and they determined it would be financeable. Talked with engineering firms on cost estimates and designs. Led us to believe project was financeable. Made proposal that's been discussed over the past few months.

What we want is what's good for the county. If the priorities have changed and the Fort Hamer bridge is now a priority, we support the county in doing whatever is best. We are much smarter about this project, and we are prepared to help and be of assistance if the need arises.

Pat Neal:

Think proposal is good for Manatee County. Been trying to build this bridge since 1909. Fort Hamer is where the bridge was to be built. Stopped by a suit in 1909. Put on major thoroughfare in 1968. Commission working on it since 1999. 2001 PD&E. Seemed like county wasn't going to get there from here. 2008: $127.4 million.

We thought there was an opportunity to work on a public-private partnership. Lots of interest from nationally recognized bridge consortiums. New bridge alignment. Objections from Waterlefe.

Worked a year and a half.

Solves double S-curve problem. Displaces bridge to west to avoid impacts on island and sea grass.

It is of course a toll facility,

Contrast Ron's bridge with ours.

Honore Avenue project. $12.4 million contract went to $7.8 million. We think it was good for the county.

19 projects we built for the county, mostly because you made us do them.

We did it because you thought we could build it better and cheaper.

Ron to give presentation.

We're here with you on everything and you can reach us. Not in Madrid or Houston. We'd like to work with you.

Hunzeker: Before Ron starts, while this appears to be coming in late, we are in the budget process. This presentation is two weeks in the making. They worked diligently and as soon as they thought they could make a go of it, they brought it to us.

Ron, Manatee County Public Works

Reason we're coming forward is dollars have been freed from 301 project. Here's an opportunity to do this.

We have a proposal. We can build a 2-lane facility for $28.4 million.

We know there is some work to be done. Pretty comfortable number today.

In 1998, on MPO major priorities listing. Latest figure was $139 million.

We have cut that facility for a 2-lane road, 2-lane bridge.

Least impact, less intrusive, financially feasible, use local people.

$1 million for land acquisition.

Need to buy some right of way on Fort Hamer and Upper Manatee River Road for shoulder.

Design for future 4-lane facility.

Benefits of Fort Hamer bridge.

Did study on response time. Erie Road to Lakewood Ranch: 28 minutes at normal travel.

Loss of I-75 bridge at 301, recreated it.

Response time, 35 minutes.

Recovery time. Ambulance north of the river is always busy. Getting it back across the river is critical.

The most critical facility the county can build.

Erie Road to Manatee Memorial: 28 minutes.

Without Fort Hamer and 301, 36 minutes.

Some permitting issues.

There is an eagle, U.S. buttons, bullets.

We believe we can build a non-toll facillity and can fund it over five years.

Whitmore: Glad you found $28 million. Not my priority. I'd rather use the money for other infrastructure aside from building this bridge. you can use EMS, the criteria has changed. Most don't go to the hospital or fly on a helicopter.

This is an example of our dais engineering group. Met developer, started engineering. I read a hundred hateful e-mails. Mr. Neal is just doing his job. I would rather use the $28 million for something we needed. This land exchange is what we need for the port connector. I apprecaite all you've done. Just my thoughts.

McClash: It's my understanding the $28 million can only be used for transportation. My goal was just to build two lanes. Had to ge trhough PD&E process. Initial project goal was a two-lane road. Today you just need a connection across the river. I need to ask if there's a county purpose for the bridge. Introduce a letter from Mr. Howe. There's two things that have taken place that have identified this as a county purpose. Regional plans. MPOs put this on a regional significant road plan. Mechanism with MPOs that have authority to do this is to set up a regional road plan. Had to establish plans with Charlotte County. We put Fort Hamer on there as a regional road. While the agreement is nice on its merits, there is a county purpose to this project.

Madam chairman, I support the $28 million project, and want more information.

Getman: I appreciate what Pat has done. We need a bridge for diversity in our roadway system because it funnels traffic. People are concerned about traffic. We put in more diversity, except north and southbound. We need the 20th street bridge, too. This bridge is needed for north-south traffic. Everytime we have an accident on the bridge, we have complete gridlock. This is a reasonable alternative. Offers alternate way to go north and south without using other roads. I don't care who builds the bridge. "I have full faith and confidence in his ability to do that." I support the bridge, whatever way we have to do it."

Hayes: I support the Fort Hamer bridge. If we don't know anything else, we should learn from the I-75 bridge accident. I question if we can do it for $28 million. These folks have been working on it for a year and a half. And at the last minute, we come up with something else. I'm glad you have found that money. It could be used for other things.

I support a request for proposal. Compare county's proposal with others. If anyone wants to come forth, let's compare apples with apples. I think we need to decide what we want to do there. Private enterpise planning for Manatee has been big. Propsoal needs to be considered. We're sending the wrong message out there. We're going to have to consider that. Impressed that we'll make life easier for emergecy services. I would like to see a request for proposal.

County attorney recommends motion still stands.

Brown: Please be more succinct in comments.

Whitmore: I would rather $28 million be used on our roads. As for bridge. I can't justify spending this much money to build this bridge. It'll be more than $28 million. I took you guys at your word. We were looking at a land exchange. Can't justify spending money like that.

Brown: We got it.

Bustle: Move to continue with RFP for bridge.

If Mr. Bustle's motion is adopted.

Bustle: That was my intent. Let's do an open and aboveboard request for proposals.

Clay: Incorporate that motion for staff to prepare an RFP.

There are different ways to do it. Not sure if it's going to be easy to figure it out.

Recommended motion crafted before Ron's proposal.

There is a difference. As a straight county project, tell staff it's a county project. It's a policy decision for the board.

Hunzeker: There are different types of RFPs. RFP in county attorney's office. Anyone could respond.

Do you want a 2-lane, $28 million project to a six-lane bridge to whatever is offered as an alternative.

That would take more time.

Brown: From a simple idea to something very complicated.

This was a land swap. We found dollars to build the bridge on the land for the land swap. We found the money, build the bridge as a non-toll facility.

McClash: Motion needs to be clarified. We don't need a complicated private-public partnership. I support the motion of doing this quickly.

Hayes: My intent was to send out an RFP to build a two-lane bridge.

Bustle: Modify my motion. Request for proposals for a county project to produce a Fort Hamer bridge.

Seconded by Hayes.

Whitmore: Why did we take it off our priority list if it's such a priority? I want the money used for something else.

Getman: Anyone can bid on this?

Ans.: Yes.

Chappie: A four-lane bridge?

Ans.: No, a two-lane bridge.

Motion on the floor.

Getman: Mr. Neal wants a minute to respond.

Pat Neal: It's very important if you're asking the county to build a bridge or design and build a bridge. Waterlefe access, height, lanes, public information on Rye Bridge, We have an infrastructure department at Neal. Our bridge is different from his bridge and less expensive. We deal with the eagle, shell casings.

We're developers, not bridge builders. We have really different parameters. We wouldn't bid on this bridge, though we might. If you do go forward, we can save lots of money. Our real goal is to get a bridge built in Manatee County. All we want to do is get into the sunshine and get a good response.

No design on bridge. Just an alignment and a height. We will come back with a design.

Design work has to be bid out. We can't do it.

McClash: I prefer design-built. Make sure motion is very clear.

Clay: Let the staff look at that issue. Once you enter into a contract for design-build you need to have the money. You could run into a problem. You'll need some engineering before you get to that point.

Bustle: I did not include the type of RFP. That's what I want staff to look at it. That's the intent of the motion.

McClash: Go or no go decision.

Clay: We'll wait until we have better numbers.

Whitmore: So now we're designing it again. It will probably double in price. Make sure no commissioners write or call the secretary of transportation and put him in the middle.

Hayes: I think that this should be a RFP. Let's see what comes back. They can be adjusted along the way. We need to move on with the RFP and this discussion of design build. Designing from the podium.

Carlos: He'll tell you about prejudicing the port connector road.

Ron: Told to stop calling state and federal reps.

Brown: Motion on the floor.

Hayes: Want RFP finished in 90 days.

Ron: You haven't said that and if you want to reprioritize my workload.

Brown: How much time do you need?

Ron: We'll do it in 90 days.

Brown: Motion on the floor.

Motion carries 6-1, Whitmore dissents.

Brown: Private-public partnerships cannot be crucified, changed, etc.

There's no way county government can do everything. Can do it cheaper.

Thanks to you. I know you don't like to do the RFP thing.

Neal: This is our third attempt. We couldn't do it on 301.

Couldn't do it on Fort Hamer. We are here to help. Maybe the word participation agreement is what you want to focus on. I think Chris and I have learned a lot.

Thanks to board for listening so carefully.

Brown: Thanks to staff coming forward. Maybe we can get something done.

Do we want these partnerships? Would make it much easier going forward.

Item 52: Fort Hamer Road Intersection Realignment

Relocation of Fort Hamer Road. Realign Fort Hamer so it comes to 301 at an angle. Eventually become a signalized intersection.

Existing road would be cul-de-sac south of 301.

Existing road project on 301 includes a jug handle to make it a smoother turn. Leave this as a jug handle configuration instead of cul-de-sac.

At some point, we may have to consider some decisions. Do a context-sensitive design. Lower speed limit, and affects access management class of the roadway.

May not come ever get closed.

These are all decisions that are dependent on other future decisions.

Whitmore: Are we taking property?

No, it's in right of way.

McClash: If possible, it would be good to see access medians since it doesn't look like the plans. This is in the scope of work. You need a motion?

Whitmore: It's on our agenda.

We did ask for approval for realignment.

Motion carries

Item 53: MPO Project Priorities

Propose to replace No. 5 from Old Tampa to Moccasin Wallow to read from CR 675 to Moccasin Wallow, adjust the price.

Keeping project No. 7. Our side funded with stimulus money.

No. 9  is 64 to 9th street

No. 10 is 15th Street East replaced.

No. 15 Upper Manatee River Road replaced with 44th Ave. E. to Lakewood Ranch Blvd.

High-dollar projects ahead.

New project by Callahan Tire. Signalization.

Enahncement fund. Multipurpose loop and east county trail.

Three new projects. Sidewalk in Samoset area to school.

Third project: Fill in the missing links in NW Bradenton from Robinson Preserve to 21st Avenue.

 McClash: Projects in CMS. car wash owner shows set of plans. If county does what it proposes, will create more problems. You'll hurt his property rights. if you want to come back and show us some safety issues. We've dealt with this issue before. Thought his property would be bought out. Will always be kind of a congested intersection. Concerned about his business operation. He thought it was a dead project

Harry: It was in the list the longest, and it floated to the top.

McClash: Asking MPO to do another river crossing. It scares me. Federal dollars. That's two bridges. You'll get stuck in EIS again. I've not seen a bridge project go right when you're using federal dollars. We haven't had a presentation on why 44th makes sense.

Brown: Let me suggest. You're either going to do something or you're not. Fifth Street. Take a look at that intersection. Are you ever really going to do anything with that intersection? So we can make a decision so someone isn't dangling. We need to make that decision.

Getman: Regarding Fifth, I'd like to see if we do change. What will be the benefit? It's slightly congested. 44th, we gave direction to staff to work all the way to 45th Street.

Items pulled from consent agenda

Item 10: Bennett Park

Hayes: Company does apartments. Majority of team is local. I would think we would want the best park. I think we should look at a vendor with park experience.

Ron: KimleyHorne is engineer with park experience. It does have offices here.

Hunzeker: Reviewed by a commitee, ranked them high.

Brown: Sometimes there is a disconnect between what we say. If we are pushing for a local firm, we mean a local firm. Want to make sure it's very clear.

Ans.: We looked at all the criteria, which led us to our decision.

Hayes: Did not get discrepancy in price.

Ans.: Range of prices goes through the phases. My understanding is that that is the range of the cost of most of the phases of the work. We'll be very cost-sensitive about the phases.

Hayes: Not going to support this. Motion to deny. Motion dies.

McClash: We tried to go directly to the developer, but we were told we can't do it, and we went out to bid and he got it. Moti


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