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LWV County Commission Meeting Notes: 12/6/2022

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The League of Women Voters of Manatee County Government Committee observes the Manatee County Commission meetings for items of interest to the League and notes adherence, or lack of adherence, to good governance procedures and the Sunshine Law. The following are the major points from the Board of Manatee County Commissioners Regular Meeting on 12/6/2022, observed by Karen Curlin and Coleen Friedman.

ITEMSOF INTERESTClick Here for agendaandHere for Video


The Pledgewas led by Virginia Phelps "Tink“ Hendee, a 101-year-old female veteran of WWII.

Florida Green Building Coalition Platinum Award- The FGBC designation for environmental stewardship was recertified for a second five-year period in September 2022. In 2017 the County received platinum status for processes and procedures that focus on environmental and conservation principles. The County was the first in Florida to receive platinum status.

Proclamation to recognize Dec. 5 as Kiwanis Club of Bradenton Centennial Anniversary Day. Established in 1922, the group has contributed generously to the community, donating more than $9,000,000. They announced that they plan to donate $500,000 in seed money for an inclusive/accessible playground in east county.


Citizen Comments for Future Agenda Items
  • A Coral Shores resident discussed the damage caused during Hurricane Ian when a private seawall broke, and soil was dumped into acanal.
  • Two representatives of local pet stores spoke against the ban on the sales of dogs and cats and discussed the internal safeguards their businesses have regarding breeders. One stated that 20 employees who will lose their jobs and the other stated 25 will lose their jobs if the ban continues. They said they want to work with the Commission and feel that there are unfair accusations being made.
  • A resident made a plea for the county to stop using Roundup at GT Bray dog park, implying that it has killed trees and grass, and may be responsible for the death of his dog.
  • Two residents requested that Washington Park be completed.
  • One resident complained about difficulty signing up to make comments after the meeting had started.
Commissioner Responses to Citizen Comments
Van Ostenbridge responded to several items:
  • He said that he would investigate the sign-up to speak electronic process and reminded the speaker that it is not necessary to electronically sign up. Remarks can be made if they are in the meeting room.
  • He addressed the Coral Shores damage issue saying that he has been in contact with someone from the HOA to connect them with various organizations. Attorney Clague reinforced that there is an active risk management investigation going on in his office.
In regard to Washington Park, Baugh remarked that she wasn’t aware that the park was incomplete and that the new commissioner for that district (Ballard) would address it. Ballard assured that she would focus on the park.

Hopes provided more information on Washington Park, saying that the DEP found that part of it is a landfill with toxic materials. The state proposed treating it as a landfill and fencing it off. Hopes proposed asking engineers to assess whether the materials could be removed, and a pond created. The Board previously allocated an additional $3 million in funds.

Item 18 – Amending the Annual Budget for FY23
Baugh pulled this item from the consent agenda because it would transfer funds to the traffic light project at the intersection of Lorraine Road and Players Drive. This has been a longstanding concern of the community and she has received many emails from residents on both sides of the proposal: traffic light or roundabout. Chad Butzow, Director of Public Works, clarified that funds are needed to gather additional facts to determine the impact of a light versus a roundabout.

Item 33 - Authorizing Department of Health (DOH) to arrange to store refrigerated vaccines on county property (Public Safety Center) in the event of a power outage
Satcher pulled this item stating: "a lot of people made bad decisions regarding vaccines.“ He said he won’t vote for taxpayer dollars to prepare for future vaccines, believing that this motion is about Covid vaccines.

Hopes clarified that the agreement states that the Department of Health will be using 3 refrigerators and one freezer for the storage of vaccines in the event (or in advance of) a major event that could cause widespread power outages. Significant discussion ensued about vaccines, freedom, and children’s health.
Motion approved 6-1 with Satcher voting against.

Community and Veterans Services – 2021-22 CAPERS report
Amanda Warner, community development manager for the Federal Housing and Urban Development (HUD) funds, presented the consolidated annual performance and evaluation report which details the 2021 to 2122 work on the 5-year block grant.

(From the executive summary) For this Program Year Manatee County was allocated $1,904,294 in Community Development Block Grant (CDBG) funds (as noted in line 02 of PR-26 Financial Summary Report), $651,923 in HOME Investment Partnerships (HOME) funds, and $162,291 in Emergency Solutions Grant (ESG) funds through a formula allocation from the Department of Housing and Urban Development (HUD) In response to the COVID-19 pandemic the County received a supplemental allocation of ESG and CDBG funds as authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES), Public Law 116- 136, known as CDBG-CV in the total amount of $2,698,615 and ESG-CV in the amount of $2,703,218. Since receiving this allocation, Manatee County, Florida has administered several activities that include Homeowner Rehabilitation and Down Payment Assistance, Meals on Wheels and Project Smile Public Service activities, Sunrise Community of Southwest Florida Adult Training Center Remodeling Project, 15th Street Sidewalk Improvement and Washington Park projects to name a few.

The county assisted just under 3,000 families in FY22 with this federal funding.
  • Ballard noted that unsheltered homeless encounters doubled since 2019 and asked why; Director Washington said it is largely due to a lack of permanent housing and high rental costs.
  • Van Ostenbridge reminded the Board that they previously were directed to meet with Sarasota counterparts to discuss homelessness.(On April 19, 2022, the BoCC unanimously approved a motion to have the Florida Housing Coalition conduct an evaluation of the continuum of services to address homelessness in Manatee County, among other activities related to housing and homelessness in the county.)
Motion to approve passed 7-0

Item 52 - Approve recommended alignment of 59th St as 4 lanes from Cortez to SR 64
Scott May, a county engineer, presented several modifications to the previous proposal for the 59thStreet expansion.

Van Ostenbridge pointed out that the modifications significantly reduce the need for right-of-way acquisitions. In addition, he would like to re-evaluate the need for a roundabout despite the Board adding a specific mention of that previously.

Attorney Clague advised the board that it is best to reword the resolution so that the decision about a roundabout was not a requirement and would be at the discretion of the engineers.
The motion to approve passed 7-0.

Item 58 - Development Services Milestone Report
As a result of the Surfside condo collapse near Miami last year, the Florida legislature passed a safety statute which mandates that condos more than 3 stories tall, 25 years old, and within 3 miles of the coastline or 30 years old and more than 3 miles from the coastline must have structural engineering inspections by Dec. 31, 2024 (thereafter every 10 years). To prepare to address this statute Manatee County has identified 510 structures in Manatee County and 105 in unincorporated Manatee County and they are being notified.

Item 59 - Amendments to Land Development Code and publication of Legal Notices
Nicole Knapp, County Planning Manager, said that as per new legislation, legal notices no longer need to be placed in newspapers. Effective January 2023 notices will only be posted on the county website with a quick link from the home page. The amendment will go before the planning commission on 12/8 and will be on the agenda for the 12/15 special/work session for resolution.

Public Works Items
All decisions made today will come back for another vote after adjustments are recorded and contacts made with property owners. The hope is that some may be "friendly sellers“ agreeable to having their parcels purchased totally or in part by the county.
  • 53 - Adoption of R-22-220, alignment of 63rd Ave E from 301 to Tuttle
    • Some discussion among commissioners regarding the need for earlier ongoing alerts for residents and businesses to be affected by imminent domain and construction. There are no plans for noise abatement.
    • Public Comment – changes proposed would not cure the problem.
    • Passed 5-2, Baugh and Rahn voting no.
  • 54 -Adoption of R-22-219, alignment of 75th St W to Manatee Ave.
    • The change would provide for the purchase of 4 contiguous lots (3 vacant). Decision made to move sidewalk on Village Green side to curb to reduce the purchase of property needed on the opposite side of the street. The wording changed to allow for "discretion for adjusting sidewalk.“
    • Public Comment: None
    • Passed 7-0.
    • Van Ostenbridge directs that staff call the affected homeowner today before s/he learns of this from the newspaper.
    • Clague suggests that all future discussions of land use/acquisition include language providing for "flexibility“.
  • 55 -Adoption of R-22-221, alignment of Lena Road south of 44th Ave to Landfill
    • Land needed will be "full takes“. Passes 7-0.
  • 56 - Adoption of R-22-222, alignment of Lorraine Road from Hwy 64 to 59th St
    • Land west of Lorraine needed for ponds due to flood plain. Original plan involved "full or partial takes“ of 3 properties that have since been purchased for multi-family housing.
    • Baugh states that she has been "taken by surprise“ by the scale of the discussions necessary and wishes staff had kept her more in the loop. She says she cannot vote in support until has more information. Satcher moves to "approve alignment of Lorraine Road from Hwy 64 to 59th Street and directs administration and staff to explore any impacts and report back.“
    • Failed 4-3, Rahn, Satcher, Kruse voting yes. Will be on agenda in early January.
  • 57 - Adoption of R-22-223, alignment from Upper Manatee Rd to Hwy 64
    • Involves adding a left turn lane at apartments, pond, and enhanced entry to Waterlefe. Passed 7-0.
Election of Officers for the 2023 Calendar Year

Board of County Commissioners
  • Chairman- Commissioner Kevin Van Ostenbridge (District 3)
  • Vice-Chairman- Commissioner Vanessa Baugh (District 5)
  • Second Vice-Chairman- Commissioner Mike Rahn (District 4)
  • Third Vice-Chairman- Amanda Ballard (District 2)
Port Authority
  • Chairman- Commissioner George Kruse (At-Large)
  • First Vice-Chairman- Commissioner James Satcher (District 1)
  • Second Vice-Chairman- Commissioner Jason Bearden (At-Large)
  • Third Vice-Chairman- Commissioner Mike Rahn (District 4)
Tourist Development Council (TDC)
  • Chairman- Commissioner James Satcher (District 1)
  • Alternate Chair- Mike Rahn (District 4)

GOVERNANCE/SUNSHINE
Link to Good Governance Guidelines

  • Agenda was posted on Thursday Dec 1, less than 1 week in advance. Public comments were still due Friday, Dec 2 by 2 pm. As we’ve stated previously, posting the agenda less than a week in advance does not allow stakeholders enough time to review the items and is poor governance.
  • Commissioners responded to and/or acted on citizen comments/concerns (Players Dr, 59thSt) which are examples of good governance.
  • Discussion was collegial and mostly issue oriented.
  • When watching remotely, the camera in the room is set so that it’s difficult to see who is speaking from the dais.
  • Commissioners and the public should be alerted earlier about important issues such as the delay in the completion of Washington Park due to the discovery of toxic materials.
  • Communication issues are evident, such as citizens notified by third parties about changes and issues, such as the light/roundabout at Players Dr, 59thSt expansion, the Washington Park issue, and a plan/process to remedy should be ordered.
  • Similarly, regular Commissioner Town Hall meetings to inform the public and seek their input re: ongoing developments to the public works master plan are advisable for raising public awareness and support of projects.
  • Commissioners, particularly Satcher, continue to use the Board to air very politicized opinions. His comments regarding emergency plans for cold storage of vaccines was political and unnecessary and certainly not in the interest of public health. It was concerning that there was no public health expert to correct Satcher’s disinformation. It is a public health responsibility to prepare/protect all types of vaccines in case of emergency
  • In April 2022 (04/19/2022 Special Work Session) Chris Johnson, CEO of Suncoast Partnership to End Homelessness, recommended that Manatee County have the Florida Housing Coalition conduct an evaluation of the continuum of services to address homelessness before making any funding shifts. This study was approved by the full commission and it should be completed, reported on and acted upon.
  • The change in how Legal Notices are made, removing it from newspaper notice, although legal in FL effective 1/23, makes notices less accessible to those who regularly read newspapers but rarely, if ever, usecomputers.
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