Manatee County Commission Agenda Results May 10, 2011

MEETING CALLED TO ORDER: Carol Whitmore, Chairman

INVOCATION & PLEDGE OF ALLEGIANCE: Rev. Christopher Schmidt, Parrish United Methodist Church

ITEMS SCHEDULED FOR TIME CERTAIN

34. GAMBLE CREEK – APPEAL OF IMPACT FEE ADMINISTRATOR DETERMINATION

AWARDS/PRESENTATIONS/PROCLAMATIONS

1. May 2011 Employee of the Month and Heroism Award – Present awards to Randy West, Park Ranger II, Natural Resources Department

2. Palmetto Crew – Presentation by the Palmetto High School Rowing Crew

¥ Tourism Week Proclamation

3. Volunteer Recognition – Recognize years of service of long-time volunteers, Dean Porter (26 years) and Jack Parker (13 years), at the Tourist Information Center

4. Destination Marketing Association Program (DMAP) Accreditation – Presentation by Jack Wert, Collier County CVB director and DMAP member, of accreditation credential of Bradenton Area CVB

5. Robinson Preserve Fit2Run Twilight 5kRun – Accept donation of $4,761.45 from Fit2Run to be used by Natural Resources Department at Robinson Preserve, and adopt Budget Resolution B-11-053

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

6. Tourism Week – May 7-15, 2011

7. Salvation Army Week – May 8-14, 2011

8. Law Enforcement Memorial Week – May 15-21, 2011 [TO BE PRESENTED AT LAW ENFORCEMENT MEMORIAL CEREMONY]

9. Emergency Medical Services Week – May 15-21, 2011

10. National Public Works Week – May 15-21, 2011

11. Teen Pregnancy Prevention Month – May 2011

12. Drug Court Month – May 2011

13. DUI Court Month – May 2011

Agenda – May 10, 2011 Page 2

Carol Whitmore, District 6 At-Large, Chairman

John R. Chappie, District 3, 1st Vice-Chairman; Larry Bustle, District 1, 2nd Vice-Chairman; Michael Gallen, District 2, 3rd Vice-Chairman

Robin DiSabatino, District 4; Donna G. Hayes, District 5; Joe McClash, District 7 At-Large

CITIZEN COMMENTS

CONSENT AGENDA

SUCH ITEMS SHOULD BE DISCUSSED SEPARATELY.

¥ Clerk’s Consent Calendar: Approval

14. Final Plat: Central Park, Subphase B-2b – Approve, execute, and record - Approved 7-0

15. Budget Amendment Resolution – Adopt Budget Resolution B-11-051 - Approved 7-0

16. Courthouse Chiller Piping – Authorize County Administrator or designee to execute Change Order 4 to contract with B&I Contractors, Inc., for increase of $158,535 and addition of 60 calendar days - Approved 7-0

17. Environmental Impact Study – Authorize County Administrator or designee to execute Change Order 1 to agreement with URS Corporation Southern for analysis of a river crossing* - Commissioners rejected what seemed like an effort by Waterlefe homeowners to intimidate them with the prospect of higher costs and lawsuits from proceeding with the Fort Hamer Bridge project funded by the federal government. The homeowners want the bridge project cancelled and the Rye River Rd. Bridge used in its place. Approved 6-1 (Whitmore)

18. Impact Fee Credit (Lost Creek Resort Apartments) – Execute Credit Authorization CA-10-06(T) and Final Authorization of Road Impact Fee Credit for dedication of right-of-way on Lakewood Ranch Boulevard - Approved 7-0

19. Impact Fee Credit (Wal-Mart Stores East, Inc.) – Execute Credit Authorization CA-10-01(T) - Approved 7-0

20. Name Change – Execute Addendum 2 to agreements (2) for land acquisition and relocation services, and professional services for transportation planning and project review with Post, Buckley, Schuh & Jernigan, Inc., acknowledging a name change to Atkins North America, Inc. - Approved 7-0

21. Charlotte Harbor National Estuary Program (CHNEP) Funding – Execute agreement with Southwest Florida Regional Planning Council for County share funding of the CHNEP, in the amount of $5,000 - Approved 7-0

22. Countywide Navigation Projects – Execute letter to West Coast Inland Navigation District requesting implementation of projects: 1) Bathymetric survey for City of Bradenton for unmarked shore channel extending from Coquina Bayside north boat ramp to approximately 4th Street South, and 2) waterway dredging in accordance with a Noticed General Permit for previously identified impaired waterways in City of Anna Maria - Commissioners familiar with local waterways involved knew an second unmarked channel runs beside the marked one and so extended the survey and other work to Longboat Pass and included the unmarked channel. Approved 7-0

23. Neal Preserve – Execute agreement with Southwest Florida Water Management District for natural resources restoration* - Approved 7-0

24. 9th Street West, Bradenton – Adopt Resolution R-11-107-V declaring a public hearing on June 7,

 

2011, to consider and act upon application to vacate certain unimproved rights of way on 9th Street West*

25. Bunker Hill Community Park – Accept and record Deed from Mosaic Fertilizer, LLC conveying 75 acres of park property located on S.R. 62, and authorize appropriate staff to sign Statement of Completion and Request for Transfer to Operation Entity* - Deferred.

26. Erie Road Intersection Improvement Project – Execute and record Subordination of Utility Interests and Agreement for Reimbursement for Additional Facility Relocations from Bright House Networks, LLC – Approved 7-0

27. Lakewood Ranch Boulevard – Accept and record Warranty Deed from Lost Creek Apartments, LLC, Affidavit of Ownership and Encumbrances  – Approved 7-0

28. Community Transportation Coordination (CTC) – Execute Coordination Agreement with Quality of Life Community Services, Inc., provider with Manatee County Area Transit – Approved 7-0

29. Highway Lighting Maintenance and Compensation – Execute annual ”Exhibit A“ to agreement with Florida Department of Transportation – Commissioners asked that a new form of lighting in addition to LEDs be considered for us. – Approved 7-0

30. Utility Standards – Adopt Manatee County Public Works Utility Standards, revision date May 10, 2011 – Approved 7-0

31. Lien Release – Execute and record Release of Time Payment Agreement Liens (8) – Approved 7-0

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).

Agenda – May 10, 2011 Page 3

Carol Whitmore, District 6 At-Large, Chairman

John R. Chappie, District 3, 1st Vice-Chairman; Larry Bustle, District 1, 2nd Vice-Chairman; Michael Gallen, District 2, 3rd Vice-Chairman

Robin DiSabatino, District 4; Donna G. Hayes, District 5; Joe McClash, District 7 At-Large

CITIZEN COMMENTS

MANATEE COUNTY PORT AUTHORITY

LARRY BUSTLE, CHAIRMAN

THE CONSENT AND REGULAR AGENDA ITEMS FOR ANY PORT AUTHORITY MEETING ARE SET FORTH IN THE PORT AUTHORITY MEETING AGENDA

MATERIALS NOTEBOOK. PORT STAFF ASSUMES RESPONSIBILITY FOR DISTRIBUTION OF THE AGENDA FOR THE PORT AUTHORITY MEETING AND HAS COPIES

OF THE AGENDA AVAILABLE PRIOR TO AND AT THE COMMENCEMENT OF THE PORT AUTHORITY MEETING

NOTHING SCHEDULED

MANATEE COUNTY CIVIC CENTER AUTHORITY

JOE MCCLASH, CHAIRMAN

NOTHING SCHEDULED

MANATEE COUNTY COMMUNITY REDEVELOPMENT AGENCY

ROBIN DISABATINO, CHAIRMAN

NOTHING SCHEDULED

ADVISORY BOARD/COMMITTEE APPOINTMENTS

NOTHING SCHEDULED

ADVERTISED PUBLIC HEARINGS

32. Industrial Development Revenue and Refunding Bond – Conduct TEFRA public hearing and consider adoption of Resolution R-11-099 approving interlocal agreement and issuance of $4,000,000 Industrial Development Revenue and Refunding Bonds by City of Bradenton for the benefit of Manatee County Young Men’s Christian Association, Inc. – Approved 7-0

33. Revenue Notes – Conduct TEFRA public hearing and consider adoption of Resolution R-11-115 for the Plan of Finance for the issuance of Manatee County Port Authority Revenue Notes in an amount not to exceed $3,000,000 for dredging improvements at Port Manatee by the Manatee County Port Authority

34. 11:00 A.M. TIME CERTAIN

Public hearing pursuant to a written determination issued on December 8, 2010, by Impact Fee Program Manager. A request filed by Medallion Homes for an appeal of an administration determination regarding the approval of impact fee credits for a 165.53 ± acre subdivision which is planned to be comprised of 194 single-family detached residences located north of Golf Course Road and west of Spencer Parrish Road in Parrish, Florida*  – Commissioners conducted a lengthy hearing to determine whether a taking of 1,550 feet of frontage land for right-of-way should offset impact fee credits of about $66,000.  The right-of-way will serve only 9 daily trips on Spencer Parrish Rd. from the planned Gamble Creek subdivision.  Applicants wanted either the land or the credits.  They got neither because Commissioners decided the Land Development Code justified the taking under its police powers for public safety. – Approved 7-0

Agenda – May 10, 2011 Page 4

Carol Whitmore, District 6 At-Large, Chairman

John R. Chappie, District 3, 1st Vice-Chairman; Larry Bustle, District 1, 2nd Vice-Chairman; Michael Gallen, District 2, 3rd Vice-Chairman

Robin DiSabatino, District 4; Donna G. Hayes, District 5; Joe McClash, District 7 At-Large

35. Ordinance 11-05 – Sign Ordinance

Robert Schmitt, AICP, Planning Division Manager

[NO ACTION REQUIRED; THIS IS THE FIRST OF TWO PUBLIC HEARINGS, THE SECOND PUBLIC HEARING IS JUNE 2, 2011] An Ordinance of the Board of County Commissioners of Manatee County, Florida, regarding land development; amending Section 201, Land Development Code, to repeal all sign-related definitions; repealing in its entirety Section 724, Signs, Land Development Code; creating a new section in the Land Development Code for sign-related definitions in Section 201, Definitions, to create new sign definitions; amending Section 304 regarding authority of hearing officers to grant adjustments to sign regulations; creating a new Section 724 in the Land Development Code consisting of new sign regulations; providing for a purpose and intent; providing for a permitting processes for signs; providing for administration and enforcement of the sign regulations; providing for exceptions from requirements for standards for sign permits; providing for revocation of sign permits; setting forth an appeal process regarding sign permits; amending Section 502.7.4, Posted Notice, regarding sign regulations; amending Section 603.4 Planned Development Districts with specific reference to signs; amending Section 737, Entranceways regarding sign regulations; amending Section 603.3 regarding planned development and 603.14, PDW-planned development-waterfront with reference to sign regulations; amending 604.10 North Central Overlay District with reference to sign regulations; amending Section 713, Visibility Triangles; amending

Section 911, Vacation of Streets and Transfer of Plats; amending Section 709.3.6 Lighting for Signs; amending other sections of Land Development Code for internal consistency; providing for severability in general; providing for severability where less speech results; providing for severability of provisions pertaining to prohibited signs; providing for severability of prohibition on billboards; providing for codification; and providing an effective date. - Commissioners suggested changes to the ordinance to allow home businesses to erect small, regulated signs, and to loosen restrictions on small political signs, while asking staff to determine whether scrolling and animated signs should be permitted and whether landscaping or other exigencies should permit an increase in sign heights by more than 20 percent and as much as 25 percent from the suggested 25-ft. limit.  Set for second reading.

 

36. Draft Evaluation and Appraisal Report (EAR) of the Manatee County Comprehensive Plan

Kathleen Thompson, Planning Manager – A substantial presentation by planners gave Commissioners a look at the draft of a completed comprehensive plan review mandated by the state under growth management laws that have now been substantially changed by the Legislature in its 2010-2011 session. The Commissioners seemed unfazed by the review and suggested changes to emphasize the difference between urban and suburban planning with respect to its consensus goal of enhancing the county’s historic urban core. Planners noted that the county has met most of its major goals of the past comprehensive plan, which by law must be reviewed every seven years.

REGULAR AGENDA

NOTHING SCHEDULED

ADMINISTRATION/COMMISSION COMMENTS

ADJOURN

* Documents have been reviewed by County Attorney's Office

The Board of County Commissioners of Manatee County, the Manatee County Port Authority, the Manatee County Civic Center Authority, and the Manatee County Community Redevelopment Agency may elect not to convene, if no business is scheduled; however, each reserves the right to take action on any matter during its meeting, including items not set forth within this agenda. The Chair of each governing body at his/her option may take business out of order if he/she determines that such a change in the schedule will expedite the business of the governing body.

The Board of County Commissioners of Manatee County, Florida, does not discriminate upon the basis of any individual's disability status. This non-discrimination policy involves every aspect of the Board's functions including one's access to, participation in, employment with, or treatment in, its programs or activities. Anyone requiring reasonable accommodation for this meeting as provided for in the Americans with Disabilities Act, should contact Kaycee Ellis at 742-5800; TDD ONLY 742-5802, wait 60 seconds; FAX 745-3790. PUBLIC NOTICE: According to Florida Statutes, Section 286.0105, any person desiring to appeal any decision made by the Board of County Commissioners (or

the other entities that are meeting) with respect to any matter considered at said public hearing/meeting will need a record of the proceedings, and for such purposes may need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is to be based.

Prepared/Revised on 5/5/2011