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LWV Manatee County Commission Notes: 8/27/24

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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 on 8/27/2024.

Link to Agenda

Link to Meeting Video

Quorum of 6 - District 1 Commissioner position vacant.

Invocation – Pastor Benjamin Bruce, Harbor Life Church

Pledge of Allegiance led by Robert Burke, Army Captain and Persian Gulf War Veteran

Port Authority (Bearden chaired for Van Ostenbridge until he arrived at the meeting)

The Port ended FY24 over budget for revenue ($31 million versus the projected $25.5 million). The proposed budget for FY25 is 16% more than this year, with two additional positions for security and operations. Proposed projects for FY25 include: expand Berth 4, and the container yard; and purchase additional cranes. The Executive Director pointed out that a decision made by the Board a year ago to allow juice container ships to berth resulted in a $3 million dollar increase in revenue. Motion to approve the Port Authority FY24-25 budget passed unanimously.

Items pulled from Consent Agenda – None

Awards/Proclamations/Presentations

Employee of the Month, Mary Oquendo, Recycling Coordinator, Utilities Department - Mary was described as a person with a “can-do” attitude who brings energy and positivity. The board was shown a “Talking Trash” video developed by the Department of Public Education about recycling hazardous waste featuring Mary. 

Presentation of TEAM award to Sonia Shuhart, Shannon Shanks, Christopher Ridge, Brianna Spunk and Hunter Gregg of the Community Health Team, Public Safety Department - This outreach team was recognized for their recent work with a vulnerable person resulting in placement in an assisted living facility. This was one example of their ongoing efforts with those who frequently use 911.

Presentation on the Tampa Bay Regional Planning Council (TBRPC)

Cara Woods Serra, Director of Resiliency, gave a presentation on this council, one of 10 across the state. The council addresses shared regional needs along with resources for solving problems related to economic development, emergency preparedness, planning technology, etc.

Proclamation Designating September 11, 2024, as "Tribute to Heroes' Day" in Manatee County. The Tribute to Heroes Committee works to honor the lives lost during the tragedies of September 11, 2001. Each year a memorial ceremony is held in their honor at the Emergency Services Memorial Site in Rossi Park.

Proclamation Designating September 2024, as "National Preparedness Month” in Manatee County. The Federal Emergency Management Agency promotes National Preparedness Month as an effort to strengthen the country’s preparedness capabilities for natural hazards or terrorist attacks. Since September 11, 2001, the U.S. Government has taken steps to encourage all citizens to make their own survival preparations. Manatee County encourages all residents, visitors, and business owners to understand the threat of natural and man-made hazards and to undertake preparedness measures to protect lives, welfare, and property.

Selected Citizen Comments - Future Agenda Items

  • Two citizens expressed concern about the lack of progress on the animal shelter, noting the dire situation for dogs in the 50 outdoor kennels with no access to air conditioning during the summer months. They both said that the issue has been pending since April 2019 when $8 million was allotted for a new shelter.
  • Seven citizens came forward to detail the impact of recent storms and point out flaws in addressing the impact of development on stormwater and drainage systems in the county. There were specific complaints about the videos created by the county in response to the flooding regarding the Manatee Dam. One citizen called it “gaslighting.” They wanted to know the status of an independent review. Many brought detailed maps of their areas and the impact of the flooding.

Staff/Commissioner Responding Comments:

County Administrator Bishop asked if staff members could directly address the concerns brought up by the citizens. Cary Knight, Director of Property Management, updated the timeline of the shelter. Because of the transition from the original location and purchase of the Bishop Shelter, along with other additional studies required, it is anticipated that construction will not begin until Feb or March 2025.

Evan Pilachowski, Deputy County Administrator, stated that he was “fully sympathetic” to the residents impacted by flooding and had no intention to gaslight or offend anyone. He said that the dam is the water supply reservoir for the county and designed to hold 6 billion gallons. During Hurricane Debby 18 billion gallons were released from the dam. He said that inundation maps are being updated so that future alerts will be accurate. He also noted that an independent review will be undertaken. He also stated that the water released from the Braden River reservoir into the Manatee River had no impact on the River Club development. 

Rahn noted that with the regular repairs undertaken there is no reason it can’t stand for decades. Bishop added that TBRPC will be at the table during the independent evaluation. Natural Resources Director

 Charlie Hunsicker underscored his compassion for the affected residents and emphasized that 17-inches of rainfall in 24 hours is rare.

Citizen Comments – Consent Agenda Items: NONE

Approval of Consent Agenda, 6-0

Commissioner Kruse Items

(*Rahn moved up Commissioner Kruse’s items due to Kruse's need to leave to attend a meeting in Orlando representing the Board.)

Kruse noted that he brought up these 3 items because they are time sensitive before they are included in the upcoming budget.

Discussion about the Status of Historical Sites Transfer 

Kruse said that this transfer (moving oversight of historical sites and museums from the Clerk of the Circuit Court and Comptroller for Manatee County to County Administration) was something most people don’t agree with and don’t understand, and he recommended that the board unwind it before it goes into effect Oct 1. He made a motion to rescind the Sept 2023 decision and leave the budget in the Clerk’s office. When Ballard asked if the person who voted against the original motion in a previous meeting could put forward a motion to rescind it, Van Ostenbridge offered to put forward the motion.

Rahn expressed concern about responsibility and liability for properties that aren’t owned by the county. He called the arrangement a “bad business plan”. Ballard quoted the state statute about Clerk’s offices which clearly show that oversight of historical resources is outside of their usual responsibilities. However, she said that after “lots and lots” of citizen emails saying that the 40-year arrangement is fine with them, “what citizens think matters.” Van Ostenbridge said he will support the reversal with some auditing of the Clerk’s office. The Director of Historical Properties in the Clerk’s office came forward to clarify that the county does maintain liability insurance and lease agreements with Palmetto and Bradenton. The county is only responsible for properties it owns.

Van Ostenbridge made a motion to rescind the previous decision to transfer historical properties and museums, and to leave them and the budget with the Clerk of the Circuit Court and Comptroller for Manatee County.

Two citizens spoke in support of the motion. Motion passed 6-0.

Discussion about the Parking Garage Design Work

Kruse said that no money has been spent yet and that there was a good probability that a parking garage won’t be built, so he would like to table any further expenditures on the Premier, AMI, and Convention Center parking garage plans until the new board is seated in November.

No public comment

The Procurement Director came forward to ask that the motion be amended as RFQs are already underway. The motion was amended to add that negotiations would be ended and RFQs would be suspended for the 3 aforementioned garage projects. The motion passed 6-0.

Discussion About Social Media Commenting

Kruse said that during the recent storms, many people sought information from the county and wanted to share information, so he wants to make it easier for citizens to get answers by turning on social media comments again. Kruse noted that Manatee is the only county not allowing social media communication.

Van Ostenbridge said he can’t agree with this motion, saying 311 is the better resource as the person monitoring Facebook wouldn’t be an expert. Ballard said she sees some value in turning it on again but with monitoring and hiding of doxing comments. County Attorney D’Agostino interjected that she thinks her office should review the 2019 decision before turning comments on again to ensure appropriate retention guidelines and monitoring follows the most recent legal rulings. 

Motion to direct the county attorney's office, in cooperation with county administration, to review the current social media policy and bring back recommendations at the next Board meeting on 9/10/24.

Public comment:

Chris W – cautioned Board to monitor social media for bots and other false information designed to disrupt civil discourse.

Carol F – said the discussion is all about communication and since issues aren’t being resolved effectively, the county needs to bolster communication with its citizens to be more effective.

Glen G – said only a small % of people on the county social media made disparaging remarks.

Dalton N – reminded the Board that in the days of phone books, everyone’s name and address was public, and that information remains public.

Motion approved 6-0.

Ballard then made a motion for call-in comments to be reinstated at Board of County Commission meetings, as they were before they were discontinued.

Public comment:

2 citizens spoke in support of reinstating call-in comments.

Motion approved 6-0.

Advertised Public Hearing

Item #42 - Execution of LDA-24-01, Local Development Agreement for Newport Isles - PLN2401-0109 - Quasi-Judicial - Rachel Layton, AICP, Planning Division Manager/Impact Fee Administrator 

Ms. Layton said this is the second public hearing for this matter of a new development for Newport Isles.

Citizen comment - One citizen came forward to say that the area is already flooding and traffic is a problem and she hopes that will be considered. CA Bishop responded that Evan Pilachowski will get a team to the site.  

Regular Agenda Items of Interest

Administrator - Sarasota/Manatee Metropolitan Planning Organization Citizen Advisory Board Applications   

Keith Green, nominated by KVO, was unanimously appointed.

Attorney - Discussion and Request for Ratification of Existing Contracts for Legal Services and Request for Authorization to Approve and Execute Future Contracts for Legal Services  

 In this “housekeeping” item County Attorney D’Agostino explained that she wanted to make sure that the Board approved and ratified existing contracts which had been entered into by previous county attorneys, and then going forward that the Board delegates to the current county attorney authorization to approve and execute future contracts for legal services.

Separate motions were made for each action, both passed 6-0.

Natural Resources - Beach Program Update

Tom Para, senior project manager with Coastal Protection Engineering LLC discussed the ongoing efforts to maintain the shoreline of Manatee County, noting the entire shoreline of AMI is considered a critically eroded coastline. Beach nourishment efforts since 1992 have resulted in 7 million cubic yards of sand being pumped onto the shoreline. The current focus will be on Coquina Beach for a stabilization project to remove the current 70 year old degraded groins (which keep the sand on the beach) and construct 4 breakwaters, as well as rebuild the jetty at Longboat Pass. Charlie Hunsicker informed the Board that a sizable portion of the cost of these projects will be hopefully be covered by the Army Corps of Engineers Flood Control and Coastal Emergencies (FCCE) assistance, as well as FEMA dollars for Hurricane Idalia damage.

Continuation of Citizen Comments on Future Agenda Items

Glen G accused the Board of violating sunshine laws for talking to each other on the dais. While continuing his critical comments, Glen used profanity and was warned about civility guidelines by the attorney. He made additional critical comments before being gaveled off by the Chair with the bailiff called to remove him.

Charlie M, referring to previous comments about flooding, said that as a resident of LWR since 1996 he had seen a successful hydraulic release of a creek to prevent flooding and asked the Board to fix the problems.

Chris W said that there has been significant misinformation given to the public about the flooding and the county efforts to communicate. He had an article about a 2003 flood with 500 homes evacuated before Lake Manatee flood gates were opened. He wanted to know why alerts went out after the gates were opened. He was concerned that staff turnover has led to a lack of institutional knowledge and expertise.  

GOVERNANCE

Link to Good Governance Guidelines

The agenda was published timely, but updates were made after hours on August 23 and again on August 26, less than 24 hours before the meeting.

The county attorney played a more active and important role in ensuring citizen comments were heard after each motion was on the table and that extended time was allowed at then end, when the comments on future agenda items timed out at the beginning of the meeting. Further, she reminded Chair Rahn to allow time for those comments at the end of the meeting and asked him to call out the names of those who had signed up to speak but hadn’t come forward for the record. Similarly, there was a more active role by the County Administrator in responding to citizens’ concerns.

We appreciate Commissioners noting that “what citizens think matter” and “nothing is wrong with sunshine and transparency”, along with the discussion and motions on the items Kruse brought forth based on citizen feedback. Good governance in action!

Though favorable actions, responsive to citizen feedback, Kruse's items were added less than a week before the meeting and Ballard’s motion to bring back call-in commenting was not on the agenda at all.

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