Manatee County Commission Meeting Results, August 9, 2011

BOARD OF COUNTY COMMISSIONERS PORT AUTHORITY

CIVIC CENTER AUTHORITY COMMUNITY REDEVELOPMENT AGENCY MANATEE COUNTY, FLORIDA

WEBSITE: WWW.MYMANATEE.ORG

10:00 A.M.

31. 2012 Legislative Priorities 10:30 A.M.

32. 44th Avenue East Report

AWARDS/PRESENTATIONS/PROCLAMATIONS

PROCLAMATIONS

1. Children’s Summit Day – August 27, 2011

2. Women’s Equity Day – August 20, 2011

PRESENTATIONS

3. August 2011 Employee of the Month – Present award to Billy Mason, Traffic Control Technician III, Public Works Department > "I would like to thank my fellow workers", 10 years with Public Works.

4. Heroism Award – Present award to Richard Garst, Probation Officer, Community Services Department >Garst was recognized for having helped pull a fellow worker from a vehicle, across three lanes to safety, after head-on collision.

5. Safety Award – Present award to Patricia Adams, Transit Operator, Public Works Department. Adams was lauded for caring for her passengers when transfering them to alternative vehicle.

6. Outstanding Public Development Award – Presentation by Rachel Whitcomb Layton, Florida Planning & Zoning Association, Immediate Past President, of award received for the Palmetto Elementary Complex

CLERK OF CIRCUIT COURT

¥ Clerk’s Consent Calendar: Approval

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

9:00 a.m. REGULAR MEETING August 9, 2011

ITEMS SCHEDULED FOR TIME CERTAIN

TO THE EXTENT POSSIBLE, THE FOLLOWING ITEMS WILL BE CONSIDERED AT THE TIMES INDICATED

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

CITIZEN COMMENTS

COMMENTS SHOULD BE LIMITED TO TWO MINUTES PER PERSON AND SHOULD CONCERN ITEMS ON CONSENT AGENDA.

CONSENT AGENDA

THE FOLLOWING ITEMS ARE DETERMINED TO BE ROUTINE IN NATURE AND SHOULD BE CONSIDERED IN A SINGLE MOTION. ITEMS DETERMINED TO WARRANT INDIVIDUAL DISCUSSION SHOULD BE REMOVED FROM THIS LIST PRIOR TO THE MOTION TO ADOPT. SUCH ITEMS SHOULD BE DISCUSSED SEPARATELY. CONSENT AGENDA  -Approved Unanimous--(7--29)  (13, 14 & 17 Pulled for comment, all Approved Unanimous)

Agenda – August 9, 2011 Page 2 

ATTORNEY

7. 9th Street East Road Improvement Project – Approve settlement for Parcels 106/806 with Manasota Group,

Inc., fka Horizon Bancorporation, Inc., Manatee County v. Bradenton THCI Holding Company, et al., Case 2009-

CA-3661

8. 44th Avenue East Project – Execute and authorization to record Subordination of Utility Interests and Agreement

for Reimbursement for Additional Facility Relocations with Verizon Florida, LLC, Manatee County v. El Rancho

Village, Inc., etc., et al., Case 2011-CA-2445

9. Mediated Settlement Agreement – Approve agreement with Gabriela Stefanko, Case 2010-CA-4470

10. Tax Deed Sale – Authorize disbursement of surplus funds of $31,022.85 from tax deed sale of land owned by

Mellon Mortgage Servicing Corp. to Default Investor Corp

COMMUNITY SERVICES

11. Children’s Summit – Approve County to participate and co-sponsor 17th Annual Children’s Summit on

August 27, 2011

FINANCIAL MANAGEMENT

12. Budget Amendment Resolution – Adopt Budget Resolution B-11-068

13. Golf Courses – Approve Franchise License Agreement with Pope Golf, LLC and authorize County Administrator

or designee to execute agreement*

14. John H. Marble Park – Authorize County Administrator or designee to execute agreement with The Bible

Baptist Church of Bradenton for operation and maintenance of the Community Center Building at John H. Marble

Park*

15. Voter Education Program – Execute Certificate Regarding Matching Funds obligating Manatee County to

provide matching funds in the amount of $5,421.32 for voter and poll worker education training

NATURAL RESOURCES

16. Work Squad – Execute contract with Florida Department of Corrections (DOC) for deployment of State DOC

work squad for Manatee County Natural Resources Department

NEIGHBORHOOD SERVICES

17. Analysis of Impediments to Fair Housing Choice – Execute Manatee County Certification and Commitment

page to affirmatively further fair housing 

18. Economic Development Incentive Grant – Adopt Resolution R-11-174 finding that ”Project Piper“ is approved

for an EDI grant to be paid over a five-year period

19. Land Use Restriction Agreement – Execute Agreement to Terminate the agreement with Manasota ARC

PROPERTY MANAGEMENT

20. 44th Avenue East Project – Execute Contract for Sale and Purchase for a Warranty Deed from Aer-Flo Canvas

Products, Inc.

21. 51st Avenue East, Bradenton – Execute and record Subordination of Utility Interest from Brighthouse Networks,

Inc., Utility Easement, Affidavit of Ownership and Encumbrances

22. Road Plat Map – Execute and record Specific Purpose Survey for a county-maintained road designated as 121st

Avenue East, Parrish; Affidavits

23. Road Plat Map – Execute and record Specific Purpose Survey to identify and locate the right-of-way of Fort

Hamer Road from Mulholland Road north to approximately 122nd Place East, Parrish

24. Temporary Work Space Agreement – Execute agreement with Florida Gas Transmission Company, LLC, required for replacement of portion of existing gas line located between Woodstock and Rye Wilderness Roads

under the Manatee River*

PUBLIC SAFETY

25. Uncollectible EMS Accounts – Adopt Resolution R-11-160 to remove uncollectible accounts for ambulance

services totaling $326,517.41

PUBLIC WORKS

26. No Thru Commercial Vehicles – Authorization to advertise and set public hearing on August 23, 2011, to

consider adoption of Ordinance 11-019*

27. Surplus Vehicle – Adopt Resolution R-11-175 classifying certain tangible personal property as surplus and

authorizing donation to Gulf Shore Animal League*

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

Agenda – August 9, 2011 Page 3

UTILITIES

28. Data Collection – Execute Joint Funding Agreement with U.S. Geological Survey for data collection at five stations

(Manatee River at Rye Bridge, Fort Hamer, Devil’s Elbow, and Myakka Head, and Little Manatee River at Duette)

29. Fee Waivers – Waive $115 in service fees assessed to utility customer accounts for returned bank items

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

30. Palmetto/North Manatee County Enterprise Zone Development Agency – Appoint/reappoint three persons to

the Palmetto/North Manatee County EZDA board Presentation by

MANATEE COUNTY CIVIC CENTER AUTHORITY JOE MCCLASH, CHAIRMAN

MANATEE COUNTY COMMUNITY REDEVELOPMENT AGENCY ROBIN DISABATINO, CHAIRMAN

ADMINISTRATOR

31. 10:00 A.M. TIME CERTAIN 2012 Legislative Platform -- Presented by Nicholas Azzara and Cari Roth --  Technical Institute Funding: SUPPORTS continued persuit of performance-based funding. - Port Manatee/Transportation: SUPPORTS acceleration of the Port Manatee Connector Road - Beach Renourishment: SUPPORTS the continuation of a dedicated state funding source. - Manatee County SUPPORTS a requirement for all remote vendors to collect and remit Florida's state and local option sales taxes. Manatee County SUPPORTS sovereign immunity for physicians treating patients in the emergency room. -  Approved unanimous: (On Hold) Basin Board: Manatee has serious concerns over the loss of local input in the decision-making process for how to invest SWFWMD property-tax revenue for water projects such as flood control, water supply and drainage.  

PUBLIC WORKS

32. 10:30 A.M. TIME CERTAIN

44th Avenue East (30th Street to 45th Street East) – Report and approval of staff recommendations Motion to continue, study changes, reduced road size, fence or landscape and speed reduction. - Motion to continue: Approved Unanimous after much discussion (full story)

ADMINISTRATION/COMMISSION COMMENTS

On Basin Board issue:  - Commissioner Michael Gallen, "We are paying and we are not getting a vote." - Commissioner Joe McClash, "It's taxation without representation."  Comissioner Carol Whitmore asked Cari Roth to talk with Water Management and Manasota 88. said "we need to check our legal options."

33. Budget Discussion: Manatee County Administrator Ed Hunzeker presented several reworked budget options, one being that the county could cut an additional $800,000 from this year's budget in order to fund half of the requested 20 new sheriff deputies and then not have to raise property tax millage rates as the board had previously voted to preserve the ability of doing. The commission voted in favor of this proposal, option 4 of those presented, but there will still be two public budget hearings before the board casts its final vote on the budget next month.