Public beach concessions to go out for bid

BRADENTON - Beach concessionaires Dee Percifield and Gene Schaefer just want to keep doing what they're doing so well, and Commissioner Carol Whitmore says she believes their contract should be renewed without any bidding, but they lost the battle on Tuesday.

The County Commission voted 4-3 to put out a request for proposal (RFP) for the beach concessions at the Coquina and Manatee Public Beaches.

What upset Whitmore was a line in the agenda memorandum that said there could be additional revenue streams from cabana and chair rental. "When I saw the cabana and chair rental, I thought, that's not why people come to the Manatee County beaches," she said, and that it sounded like something along the line of someone coming out and applying tanning oil to your body.

"We're trying to keep the character of the island. That's totally not what we're about," she said. "I have not ever had a complaint as a city commissioner, as a mayor or a county commissioner about the current services at the beach."

The lease agreement with P.S. Beach Associates ends July 19, 2010, and allows for a 5-year extension to July 19, 2015, and the county staff is recommending competitive proposals for a new license agreement.

The concessions are run by Lorna (Dee) Percifield and Gene Schaefer, and Commissioner Joe McClash said that he liked them and wanted a delay since the contract has another year to run, but he wasn't going to support extending the contract without bids.

Commissioner Larry Bustle said he wouldn't support an extension, either. "I believe in this case that we should look for proposals, and the current vendors are encouraged to participate in that," he said.

Commissioner John Chappie, though said he wasn't aware that there was a problem and that if there was a problem or a need for more amenities, they should just discuss it with the concessionaires. "From talking with residents and people on the beach, and my own personal experience out there, everything is just great," he said.

Commissioner Gwendolyn Brown said she saw no problem or issue, and nothing wrong with the least, but that it was a recommendation from County Administrator Ed Hunzeker.

"It's a business transaction that the county has that hasn't been put out for a look-see in quite some time. The market has changed," he said. "We believe it's time to take a look and update our contractual arrangement with these vendors to include some additional terms and agreements."

Hunzeker said that there are some fee arrangements that need to be changed and that it's reasonable to expect that the current vendors will respond to the request for proposal (RFP).

They could amend the agreement to include things, Hunzeker said, but they won't know until they have competitive vendors, which is not to say the current vendors couldn't be continued.

"You'll always be second-guessing yourself unless you allow yourself some kind of procurement and allow all responsible proposers to get their deal in front of you," he said. "It's not that we have a bad contract, it's just that it could be better."

Commissioner Ron Getman said, "We've asked staff to give us recommendations. We also, in a recent meeting, addressed contractual renewals and we asked you to not continue doing renewals automatically in light of the changing economic conditions and look at going out for bid instead of the automatic renewal process."

He noted that he had heard great compliments about the facility, but "it's just a business thing," he said.

Commissioner Donna Hayes agreed that there needed to be an RFP. "I believe it's our due diligence to look at this contract, to put it out for an RFP. I believe we owe it to all of our residents," she said. "As the current vendors there, I definitely say that you have an advantage. But I want to say to my constituents that we did our due diligence and we did the best for the county."

Whitmore said Percifield and Schaefer are doing a good job, and that the potential of the cabanas and chairs was worrisome. "This is very near and dear to me. You're not going to screw up my island," she said, adding that they are the kind of people who made the island what it is. "It looks like I've lost this battle," she concluded.

"It seems that it comes down to this, that it's all about money," Schaefer told the commissioners. "We have stated in writing already that we want a renewal process to go forward. We don't want the county to get involved in a prolonged RFP, which takes time and money."

We have the institutional knowledge and the background and experience to keep doing a good job, he said.

"We built it from zero to where it is now," Schaefer added. "All we're asking you to do is to approve a renewal process where we would negotiate with the administrator, and we may lose in that negotiation. We may indeed win in that negotiation. But at least give us the opportunity to negotiate.

"Don't just cut us off and say, 'Gee, it's been great and you're doing a wonderful job, and we think we ought to look and see what's out there with a fresh face can come in. We don't think that's quite right. But that's not our determination. That's your determination."

"Gene and I love that beach, and I don't think if you go out for bids all over the place that you might get somebody who pays more, but they don't last," Percifield said. "How can you put us out when we have taken it from nothing to what it is now? "I don't think you'll ever get anybody better."

She concluded, "To me, you all are our partners, and I don't think you've heard any complaints, anytime, and I think you should honor our part of this.

"I just think we deserve the next five years."

Hunzeker said that the question was that the services haven't been put out for response since 1992, and that the public's business has to be done in a public way. With the board's local preference, the current vendors could be successful, he said.

"There's nothing wrong with the current contract and the current vendors. It's just that the contract needs review," Hunzeker said.

Other commission action

In other County Commission action, the commissioners:

• Voted 7-0 on a sewer assessment project for Winterland Estates.

• Voted 7-0 on the Community Development Block Grant Substantial Amendment.

• Voted 6-1 on the CDBG Annual Action Plan after some discussion over the splash park in Lincoln Park, which McClash said he couldn't support due to its cost.

• Voted 7-0 on Alco Properties, Manatee County Conservatory Park, University Groves and Burnett Trust as a group.

• Voted 7-0 on a recreation fee schedule for the Parks and Recreation Department.

• Approved a continuation to July 28 on the Manatee County Conservatory Park Environmental Preserve Management Plan.

Consent agenda

The County Commission voted 7-0 to approve the consent agenda, including the following items;

• Federal Health Reform Legislation - Adopt Resolution R-09-162 endorsing NACo's health reform principles

• Volunteer Host Agreement - Execute Host Agency Agreement with AARP*

• 9th Street East Road Improvement Project - Execute and record Subordination of Utility Interests and Agreement for Reimbursement for Additional Facility Relocations with Florida Power & Light Company, Manatee County v. Bradenton THCI Holding Company, LLC, Case 2009-CA-3661

• Delegation of Authority - Adopt Resolution R-09-161, rescinding R-07-125, delegating authority during extended periods with no Board meetings

• Eminent Domain: 17th Street East (Parcel 110) - Approve settlement with Laura Bell Mitchell to settle the valuation of the acquisition by Manatee County, Manatee County v. Laura Bell Mitchell, et al., Case 2007-CA-8903

• Adult Daycare - Execute Amendment 2 to Community Care for the Elderly funding agreement with Meals on Wheels Plus of Manatee, Inc.

• Children's Summit - Approve County to participate and co-sponsor the 15th Annual Children's Summit

• DUI Court Program - Approve, ratify, and confirm application to State of Florida, Department of Transportation for Highway Safety Funds to provide Manatee County DUI Court Program*

• Justice Assistance Grant - Approve Federal FY 2009 Edward Byrne Memorial Justice Assistance Grant as recommended by the Public Safety Coordinating Council (PSCC), and adopt Resolution R-09-150 authorizing submission and acceptance of grant from Bureau of Justice Assistance designating the PSCC as grant advisory board, authorizing Chairman to execute documents regarding submission and acceptance, authorizing Director of Community Services Department or designee to execute documents regarding grant administrative functions

• MPO Grant Application - Authorize County Administrator to execute grant application to Sarasota/Manatee Metropolitan Planning Organization (MPO) for MPO Congestion Management System Program and/or Major Improvement Project funding, substantially in accordance with the attached draft application documents, to defray Manatee County's cost of operating the Anna Maria Island Trolley

• Rural Operating Assistance Grant - Authorize Chairman to sign Notification of Funding form for acceptance of5311 grant funds for Transit projects from Florida Department of Transportation, and expenditure of grant funds pursuant to grant award

• Crisis Communications Response Plan - Authorize Executive Director to implement plan and expend funds from the Disaster Recovery Fund if a disaster or 'perceived/press-related' emergency should occur

• 63rd Avenue East Bridge (Pearce Canal) - Execute Change Order 1 with Woodruff and Sons, Inc.

• Bid Protest - Disposition of request for hearing officer related to bid protests on the proposed awards in IFB 09-0043DR (65th Ave Pipe Replacement) and IFB 2906OV (Lift Station Maintenance)

• Budget Amendment Resolution - Adopt Budget Resolution B-09-032

• Correctional Healthcare Services - Execute Addendum 2 to agreement with Prison Health Services, Inc.

• Customer Information and Billing System - Execute agreements with Ventyx Incorporated for complete upgrade to system with subsequent execution of ancillary third party software agreements

• Employee Health Benefits - Execute agreement with Third Party Benefits, Inc., of Florida, for administrative services for Employee Health Benefits

• Interfund Loan - Adopt Resolution R-09-160 approving interfund loan from General Fund to Clerk of Circuit Court for software, hardware, and related costs and improvements to court technology

• Marine Rescue Headquarters - Enter into negotiations with Power Contracting, LLC, Inc., to provide design build construction services

• Telecom Conduit Infrastructure - Execute Addendum 3 to agreement with MasTec North America, Inc.

• Transit Bus Shelters - Execute agreement with Tolar Manufacturing Co., Inc., for pre-manufactured transit bus shelters

• Utility Architectural/Engineering Services - Execute Addendum 2 to extend agreements with CH2M Hill, Carollo Engineers, P.C., Malcolm Pirnie, Inc., and URS Corporation Southern

• Tree Trust Fund - Authorize Property Management Department to acquire funds to provide design, irrigation, and landscaping for the Parrish School House

• Ungarelli Preserve - Adopt Resolution R-09-159 authorizing submission of grant to the U.S. Fish and Wildlife Service for restoration activities at preserve and for Chairman to execute application

• Local Housing Assistance Plan (LHAP) - Adopt Resolution R-09-149, amending R-09-091, providing for revisions to the LHAP for FY 2009-12

• Golf Course Fees - Adopt Resolution R-09-148, rescinding R-09-012, Fee Schedule for Manatee County and Buffalo Creek Golf Courses

• Lakewood Ranch Park - Adopt Resolution R-09-141 authorizing construction of a two-story, combination building at Lakewood Ranch Park by East Manatee G.T. Bray Little League, and for Chairman to execute the associated license agreement*

• Myakka Community Center - Execute Amendment and Supplement to the agreement with Myakka City Community Center, Inc., extending agreement to January 1, 2010*

• Post Disaster Redevelopment Plan (PDRP) - Authorize transmittal of the final draft PDRP to Florida Department of Community Affairs

• 63rd Avenue East Bridge (Pearce Canal) - Accept and record Subordination of Utility Interests and Agreement for Reimbursement for Additional Facility Relocations with Florida Power & Light Company

• 63rd Avenue East Bridge (Pearce Canal) - Execute Contract for Sale and Purchase for a Utility Easement from David R. and Kimberly J. Burnham

• 63rd Avenue East Bridge (Pearce Canal) - Accept and record Utility Easement from David R. and Kimberly J. Burnham, Affidavit of Ownership and Encumbrances, Joinders, Right of Way Consent Agreement from Florida Power & Light Company, Memorandum of Right of Way Consent

• Bayside Community Church - Accept and record Right-of-Way Easement from Bayside Community Church of Sarasota, Inc., Affidavit of Ownership and Encumbrances, Joinder

• Erie Road - Execute Contract for Sale and Purchase for a Warranty Deed with Erie Park, LLC

• Palmetto Park Site - Accept dedication of ±3 acre vacant parcel to be utilized as park site

• Portable Building - Execute purchase agreement with School Board of Manatee County for acquisition of a surplus portable building

• Road Plat Map - Execute and record certification of right-of-way map for a County-maintained road designated as Revell Road in Road Plat Book, and record affidavits

• Vacant Church Structure - Adopt Resolution R-09-072 dedicating a church structure at 510 17th Street West, Palmetto, to King of Kings Baptist Church, LLC, and execute and record Agreement for Disposition of County-owned Structure

• Animal Services - Adopt Resolution R-09-136 establishing a transfer agreement with approved animal welfare organizations

• Student Clinical Agreement - Execute Renewal Agreement with Manatee Technical Institute to extend term of Student Clinical Experience agreement

• Braden River Watershed Study - Execute amended Cooperative Funding Agreement with Southwest Florida Water Management District, Sarasota County, and City of Bradenton

• Fairfield (fka Mixon/Neal S.R. 70 Rezone) - Execute Agreement for Payment in Lieu of Construction of Future Improvements with Resource Conservation of Manatee, LLC

• Surplus Equipment - Adopt Resolutions R-09-145 and R-09-146 authorizing donation of excess property to Suncoast Baptist Academy and Community Coalition on Homelessness; and classify property which is uneconomical to upgrade or repair as surplus per Florida Statute ¤274.05 to enable disposition in accordance with Purchasing Code 99-37, Section 1.106, and authorize disposal

• Surplus Vehicles - Classify vehicles which are uneconomical to operate as surplus per Florida Statute ¤274.05 to enable appropriate and authorized disposition, and authorize disposal

• Bathymetry of Lake Manatee - Execute joint funding agreement with U.S. Geological Survey for construction of a current bathymetric surface model, contour map, and area/capacity formula for Lake Manatee

• Fee Waiver - Waive service fees assessed to utility customer accounts for returned bank items

• Uncollectible Bills - Authorize write-off of uncollectible accounts receivable resulting from property damage to County's utility infrastructure

• Uncollectible EMS Accounts - Adopt Resolution R-09-151 to remove uncollectible accounts for ambulance services

• Dashboard Report - Accept into the record dashboard report for month of March 2009