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LWV Manatee County Commission Notes: 10/22/24

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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 10/22/2024. 

Link to Agenda and Meeting Video

Quorum of 6 - District 1 Commissioner position vacant.

Invocation – Pastor Bryan Meadows, Bayside Community Church, Lakewood Ranch

Pledge of Allegiance – Commissioner Jason Bearden

Requests by commissioners to pull items from consent agenda – Kruse requested Item #34 be pulled.

Presentations:

FDOT Bradenton Palmetto Connector Study

Michelle Rutishauser, project manager, gave a brief overview of this alternative corridor evaluation (ACE) study, which aims to improve traffic capacity between Bradenton and Palmetto. In this first planning stage, they have reviewed 10 current corridors across the Manatee River and identified 3 for further study and, eventually, design and construction.

Presentation of the October Employee of the Month to Kate Quilty, Water Division Superintendent at Lake Manatee Water Treatment Facility. Kate demonstrates unlimited patience, passion, knowledge, and skill needed to make quality water for the citizens of Manatee County.

Proclamations

  • Proclamation Designating October 2024, as "Filipino American History Month" in Manatee County. 
  • Proclamation Designating Nov. 11, 2024, as Veterans Day in Manatee County. In accepting the proclamation, a veteran’s services employee talked about the Nov. 2 annual Stand Down event where the county connects veterans to a variety of health and social services. 
  • Proclamation Designating October 25 - November 2, 2024, as "Mobility Week" in Manatee County, a cooperative effort by FDOT to promote multi-modal transportation options which can reduce traffic congestion.
  • Proclamation Designating October 13-19, 2024, as "National Case Management Week" in Manatee County. This proclamation was delayed due to the hurricanes. Case managers for the county help citizens navigate complex systems, such as needing assistance following the recent storms. Assistance includes replacement of durable medical equipment, medications, and housing.
  • Proclamation Designating October 2024, as "National Disability Employment Awareness Month" in Manatee County. The proclamation was received by Carmine DeMilio, an ADA compliance officer who introduced several employees with disabilities who work with his staff to ensure compliance. The ADA transition plan for Manatee County has been under way since 2019; 47 facilities (buildings, parks, etc.) have been assessed. 
  • Proclamation Designating October 20-26, 2024, as "National Friends of Libraries Week" in Manatee County. The proclamation was received by Sue Ann Miller, President of the Lakewood Ranch Friends of the Library, on behalf of many Friends groups throughout the county. 

Citizen Comments on future agenda items

  • John M. - Director of Advocacy for the Boys and Girls Club of Manatee County noted that Gov. DeSantis vetoed a $10 million budget item for opioid avoidance initiatives, which means a loss of programming dollars for the local club. He said that the governor has referred groups to their local governments to allocate funds from the settlements received locally.
  • Dan C. – After stating his prayers for the welfare of the county and commissioners, criticized Kruse for being publicly in support of a decision prior to the Board voting (the decision was not identified by the citizen). 
  • Stephanie – Informed the Board that she has stepped away from her work with VFW’s because she has learned that the veterans’ service organizations don’t screen for sexual offenders. She wanted the Board to be aware.
  • Caller Charlene –complained about the late addition to the agenda of a “hot button issue” by Commissioner Bearden and said it isn’t right to do that and deprive citizens of time to respond.

Commissioner Responses

Ballard said she wanted to set up a meeting with John and others regarding funding for the Boys and Girls Club.

Citizen Comments on Consent Agenda items - none

Before approval of the Consent Agenda came to a vote, County Administrator Bishop asked to highlight Item 12: Authorization of the Submission of the United States Department of Transportation (USDOT) Bridge Investment Program (BIP) Grant Application for the construction of the Fort Hamer Bridge Widening Project 

Deputy Administrator Evan Pilachowski reported that the county is applying for $61.1 million for the project. The total cost of the project is about $100 million. 

Approval of Consent Agenda minus Item 34, 6-0.

Item # 34. - Adoption of Resolution R-24-202 (the "Resolution") authorizing the issuance of the Revenue Improvement Note, Series 2024B ("2024B Note") in the amount not to exceed $140,000,000

From the background documents:

County staff recommends approval of the attached Resolution which provides the following: 1) Authorize the issuance of the Revenue Improvement Note, Series 2024B in an amount not to exceed $140,000,000, which will be made in periodic draws and will have a final maturity date of October 24, 2026 with a term-out option of an additional three years. 2) Authorize and approve the execution of the non-revolving credit agreement with Wells Fargo Municipal Capital Strategies, LLC, the lender, who was recommended by the County's Financial Advisor based on the request for proposals.

Kruse stated he pulled this item because he sees this as a way for the current board to avoid accountability for approving the millage cut in September, reducing the county budget by $10 million, and now after 2 hurricanes, finding that the reserves are not what was anticipated. He said that the bonds will cost $4 million a year. He prefers that the Board prioritize how to spend the revenue that the county currently has and let the new Board determine Capital Improvement Plan priorities, rather than take on debt.

Sheila McLean, CFO, said that the Board approved the line of credit Sept. 10, 2024, for 6 projects, several of which are underway, such as the Upper Manatee extension. She later said that the guidelines for the loan allow projects to be “swapped” with restrictions, such as those funded by impact fees. Van Ostenbridge said he does not disagree with Kruse’s concerns but doesn’t want to delay “shovel ready” projects. McLean reassured the commissioners that the county is in good shape and not likely to have a change in bond rating. 

[See this document for details: RECOMMENDATION MEMO CBA LOC.PDF]

One call in comment from Steven, regarding the ability to refinance the note if necessary.

The motion to approve R24-202 passed 4-2, with Kruse and Ballard voting no.

Advertised Public Hearings upon request.

Item # 29. Community and Veterans Services -

Adoption of Ordinance 24-92, providing for the creation of Article II, Inspection and Regulation of Pet Stores and Breeders

Sarah Brown, Deputy Director of Community Services, provided background for the proposed ordinance. The ordinance will require inspections prior to no-fee licensure and then biannual inspections. Mandatory annual renewal and ongoing requirements for housing, care, and veterinary treatment are required. County inspectors will have authority in all areas and will be allowed to inspect properties and issue warnings. Licensure could be revoked in cases of serious or repeat violations of the ordinance.

Doug Polk stated that the regulations presented in the ordinance put “teeth into” what is happening, the service must answer a complaint but can’t inspect. Under this ordinance, the animal service team would have the same ability as the code enforcement staff. To make it as defensible as possible, the Board should first declare an emergency so that the ordinance can go into effect immediately.

Motion to declare that the current increase in breeders constitutes an emergency.

No public comment. Passed 6-0.

Motion to adopt ordinance 24-92 passed 6-0, with no public comment.

Commissioner Agenda Items

Bearden

Adoption of Resolution R-24-207, expressing the Board of County Commissioners' opposition to Amendment 4, proposed Florida Constitutional Amendment concerning abortion 

Bearden introduced the Resolution saying that “sister” counties have already adopted similar resolutions. He shared his objections to Amendment 4.

Public comments:

In-person:

Jack – shared his support for the resolution, saying that his first wife had two abortions that he didn’t know about.

Sari – chastised the Board for acting beyond their responsibilities to ensure the health, safety, well-being and quality of life for all Manatee County residents by addressing personal freedoms like healthcare for women. 

Tsi – expressed concern that the resolution is unconstitutional, as Floridians will be voting on the Amendment in two weeks. She said that Commissioners are not to speak for residents. They are to listen to residents and act on their wishes and behalf.

Glen Pearson – shared a personal story of the decision he and his wife had to make regarding their first pregnancy. A fetal anomaly was discovered and said that the decision on what to do was ultimately their decision with no government interference. Let the voters have their say on this deeply personal decision.

Callers:

Alice, Caitlyn, Shannon, Amanda, Charlene, and Patty all stated that it’s not appropriate for the Board to take a stand on something that citizens will vote on, nor appropriate to give misinformation about the amendment. Comments included statistics about the increase in mother and infant mortality rates as a result of abortion bans. 

Glen G. - raised the issue of father’s rights.

Commissioner’s comments:

Van Ostenbridge, Ballard, and Rahn felt that it was appropriate for the Board to address this issue. Kruse said the purpose of adding it to the agenda at 5PM the prior evening was clearly political. He reminded the Board that there have been ongoing discussions of good governance, such as reinstating phone-in comments. He added that if the goal were to give citizens advice on the amendments (and not share personal opinions), there should have been advice on all of the amendments.

Motion to adopt Resolution passed 6-0.

County Administrator Comments

Bishop expressed appreciation to the Board and staff for their response to the recent storms. He told citizens that efforts to pick up debris are ongoing and around the clock.

Bearden then asked, as a representative to the West Coast Inland Navigation District, for a letter of support for multicounty efforts to remove derelict vessels. The county attorney recommended making an official motion, which was made. There was no public comment. The motion passed 6-0.

Van Ostenbridge mentioned a separation agreement between the county and the county attorney, inviting dialogue. He made a motion to approve the separation agreement. There was no second.

GOVERNANCE

Link to Good Governance Guidelines

The agenda was posted in a timely, but two updates were added after public commenting closed. The last-minute addition of the Amendment 4 resolution was inappropriate, as it was both a state-level issue and it was an attempt to influence voters on an issue on the ballot that, whether it passes or not, will have no impact on Manatee County government.

Rahn questioned whether late additions require a motion to be added to the agenda, before motions to approve. Hopefully, orienting the new Board will include a complete briefing on Rules and Procedures.

Misinformation on abortion was stated by Commissioners Bearden, Van Ostenbridge and Ballard. It was falsely stated that abortion is not healthcare and that no parental notification or consent is required with Amendment 4. Amendment 4 changes nothing about current law that requires both parental notification and consent of an abortion for minors.

The value of dial-in-comments was demonstrated with the late addition to the agenda of the Amendment 4 Resolution.

The board had a robust discussion about Item #34, which was civil and informed.

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