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Manatee County Commission Agenda Results: 2/26/2013


BRADENTON -- At Tuesday's BOCC meeting, commissioners voted to approve Mosaic Mining's last hurdle, granting them an operating permit for their Wingate Creek Extension mine. In other business, the commission also gave the green light to participate in a joint bid for the 2017 World Rowing Championships to be held at Nathan Benderson Park Aquatic Facility. And finally, construction on the long awaited ball parks in Palmetto is scheduled to start March 11.  

MEETING CALLED TO ORDER (Larry Bustle, Chairman)

INVOCATION (The commission does not endorse the religious beliefs of any speaker.)

1. Invocation led by Pastor Rosemary W. Backer, Gloria Dei Lutheran Church



Items Scheduled for Time Certain

2. 9:30 A.M. - Item 29 - Expenditures for the 2017 World Rowing Championship

Attachment: Rowing Budget-Narrative-Rationale 2017-FINAL.pdf

Attachment: Budget Amendment Resolution B-13-038.pdf

Changes to Agenda

3. Updates to Agenda


Awards and Presentations

4. Retirement Award for Rodney Wade -- County Attorney Micky Palmer presented Wade with a retirement clock. Mr. Wade said there are five benefits to working with Manatee County, they are: #1- True Identity, #2 - True Value, #3 - Support, #4 - Protection, and #5 - Productivity.   

Proclamations (Motion required to adopt proclamations) Motion, -- Approved, Unanimous

5. Lake Erie College of Osteopathic Medicine

Attachment: LECOM Proclamation.pdf -- Commission thanked LECOM for locating in Manatee County and for their efforts to improve the health of Manatee County residents. 

REQUEST BY COMMISSIONERS (Items to be pulled from Consent Agenda) -- Item # 15, for vote

CITIZEN COMMENTS (Consent Agenda Items Only)


Clerk of Circuit Court

6. Clerks Consent Calendar

Attachment: 022613.pdf


7. Dashboard Report for January 2013

Attachment: Jan 2013 dashboards.pdf


8. Richard Murray v. Manatee County Sheriff's Office, OJCC Case #11-016142

Attachment: Murray stipulation.pdf

Attachment: Murray affidavit.pdf

Attachment: Murray general release.pdf

9. Eminent Domain Settlement: Wares Creek Project, Parcels E-104.1 and E-104.2, Desoto Auto Mall, Inc.

Attachment: Stip Final Ord Taxing Fand C DeSoto Auto P104.pdf

Building and Development Services

10. Federal National Mortgage Association (fka Roger Dean McGrew Jr. and Christine A. McGrew), Case No. CE2010070379

Attachment: BOCC Attachments 2-26-13 Federal.pdf

11. Frederick J. Sobr and Twenty Four Twelve LLC (fka Norman Earl White II), Case No. CE2006050534

Attachment: BOCC Attachments 2-26-2013 Sobr.pdf

12. Opportunity Capital Assets, Inc (fka Frank S. Hluchan) Code No. CE2011050488

Attachment: BOCC Attachments 2-26-2013 Opportunity.pdf

13. JP Morgan Chase Bank National Association (fka Barry and Lillian Thomas) Case No. CE2011100075

Attachment: BOCC Attachments 2-26-2013 JPMorgan.pdf

14. FINAL PLAT - Esplanade Phase I Subphase H & I

Attachment: Application and Documents.pdf

Attachment: Esplanade Bonds & Agmts.pdf

Attachment: Supplemental Declaration.pdf

Community Services

15. R-13-019 Prescription Assistance Program * Minix

Attachment: Rx Asst Program.pdf -- Approved, Unanimous

Financial Management

16. Budget Amendments

Attachment: B-13-034 Resolution_Narrative.pdf

Property Management

17. Pic Town Estates Water Lines Phase 1 Project

Attachment: redbarnutilityeasement.pdf

Attachment: redbarnaffidavit.pdf

Attachment: redbarnjoinder.pdf

18. Drainage, Utility and Temporary Construction Easement to the City of Bradenton

Attachment: Drainage-Utility and TCE.pdf

Attachment: Location Map.pdf

19. Floridana surplus property, Resolution R-13-037 to declare surplus and authorize sale

Attachment: r 13 037.pdf

Attachment: Floridana tax deed.pdf

Attachment: Floridana Mobile Homes Lot 17 Loc Map.pdf

20. Resolution R-13-035, Parks and Recreation, Fort Hamer Road – Rowing Center Vacation, declaring a public hearing. * Wade

Attachment: Resolution R-13-035 Fort Hamer - DECLARING-PH 1 w Exhibit A.pdf

Attachment: RLS - Fort Hamer Road - Rowing Center.pdf

Attachment: Application - Fort Hamer Road.pdf

Attachment: Fort Hamer Rd rw vac loc map.pdf

Attachment: Additional map with Future Fort Hamer Bridge.pdf

21. Taylor Morrison of Florida Inc. Utility Easement. 5240 Esplanade Blvd, Bradenton

Attachment: Utility Easement - Taylor Morrison.pdf

Attachment: Affidavit - Taylor Morrison.pdf

Attachment: Mortgagee Joinder and Consent from SMR to Taylor Morrison.pdf

Attachment: Location Map - Taylor Morrison.pdf

22. Subordination of Utility Interests by FPL for Tara 20 Force Main Project

Attachment: FPL Subordination Agreement .pdf

Attachment: Subordination TARA 20 - William T Higgs .pdf

23. Subordination of Utility Interests to FDOT, Parcel 102.4

Attachment: FDOTresolutionwordformat.pdf

Attachment: FDOTparcel 102.4-US41subordination.pdf

Attachment: FDOTparcel102.4-US41locationmap.pdf

Public Safety

24. Removal of Uncollectible EMS Accounts for Accounts Receivable

Attachment: January 2013 Resolution R-13-039 with ATT. A and ATT B.pdf

Attachment: January 2013 ATT. C.pdf

Public Works

25. Surplus Equipment

Attachment: Surplus List 2-26-13.pdf

Attachment: Reconciliation List 2-26-13.pdf

Attachment: R-13-040.pdf


26. Motion to approve Consent Agenda -- Approved, Unanimous

CITIZEN COMMENTS (Consideration for Future Agenda) Cory Holmes expressed disappointment in the commission for allowing a "witch hunt" to go on with Commissioner DiSabatino. He said, "She only mentioned getting some needed street lights for her district." He added, for all of the "criminal activity" other commissioners engage in, that they "had a lot of nerve," and that, "one day it will catch-up with you all." Holmes claimed he contacted the Justice Department that morning to investigate the follies of the other commissioners.


Neighborhood Services

27. Palmetto/North Manatee County Enterprise Zone Appointment of Fedora Ford

Attachment: Fedora nomination for Ent Zone baord.pdf

Attachment: Ordinance08-024.pdf

Attachment: Fedora Ford's application 13.pdf -- Approved, Unanimous

CIVIC CENTER AUTHORITY (Robin DiSabatino, Chairman) -- no report

COMMUNITY REDEVELOPMENT AGENCY (Betsy Benac, Chairman) -- Wanted to check with the Administrator on the progress with the RFPs on the Community Center in the south county CRA. Ed Hunzeker answered that both had come back non-responsive. 


Both Commissioner Benac and Commissioner Whitmore had suggested in previous meetings that if an agreement wasn't met, the funds being kept in the CRA trust fund would go back to the county's general fund. Commissioner DiSabatino said, "If the funds fall off the radar, it won't be pretty day."


County's legal staff reenforced DiSabatino's understanding, and confirmed that the CRA trust fund dollars would not go back to the general fund. Mt. Hunzeker said that it will have to be brought back before the commission, maybe in a workshop to figure it out. Commissioner Gallen said, "I am for reopening it. It is in their plan (community board members) to have a civic center."


PORT AUTHORITY (Carol Whitmore, Chairman) -- no report

D. ADVERTISED PUBLIC HEARINGS (Presentations Upon Request)

E. ADVERTISED PUBLIC HEARINGS (Presentation Scheduled)

Natural Resources

28. Wingate Creek Mine Operating Permit Resolution R-13-002

Attachment: StaffReportOP-R-13-002_rv1.pdf

Attachment: R-13-002_Wingate_BCC_rv1.pdf -- Mosaic Mining LLC returned to the BOCC for their Operating Permit. Last week the BOCC approved an amendment to Mosaic Mining Master Plan, and an ordinance extending the Wingate Creek Mine Extension work to the year 2027. -- Approved, 5 to 1, Gallen dissent and DiSabatino absent.          (More on Story)


Convention and Visitors Bureau (9:30 A.M. TIME CERTAIN)

29. Expenditures for the 2017 World Rowing Championship

Attachment: Rowing Budget-Narrative-Rationale 2017-FINAL.pdf

Attachment: Budget Amendment Resolution B-13-038.pdf -- The adoption of Budget Amendment Resolution B-13-038 is for the anticipated expenses needed in FY 2013 to support the preliminary bid to host the 2017 World Rowing Championships at Nathan Benderson Park aquatic facility.  Funding to host the championships will come from Tourist Development Taxes, and royalties from selling the games to media outlets. Manatee and Sarasota counties are in partnership with SunCoast Aquatic Nature Center Association (SANCA) for the games, and SANCA must come back before the BOCC for a Memorandum of Understanding (MOU) approval before submitting the final bid by May 31, 2013. -- Approved, Unanimous (More on Story)




30. Commissioner Comments --

•Benac -- I was at the TBARTA meeting. I would like to go back and ask for support for a regional priority list. I did want to say "we" ask for it. Motion to ask for list, -- Approved, 6 - 0, DiSabatino absent


• Gallen -- Next Tuesday, March 5, at 5:30 p.m. there is a rally at the courthouse addressing early voting follies. We had the first playground meeting and we emphasized safety. The fields to all schools will be open through the summer, weekends and holidays.


• Chappie -- Got an email today on the Warner Bayou ramps and seawall. It looks like the funds will be able to cover the work but it will be two months late. The fishing festival was an unbelievable success. Asked attorney Micky Palmer: "How is it going with the Bath Salts Bill? Should we step back or show we are serious?"


• County Attorney Micky Palmer -- A lot has passed since this hit my office, we are looking at other ordinances. The sheriff says he wants to wait and see and go with the state legislature. But we will forge ahead.


• Whitmore -- We should wait for the Sheriff.  Do you guys want to move forward?


• Ed Hunzeker, County Administrator -- John Barnott (code enforcement) is worried about enforcement.


• Whitmore -- Then we should wait. Well I don't know if you guys know but Dan Toler died this weekend. He was in the Allman Brothers band, he and his brother. He was sick for a few years.


• Ed Hunzeker -- Just in: SWFWMD just okayed the Palmetto ball field. Construction should start March 11. 




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