Manatee County Commission Agenda Results, 3/29/11

Manatee County Board of Commissioners
Regular Meeting
March 29,2011
County dministration Building
9:00 a.m.


AWARDS/PRESENTATIONS/PROCLAMATIONS
RECOMMENDED MOTION: I MOVE TO ADOPT THE PROCLAMATIONS INCORPORATING THE LANGUAGE AS STATED
IN THE RECOMMENDED MOTIONS IN THE AGENDA MEMORANDA.

PROCLAMATIONS
1. Tobacco Free Florida Week – March 28-April 2, 2011
2. Public Health Week – April 4-10, 2011
3. Minority Health Month – April 2011
4. Fair Housing Month – April 2011
5. Guardian Ad Litem Month – April 2011
6. Water Conservation Month – April 2011
7. Donate Life Month – April 2011
8. National County Government Month – April 2011 Unanimously approved

PRESENTATIONS
9. Future of the Region Award – Recognition of Honorable Mention award presented at the 19th Annual Future of
the Region Awards hosted by the Tampa Bay Regional Planning Council for the new G.T. Bray Recreation
Center/Administration Building

CLERK OF CIRCUIT COURT

¥ Clerk’s Consent Calendar: Approval = Unanimously approved.

ADMINISTRATOR

10. Acceptance of Gifts – Adopt Resolution R-11-058 – Increased amount the County can receive from donors from $200 to $10,000.  Unanimously approved.

11. Numeric Nutrient Criteria - Adopt Resolution R-11-091 in opposition to Environmental Protection Agency numeric nutrient criteria – This resolution was withdrawn at the last minute for reasons that remain vague.  Apparently, some felt it was too aggressive towards the EPA, which is proposing new guidelines for nitrogen and other nutrients from agricultural  runoff,  fertilizer and storm water.  It will come back to the commission when the EPA review is final;  the federal report is now in a draft stage and significant changes can still be made.

ATTORNEY

12. 9th Street East Road Improvement Project – Authorize Chairman to execute and record Subordination of Utility Interests and Agreement for Reimbursement for Additional Facility Relocations with Tampa Electric Company, dba TECO Peoples Gas, Manatee County v. Bradenton THCI Holding Company, et al., Case 2009-CA-3661 - Unanimously approved.

BUILDING AND DEVELOPMENT SERVICES

13. Code Enforcement Case (CE2006070660 Synovus Bank of Tampa Bay) – Reduce fines to $1,500, as recommended by Special Magistrate, subject to conditions - Unanimously approved.

COMMUNITY SERVICES

14. Aging Services Program – Adopt Budget Resolution B-11-047 amending annual budget to provide funds for Aging Services programs – Chair Carol Whitmore made a point of spelling out the needs for funds to conduct programs that serve Alzheimer’s and dementia victims.  She is a former RN and spoke movingly of the crisis the county has arrived at by reducing service to these persons. Unanimously approved.

15. Driver Education Program – Execute agreement with School Board of Manatee County for $135,475 for the Dori Slosberg Driver’s Education Enhancement Program, and adopt Budget Resolution B-11-043 – Commissioners Joe McClash, Donna Hayes, Michael Gallen and others spoke up for Driver’s Ed programs that are currently threatened by budget shortages. Chairwoman Carol Whitmore wanted to know with certainty that the money will be spent at least in substantial part on hands-on driver classes, not the ”study hall“ Gallen said he experienced in high school. Unanimously approved.

FINANCIAL MANAGEMENT

16. Budget Amendment Resolution – Adopt Budget Resolution B-11-037 - Unanimously approved.

17. Budget Amendment Resolution – Adopt Budget Resolution B-11-042 approving necessary budget amendment to reclassify certain FEMA funds from Hurricane Charley (1539) to Hurricane Jeanne (1561), and authorize

repayment of $103,052.18 of the original funds received in accordance with a request from State of Florida, Division of Emergency Management to pay these claimed expenses under the Hurricane Jeanne event - Unanimously approved.

18. Chiller Piping – Authorize County Administrator or designee to execute Change Order 3 to contract with B & I Contractors, Inc., for reduction of $32,690 and addition of 30 calendar days - Unanimously approved.

19. Southwest Water Reclamation Facility (SWWRF) – Award IFB 10-3586OV to Brandes Design-Build, Inc., for improvements to reclaimed water automation at the SWWRF, and authorize County Administrator or designee to execute contract documents, payment/performance bonds, and certificate of insurance – Commissioner Joe McClash pointed out that this project will partly pay its $325,357 cost by improvements that will increase the value of the land involved ny more than $100,000. - Unanimously approved.

NATURAL RESOURCES

20. Tree Trust Fund – Authorize Parks and Recreation Department to acquire $62,166 from Tree Trust Fund to purchase and install trees at Creekwood Park, and adopt Budget Resolution B-11-039 - Unanimously approved.

21. Tree Trust Fund – Authorize Natural Resources Department to acquire $280,000 from Tree Trust Fund to purchase and install 750,000 slash pine trees at Duette Preserve, and adopt Budget Resolution B-11-045 - Unanimously approved.

22. Tree Trust Fund – Authorize Natural Resources Department to acquire $16,300 from Tree Trust Fund to provide a buffer screen between Robinson Preserve and adjacent home owners, and adopt Budget Resolution B-11-038 -  Unanimously approved.

23. Ungarelli Preserve – Execute cooperative funding agreement with Southwest Florida Water Management District for restoration activities at the preserve, and adopt Budget Resolution B-11-044 – Several Commissioners pulled this item out of the Consent Agenda to make sure the public knew the value it will receive in approving these funds for a little-known but important nature preserve. - Unanimously approved.

24. WCIND Request for Countywide Projects – Authorize Chairman to sign letter to WCIND requesting funding for Natural Resources Department for purchase of a vessel, trailer, motors and marine electronics to be used by

Marine Resources Coordinator, authorize execution of WCIND agreement, and adopt Budget Resolution B-11-035 – This item engendered nearly an hour of discussion about the use of millage increment funds that are to be used for marine-related benefits in a our counties and region.  Sarasota’s has been used for a sea wall, while Manatee Co. wants to use some to buy land for boat ramps and pay for updating existing ones.  Chair Carol Whitmore insisted it should be used for dredging canals and and channels, but Natural Resources director Charlie Hunsicker said counties can use it for whatever marine purpose they want, such as the Sarasota sea wall. The item was tabled pending a better understanding of what can be done with the available money and to determine what is being done or previously committed, and how much money there is. Awaiting further information.

NEIGHBORHOOD SERVICES

25. Economic Development Incentive (EDI) – Adopt Resolution R-11-087 finding that ”Project Build“ is approved for an EDI grant to be paid over a five year period - Unanimously approved.

26. Economic Development Incentive (EDI) – Adopt Resolution R-11-088 finding that ”Project Gateway“ is approved for an EDI grant to be paid over a five year period Project Build - Unanimously approved.

27. Economic Development Incentive (EDI) – Adopt Resolution R-11-089, rescinding R-10-207, to correct payout information and finding that ”Project Grand“ is approved as a qualified applicant and providing matching funds as

a local participant in the Qualified Target Industry Tax Refund Program, EDI Grant, and a Transportation Impact Fee Refund - Unanimously approved.

28. HUD Grant Agreement – Approve and execute Funding Approval and Grant Agreement with the U.S. Department of Housing and Urban Development for the Neighborhood Stabilization Program 3 (B-11-UN-12-0010) for $3,321,893 - Unanimously approved.

PROPERTY MANAGEMENT

29. 14th Street West, Bradenton – Accept and record Utility Easement from Racetrac Petroleum Inc., Affidavit of Ownership and Encumbrances - Unanimously approved.

30. 15th Street East at 51st Avenue East, Bradenton – Adopt Resolution R-11-085 authorizing Property Acquisition to conduct pre-suit negotiations and make written offers to purchase certain parcels (Exhibit A), before proceeding with eminent domain - Unanimously approved.

31. Cortez Road – Accept and record Right of Way Easement from Royal Palm Car Wash LLC, Affidavit of Ownership and Encumbrances, Joinder - Unanimously approved.

32. Erie Road Intersection Improvement Project – Execute Contract for Sale and Purchase of a Warranty Deed from Earl and Catherine Stancil - Unanimously approved.

33. Golf Course Road, Parrish – Accept and record Utility Easement from Florida West Coast Resource Conservation and Development Council Inc., Affidavit of Ownership and Encumbrances - Unanimously approved.

34. Holiday Heights Water Easement – Accept and record Utility Easement from Lewis and Jeanette Gallo, Affidavit of Ownership and Encumbrances - Unanimously approved.

35. Manatee Glens – Adopt Resolution R-11-074 for conveyance of county property for a non-profit community purpose facility located at 1819 5th Street West, Bradenton, execute Contract for Sale and Purchase of Real Property from Manatee County to Manatee Glens Corporation, execute and record Deed to Manatee Glens Corporation, accept and record Permanent Easement from Manatee Glens – This item required the county to sell land without the customary proviso that the land would revert back to it if the proposed use was abandoned.  The historic contribution of Manatee Glens was broadly hailed and the County Atty.  suggested that the language in this case, where the organization involved is well-known, was not a problem.  An Asst. County Attorney said the so-called ”reverter“ clause was sought by the Manatee Glens lender because the group will need a mortgage to buy the $48,00 property.  Commissioner At Large Joe McClash said later that he thought the property was also undervalued.  Approved 6-1 (McClash).

36. Southwest Florida Water Management District (SWFWMD) – Execute Cooperative Funding Agreement with SWFWMD for implementation of the NAVD 88 Project, adopt Budget Resolution B-11-040* - Unanimously approved.

37. Wares Creek Stormwater Improvement Project (Parcel E116) – Accept and record Access and Maintenance Easement from Eugene Shultis, Sr., Carol Shultis, Julia Thornton Willis, and June West, Affidavit of Ownership

and Encumbrances - Unanimously approved.

38. Wares Creek Stormwater Improvement Project (Parcel E119) – Accept and record Access and Maintenance Easement from Traci Roark, Brian Shultis, and Brad Shultis, Affidavit of Ownership and Encumbrances - Unanimously approved.

39. Wares Creek Stormwater Improvement Project (Parcel W281) – Execute Contract for Sale and Purchase for a Warranty Deed from George Perreault LT 2, LLC, authorize reimbursement of attorney fees and costs - Unanimously approved.

PUBLIC SAFETY

40. Fee Schedule – Adopt Resolution R-11-025 establishing a fee structure for various services provided by Animal Services* - Unanimously approved.

PUBLIC WORKS

41. Advanced Traffic Management System (ATMS) – Adopt Resolution R-11-086 authorizing Chairman to execute a Local Agency Program agreement with Florida Department of Transportation for ATMS Phase II Retiming Study* - Unanimously approved.

42. Erie Road Intersection Improvement – Execute Stipulation of Parties with Florida Power & Light Company and Florida Department of Transportation for the closure of 69th Street East highway-rail grade crossing and the opening of a new crossing on realigned 69th Street East* - Unanimously approved.

43. Rubonia Street Lighting Multiple Service Benefit Unit (MSBU) – Adopt Resolution R-11-082 modifying the assessment roll for the Rubonia Street Lighting MSBU by splitting a parcel owned by Juanita Harris and JoAnn

Myrick - Unanimously approved.

44. Surplus Equipment - Adopt Resolutions R-11-064 and R-11-083 authorizing donation to North River Fire District and Victorious Life Christian Center, and classify property which is uneconomical to upgrade or repair as surplus per Florida Statute ¤274.05 to enable appropriate and authorized disposition, and authorize disposal - Unanimously approved.

UTILITIES

45. Time Payment Agreements – Execute and record agreements (8) for facility investment, water connection and line extension fees - Unanimously approved.

46. Time Payment Agreements – Execute and record agreements (9) for facility investment, water connection and line extension fees - Unanimously approved.

REPORTS

47. Dashboard Report - Accept into the record the Dashboard Report for month of February 2011

RECOMMENDED MOTION: I MOVE TO APPROVE THE CONSENT AGENDA INCORPORATING THE LANGUAGE AS

STATED IN THE RECOMMENDED MOTIONS IN THE AGENDA MEMORANDA (AS MAY HAVE BEEN AMENDED IN THE

SUPPLEMENTAL AGENDA). - Unanimously approved.

(END CONSENT)

CITIZEN COMMENTS

COMMENTS SHOULD BE LIMITED TO TWO MINUTES PER PERSON

AND SHOULD CONCERN BUSINESS WHICH MAY, IF APPROPRIATE, BE PLACED ON A FUTURE AGENDA.

MANATEE COUNTY PORT AUTHORITY – No action.

LARRY BUSTLE, CHAIRMAN

NOTHING SCHEDULED

MANATEE COUNTY CIVIC CENTER AUTHORITY

JOE MCCLASH, CHAIRMAN

MICHAEL GALLEN, FIRST VICE-CHAIRMAN

DONNA G. HAYES, SECOND VICE-CHAIRMAN - - Unanimously approved.

CONSENT AGENDA

48. Minutes for Approval: December 7, 2010, January 6, 2011 - Unanimously approved.

REGULAR AGENDA

49. Donation - Accept donation from the Crosley Estate Foundation in the amount of $30,000 to be used toward Crosley rehabilitation projects - Unanimously approved after change of amount to $40,000, as it did appear on Commissioners’ agenda.

MANATEE COUNTY COMMUNITY REDEVELOPMENT AGENCY

ROBIN DISABATINO, CHAIRMAN

NOTHING SCHEDULED

ADVISORY BOARD/COMMITTEE APPOINTMENTS

NOTHING SCHEDULED

ADVERTISED PUBLIC HEARINGS

PRESENTATIONS UPON REQUEST - ITEMS 50-52

PROPERTY MANAGEMENT

50. Tropicana Manufacturing (CONTINUED FROM 11/9/10, 1/25/11) – Continue public hearing to September 20, 2011, at 9 a.m. or as soon thereafter, to consider adoption of Resolution R-10-101-V to vacate certain public rights of way - Unanimously approved.

ADMINISTRATOR

51. Ordinance 11-12 Acceptance of Gifts – Adopt Ordinance 11-12, repealing Ordinance 86-5 - Unanimously approved.

NEIGHBORHOOD SERVICES

52. CDBG Annual Action Plan – Adopt Resolution R-11-059 providing for amendments to R-10-077 to substantially amend the 2010 Community Development Block Grant Annual Action Plan - Unanimously approved.

REGULAR AGENDA

NATURAL RESOURCES

53. Geraldson Community Farms - Annual report, and authorization for the Chairman to sign a letter of support to the Selby Foundation for an RC&D grant application for the County owned property, and authorization for the County Administrator to prepare and execute similar letters of support concerning the construction of the barn - The Farm’s request for a letter to aid it in fundraising  was unanimously approved after presenters described the value of its multitudinous classes and programs, including an 8-acre organic farm producing many varuieties of vegetables, a farm market and other projects.  The Farm pays for itself, the presenters from the USDA and a state agricultural agency said.

COMMISSIONERS AGENDA

McCLASH

54. Erie Road Multi Use Path - - Unanimously approved. (See story today.)

ADMINISTRATION/COMMISSION COMMENTS

 Chair Carol Whitmore urged commissioners to ”Let the builder be creative“ with new projects. She also called for more consistency in projects with respect to sidewalk installation.  She also said the popular We The Kings band will come to the Board meeting of Oct. 11 to be honored by the board for its good works. She also reported on a meeting that’s been sought with Gov. Rick Scott, and commented, ”It’s so schizo up there that you can’t tell until you get there whether you will meet with him.“

Larry Bustle said he’s headed soon to Las Vegas where he will celebrate a reunion of pilots and airmen from his Vietnam fighter wing.

Robin DiSabatino attended a meeting of Trailer Estates residents.

Joe McClash asked that a letter be sent to thank the retiring mayor of Longboat Key for his service to the County and the Metropolitan Planning Organization.

ADJOURN