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LWV Manatee County Commission Notes: 12/12/23

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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 on 12/12/2023 observed by Coleen Friedman and Tina Shope.

Link to Agenda and Meeting Video

Invocation led by Pastor Ralph Hoehne, The Source Church

Presentations/Awards/Proclamations

  • Presentation – Water Quality Update on Sarasota Bay was presented by Dr. Dave Tomasko, Director of the Sarasota Bay Estuary Program. He noted that the report card measures 4 metrics critical to managing nitrogen: nitrogen, phytoplankton, microalgae abundance, and seagrass acreage. Sarasota Bay is no longer impaired for nutrients because of improvements in both Sarasota and Manatee counties to the wastewater management and stormwater systems as well as habitat restoration projects such as the recently opened FISH preserve. He commended Manatee County for continuing to restrict the use of fertilizers during the rainy season. Looking to the future, the data shows that sea level rise will continue and needs to be addressed. 
  • Proclamation Designating December 13, 2023, as "Tatiana Hrabra Day", her 100th birthday.
  • Proclamation Designating January 2024, as "Cervical Cancer Awareness Month"
  • Proclamation Designating February 1, 2024, as "Selina Griggs Bradley Day". Selina Briggs is a Black realtor, and she was recognized for her establishment of the Selina Griggs Bradley Foundation, which provides housing for families, and for many, many other accomplishments, and recognitions, including Mentor of the Year for the Boys and Girls Club. 

Selected Citizen Comments- Future Agenda Items

9 citizens who commented today:

  • Andy from Turning Points informed the Board that they have current challenges finding housing for an influx of families with young children and the elderly who have lost their housing.
  • Lenny, an employee of Johnson Controls asked the Board to reconsider the decision made at the November meeting to disregard the recommendation of the procurement staff to have Johnson Controls appointed to do the work on methane gas at the landfill. Two other Johnson Controls employees and county residents, Paul A., and Mark G., reiterated the request for reconsideration. Paul challenged the notion that Johnson Controls is not local when 600 of 2500 Florida employees live in the Tampa Bay area.
  • Glen G. challenged the Board to answer why they promised but didn’t deliver on $15 million earmarked for veterans from the $78 million in CARES funds. 
  • John S questioned the county’s response to the ongoing problem in Coral Shores related to the collapse of a dam following a hurricane which then led to debris running into the adjacent canal. He asked for the county to dredge the canal and for code enforcement to levy fines on the HOA that hasn’t corrected the original damage.
  • Anthony B described having the water turned off in a home that he and his adult siblings inherited from their mother, after the outstanding amount owed exceeded $10,000. He wants to talk to someone to work out a plan but can’t reach anyone.
  • Stephanie P addressed veterans’ homelessness and asked the Board to establish a committee for oversight of veterans’ affairs in the county. She shared data which links homelessness to higher rates of suicide for veterans.
  • Mike M shared his “12 days of Christmas wish list” for the Board. His wish list included the variable tax credit, sidewalks on Riverview Blvd as well as restoring wetland buffers to 50 ft. and using the $75 million earned in interest on county reserves to roll back utility bills.

Commissioner Responses/Comments on Citizen Comments – Future Agenda Items:

  • Ballard said she was aware of the current challenges at Turning Points and suggested that if the hoteling funds available through Children's Services Advisory Board CDBG Block Grants could be utilized, it should address this need. In the short term she suggested that in the spirit of the cold and holiday season a “gift” of $10-15,000 would cover several months. (See Commissioner Agenda Items).
  • Van Ostenbridge said that the county won’t move forward with dredging the canal in Coral Shores until the original damage to the stormwater pond is handled by the HOA as it is their responsibility. There is ongoing discussion with the HOA and groups like the Army Corps of Engineers. Regarding Veterans, he noted that the county’s role is to connect them to existing services. County Administrator Bishop added that there is an internal working group to address these issues and they are working on creating consistent transportation with the VA’s Bay Pines program, as well as housing vouchers.
  • Kruse reminded the Board that he supported Staff’s recommendation for Johnson Controls during the November vote. He supports a reconsideration, noting that the procurement department does a good job for taxpayers and keeps politics out of decisions.
  • Satcher defended the county regarding veterans’ services, reminding that the $15 million was earmarked to rehabilitate a building but they proposed/passed the Tunnels to Towers project instead. 
  • Rahn took a minute to address the question of the amount of reserves the county holds and said that statutes require a certain amount based on county projects. He agreed with Glen G. that the county hasn’t done enough for veterans in the past, but said that isn’t the case now. 

Selected Citizen Comments – Consent Agenda

  • Glen G. had comments on items 8, 15, and 65. He criticized the Board on their lack of action on affordable housing and shared his resignation letter from the Affordable Housing Advisory Committee. He said that there is nothing to show for their efforts, noting that they couldn’t have regular meetings due to lack of quorums and two unfilled seats. He said that Item 15 appeared to be rolling back permit fees and complained that the county has already provided developers a break with impact fees based on rates from 8 years ago. Finally, he complained that the 10.5% fee for a water hookup has a negative impact on marginalized families and suggested the county waive the fee.
  • Paula G introduced herself as the property manager for Veterans of America (VOA) housing, a service provider to individuals with mental illness and homeless veterans. They manage HUD properties, among other properties, and have a long waiting list. She wanted the Board to be aware that there are other organizations in the community who need funding. 

Commissioner responses/comments on Citizen Comments – Consent Agenda Items

  • Kruse clarified that the county isn’t rolling back permit fees. On the contrary, they were raised only to have to be reduced after the state restricted increases.

Consent Agenda Passed 7-0

Items of Interest

Item 68 - Approval of the Children's Services FY25 Annual Plan and Children's Services Report as of November 2023 

No presentation was requested and no public comment. Approved 7-0.

Item 77 - Authorization to submit the 2022/23 Housing and Urban Development (HUD) Consolidated Annual Performance and Evaluation Report (CAPER)

The presentation was made by Brad Cornelius on behalf of Julie Viera, Program Manager. As required by HUD, the CAPER must be available for public comment from 12/1 to 12/15 and presented to the Board of Commissioners. The report described how the county spends the funds that were available from:

  • Community Development Block Grant (CDBG)          $1.8 million
  • HOME Investment Partnerships Prog.                       $771,000
  • Emergency Solutions Grants (ESG)                          $160,000

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.

Approved 7-0.

Item 78 - Appointment of one child advocate to fill open position on the Children's Services Advisory Board

Two applications were received: Patricia Miner, Retired Pediatric Nurse and Patricia Simmons, Retired Teacher. Ballard nominated Miner. Approved 7-0.

Item 79 - Appointment of 8 members to the Affordable Housing Advisory Committee

Seat 1 – Erik Pons (returning member with 67% attendance)

Seat 2 – Lois Meyers

Seat 3- Stephen Rinehart (returning member with 92% attendance)

Seat 4- Dr. Kenneth Ellis (returning member with 57% attendance)

Seat 5 – Rita Goff

Seat 7 – Brandon Johnson (returning member with 50% attendance)

Seat 9 – Bill Connerly (returning member with 86% attendance)

Seat 10- Allison Imre

All approved 7-0.

Item 80 - One appointment to the Investment Policy Board

3 applicants were considered, and 2 were nominated. Alex Gault was chosen by a vote of 5-2, Beardon and Satcher voting for the other nominated candidate.

Item 81 - Execution of Contract for Purchase of Crooked River Ranch (Environmental Lands Candidate Property)

Background Discussion - The Environmental Lands Management and Acquisition Committee (ELMAC) was established in 1993 to advise the Board of County Commissioners on environmental land acquisition, environmental land management, and recreational programming. More recently, ELMAC was authorized to implement the Conservation and Parks Projects Referendum. The referendum, approved by Manatee County voters in 2020, established a 0.15 mill ad valorem tax and issuance of up to $50,000,000 in bonds to finance the acquisition, improvement, and management of land to protect water resources, preserve fish and wildlife habitat, and provide parks. Following an October 10, 2023 Bond Resolution, $36,400,000 in bond funds were received on November 8, 2023.

During the July 10, 2023, ELMAC meeting, ELMAC unanimously recommended the Crooked River Ranch property for BoCC review/further due diligence leading to conservation. On August 8, 2023, the BoCC gave approval to move forward with due diligence on the Crooked River Ranch project. Since August 2023, staff have worked with the property owners and the Conservation Foundation of the Gulf Coast (CFGC) toward the acquisition of the site. The CFGC has an Option Contract with the owner for the County to purchase the property in fee simple. The Option requires a commitment for purchase from the County by the end of 2023 and closing in the first quarter of 2024.

Action Requested - Authorize execution of Contract for Fee Simple Purchase of Crooked River Ranch (Environmental Lands Candidate Property) utilizing Conservation and Parks Project Referendum Funds. Approved 7-0

Item 83 - Presentation of The Premier Racquet & Aquatics Complex Progress

Background Discussion - The update includes direction from a former County Administrator to incorporate a third pool. Tom Yarger, Property Management Department, shared that prior to getting to the 60% design stage, staff wanted to make sure the project is on the right track. There is some concern with three pools; a 50-meter pool, a 25-meter pool, and a therapy/learn to swim pool. Staff suggests reducing the number of pools.

Discussion by Commissioners included:

To maintain the original goal of a total $39 million cost (the cost of the added 25 meter x 25 yard pool is estimated at $4.5 million); there was less international attention for the 50-meter pool than originally expected; therefore, two larger pools became a redundancy. The 50-meter X 50 yd pool can actually be utilized for dual purposes (as is done at GT Bray).

Motion made to approve the design and construction of a 50-meter x 50-yard pool and a learn-to-swim/therapy pool and remove the 25 meter x 25 yard pool. Approved 7-0.

Item 84 - Presentation and Acceptance of Manatee County Trailways Master Plan

Background Discussion - Manatee County Public Works staff engaged the services of Patel, Greene & Associates to update the County's trail plan, and the proposed final draft has been prepared for Board consideration.

The Trailways Master Plan supports transportation and recreational facility planning for the County. Broadly, it identifies the general location of planned trails, their relative priorities, and their expected type and form. A maintained and up-to-date plan is an important part of infrastructure planning and programming. It is used to confirm local priorities and to demonstrate consistency during capital planning, regional project priority setting, and to support funding applications for State and Federal sources.

Action Requested - Staff requests the Board accept or approve the plan for use in planning, capital project selection & prioritization, and supporting grant applications. Approved 7-0.

Item 85 - Presentation on Generational Impact Project of EMS Signal Priority

Background Discussion - On August 3, 2023, the Board of County Commissioners approved a project of Generational Impact for Emergency Vehicle Traffic Signal Priority in the amount of $1M. At the time of the presentation, the specifics of the pilot and follow-up project were not known.

The BoCC authorized the allocation of the funding for this effort but required staff to return and seek approval of the specific project when determined. The selected location will be the approach to Manatee Memorial Hospital, as it represents up to 70% of the destination traffic of all of Manatee County EMS runs. The pilot project includes 23 intersections along the U.S. 41/U.S. 301 and S.R. 64 corridors shown on the attached map. All these locations, except for one, are FDOT intersections and require significant coordination with FDOT. The technology requires a device installed at each intersection control cabinet and in each vehicle that can request priority. The current all in cost estimate for the Pilot Project is $275,000. The largest cost unknowns at this time are cost of additional contractors for hardware installation and the cost of design plans to receive FDOT permit. 

Action Requested - Authorization for staff to proceed with the presented Pilot Project focused on select Traffic Signals on the U.S. 41/U.S. 301 and S.R. 64 corridors with a cost of up to $300k of the allocated $1M of Generational Impact funding. Approved 7-0

Item 86 – Infrastructure Sales Tax Oversight Committee Annual Report for FY23

No presentation was requested. Passed 7-0

Commissioner Agenda Items

Kruse, (not on the agenda) following up on citizen comments about the Johnson Controls decision from the last Regular BoCC meeting, indicated he supported reconsidering the decision. Rahn and Turner expressed support for reconsideration, saying staff did the due diligence and the Commissioners should rely on the good work of the staff. They also noted that the clock is ticking, and the process must be started by 12/26/24 to get related tax credits.

Van Ostenbridge shared concerns at the November meeting and said that none had been addressed. Staff replied that a 17-page report had been submitted to address the concerns.

Attorney Clague added his opinion that procurement procedures, and notice, matters so that all parties can be in attendance. He recommended that the best way to proceed would be to direct staff to bring the matter back before the Board, and not act today. He noted that no award has been made, only notice to negotiate. 

Kruse motioned to direct staff to begin negotiations with Johnson Controls. Passed 6-1, Beardon voting no.

Rahn Item 87 - Community Assisted and Supported Living (CASL) Workforce Housing Project on U.S. 41

Scott Eller, CEO of CASL is interested in a tax-credit, affordable housing project for a Budget Inn-on 41, partnering with Easter Seals, that would be a live, work, play community with access to supportive services. He is visioning transportation, first floor storefronts, and more. CASL has previously provided 10 projects on the Gulf Coast.

CASL and Easter Seals are putting in $1.75 million in funding. Requesting $1.75 million from the County in Tax Increment Funding (TIF), preferably as a gift.

Commissioners expressed support for the project overall and noted Catalytic funding could be used since the project is on the blighted US 41 corridor. Van Ostenbridge expressed interest in Sarasota County/other municipalities also participating, given the location, and noted that Manatee County had already committed $3 million in funding to a project for people with autism. Rahn clarified the project for people with autism is completely separate, and said that CASL is putting their own money in for this project and are asking for help to provide affordable housing and clean up the blighted area.

Kruse asked about various funding options and noted that gap financing could be a good option, but the board banned GAP financing.

Rahn motioned to negotiate a Catalytic loan request of $1.75M with CASL for acquisition/revitalization of the US 41 site. Passed-7-0.

Item 88 – Election of 2024 Officers

Board of County Commissioners:

Chairman- Commissioner Mike Rahn (District 4)

First Vice-Chairman- Commissioner Amanda Ballard (District 2)

Second Vice-Chairman- Commissioner Ray Turner (District 5)

Third Vice-Chairman- Commissioner James Satcher (District 1)

Port Authority:

Chairman- Commissioner Kevin Van Ostenbridge (District 3)

First Vice-Chairman- Commissioner Jason Bearden (At-Large)

Second Vice-Chairman- Commissioner Ray Turner (District 5)

Third Vice-Chairman- Commissioner Amanda Ballard (District 2)

Tourist Development Council (TDC):

Chairman- Commissioner Ray Turner (District 5)

Alternate Chair- Amanda Ballard (District 2)

COUNTY ATTORNEY COMMENTS

Attorney Clague announced he is retiring from Manatee County on/around 3/9/24. Discussion determined that the BoCC will not use a headhunter but will spread a “wide net” to find someone local. Clague will assist.

COMMISSIONER COMMENTS

Ballard returned to the issue of Turning Points immediate financial need. She motioned to direct Financial Management to use $15K of unrestricted funds for families and elderly housing and authorize staff to amend the current agreement, as a one-time event. Passed 7-0

GOVERNANCE

Link to Good Governance Guidelines

Van Ostenbridge chastised Glen G’s comments on Consent Agenda Items, saying he “has no idea what he’s discussing” and said he “spreads lies” (referring to the permit fee comments). Finally, he said, “Thankfully, he won’t be on the affordable housing advisory committee.” These comments were inappropriate; it will dampen public interest in coming forward if they are concerned they will be attacked. By their own Rules and Procedures, Commissioners must listen respectfully to constituents.

Staff stated that the EMS project did not include a discussion with the City of Bradenton or Manatee Memorial Hospital. Since the project impacts both, best practices would indicate involving these key stakeholders.

Many of the commissioners' comments at the end of the meeting were not germane to the core business of Manatee County and distracted from work important to the County's operation.

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