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LWV County Commission Notes: 8/22/23

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The League of Women Voters of Manatee County Government Committee observes Manatee County Commission meetings for items of interest to citizens and 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’s regular meeting on 8/22/23 observed by Eileen MacLaren and Ruth Harenchar.

Link to Agenda and Meeting Video

Awards/Proclamations

  • Presentation of the August Employee of the Month awarded to Paul Panik, Environmental Program Manager, Natural Resources Department. Paul was recognized for his citizen outreach and education about Manatee County's fertilizer ordinance.
  • Proclamation Designating September 11, 2023, as Tribute to Heroes' Day in Manatee County
  • Proclamation Designating September 2023, as Childhood Cancer Awareness Month in Manatee County
  • Proclamation Designating September 2023, as National Preparedness Month in Manatee County
  • Proclamation Designating August 31,2023, as Overdose Awareness Day in Manatee County

Presentations

Presentation on Manatee County Wetland Mitigation Program - Feasibility Study and Recommendations

Background: Providing wetland mitigation to advance Manatee County’s Capitol Improvement Plan (CIP) has presented challenges for controlling project costs and managing project schedules. One challenge has involved state and federal permitting associated with unavoidable impacts to wetlands as a result of infrastructure development. Nearly all CIP transportation projects, including those planned over the next five years, will involve some wetland impact. Projects with wetland impacts require wetland mitigation. This is typically satisfied by purchasing wetland mitigation credits. However, the fluctuating and uncertain availability of private wetland mitigation bank credits does not provide the assurances that the County needs to plan for roadway and other capital improvements, nor does it support permitting or construction schedules. Another challenge is the requirement to provide mitigation within the regulatory watershed of impact. Manatee County is unique in that it is covered by five (5) regulatory watersheds. Often, phased linear transportation projects can cross multiple watersheds, thereby requiring mitigation credits from mitigation sites within multiple regulatory watersheds.

A motion was made for the Acting County Administrator to establish the Manatee County Mitigation Program and increase Natural Resources staffing by four FTE positions comprised of one Environmental Program Manager, one Ecological Resources Coordinator, one Environmental Specialist, and one Fiscal Analyst.

After a short discussion, approved 7-0.

Presentations on Manatee County Summer Internship Projects (3 of the 15 summer interns presented)

Citizen Comments on Future Agenda Items

  • 2 of the volunteers fired from the animal shelter made comments.
  • 2 people from the Visible Man Academy (VMA, a K-5 school) appeared to ask for an extension to the County’s timeline to request add additional structures to enlarge the school.
  • John Banks spoke in support of the Tunnel to Towers program for veterans permanent supportive housing.

Advertised Public Hearings

Item #52 - Adoption of Resolution R-23-139 and Ordinance 23-111, Establishing Revised Solid Waste Rates - raising County solid trash rates from  $14.33 per month to $23.65.

Approved 7-0

Regular Agenda Items

Item #54, Adoption of Resolution R-23-064, authorizing execution of Agreement between the FWC and Manatee County establishing a Gopher Tortoise Long-Term Recipient Site within Duette Preserve

Background Discussion - The gopher tortoise (Gopherus polyphemus) is a Threatened Species in the State of Florida. The Florida Fish and Wildlife Conservation Commission (FWC) regulates the relocation of gopher tortoises on developable lands under a permit system. Manatee County has worked with FWC to designate a long-term recipient site within Duette Preserve to allow for relocated tortoises. This program will allow Manatee County to restock tortoises in reduced populations and help ensure the continued existence of the species in the County. The designation of a long-term recipient site will allow public infrastructure projects, landowners and developers to relocate tortoises under the FWC permit system. The fees collected will be used for operating and personnel costs associated with habitat management, monitoring and reporting of the tortoise population.

This designation will allow public infrastructure projects, landowners and developers to relocate up to 850 tortoises at a fee of approx. $6000/tortoise.

In the discussion, Satcher asked if the fees can be adjusted based on land type, specifically agriculture?  Answer - yes, the market rate is based on who the private (for-profit) developer is, there can be up to a 20% variance. Ballard asked how much will be reserved for county projects?  Answer - 25% will be reserved for county projects. Rahn asked if the County is competing with other providers?  Answer - no, we are responding to a market opportunity.

Approved 7-0.

#56 – Acceptance of Donation in the value of $13,588.96 from Soar in 4 for Story Walk Program Boards to be installed at Lincoln Park 

Soar in 4 is Manatee County’s movement to ensure all four-year old's and their families have the opportunities and support they need for success in preschool, school and beyond. Soar in 4 is transforming neighborhoods through conversations and leveraging community resources to create generational change, educational success, and economic stability. The donation of the Story Walk program boards will create a 24/7 opportunity to work on literacy at Lincoln Park.

Passed 7-0 to accept the donation.

#53 – Appointment of people to open Citizen Advisory Committee slots on Sarasota/Manatee Metropolitan Planning Organization: 

Background Discussion According to the Bylaws of the Citizen Advisory Committee (CAC) for the Sarasota/Manatee Metropolitan Planning Organization (MPO), nominations for CAC members are recommended by the member governments for ratification by the MPO Board. Manatee County Commissioners make recommendations for appointments to the CAC. Vacancies for six seats were recently advertised. 

All commissioner-nominated candidates from the list of those who applied approved 7-0.

At Large Minority – Xtavia Bailey

At Large Disabled – Eugene Hendry

At Large (2) – Cesar Garcia and John Monetti

Unincorporated (2) – Peter Macias and Cameron Miller

Item #55 - Adoption of Resolution R-23-122, for approval and submittal of the Manatee County (2024-2033) Transit Development Plan (TDP) Major Update to the Florida Department of Transportation (FDOT) District 1 Public Transit Office

Background: The State of Florida Public Transit Block Grant (PTBG) Program was enacted by the Florida Legislature to provide a stable source of annual state funding for public transit. The Block Grant Program requires public transit service providers to develop, adopt, and annually update a Ten-Year TDP and must undergo a Major Update every five years. The last Major Update for Manatee County was approved by the BCC and submitted to FDOT in September 2018. Each TDP update must be submitted to FDOT by September 1st.

In discussion, commissioners mentioned they would like to see Sunday service and more use of Mobility on Demand (MOD) and moving away from big vehicles and more towards smaller vehicles so CDL driver's licenses are not necessary.

Transit Plan approved 7-0

County Attorney Item - Discussion of Finalists for County Administrator

Background - The County engaged Colin Baenziger & Associates (Contractor) to conduct a national search to hire a new county administrator. The Contractor provided Commissioners with the applicants who have responded to the national search, as well as the Contractor’s recommended short list of applicants. On August 8, 2023, the Board selected the five candidates as finalists for the position and voted that that within the next week all candidates be interviewed individually by each commissioner, hold a public meeting to meet the candidates and also have a group interview, so that a selection could be made at the Aug 22 2023 Regular meeting. The 5 candidates were: Andrew Butterfield James Doar Dale Dougherty Don Rosenthal William Smith. Mr. Doar withdrew from consideration, leaving the remaining four finalists for consideration.

Discussion:

  • Satcher, Van Ostenbridge, Bearden, Turner, and Rahn all expressed interest to either delay any vote on the 4 remaining candidates or restart the process of looking for candidates all over again.
  • Kruse and Ballard wanted to take a final vote on a candidate immediately. Their candidate of choice was Butterfield.
  • Satcher, Van Ostenbridge, Bearden, and Rahn said there was no rush to make a permanent decision because Charlie Bishop was a good Interim Administrator and discussed making Bishop their choice.
  • Ballard said in her briefings with Bishop that he didn’t want the permanent position. She expressed concern that the other commissioners were putting too much pressure on him to take a job he didn’t want. She asked Bishop to state his preference. Bishop responded he was honored to be Interim Administrator and appreciated the complements commissioners were giving him. He said he would be honored to stay in the interim role for a reasonable amount of time (but not indefinitely).

Eventually, a motion passed 7-0 for each commissioner to name their top 2 choices on a ballot the consultant distributed. Attorney Clague collected the ballots; 7 voted to include Butterfield; 5 voted to include Bishop. Clague said he talked to Bishop during the break and Bishop said he was willing to be considered for the position. Between now and the next meeting on September 12th, the Contractor is to arrange follow up interviews with each commissioner. At the September 12th meeting they will see if anyone has won enough votes to be selected; if not, they will have the Contractor start the candidate search process all over again.  

Commissioner Agenda Items

Satcher - discussed the new soccer fields at Buffalo Creek Park. Approved 7-0 to direct staff to continue work on developing plans for the soccer fields.

Kruse – brought up the idea of providing Safe Haven (Baby) Boxes at County Fire Depts, a device that lets people give up an unwanted infant anonymously. Safe Haven Baby Boxes mission is to prevent illegal abandonment of newborns by raising awareness, offering a 24-hour hotline for mothers in crisis and offering a last resort option for women. Attorney Clague directed to research and determine if the County could proceed under current FL Home Rule laws. 

Bearden – shared that he was in the early phases of proposing a memorial park, and that he thought the BoCC should have an option to evaluate in addition to the Tunnels to Towers (T2T) Veteran housing project. He asked for and got unanimous approval from the other Commissioners to schedule a presentation from Purple Heart Homes for 30-40 unit project at a different location than the T2T project. 

GOVERNANCE

Link to Good Governance Guidelines

Lack of support materials and/or more detailed background explanations on Commissioner Items is poor governance and does not allow stakeholders information to review in advance of discussion of the items.

After procrastinating earlier in the year on initiating the search process for the county administration position, commissioners ordered a rushed interview process of the 5 finalists identified at the 8/8 regular meeting, then today several commissioners wanted to slow down and/or restart the process, and added an current acting administrator Charlie Bishop to the mix. This lack of clarity/adherence to the process is not only confusing but detracts from the County’s ability to attract a quality candidate for the position.

Chair Van Ostenbridge allowed the Visible Man Academy representatives to extend beyond the 3 minute comment limit, in order to finish a sentence. The League encourages the Chair to allow ALL citizens to finish a sentence/short thought rather than cutting people off the moment the buzzer sounds.

The Metropolitan Planning Organization (MPO) nomination/approval process appeared to be handled well with appropriate time for all commissioners to make nominations, unlike the Planning Commission appointments earlier in August, when nominations were abruptly closed disallowing consideration of nominations by all commissioners.

Click here or information on how to phone or email the commissioners. 

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