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Manatee County Commission Agenda Results: 3/11/2014


BRADENTON -- At Tuesday's meeting, Manatee County Commissioners took measures to bring the Land Development Code in compliance with federal codes on highways and set-backs. In other business, MCSO is sending a message to board members concerning weaknesses in their adopted Secondhand Dealers Ordinance. Commissioners also responded to inquiries made at past meetings.

MEETING CALLED TO ORDER (Larry Bustle, Chairman)

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

1. Invocation led by Deacon Ron Dains, Sacred Heart Catholic Church



Changes to Agenda

2. Updates to Agenda



3. Employee of the Month - Bill Zingg Jr.

Attachment: zing.pdf

Attachment: Zingg_Nomination_02252014092208.pdf

4. TEAM Award

Attachment: TEAM_Nomination_calendar02252014092256.pdf

Proclamations (Motion required to adopt proclamations) -- Approved, 6 - 0, Benac absent 

5. Florida Surveyors & Mappers Week

Attachment: Florida Surveyors & Mappers Week - 03.11.14.pdf

6. Liberty Tree Day

Attachment: Liberty Tree Day - 03.11.14.pdf

7. Manatee High School Pride Day

Attachment: MHS Pride Day - 03.11.14.pdf

8. Southeast High School Pride Day

Attachment: SEHS Pride Day - 03.11.14.pdf

REQUEST BY COMMISSIONERS (Items to be pulled from Consent Agenda)

CITIZEN COMMENTS (Consent Agenda Items Only)

9. Citizen Comments 

Glen Gibellina - challenged commissioners on the method by which a truck-scale was disposed. He challenged the availability of any information on the procedure and how one might participate in it. Gibellina also stood his ground with Chairman Bustle when Bustle tried to limit the amount of time Gibellina had to respond to an item; Bustle gave him 3 minutes total, Gibellina sail, "I get two (minutes) per agenda item." 


Clerk of Circuit Court

10. Clerk's Consent Agenda

Attachment: 03112014.pdf


11. Agreement for Student Clinical Practice-LECOM * Cooney

Attachment: LECOM Agreement.pdf


12. Ware’s Creek – Canal Dredging Project, Parcels W-261.1, W-261A.1, W-262.1, and W-262.6 (Presbyterian Retirement Communities, Inc.); Amending Resolutions R-12-107 and R-12-108 Nunc Pro Tunc * Adibe

Attachment: R-14-029 Amd Resolution of Necessity_R-12-107_NuncProTunc.pdf

Attachment: R-14-030 Amd Resolution of Quick Take_R-12-108_NuncProTunc.pdf

Attachment: AerialMap Parcels W261& W261A& W262.pdf

Community Services

13. Amendment Number One to Non Profit Agency Funding Agreement

Attachment: Amendment One - JFCS.pdf

14. Emergency Home Energy Assistance Program FY 14/15 Agreement with West Central Florida Area Agency on Aging

Attachment: BREHEAP FY15.pdf

Attachment: RES.EHEAP.pdf

Attachment: eheapagreement1415.pdf

15. Interagency Agreement with the Department of Children and Families * Sikora

Attachment: Amendment #007 Executed_2014.pdf

Convention and Visitors Bureau

16. Lease Agreement with University of South Florida regarding Baywalk Trail * Clague

Attachment: Lease Agreement - USF - Baywalk Trail.pdf

Financial Management

17. Budget Amendment Resolutions

Attachment: B-14-042_Resolution_Narrative.pdf

18. Change Order #2 to Contract #12-1881-DS, 9th Street E (53rd Ave E to 57th Ave E)

Attachment: Contract Documents C.O. # 2.pdf

19. First Amendment to the Agreement for Correctional Healthcare Services with Armor Correctional Health Services, Inc. * Eschenfelder

Attachment: First Amendment to Health Services Agreement.pdf

Neighborhood Services

20. Revisions to the Housing Program Internal Policies

Attachment: RESOLUTION R-14-026.pdf

Attachment: Revised Housing Policy4.pdf

Parks and Natural Resources

21. Tree Trust Fund Application

Attachment: 044dtd031114 Tree Trust.pdf

Attachment: Cortez Rd Canopy application.pdf

Property Management

22. 44th Avenue East, 19th Street East to 30th Street East, Parcel 157 owned by Unique Air, Inc.

Attachment: Warranty Deed.pdf

Attachment: Affidavit.pdf

Attachment: PartialRelease.pdf

Attachment: 44th Ave E 19th-30th Parcel 157 loc map.pdf

23. Lakewood Ranch Stewardship District Dedication for the Extension of Rangeland Parkway Right of Way

Attachment: WARRANTY DEED.pdf

Attachment: AFFIDAVIT.pdf

Attachment: LOCATION MAP.pdf

24. Recording of a Road Plat Map -- Pulled from agenda and postponed for two weeks (pulled for later date)

Attachment: 46th Avenue West_Location Map.pdf

Attachment: 46th Avenue West_ROW Map.pdf

Attachment: 46th Avenue West_Affidavit.pdf

Public Safety

25. Write Off Uncollectible EMS Ambulance User Fees

Attachment: January 2014 ATT A.pdf

Attachment: January 2014 ATT C.pdf


26. Cooperative Funding Agreement between Southwest Florida Water Management District and Manatee County for Toilet Rebate Project - Phase VII (N571) * Sikora

Attachment: Resolution R07-031.pdf

Attachment: County Administrator Autorization Letter 10-1-12.pdf

Attachment: Approved Budget, FY14 & FY15, Water Conservation.pdf

Attachment: Cooperative Funding Agreement for Toilet Rebate, Phase VII (N571).pdf


27. Motion to Approve Consent Agenda -- Approved, 6 - 0, Benac absent, (without item #24)


28. Citizen Comments (Consideration for Future Agenda) -- Rodger Dowdell reminded the members, that on Jan. 28, 2013, they were issued a Writ of Mandamus, commanding them to do their duty as is mandated in the 5th Article of the Bill of Rights and Constitution. Dowdell questioned members knowledge and intent for not recognizing a "Common Law Grand Jury," citing the Federal Case ruling (U.S v. Williams Page 47,  A).  During Dowdell's extended explanation, Bustle reminded Dowdell his time was up, Dowdell asked Bustle if he was denying him of his civil right, and Dowdell continued until his microphone was turned off.       


Alan Anderson and Bruce Williams, both in the building industry, asked commissioners to reconsider their decision to exclude "Appliances" from their Secondhand Dealers Ordinance. Both men were joined by two members of the Manatee County Sheriff's Office, who also supported reevaluating the decision to exclude  appliances in the ordinance vote. -- (Full Story) 


Parks and Natural Resources

29. Environmental Lands Management and Acquisition Advisory Committee Appointments

Attachment: Conerly, William (Bill) ELMAC App.pdf

Attachment: Hawkins, Bradley ELMAC App.pdf

Attachment: Nicholson, James (Bob) ELMAC App.pdf

Attachment: Richards IV, Charles (Rick) ELMAC App.pdf

Attachment: Tussing, Scott ELMAC App.pdf

Attachment: Ugarte, Patsy ELMAC App.pdf -- Approved, 6 - 0, Benac absent

CIVIC CENTER AUTHORITY (Robin DiSabatino, Chairman)


PORT AUTHORITY (Carol Whitmore, Chairman)

D. ADVERTISED PUBLIC HEARINGS (Presentations Upon Request)

E. ADVERTISED PUBLIC HEARINGS (Presentation Scheduled)

Building and Development Services

30. Ordinance 14-13 - Land Development Code Amendment - Right of Way - Legislative - William Clague * Clague

Attachment: Section 722.1.3 Right-of-Way Final - 02-25-14 BC.pdf

Attachment: Copy of Newspaper Advertising 3-11-14 BC.pdf -- Approved, 6 - 0, Benac absent




31. Responses to Inquiries

Attachment: Responses to Inquiries - Surplus & 45th St E.pdf

Attachment: Responses to Inquiries - Animal Services.pdf



32. Commissioner Comments -- 

Chappie -- No Comment

Whitmore -- One comment about transit, Sarasota County is getting more efficient. 

Baugh -- It is going to take us working together to get this done quickly (Baugh speaking about the I-75/ University Parkway intersection makeover and making it to the top of the MPO/FDOT priority list).

Gallen -- "I just want to thank staff for Silver Oaks update … Thanks for the playground equipment, and there is talk of a mobile library, that's great."

DiSabatino -- I want to thank Carol and those across the river for their participation in the fashion show. Tampa Bay Estuary Program appointed a citizen to their Advisory Board.





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