december 6. 1994

DECEMBER 6. 1994

The Board of County Commissioners, Manatee County, Florida, met in

REGULAR SESSION in the Administrative Center, 1112 Manatee Avenue West,

Bradenton, Florida, Tuesday, December 6, 1994, at 9:06 a.m.

Present were Commissioners:

Stan Stephens, Chairman

Joe McClash, First Vice-chairman

John R. Gause, Second Vice-chairman

Patricia.M. Glass

Lari Ann Harris

Maxine M. Hooper

Gwendolyn Y. Brown

Also present were:

James W. Seuffert, Interim County Administrator

H. Hamilton Rice, Jr., County Attorney

Judy LaMee, Director of Communications and Development,

representing R. B. Shore, Clerk of Circuit Court

Representatives of the various news media were present.

Invocation by Reverend J. Clement Walker, Harvey Memorial Church,

The meeting was called to order by Chairman Stephens.

All witnesses/staff giving testimony were duly sworn.

AWARDS/PRESENTATIONS

1994 Florida Transit Association Awards

1994 Florida Transit Association Awards, won by Manatee County at the

20th Annual Florida Transit Association Conference, were presented to

Transit staff. The awards were: 1994 Unit Safety Award; Electronic/

Audio Visual; Special Event Campaign; and Customer information.

Retirement Certificate - Irving H. Stewart

A Certificate of Retirement was presented to Irving H. Stewart.

Agriculture and Natural Resources Department, honoring his 11 years of

service with Manatee County Government.

PROCLAMATION

Upon motion by Mr. Gause, and second by Mr. McClash, a Proclamation was

unanimously adopted designating December 1, 1994, as "Purple Ribbon

Campaign to Silence the Violence" day in Manatee County. RECORD S44-615

Fredi Brown, Chairman of the campaign, accepted the Proclamation.

CITIZENS' COMMENTS

Offshore Jurisdictions, No-Wake Zones, Personal Watercrafta

James Kissick addressed Ordinance 82-19, offshore jurisdictions, no-wake

zones, and the reckless use of watercraft along the island beaches.

Patricia Bass, representing the Personal Watercraft Association, spoke

regarding the issue of no-wake zones in the Draft 1995 State Legislative

Program (discussed later in the meeting).

Jeff Albritton spoke on personal watercrafts, and acknowledged the

awareness of safety and efforts being taken to monitor offshore areas.

AGENDA DELETIONS/CHANGES

James W. Seuffert, Interim County Administrator, made the following

changes to the agenda:

1994 Annual Advisory Board Report - Include authorization to sunset

the SHIP Advisory Committee.

State Road 70 Right-of-way Acquisition Services - Contract with

Post. Buckley. Schuh & Jernigan. Inc. - Deleted from the agenda

(NOTE: Action taken later in the meeting)

H. Hamilton Rice, Jr., County Attorney, recommended deferral to

December 15, 1994, of the report on the Gun Club Relocation/Sheriff

Training Facility acquisition.

44/151

44/152

DECEMBER 6. 1994 (Cont'd)

CONSENT AGENDA

Motion was made by Mr. McClash, seconded by Mrs. Harris and carried

unanimously, to approve the Consent Agenda of December 6, 1994, with

deletion of the following items (all separate actions):

Children's Services Funding/Infants & Toddlers Program - Agreement

with Manatee County School Board.

Parks and Recreation Fee Schedule/Policy - Resolution R-94-300.

Vehicle Donation - Donation from the Sheriff^s Office.

- Office Space Development/Courthouse Annex Renovation - Work

Assignment 1 to agreement with Fawley Bryant Architects. Inc.

Soils and Materials Testing - Addendum 4 with Professional Services

Industries. Inc.

Processing Wood/Yard Wastes - Issuance of Change Order 6 to PO

97345 with Kenetech Resource Recovery. Inc.

Items APPROVED:

CLERK OF CIRCUIT COURT

BONDS ,

Accept;

Sheriff's Public Deputies Blanket Bond (5 additions; 8 deletions)

RECORD S44-616

Release:

Glenn Lakes, Phase I-A (94-8-06)

1. Agreement with Centex Real Estate Corporation guaranteeing

completion of required improvements, $1,288,124.50.

2. Performance Bond: $1,288,124.50 (Irrevocable Letter of Credit

No. 00336427, First National Bank of Chicago)

West Glenn, Phase III (89-S-ll)

1. Agreement with Centex Real Estate Corporation guaranteeing

completion of required improvements, $15,210.

2. Performance Bond: $15,210 (Letter of Credit No. 00336339 for

Nations Bank through First National Bank of Chicago)

Tara, Phase I, Unit 6 (93-S-28)

1. Agreement with Tara Manatee. Inc. guaranteeing completion of

required improvements, $2,000.

2. Performance Bond: $2,000 (Official Check No. 3176529, drawn on

Barnett Bank of Naples)

BILLS FOR PAYMENT

Carlton, Fields et al - General Matters, Inv 36465

Carlton, Fields et al - Kathy Snell, Inv 36704

Carlton, Fields et al - County Commissioners, Inv 36621

McFarlain, Wiley et al - Water/Wastewtr Utility

Bush, Ross et al - Hy Kom (thru 9/30/94), Inv 110919

- Cerniga v MC (thru 8/31/94), Inv 110399

- Cerniga v MC (thru 10/31/94) Inv 111715

- Dillard v MC (thru 10/31/94) Inv 111716

- Dillard v MC (thru 8/31/94) Inv 110398

- Smith v Barnes (thru 10/31/94) Inv 111971

- Smith v Barnes (thru 9/30/94) Inv 110918

N/SE/SW WWTP Emerg Generatr Specific Review

SW WWTP Aeration & Digester Sys Imprvmts

NW Potable Water Storage Tank & PS

Water Trtmt Plant Lab Expansion Design

E Pond Effi Storage Site As-Built Drawings

Braden Rvr/SR 70 Park Design, Inv 642

Daughtrey Park/Ph I Design, Inv 641

Bush,

Bush,

Bush,

Bush,

Bush, Ross et al

Bush, Ross et al

Ross et al

Ross et al

Ross et al

Ross et al

Black & Veatch -

Black & Veatch -

Black & Veatch -

Black & Veatch -

Black & Veatch -

Jerry Zoller

Jerry Zoller

$ 284.75

10,093.49

7,614.89

677.75

112.14

196.79

579.69

495.00

197.64

3,655.06

262.45

2,511.19

25,024.58

3,609.54

2,984.46

2,173.67

4,701.40

2,245.11

Richard Fawley Architects - S Cnty Branch Library Design,

Inv 942111 16,789.97

Zoller, Najjar & Shroyer - 36-inch Wtr Transmission Main,

SR 70 to University Pkwy (8/3/94-9/27/94) 7,307.92

Zoller, Najjar &.Shroyer - 16-inch Reclaimed Water-main,

,.'...' Magellan to Bay Dr 2,350.75

Zoller, Najjar»& Shroyer - 36-inch Wtr Transmission Main,

SR 70 to University Pkwy (9/28/94-11/1/94) 3,797.11

Rockdale Pipeline - 42-inch Wtr Transmission Main, Phi

Water Trtmt Plant to SR 64 218,063.76

Post, Buckley et al - Glen Creek Ph II Conceptual Design 3,795.70

Post, Buckley et al - Engineer Svs/86 St W Drainage Imprvmts 2,926.00

Sewell, Valentich et al - Appraisal Svcs/SR 70 11,000.00

DECEMBER 6, 1994 (Cont'd)

Sewell, Valentich et al - Appraisal Svcs/Cortez Rd,

Parcel 14 (Wiedeman) 1,305.94

Wade-Trim, Inc. - McLewis Bayou Bridge Design 1,423.78

Wade-Trim, Inc. - Warners Bayou Bridge Design, W/A 3 1,297.72

Wade-Trim, Inc. - Warners Bayou Bridge Design, W/A 2 1,395.26

Walrus Construction - Highway Forman's Bidg, Paymt 4 45,473.00

CCI Environmental Services - Consulting Svs, Buffalo Creek

Golf Course 149.20

Sky Construction - Pearce Drainage Canal Realign/Rehab 11,727.20

Camp Dresser & McKee - Stormwater Management Master Plan 89,671.10

Greber Appraisal Services - Appraisal Svs/Glen Creek

Retention Facility, Inv 4057C 400.00

Greber Appraisal Services - Appraisal Review/SR 70 Proj 5,600.00

Briley, Wild & Assoc. - Lychee Acres Sanitary Sewer System

Inv 4 & 5 3,880.89

Briley, Wild & Assoc. - Reclaimed Water Main, Bay Dr-34 St W 2,675.06

Briley, .Wild & Assoc. - Lychee Acres Sanitary Sewer System

Inv 2 7,301.00

Keith Kerr Construction - Moccasin Wallow Rd Reclaimed

Water Main, Req 2 88,632.06

APAC-Florida, Inc. - Singletary/Betts Road Paving 136,129.20

Glace & Radcliffe - Rye Road Realignment/Bridge Replacmt 10,629.42

Richard'M. Bass Assoc. - Appraisal Svcs/SR 70 Widening 9,100.00

Coastal Planning & Engineering - Anna Maria Beach Renourish

Inv 2607 48,689.13

HDR Engineering - Engineer Svcs, Annual Recycling/Waste

Reduction Rpt 6,000.00

Larson Engineering - 9 St E Design, SR 64 to US 301 3,817.60

Larson Engineering - NWWTP Effi Transfer Pump Station,

Inv 8110/8111 12,219.00

Larson Engineering - Parrish Waterline Extension/Imprvmts,

Inv 8104/8105 2,182.97

Larson Engineering - NWWTP Effi Dispos/Storage Facility

Design, Inv 8108/8109 1,560.89

Larson Engineering - Moccasin Wallow Rd Reclaimed Water

Main, Inv 8112 2,423.77

Lombardo & Skipper - 75 St W Improvements, Cortez Rd to

Manatee Ave W 12,796.40

McKim & Creed - 42-inch Wtr Transmission Main, SR 64-SR 70 6,167.98

T.W. Althof Co. - Housing Rehabilitation, Final Pmt (Bauer) 5,594.50

REFUNDS

McDonald^s Corp. - Water Facility Investment Fee 2,465.00

Judy & Bill LaMee - P&R Bridge Club Class cancelled 120.00

Charles N. Forrest - COBRA Premiums 10/93 thru 3/94 977.58

HRS Cnty Public Hth Unit - Public Svs/Wastewtr Hepatitis Prgm 765.00

Mabel Jackson - Ambulance Overpayment 389.96

Nellie Herndon - Ambulance Overpayment 372.63

Martin Moss - Special Permit (permit fee charged in error) 840.00

Schroeder Manatee Ranch, Inc. - F/Plat Process Fee Overpaymt 711.81

WARRANT LIST

Approve: November 15, 1994 through December 5, 1994

Authorize: December 6, 1994 through December 14, 1994

MINUTES FOR APPROVAL

September 27, 1994

October 4, 11 & 18, 1994

AUTHORIZE CHAIRMAN TO SIGN

Satisfactions of Judgment:

Dennis Blizzard, Case No. 90-1042F, $100

Cindy LaRoy, Case No. 94-1095JD, $395.80

Randall T. Ryals, Case No. 93-1758J, $25

Loretta V. Register, Case No. 93-2266F, $250

Jennifer Fournier, Case No. 90-6696T, $100

George Yerian, Case No. 90-4856M, $75

Carolyn Yon, Case No. 94-1935JP, $724.50

Darlene Brantley, Case No. 94-1666JP, $510.70

Lewis Outzie, Case No. 89-2934F, $200.00

Authorization for Payment of Taxable Costs:

Harmon J. Karasick, Esq. - State vs. G.B., a Child, Case No.

94-1036JD, $1,207.50

44/153

44/154 ^


APPROVE. RATIFY & CONFIRM

Transit Advertising Agreement with The Inlets (1/15/95-1/15/96)

, , RECORD S44-617

ACCEPT

Lakewood Ranch Community Development District I - Minutes of the Board

of Supervisors meetings held September 1 and October 6, 1994.

Myakka Community Center/School House Property Closing Documents -

Memorandum (12/1/94) from Karen Jackson Sims, Community Affairs/

Intergovernmental Relations Director, forwarding original closing

documents:

1. Buyer's and Seller's Combined Closing Statement dated 11/14/94,

reflecting a purchase price of $40,000.

2. Title Insurance Policy with Attorneys' Title Insurance Fund.

Inc.. Policy No. C-2058812, effective 10/23/94.

3. Warranty Deed (dated 11/11/94) from Betty Jo White as to an

undivided 1/2 interest; Ernesteen L. McLeod. John Daniel McLeod.

and Joe Phillip McLeod. each as to an undivided 1/6 interest.

4. Hazardous or Toxic Haste Affidavit (dated 11/11/94) from Betty

Jo White, Ernesteen L. McLeod, John Daniel McLeod, and Joe

Phillip McLeod. RECORD S44-618

COUNTY ADMINISTRATOR

DETENTION FACILITY - BUILDING D-WE8T

Execution of Certificate of Substantial Completion for Building D-

West of the Manatee County Detention Facility with Centex

RooneY/National Development and Lescher and Mahonev. Inc..

RECORD S44-619

ADVISORY BOARDS ANNUAL REPORT

Accept the 1994 Annual Report of Advisory Committees and Boards as

required by Resolution 92-288 and authorization to sunset the State

Housing Initiative Partnership (SHIP) Advisory Committee.

STATE HOUSING INITIATIVES PARTNERSHIP AFFORDABLE HOUSING INCENTIVE PLAN

Chairman to sign letter transmitting the Revised Affordable Housing

Incentive Plan to the Florida Housing Finance Agency.

1995 LEGISLATIVE LIAISON SERVICES

Accept letter agreement with Betty J. Steffens of the firm

McFarlain. Sternstein. Wiley and Cassedy for legislative liaison

services during the 1995 regular legislative session, $20,000 (Port

Authority $5,000; County $15,000), plus reimbursable costs.

RECORD S44-620

FLORIDA SESOUICENTENNIAL COORDINATING COMMITTEE

Adoption of

R-94-319 A RESOLUTION OF THE .BOARD OF COUNTY

COMMISSIONERS OF MANATEE COUNTY, FLORIDA, APPOINTING

MEMBERS OF THE MANATEE COUNTY HISTORICAL COMMISSION TO

SERVE AS THE COUNTY'S SESQUICENTENNIAL COORDINATING

COMMITTEE

and authorize the Chairman to sign letter transmitting the

appointments to the Florida Department of State. RECORD S44-621

ALZHEIMER'S DISEASE INITIATIVE

Execution of Amendment 1 to contract with West Central Florida Area

Agency on Aging. Inc.. increasing Alzheimer's Disease Initiative

Grant Program by $11,610 of state funds for respite care services,

total state funding of $50,550 (no match required). RECORD S44-622

COMMUNITY CARE FOR THE ELDERLY

Execution of Amendment 1 to contract with West Central Florida Area

Agency on Aging. Inc., increasing the Community Care for the

Elderly Grant Program by $46,506 of state funds and $5,167 county

funds for selected services, total grant of $1,014,344 (State ~

$912,910; County - $99,420; Program Income - $2,014). RECORD S44-623

FEDERAL ANTI-DRUG ABUSE GRANT

Execution of letter to Department of Community Affairs requesting

the term of Subgrant 95-CJ-2P-08-01-066 (Comprehensive Drug Abuse

Prevention) awarded for October 1, 1994, through September 30,

1995, be amended to January 1, 1995, through September 30, 1995.

NONPROFIT.AGENCY FY 1995 FUNDING AGREEMENT

Execution of FY 1995 Nonprofit Agency Three-Party Funding Agreement

for a food bank with Our Daily Bread of Bradenton. Inc., and Meals

on Wheels Plus of Manatee. Inc.. $5,000. RECORD S44-624


UNUM LONG-TERM DISABILITY INSURANCE

*'^sji- •^h]^5- '•'Accept addendum from UNUM^ Insurance Company of America, renewing

fy-1 .••''[.ij^-.ahtt^ Long-Term Disability Insurance Policy 500873, with an effective

'M^'.^UO^) iWi/'i' date of- January 1, 1995, and guaranteed through January 1, 1996, "f

with-no change to the existing rates. RECORD S44-625

DTJETTE PARK - LAND AND WATER CONSERVATION FUND PROGRAM GRANT

1. Adoption of

R-94-331 A RESOLUTION OF THE BOARD OF COUNTY

. COMMISSIONERS OF MANATEE COUNTY, FLORIDA, ACCEPTING A

GRANT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL

PROTECTION (DEP), UNDER THE LAND AND WATER CONSERVATION

FUND PROGRAM FOR THE DEVELOPMENT OF DUETTE PARK.

2. Execute letter authorizing acceptance of grant from DEP for the

development of Duette Park in the amount of $200,000 (State/Federal

$100,000; local match $100,000);

3. Authorize staff to complete all required Federal documents for

submission to DEP and authorize Chairman to execute all related

documents. RECORD S44-626

EAST BRADENTON RECREATIONAL COMPLEX - LAND AND WATER CONSERVATION FUND

Execution of Land and Water Conservation Fund Agreement with DEP

for the development of the East Bradenton Recreational Complex

($44,203.38: Federal $22,101.69; County $22,101.69). RECORD S44-627

GOLF COURSE FEE STRUCTURE

D / '

j i /v Adoption of

•^Cirjde-d. <y- ^ R-94-317 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,

/?-%--/95 <?y<P/95~ OF MANATEE COUNTY, FLORIDA, RESCINDING RESOLUTION R-94-168 AND

AMENDING THE GOLF COURSE FEE STRUCTURE AND POLICY FOR MANATEE

COUNTY AND BUFFALO CREEK GOLF COURSES FOR BOTH SUMMER AND

WINTER SEASONS.

(NOTE: Resolution reconsidered later in the meeting.)

GULF COAST SENIOR GAMES

Parks and Recreation Department to cosponsor the 1995 Gulf Coast

Senior Games to be held February 20-26, 1995.

DONATION - MANATEE HIGH SCHOOL

Accept a donation, in accordance with the provisions of Ordinance

86-05 and procedures established by the County Administrators

Office, in the form of materials, labor and contributions with a

total value of $10,000 from Manatee High School to construct a

batting cage at the G.T. Bray Softball Complex.

PRIVATEERS CHRISTMAS PARADE

Execution of agreement with The Anna Maria Island Privateers

allowing Privateers to use Coquina Beachside North Pavilion area on

December 10, 1994, for the Annual Christmas Parade; authorization

for the Privateers to distribute free food, gifts and beverages to

children, and to sell Privateer T-Shirts. RECORD S44-628

ACCESS AND DRAINAGE PERMITS

Accept affidavits for nonmaintained right-of-way use of access in

accordance with the Land Development Code, Section 712.2.3,

Ordinance 90-01 from:

Melvin Smith. Waterbury Grapefruit Tract, Lot 51

Arturo Gaona Prado. Pomello Park, Tract 50-B

Sam Evans. Winter Gardens Subdivision, Lot 6 and part of another

ARVIDA CORPORATE PARK - DPI 16

Schedule public hearings for February 9, 1995, Planning Commission

and February 23, 1995, Board of County Commissioners meetings to

consider the abandonment of the Arvida Corporate Park, DRI 16.

HEARING OFFICER

Approval and execution of Extension of Agreement with James A.

Paulmann extending original agreement (10/15/90) for an additional

one-year term (10/15/95) as Hearing Officer. RECORD S44-629

CREEKWOOD, PHASE ONE, SUB-PHASE I. UNIT B-5 - FINAL PLAT

Approval of, authorization for execution, and/or authorization to

record final subdivision plat with associated bonds and documents

as follows:

1. Final Plat.

2. Affidavit dated 12/7/94 from Thomas E. Durrance. Professional

Land Surveyor, stating that the road named 76th Street East is

incorrect and should be 76th Court East; and that the change

has been made on the plat.

3. Agreement with Wilma-Creekwood (West) Joint Venture Warranting

Required Improvements, $19,827.10.

44/155

44/156


4. Defect Security: $19,827.10 (Surety Bond No. X04249)

Preferred National Insurance Company, surety).

5. Agreement with Wilma-Creekwood (West) Joint Venture

Guaranteeing Completion of Required Sidewalks and Bikeways,

$24,960.

6. Performance Bond: $24,960 (Surety Bond No. X04248, Preferred

National Insurance Company, surety).

7. Amended Wilma-Creekwood (West) Joint Venture with incorporated

Notice to Buyer, List of Holdings, Fiscal and Budgetary

Information Respecting Subdivision, Phase I.

PARKWOOD LAKES. PHASE III - FINAL PLAT

Approval of, authorize execution of, and/or authorization to record

final subdivision plat with associated bonds and documents as

follows:

1. Final Plat.

2. Agreement with P.P.B. Development. Inc.. Warranting Required

Improvements, $12,949.45.

3. Defect Security: $12,949.45 (Irrevocable Letter of Credit No.

1069, West Coast Bank).

4. Agreement with P.P.B. Development. Inc.,. Guaranteeing

Completion of Required Sidewalks and Bikeways, $11,505.

5. Performance Bond: $11,505 (Irrevocable Letter of Credit No.

1066, West Coast Bank).

6. Conservation Easement from Curtis S. and C. Todd Petzoldt. as

Co-Trustees of Florida Land Trust PL-1.

7. Declaration of Covenants, Restrictions and Easements.

BAY COLONY DREDGE SPOIL SITE

Execution of Spoil Site Agreement with Dwayne Huxted and William J.

Morrison to establish a 12-acre disposal area, at no cost to the

County. RECORD S44-630

MANASOTA BASIN BOARD - FY 1996 FUNDING REQUEST

1. Approval of project ranking for the FY 1996 Manasota Basin Board

Cooperative Funding Program (listed below).

2. Adoption of

R-94-328 A RESOLUTION OF THE BOARD OF COUNTY

COMMISSIONERS, MANATEE COUNTY, FLORIDA, SUBMITTING

PROPOSALS FOR THE MANASOTA BASIN BOARD COOPERATIVE

FUNDING PROGRAM FOR FISCAL YEAR 1996 TO THE SOUTHWEST

FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD). RECORD S44-631

3. Chairman to sign letters (2) to Steven A. Minnis, SWFWMD,

transmitting the priority ranking and six project application forms

to SWFWMD:

Manatee Agricultural Reuse Supply Phase II, FY 96 Funding

Aquifer Storage Recovery Expansion

Oneco Drain South Detention Basin

Nicholson Branch Detention Basin

Bring Back Captain Hydro Water Resource Education Theater

Florida Yards and Neighborhoods Program

4. Chairman to execute all appropriate documents regarding submission

of the applications and related documents.

ONECO SEWER - ASSESSMENT ROLL MODIFICATION

Adoption of

R-94-326 A RESOLUTION MODIFYING THE SPECIAL ASSESSMENT

ROLLS FOR SANITARY SEWER ASSESSMENT PROJECT NO. 301-5148,

, ONECO. RECORD S44-632

ONECO SEWER - ASSESSMENT ROLL MODIFICATION

Adoption of



ONECO. , RECORD S44-633

ORANGE RIDGE - ASSESSMENT ROLL MODIFICATION

Adoption of



ORANGE RIDGE. , RECORD S44-634

PALMETTO COUNTRY CLUB ESTATES - ASSESSMENT ROLL MODIFICATION

Adoption of


ROLLS FOR ROAD ASSESSMENT PROJECT NO. 5150, PALMETTO

COUNTRY CLUB ESTATES. RECORD S44-635


PALMETTO POINT - ASSESSMENT ROLL MODIFICATION

Adoption of



PALMETTO POINT. RECORD S44-636

WASHINGTON PARK - ASSESSMENT ROLL MODIFICATION

Adoption of



WASHINGTON PARK. RECORD S44-637

FEE WAIVER - BRADENTON BEACH PIER

Approval of request from the City of Bradenton Beach for waiver of

tipping fees for the Army Corps of Engineers to remove debris from

the approach to the Bradenton Beach Pier beginning January 2, 1995.

DEEDS AND EASEMENTS

1. U.S. 301 Boulevard/Road Improvement - Special Warranty Deed from

Bradenton Mall Associates, and DeSoto Square. Inc. f/k/a Bradenton

Mall. Inc.. for right-of-way from 1st Street West to 30th Avenue

West; Vendor's Affidavits and FIRPTA Affidavits from A.D. Wolfcale,

Vice-President; Edward J. DeBartolo, Director, and Edward J.

DeBartolo, Jr., Director; Affidavit Establishing Partnership

Identity of Bradenton Mall Associates; Public Disclosure Act

Disclosure Affidavit; Joinder from NationsBank of Florida, N.A.

2. 9th Street East - Warranty Deed from David L. and Barbara G. Bauer

for right-of-way from 53rd Avenue East to 301 Boulevard; Temporary

Construction Easement and Affidavit of Ownership and Encumbrances;

Partial Release from Magnolia Federal Bank For Savings.

3. DeSoto Square Villas - Drainage Easement from DeSoto Square Villas

Owners/ Association. Inc. for removal of silt and maintenance of

the drainage ditch located on 3rd Street West and 32nd Avenue West;

Affidavit of Ownership and Encumbrances.

4. The Prado/Palma Sola Subdivision - Temporary Construction Easements

from Thomas J. and Frances E. Beimborn^ Edward R. and Grace E. Hey.

Trustees. and Sara R. Sheats to perform improvements and repair the

seawall adjacent to The Prado.

5. Terra Ceia Water Line - Quit-Claim Deeds (2) from Cesar A. and

Valeric Diaz and Kyle Brinkley; Utility Easements (3) from Cesar A.

and Valeric Diaz. Kyle Brinkley, and Susan K. Duncan for a water

line on Terra Ceia Island; Temporary Construction Easements (3) and

Affidavits of Ownership and Encumbrances (3); Joinders from Joan

Bowser and Magnolia Federal Bank For Savings.

6. Erie Lane - Utility Easements from Dan and Mary Hamner and Billy R.

and Letha A. Willis for facilities on Erie Road at Erie Lane;

Temporary Construction Easements and Affidavits of Ownership and

Encumbrances.

7. Tilderton Road Reuse Water Transmission Line - Utility Easement

from Michael A. and Teresa L. Mossier for a reuse water

transmission line; Affidavit of Ownership and Encumbrances; Joinder

from Barnett Bank of Southwest, Florida (Barnett Mortgage Company).

TRAFFIC SIGNAL MAINTENANCE: 1-75 AND US 301 INTERCHANGE

Execution of Traffic Signal Maintenance and Operation Order No. 83

with Florida Department of Transportation for traffic signals at

the east and west ramps for the 1-75 (SR 93) and US 301 (SR 43)

interchange in Ellenton. RECORD S44-638

TRANSIT PRIDE IN MANATEE CAMPAIGN

Transit staff to implement "Transit Pride in Manatee" campaign,

with two, six-month themes to be shown on the back and interior of

the transit buses, at a cost of $1,920.

9TH STREET EAST - ROAD IMPROVEMENTS

Execution of Change Order 5 to Work Assignment 1 with Lombardo &

Skipper. Inc.. for engineering consulting services, not to exceed

$21,100, and adjusted Work Assignment 1 of $404,456. RECORD S44-639

9TH AVENUE NORTHWEST - ROAD AND UTILITY IMPROVEMENTS

Execution of Final Change Order 1 to contract (IFB 311964DC) with

Stately Contractors. Inc.. for a net increase of $5,059.35 and 45

additional calendar days; adjusted contract amount $221,426.30 and

a revised completion date of August 14, 1994. RECORD S44-640

ANNA MARIA ISLAND ~ DUNE RESTORATION AND BEACH ACCESS/OVERWALK

Execution of change order 1 to Work Assignment 13 with Lombardo &

Skipper. Inc.. for supplemental surveying services, $5,560; total

not to exceed $27,776. RECORD S44-641

44/157

vrosenbecker

Highlight

44/158


MATERIALS AND SERVICES

1. Bay Colony Dredging - Award IFB 427104DC to lowest responsive,

responsible bidder, Southport Dredging. Inc.. $383,000; authorize

subsequent execution of contract, date,performance/payment bonds,

and accept insurance certificate.

2. Bayshore Gardens/Trailer Estates Dredging (Cedar Hammock South

Branch) - Award IFB 427094DC to lowest responsive, responsible

bidder. Southport Dredging. Inc.. $218,617; authorize subsequent

execution of contract, date performance/payment bonds, and accept

insurance certificate.

3. Reclaimed water Main (Magellan to Bay Drive) - Award IFB 432764DC

to lowest responsive, responsible bidder, Keith Kerr Construction.

Inc. . $759,903.90; authorize subsequent execution of contract, date

performance/payment bonds, and accept insurance certificate.

SURPLUS PROPERTY

1. Classify excess property as surplus per Florida Statute 274.05 to

enable/authorize disposition;

2. Record/dispose of property to be relieved from property records via

asset numbers in accordance with Florida Statutes 274.02 and 274.07

RECORD S44-642

FINANCIAL ADVISOR AGREEMENT

Execution of agreement with Raymond James & Associates. Inc.. to

provide financial advisor services on an as-needed basis to the

Board of County Commissioners, Port Authority, Civic Center

Authority and the Environmental Action Commission. RECORD S44-643

MARLITA SUBDIVISION - ROAD AND UTILITY IMPROVEMENTS

1. Execute Final Change Order 2 to contract (IFB 310994DC) with

Forsberg Construction. Inc.. for a net decrease of $7,291.31, and

adjusted contract amount of $390,780.14;

2. Approval of Final Pay Request 5 in the amount of $73,906.16; accept

Final Contractors Affidavit, Final Reconciliation Agreement; and

execute Certificate of Substantial Completion. RECORD §|1^||

PROFESSIONAL ENGINEERING CONSULTING SERVICES '

, 544-646

Execution of Addendum 1 to agreements with Manatee County and the

Port Authority and Glace and Radcliffe. Inc.. Lombardo and Skipper.

Inc.. Post. Bucklev. Schuh and Jernigan. Inc.. and Wade-Trim. Inc.

extending the agreements for professional engineering consulting

services for .transportation projects on as-required basis for an

additional one-year period (12/7/94-12/6/95)., §44-643 RECORD §44^649

SINGLETARY/BETTS ROADS - ROAD IMPROVEMENTS b^-b4y S44 6b0

Execution of Final Change Order 2 to contract (IFB 311274DC) with

APAC-Florida. Inc.. for a net decrease of $24,937.40 and adjusted

contract amount of $997,253.67. RECORD S44-651

WATER, WASTEWATER AND RECLAIMED WATER INFRASTRUCTURE PROJECTS

Execution of Addendum 2 to agreements with Larson Engineering.

Inc.. McKim & Creed Engineers^ P.A., and Zoller. Naiiar & Shroyer.

Inc.. to provide professional engineering consulting services for

water, wastewater and reclaimed water infrastructure projects on an

as-required basis for one additional year (12/29/94-12/28/95).

... ,,. RECORD 344^652

BUDGET AMENDMENTS §44-654

Adoption of Budget Amendment Resolutions:

FINANCIAL MANAGEMENT (B-95-015)

Item Transfers: Redistributes postage costs from a central account

to the appropriate cost centers which generate the postage costs.

$47,982

, . , , RECORD S44-655

PUBLIC SAFETY (B-95-016/1&2)

Increase Revenue/Expenditure: Appropriates monies for the

Emergency Management Preparedness and Assistance Trust Fund

competitive grant program as approved on 9/6/94. ^^$51,900 344-656

r— - '

^^^ ^fglU^ e^-6^ $73,500 S44-657

/ / RECORD

PUBLIC SERVICES (B-95-017/1&2)

Item Transfers: Closes certain capital projects which are now

completed as indicated in the Project Status Report dated 9/30/94.

^•<- . $37,460 S44-658

$10,007 S44-659

RECORD


(B-95-018)

Item Transfers: Closes the Local Road Resurfacing 91-93 project as

identified in the Project Status Reports dated 9/30/94.

$41,718

RECORD S44-660

(B-95-019)

Item Transfers: Closes Countywide Bridges 91-93 project as

indicated in the Project Status Reports dated 9/30/94. $1,593

RECORD S44-661

(B-95-020)

Item Transfers: Closes the Treatment Plant Expansion Project which

was completed during the previous fiscal year as indicated in the

Project Status Reports. $5,744

., - , RECORD S44-662

(B-95-021)

Item Transfers: Closes Transmission Water Main 10-inch 91-93 as

indicated in the Project Status Reports dated 9/30/94. $7,493

RECORD S44-663

(End Consent Agenda)

HISTORICAL COMMISSION

Fred Loveland, Community Services Director, stated four vacancies will

exist on the Historical Commission as of January 1, 1995, due to the

expiring terms of Annie dark. Bud Greer, Chris Hayo and Jan Hunsader.

He presented names of individuals to fill the terms beginning January 1,

1995 to January 1, 1999:

Nick Baden Floyd Boone Polly Markey Margaret Moore

Motion was made by Mrs. Hooper, seconded by Mr. Gause and carried

unanimously, to confirm the appointment of the individuals as presented.

SOLID WASTE ENGINEER/CONSULTANT

Vince Canna, Purchasing, reguested execution of an agreement for

professional engineering consulting services for solid waste and related

projects on an as-required basis with HDR Engineering. Inc. The

agreement is for a period of two years with two additional optional

terms of two years each.

Dan Gray, Public Services, stated the tasks to be performed under the

terms of the agreement are specifically related to landfill operations

and will include projects involving stormwater concerns, gas collection,

solid waste disposal options, site selection, site closure, traffic flow

and vehicular access to selected sites and other related issues.

Mr. McClash moved approval for the Chairman to execute the agreement

with HDR Engineering, Inc. Motion was seconded by Ms. Brown and carried

unanimously. RECORD S44-664

ANIMAL CONTROL: STERILIZATION PROGRAM

Vaughn Garbarek, Manager of Animal Control, stated the Humane Society

has proposed a two-year pilot program offering free sterilization of

animals that are reclaimed by owners after being impounded. Under this

program, the Humane Society and the County would contribute up to $6,000

each ($3,000/year) over the two-year period.

In order to implement the program, the following actions are necessary:

• Amendment to Ordinance 90-32 to allow use of public funds for

the sterilization of privately owned animals;

• Execution of an agreement with the Humane Society;

• Approval to negotiate an amendment to the County's veterinary

services contract with the Bradenton Small Animal Hospital.

Discussion: Use of public funds for private use; if it is in the

interest of public health, safety and welfare; funds were not allocated;

liability to owners of the animals; program to be optional; etc.

Motion was made by Mrs. Glass and seconded by Mrs. Harris, to direct

staff to schedule a public hearing to amend Ordinance 90-32. Motion

carried unanimously.

44/159

44/160


SLUDGE MANAGEMENT PLAN ,

Janet McAfee, Public Services, stated the Board authorized (3/29/94) the

consulting firm of Black & Veatch to develop a Countywide Sludge

Management Plan for the wastewater system.

Lynn Green and Doug Smith, representatives of Black & Veatch, provided

presentation sheets outlining concerns regarding Environmental

Protection Agency (EPA) regulatory compliance and other concerns. They

presented the County-wide Sludge Management Plan. RECORD S44-665

Discussion: Staff can prepare a Request For Proposal to solicit vendors

or seek a credible process in the private sector; information on

alternative methods; capital improvements budget; operating cost; net

benefit; etc.

Motion was made by Mrs. Glass to proceed with the short-term

recommendations (outlined in the Management Plan), and that further

research be done in terms of what is available beyond (outside of)

Manatee County and return in a work session for a full report. Motion

was seconded by Mr. McClash and carried unanimously.

Ms. Green distributed a pamphlet regarding the Recycling of Biosolids.

STATE ROAD 70 - JOINT PARTICIPATION AGREEMENT

Ms., McAfee presented for adoption

R-94-327 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,

MANATEE COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF A RIGHT-

OF-WAY AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION

FOR IMPROVEMENTS TO STATE ROAD 70 (5 3RD AVENUE).

and

Execution of a J.oint Project Agreement (JPA) with State of Florida

Department of Transportation (FDOT) for right-of-way acquisition

services and improvements to State Road 70 (US 301 to 1-75) , not to

exceed $7,200,000.

The agreement contains two concerns: 1) Paragraph 7. obligates the

County to convey to FDOT all required right-of-way by December 31, 1995;

and (2) Paragraph 15. a) allows FDOT to terminate the agreement at will.

Mitchell 0. Palmer, Assistant County Attorney, referred to his

memorandum (11/30/94) addressing the agreement, and stated his primary

objection is with Paragraph 15. He stated the introductory sentence

should be deleted; however, he noted that FDOT legal staff has advised

that the issue is nonnegotiable and the State Comptroller insists the

language, remain in the document. ,

Discussion: FDOT can choose "to delay construction and leave the County

with numerous right-of-way parcels for an uncertain period of time; SR

70 Improvement Project is in the Five-Year Transportation Improvement

Program; deadline date is unreasonable; multiple appraisers are working

on the project; contract with Post, Buckley (later in the meeting) is to

assist in acquisition at a faster pace; penalty if deadline is not met.

Motion was made by Mr. McClash to adopt Resolution R-94-327 authorizing

execution of a Joint Project and Right-of-Way Agreement with Florida

Department of Transportation for improvements to State Road 70. Motion

was seconded by Mrs. Hooper and carried unanimously. RECORD S44-666 O-C-E—DO /

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT FUNDING AGREEMENTS

Manatee Agricultural Reuse Supply (MARS) Project

Ms. McAfee presented and.recommended adoption of

R-94-330 *A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,

MANATEE COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF A

FUNDING AGREEMENT WITH THE SOUTHWEST FLORIDA WATER MANAGEMENT

DISTRICT (SWFWMD) FOR THE MANATEE AGRICULTURAL REUSE SUPPLY -

(MARS) PROJECT.


Ms. McAfee presented a revised agreement. She stated that changes are

necessary to the project funding figures of SWFWMD, the Basin Board and

Manatee County as shown on the agenda memorandum, and submitted a

revised phasing and funding proposal. The revised figures will be

modified at a later date to reflect application of Federal funding.

Motion was made by Mr. McClash to adopt Resolution R-94-330 authorizing

execution of a funding agreement with the Southwest Florida Water

Management District (on behalf of the Manasota Basin Board) for the

Manatee Agricultural Reuse Supply Project at a cost of $14,024,724, and

approval of the amounts as revised by staff at this meeting. Motion was

seconded by Mrs. Glass and carried unanimously. RECORD S44-668 S44-669

Reclaimed.Water Aquifer Storage and Recovery System Investigation

Ms. McAfee presented and recommended adoption of

R-94-329 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,

MANATEE COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF A FUNDING

AGREEMENT WITH THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT FOR

THE RECLAIMED WATER AQUIFER STORAGE AND RECOVERY SYSTEM

INVESTIGATION AT THE SOUTHWEST REGIONAL WASTEWATER TREATMENT

FACILITY.

(Cost of $800,000: SWFWMD - $162,500; Basin Board - $162,500;

County - $475,000).

Ms. McAfee presented a revised agreement reflecting changes recommended

by legal staff.

Mr. McClash moved adoption of Resolution R-94-329 authorizing execution

of a funding agreement with the Southwest Florida Water Management

District (on behalf of the Manasota Basin Board) for the Reclaimed Water

Aquifer Storage and Recovery System at the Southwest Regional Wastewater

Treatment Facility at a cost of $800,000. Motion was seconded by Mrs.

Glass and carried unanimously. RECORD S44-670 S44-671

SUNSHINE SKYWAY - LANDSCAPING MAINTENANCE

Harry Mendenhall, Transportation Systems Manager, submitted a request

from FDOT for the County to assume maintenance responsibility for the

landscaping and grounds on the Sunshine Skyway (I-275/SR 93A), from the

south toll both to the south end of the main span, and from the approach

area on the old route to the end of the old span/fishing pier. Annual

cost for contracting this landscaping maintenance is $150,000. FDOT

will enter into a Joint Project Agreement (JPA) to reimburse all costs

incurred except administrative services.

Discussion: Staff does not have the manpower or equipment to do the

job; reimbursement amount from FDOT not definite but would be worked out

in the JPA; County liability.

Motion was made by Mrs. Glass to leave the maintenance responsibility of

the Skyway landscaping to FDOT. Motion was seconded by Ms. Brown and

carried unanimously.

Manatee Side (South) Fishing Pier

Mr. McClash requested staff return with the status of the fishing pier

on the County (south) side and what improvements are proposed.

Mr. Stephens advised that the south side fishing pier has been closed

for improvements and is expected to open in approximately 18 months.

The design and amenities will resemble those on the north side, and it

will be one of the largest fishing piers in the country.

MULTI-WAY STOP SIGNS

Mr. Mendenhall stated that requests have been received for multi-way

stop sign installations at the following locations: 17th Avenue N.W. at

75th Street N.W.; isth Avenue East at 67th Street Court East; 36th

Avenue West at 43rd Street West; Harbor Road at Hillcrest Drive West;

Bayshore Gardens Parkway at Columbia and Dartmouth Drive; 5th Avenue

N.w. at 75th Street N.w.; 9th Avenue N.w. at 75th Street N.W.; and

Experimental Farm Road at Canal Road.

44/161

44/162


Based, upon a traffic volume and accident analysis, a multi-way stop is

not. .warranted and staff recommends denial of: 17th Avenue N.W./75th

Street N.W.; 18th Avenue East/67th Street Court East; 36th Avenue

West/43rd Street West; Harbor Road/Hillcrest Drive West; Bayshore

Gardens .Parkway/Columbia Drive and Dartmouth Drive.

s. • T The intersections of 5th Avenue N.W./75th Street N.W. and 9th Avenue

N.W./75th Street N.W. did not meet volume requirements for a multi-way

stop.,, , .However, both locations met warrants for traffic signal

installation. Staff has made preparation for a stop light at 9th/75th

as part of the 9th Avenue Improvement Project.

f

Inasmuch as the intersection of 5th/75th is adjacent to King Middle

School, it is staff's opinion that multi-way stops at 9th and 5th Avenue

N.W. are justifiable as interim measures until traffic signals are

installed, and staff recommends approval at these locations.

The intersection of Experimental Farm Road/Canal Road did not meet

minimum traffic volume requirements, however, due to existing conditions

at the site and severe site restriction, staff recommends a multi-way

stop in the interim until it can be incorporated into the improvements

at Canal Road.

Discussion followed.

Mrs. Harris requested staff bring back for discussion, the speed limit

on 60th Avenue and the speed limit/stop signs on Florida Boulevard.

(Depart Mrs. Glass)

Mr. Stephens expressed concern regarding reports given about streets

that do not meet warrants. He suggested future recommendations of staff

include the benefits as well as the effects on the community.

(Enter Mrs. Glass; Depart Mrs. Harris)

Motion was made by Mr. McClash to accept staff's recommendations.

Motion was seconded by Mrs. Hooper and carried 6 to 0.

STATE ROAD 70 - MYAKKA CITY TRAFFIC CONTROL MEASURES

As a result of an accident/fatality which occurred earlier this year on

SR 70 at the intersection of Myakka-Wauchula Road/Singletary Road,

Mr. Mendenhall advised that staff was directed (10/4/94) to investigate

with FDOT safer means of traffic control at the intersection.

Three alternatives (detailed in the staff report) were discussed:

.1, Add one additional yellow flashing beacon in each direction to

.„. , the intersection ahead of advance warning signs.

2. , .Install a regular traffic signal.

3. Construct a left-turn lane in both directions on SR 70 and

,. ,, install curbing on both roadways to control access points to

, meet current County and FDOT design standards.

Although it is the most expensive, staff recommended Alternative 3, and

requested authorization to proceed with preliminary plans and cost

estimates, for^consideration during next year's CIP, and a JPA with FDOT.

(Enter Mrs. Harris)

Discussion: , Least, expensive alternative; FDOT opposes Option 2;

intersection does not meet minimum traffic volume requirements for a

signal; FDOT is in favor of turn lane; Metropolitan Planning

Organization (MPO); to accelerate the project. County can opt to advance

funds through a JPA and be reimbursed.

Following discussion, motion was made by Mr. McClash for the Chairman to

send a letter to FDOT requesting they expedite the design and

installation of a traffic control signal (alternative 2) at this

intersection. Motion was seconded by Ms. Brown and carried unanimously.


BOND COUNSEL

H. Hamilton Rice, Jr., County Attorney, advised the Board interviewed

the firms of Greenberg, Traurig, et al, and Mudge, Rose, Guthrie,

Alexander and Ferdon, in relation to selection of new bond counsel. He

distributed a memorandum (12/2/94) advising of pending matters including

requests for Industrial Development Revenue Bond financing and the

contemplated sale of Manatee Memorial Hospital.

Inasmuch as Joe Carroll of Mudge, Rose has been the principal attorney

familiar with Manatee Memorial Hospital, Mr. Rice stated the Board may

wish to permit certain bond matters to remain with Mudge, Rose until

complete.

Discussion: Qualifications of the firms.

Motion was made by Mr. McClash that the firm of Greenberq. Traurig et al

be selected as primary bond counsel. Motion was seconded by Mrs. Glass.

Voting "Aye" were Mr. McClash, Mrs. Glass, Mrs. Harris, Mr. Stephens,

Mrs. Hooper and Ms. Brown. Voting "Nay" was Mr. Gause. Motion carried.

PENDING LITIGATION ASSESSMENT MEETING

A pending litigation assessment meeting with regard to Florida Power &

Light Company. Manatee Orimulsion Project Application. Case No. 94-

5675EPP was opened and continued to private session at 11:15 a.m. on

Friday, December 9, 1994.

Motion was made by Mrs. Glass, seconded by Mr. McClash and carried

unanimously, to continue the pending litigation meeting.

NOTE: Later in the meeting the County Attorney announced those who

would be present at the meeting.

DRAFT 1995 STATE LEGISLATIVE PROGRAM

Karen Jackson Sims, Department of Community Affairs Director, presented

the Draft 1995 State Legislative Program. Items addressed were:

Appeal on Annexation or Contraction (Eliminating statutory conflict

between Section 171.081, Florida Statutes, and Chapter 164, Florida

Statutes, on how annexation is handled.)

Tampa Bay Vessel Information and Positioning System (VIP8) (Funding

request from Agency on Bay Management)

Environmental Action Commission Special Act

Discussion: Sunsetting the EAC; evaluation process of the EAC Director.

It was the decision of the Board to hold a joint meeting with the EAC to

review staff recommendations before any direction is given. Also, as

requested, the Board will meet with the Legislative Delegation to review

what amendments are requested this session.

No-Wake Zone

Richard Bohnenberger, Mayor of Holmes Beach, stated the reason for

requesting consideration of this matter is to create uniformity among

the municipalities in defining the boundary limits of the no-wake zone.

Discussion: County has local law for water safety/activities in public

navigable waters; however, it does not apply to the incorporated

jurisdictions nor in Florida Intracoastal Waterways; territorial

jurisdiction; County's no-wake zone boundary limits.

A request will be made to the State for enforcement of a no-wake zone

100 yards past County shorelines and to lobby proper law enforcement

agencies for increased funding for public safety.

New Extension Service Office Building and 4-H Youth Livestock Arena

The Department of Agricultural and Natural Resources proposes to ask the

State to contribute $650,000 toward the construction of a new facility.

44/163

44/164


Transfer of State Roads to Counties

The Florida Transportation Commission proposes three options relating to

the functional classification of roadways and ownership criteria.

Options 1 and 2 would allow for adoption of rule/law to restrict State

funding to only certain roads meeting criteria and mandate the transfer

of State roads to the County and establish a new funding source. Option

3 would allow transfers only by mutual consent of all parties.

Discussion: Cost impact to County and municipalities; the MPO has

prepared a resolution addressing the matter.

Inclusion of Non-Fire Service Emergency Medical Technicians and

Paramedics in the Florida Retirement System

The Department of Public Safety proposes inclusion of non-fire service

Emergency Medical Technicians and paramedics in the Florida Retirement

System for special/high risk benefits. ^ ?

•. «

Discussion: Estimated cost impact to County; effect on other high-risk

employees;, determining a high-risk employee; difference in benefits; in

the future, indicate whether the cost will impact the taxpayer; Public

Safety Director will provide additional information on 12/15/94.

Landspreadinq of Domestic Wastewater Residuals

There being no objection from the Board, staff will move forward with

the changes as presented/proposed in the draft report.

Building Permits - State Requirements for Notice of Commencement, Filed

Applications

Mr. McClash requested George Devenport, Building Official, examine the

practices of other communities for inconsistency throughout the State.

Ms. Sims stated that staff will work with the County Attorney's office

on those items that do not have legislative language drafted and bring

back the.Program Report for final action. She advised that a public

meeting with the Legislative Delegation is tentatively .scheduled for

January 13 or 20, 1995.

Recess/Reconvene. All members present except Mrs. Hooper.

ORDINANCE 94-45: NO PARKING

Public hearing (Notice in The Bradenton Herald 11/17/94) was held to

consider

ORDINANCE 94-45 AN ORDINANCE OF MANATEE COUNTY, FLORIDA, AMENDING

ORDINANCE 92-52; REGULATING STOPPING, STANDING OR PARKING OF MOTOR

VEHICLES UPON 32ND AVENUE WEST AND ON CONNECTICUT AVENUE; ALL BEING

COU.N.TY MAINTAINED STREETS LOCATED WITHIN THE UNINCORPORATED AREA OF

MANATEE COUNTY, FLORIDA; PROVIDING DEFINITIONS; REQUIRING ERECTION

OF APPROPRIATE SIGNS; PROVIDING AN EFFECTIVE DATE.

32nd Avenue West (south side only) from 1st Street West to 3rd

Street West., .

Connecticut Avenue (both sides) from Ponderosa Pine, north to dead

end.

Motion was-made by Mrs. Glass, seconded by Mr. McClash and carried 6 to

0, to adopt Ordinance 94-45. RECORD S44-672

•» ' ^i.

ORDINANCE 94-46: SPEED LIMITS


consider - ....,,. . ,

ORDINANCE 94-46 AN ORDINANCE OF MANATEE COUNTY, FLORIDA, AMENDING

ORDINANCE 84-05; TO PROHIBIT THE TRAVEL OF VEHICLES AT SPEEDS IN

EXCESS OF.THE ESTABLISHED LIMIT ON GOTH AVENUE DRIVE EAST; AND ON

MURFIELD DRIVE EAST LOCATED IN PERIDIA SUBDIVISION; AND ON STREETS

LOCATED IN CATALINA SUBDIVISION; ALL BEING COUNTY MAINTAINED

STREETS LOCATED WITHIN THE UNINCORPORATED AREA OF MANATEE COUNTY,

FLORIDA; AND PROVIDING AN EFFECTIVE DATE.


60th Avenue Drive East from 5th Street East, west to the

dead end. 20 MPH

Murfield Drive East (Peridia Subdivision) from 45th Street East,

west to the dead end. 20 MPH

CATALINA SUBDIVISION

9th Avenue Drive Northwest from 76th Street Northwest to 78th

Street Court Northwest. 20 MPH

10th Avenue Northwest from 77th Street Northwest to 77th Street

Court Northwest. 20 MPH

10th Avenue Drive Northwest from 75th Street Northwest to 76th

Street Northwest 20 MPH

12th Avenue Northwest from 77th Street Northwest to 77th Street


13th,Avenue Northwest from 76th Street Northwest to 78th Street


76th Street Northwest from 9th Avenue Drive Northwest to 13th

Avenue Northwest 20 MPH

77th Street Northwest from 10th Avenue Northwest to 12th Avenue

Northwest. 20 MPH

77th Street Court Northwest from 9th Avenue Drive Northwest to 12th

Avenue Northwest. 20 MPH

78th Street Northwest from 9th Avenue Northwest to^13th Avenue

.Northwest. ''

20 MPH

(Enter Mrs.'Hobper)

Motion was made by Ms. Brown, seconded by Mrs. Glass and carried

unanimously, to adopt Ordinance 94-46. RECORD S44-673

STREET VACATION - ALOISE PARK SUBDIVISION

Public hearing (Notice in The Bradenton Herald 11/2,9/94) was held to

consider application 94-V-3 by James L. Schambers and adoption of

R-94-193-V A RESOLUTION VACATING A PORTION OF RIGHT-OF-WAY ON

67TH STREET COURT NORTHWEST IN ALOISE PARK SUBDIVISION (PLAT

BOOK 2, PAGE 136).

Jim Staples, Land Acquisition, stated the vacation will reduce the

building setback and allow for construction of a garage.

Motion was made by Mrs. Harris, seconded by Mrs. Hooper and carried

unanimously, to adopt Resolution R-94-193-V. RECORD S44-674

STREET VACATION - FAIRWAY LAKES AT PALM AIRE SUBDIVISION


consider application 94-V-6 by Fairway Lakes Joint Venture and adoption

of

R-94-257-V A RESOLUTION VACATING A PORTION OF RIGHT-OF-WAY ON

7 3RD AVENUE CIRCLE EAST IN FAIRWAY LAKES AT PALM AIRE

SUBDIVISION (PLAT BOOK 24, PAGES 153 THROUGH 158).

( Mr. Staples advised that the applicant obtained a building permit to

construct a single-family home. The floor plan was reversed during

construction causing the home to be nonconforming.

Jim Farr, representing Whitehall Development, requested approval.

Mrs. Hooper moved adoption of Resolution R-94-257-V to vacate a portion

of the right-of-way of 73rd Avenue Circle East. Motion was seconded by

Mr. Gause and carried unanimously. RECORD S44-675

PLAT VACATION - FAIR OAKS SUBDIVISION

Public hearing (Notice in The Bradenton Herald 11/2,9/94) was held to

consider application 94-V-7 by Bradenton Resort Motel Limited

Partnership and adoption of

R-94-258-V A RESOLUTION VACATING A PORTION OF FAIR OAKS

SUBDIVISION (PLAT BOOK 1, PAGE 171).

44/165

44/166


Mr. Staples stated the vacation will remove a portion of the underlying

plat and right-of-way of Fair Oaks Subdivision (55± acres), in order to

replat into a 74-lot subdivision to be known as Sugar Ridge.

i-

Nancy Vogelsong, resident to the west, expressed concern that this will

affect the child abuse center to the east. She found a mailed notice of

public, hearing in the ditch in front of her home, and stated the

Children's Service Center did not receive notice. She also questioned

stormwater runoff for the new development.

Discussion: The facility receives Children's Services funding, but it

is an independent agency; development is not approved at this time;

property has development rights but will be subject to regulations; etc.

Ed Krantzer, owner of Hidden Acres Citrus Farms, expressed concern that

vacation of 34th Avenue East will block access to his citrus operation.

Mr. Staples advised that 34th Avenue East will not be vacated.

Lynda Ackerman, Executive Director of Manatee Children's Services,

stated that the Center did not receive notice of public hearing, but

received information through Mrs. Vogelsong. She expressed willingness

to work with the County.

D. Turner Matthews, attorney for applicant, assured that notices were

mailed to all contiguous property owners.

Mr. McClash moved adoption of Resolution R-94-258-V to vacate a portion

of the plat of Fair Oaks Subdivision. Motion was seconded by

Mrs. Hooper and carried unanimously. RECORD S44-676

STREET VACATION - BALLENTINE MANOR SUBDIVI8ION/LONGBAY BOULEVARD

Public hearing (continued from 11/15/94) was held to consider

R-94-288-V A.RESOLUTION VACATING A PORTION OF RIGHT-OF-WAY ON

LONGBAY BOULEVARD IN BALLENTINE MANOR SUBDIVISION (PLAT BOOK

2, PAGE 136).

Mr. Staples stated an easement had not been received for the VanCong

property as the owner resides in France. He stated the Board can defer

action or adopt the resolution, but it cannot be recorded until the

original easement is received.

Discussion followed (continued from 11/15/94) as to the feasibility of

constructing a sidewalk within a portion of the area to be vacated.

M. Ferris, Fran Stern-Montagry, and Michael Rodrigue indicated support

of the.vacation..

Mr. Staples submitted three letters in opposition to the vacation.

Motion ^ Adopt R-94-288-V

Motion,was made by Mrs. Harris to adopt Resolution R-94-288-V to vacate

a portion of, the right-of-way of Longbay Boulevard contingent upon

receipt of "the final document (original easement) that is being sent

from France, .Motion was seconded by Mrs. Glass.

Mrs. Harris changed the words "contingent upon receipt" in the motion to

read "to be effective upon receipt." The seconder agreed. Voting "Aye"

were Mrs. Harris, Mrs. Glass, Mrs. Hooper and Ms. Brown. Voting "Nay"

were Mr. Stephens,,Mr. McClash and Mr. Gause. Motion carried. »

. .,,.,. . RECORD S44-677

Motion:- Sidewalk.Funding

Motion was made, by Mrs. Harris that the issue of sidewalk funding for

Longbay Boulevard and surrounding neighborhoods be brought back during

1996 budget considerations. Motion was seconded by Mrs. Glass. Voting

"Aye" were Mrs. Harris, Mrs. Glass, Mrs. Hooper and Ms. Brown. Voting

"Nay" were Mr. Stephens, Mr. McClash and Mr. Gause. Motion carried.


UNIFORM METHOD FOR COLLECTING NON-AD VALOREM ASSESSMENTS

Public hearing (Notices in The Bradenton Herald 11/4, 11, 18, & 25,

1994) was opened to consider

R-94-290 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF

MANATEE COUNTY, FLORIDA, PROVIDING THE INTENT OF THE BOARD TO USE

THE UNIFORM METHOD FOR COLLECTING NON-AD VALOREM ASSESSMENTS FOR

ROAD PAVING, SANITARY SEWER, STORMWATER, STREET LIGHTING, CANAL

DREDGING, DRAINAGE IMPROVEMENT, AND LANDSCAPE BEAUTIFICATION

PROJECTS AUTHORIZED PURSUANT TO CHAPTER 197, FLORIDA STATUTES;

STATING THE NEED FOR THE LEVY OF NON-AD VALOREM ASSESSMENTS,

INCLUDING A LEGAL DESCRIPTION OF THE BOUNDARIES OF THE REAL

PROPERTY SUBJECT TO THE LEVY, AND PROVIDING AN EFFECTIVE DATE.

Road..Assessments Including Paving and/or Paving and Drainage -

Projects:

• 5023 - John Wesley Park including 67th Avenue East, 66th Avenue

, Drive East, 16th Street Court East, and 19th Street East.

• 5069 - l5th, 16th, l7th, and l8th Streets West

• 5082 - 54th Avenue Drive West

• 5129 - Memphis Road

• 5155 - 45th Street East

• 5252 - 44th Avenue East

•,5256 - Rexrode Road and River Road

Sewer Assessments Including Installation of Sanitary Sewer -

Projects:

• 5149 - Sunkist Acres/l5th Avenue Drive East, Palmetto

• 5875 - 60th Avenue West

• 5876 - 51st Avenue East

• 8604 - Lychee Acres including 40th Avenue East, 41st Avenue East,

43rd Avenue East, and 57th Street East.

Road and sewer Assessments to Include Paving and/or, Paving and

Drainage and Installation of Sanitary Sewer - Projects:

• 5067 and 301-5067 - Marlita Subdivision including 76th Street

West, 42nd Avenue West, and 43rd Avenue West.

• 5128 and 301-5128 - Tropical Shores including Tropical Drive,

Pine Street, llth Avenue East, 12th Avenue East, 32nd Street

East, and Hubbel City Road.

• 5144'and 301-5144 - Riverdale Subdivision

Canal Dredging:

• Bryn Mawr (Bayshore Gardens - Section 4)

• Highland Shores Subdivision

• Alford Vowells Riverview Subdivision

• Bay Colony also known as Palmetto Skyway Replat Subdivision

• Riverdale Revised Subdivision

• Sunny Shores Subdivision

Street Lighting and/or Landscaping and/or Irrigation and/or Lake

Maintenance;

• Holiday Heights

• Pine Meadow Subdivision

• Cortez Gardens

Security:

• Whitfield Avenue (Palm Aire Area)

Stormwater;

• All unincorporated areas in Manatee County

Drainage

• Manatee Valley Drainage (former Manatee Valley Drainage District)

• Meadow Lakes East

PREVIOUSLY LEVIED ASSESSMENTS BEING AMORTIZED OVER A NUMBER OF

YEARS

Road Assessments Including Paving and/or Paving and Drainage -

Projects;

• 5074 - Winter Gardens including 64th Avenue East, 5th Street

East, 64th Avenue Drive East, and 65th Avenue East.

• 5075 - 2lst Street West including 24th Avenue West and

27th Avenue Boulevard West.

• 5120 - Caloosa Drive

• 5121 - 59th Avenue Drive West

• 5147 - Samoset

• 5148 - Oneco

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• 5150 - Palmetto Country Club Estates including 3rd Avenue

Boulevard East, 3rd Avenue Drive East, 4th Avenue Boulevard East,

40th Street East, 41st Street Boulevard East, and 43rd Street

East.

• 5165 - 24th Avenue East, Palmetto

• 5189 - 47th Street West

• 5190 - G. N. Breeze Subdivision including 7th Avenue Northwest,

8th Avenue Northwest, and 58th Street Northwest.

• 5191 - 58th Street Northwest/Citrus Acres Subdivision

• 5193 - Fogarty Subdivision including 2nd Avenue West, 4th Avenue

West, and 36th Street West.

• 5197 - Fort Earner Road/Old Tampa Road

• 5199 - 39th Street East

• 5254 - El Way/Winter Gardens Subdivision

Sewer Assessments Including Installation of Sanitary Sewer -

Projects:

• 410-2502 - Palmetto Point

• 410-2502 - Bay Colony Section at Palmetto Point

• 301-2509 - Tallevast Industrial Park

• 410-8601 - Woodlawn Lakes Subdivision

Road and Sewer Assessments Including Paving and/or Paving and

Drainage and the Installation of Sanitary Sewer - Projects:

• 5151 - Linger Lodge including Linger Lodge Road, 85th Street

Court East, and 71st Avenue Drive East.

• 301-5151 - Linger Lodge including 84th Street Court East, Linger

Lodge Road, and 71st Avenue Drive East.

• 5152 and 410-5152 - Washington Park

Canal Dredging:

• Palma Sola and San Remo Shores

PREVIOUSLY LEVIED ASSESSMENTS BEING COLLECTED FOR MORE THAN ONE

YEAR

Street Lighting:

• Cape Vista Subdivision

• Gulf & Bay Estates Subdivision

• Rubonia, Being a Resubdivision of Plat of East Terra Ceia

• Pic-Town

Landscaping:

• Whitfield Avenue (Palm Aire Area)

Ms. McAfee recommended the public hearing be continued to December 15,

1994, in order to correct errors in the document.

Mrs. Glass moved approval (to continue to 12/15/94 at 9:00 a.m.).

Motion was seconded by Mrs. Hooper and carried unanimously.

CHILDREN^ SERVICES FUNDING AGREEMENT

Following comments, motion was made by Mrs. Harris and seconded by

Mrs. Glass, authorizing execution of Fiscal Year 1995 Children's

Services Funding Agreement with Manatee County School Board for the

infants and Toddlers Program (10/1/94-9/30/95), $91,368. Voting "Aye"

were Mrs. Harris, Mrs. Glass, Mrs. Hooper and Ms. Brown. Voting "Nay"

were Mr. McClash, Mr. Stephens and Mr. Gause. Motion carried.

RECORD S44-678

PARKS AND RECREATION - POLICY AND FEE SCHEDULE

Following response by Dan Hopkins, Parks and Recreation Director, to

questions, motion was made by Mr. McClash, seconded by Mr. Gause and

carried unanimously, to adopt

^SC/ft^-0 '^R-94-300 A RESOLUTION RESCINDING RESOLUTION R-94-200 AND

hitr A-95'-/^ AMENDING THE PARKS AND RECREATION POLICY AND FEE SCHEDULE FOR v P/C/95 THE MANATEE COUNTY DEPARTMENT OF PARKS AND RECREATION AND

PROVIDING AN EFFECTIVE DATE. RECORD S44-679

f\

GOLF COURSE FEE STRUCTURE - RESOLUTION R-94-317 (Cont'd)

Mr. McClash questioned why the Special Event Tournament fees were

increased from $2,520 to $3,000 in Resolution R-94-317 (adopted

earlier). He also stated that concerns have surfaced in the community

regarding tournament policy, i.e., limiting certain times of the year,

and up-front deposits, which have created a hardship on not-for-profit

organizations. He requested staff bring back a more reasonable policy.


Mr. Hopkins stated the $3,000 figure was a typographical error. He

advised'that incorporated into the fee structure are blocked tee times,

which will be made available to smaller tournaments at a reduced rate.

Mr. McClash moved to reconsider Resolution R-94-317. Motion was

seconded by Mrs. Hooper and carried unanimously.

Motion was made by Mr. McClash, seconded by Mrs. Hooper and carried

unanimously, to adopt Resolution R-94-317 as amended to reflect a $2,520

tournament fee. RECORD S44-680

SHERIFF - VEHICLE DONATION

As to approval for the Parks and Recreation Department to accept a

donation of a surplus vehicle (Asset 31748) from the Sheriffs Office

for use by a part-time staff person stationed at Rye Wilderness,

Mr. Gause questioned the source of maintenance and fuel funding.

Mr. Seuffert stated that a resolution should have been prepared to

authorize disposition/donation of the property. He recommended the

matter be pulled and brought back.

Motion was made by Mr. Gause to remove this item from the agenda and

bring back at a later date with the appropriate documentation. Motion

was seconded by Mr. McClash and carried unanimously.

PROFESSIONAL SERVICES - SOILS AND MATERIALS TESTING

Rob Cuthbert, Purchasing Director, submitted Addendum 4 to the agreement

with Professional Services Industries, Inc., to provide soils and

materials testing services, which extends the agreement 120 days.

Following discussion, motion was made by Mr. Gause to execute Addendum

4 with Professional Services Industries. Inc.. to provide soils and

materials testing services for miscellaneous projects on as-required

basis, for an additional period of 120 calendar days (12/20/94-5/8/95),

for an increase of $125,000, and a revised total not to exceed $825,000.

Motion was seconded by Mr. McClash and carried unanimously. RECORD S44-681

PROCESSING WOOD/YARD WASTES

Mr. Cuthbert recommended issuance of Change Order 6 to Purchase Order

97345 for wood/yard waste processing services with Kenetech Resource

Recovery, Inc.. (10/1/94-9/30/95) $587,000, and adjusted contract amount

Of $2,324,330.44.

Discussion: Present rate; cost impact; original cost estimate to

contractor; annual projections; go out for bid for less expensive

vendor; this is a five-year contract; County should assume the services;

examine the entire process; staff to perform analysis on the most cost

effective way to handle wood/yard waste and come back with a plan; etc.

Motion was made by Mr. Gause to approve the recommendation. Motion was

seconded by Mr. McClash and carried unanimously.

PROPERTY APPRAISER - INTERIM OFFICE SPACE - FIRST UNION BANK BUILDING

Mr. Seuffert stated a request (11/22/94) from Charles Hackney, Property

Appraiser, for interim office space during renovations at the Courthouse

Annex raised questions about the status of renovations to the Courthouse

Annex and of the First Union Bank building, if purchased.

Courthouse Annex Design/Renovation

Mr. Seuffert stated Work Assignment 1 to Agreement for office space

development with Fawley Bryant Architects. Inc.. for $119,891, provides

a broader scope of design services than needed. Staff would like to

further define the design services, reduce the scope, and come back with

a less expensive proposal.

First Union Bank Building

An offer to purchase the building for $1,227,151 was made. A counter¬

offer of $1,650,000 was received December 2 from the owner's

representative. Staff will continue to negotiate a successful purchase

price unless directed otherwise.

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Discussion: Cannot proceed with work assignment with Fawley Bryant;

Courthouse Annex property is habitable; Tax Collector still occupies a

portion of the Annex; additional cost if staff remains on the property

during renovations; Mr. Hackney wants his staff out of the building

while it is being renovated; rental space at the Plaza Del Rio on

Riverfront Boulevard; a Board member should sit in on the negotiations

for the First Union Bank building.

Motion was made by Mrs. Glass, and seconded by Mr. Gause, to allow the

Chairman to attend the negotiation process to purchase the First Union

Bank building.

Mr. Rice advised that any meetings with the seller will be subject to

advertisement and opened to the public if the Chairman is granted

authority to act as representative of the Board.

Following comments by Mr. Rice, motion was withdrawn.

Sam Love, Facilities Management Director, stated moving the Property

Appraiser is time sensitive because of the tax roll production.

Greg Pennington, Property Appraisers office, stated that relocating

after January 1 may be impossible because of the schedule under which

the office will be functioning.

Disposition: Mr. Seuffert and Mr. Stephens to meet with the Property

Appraiser to determine space needs, and return with a determination as

to whether his staff should remain in the building during renovations or

relocate. The Tax Collector will be invited to the discussions.

STATE ROAD 70 - RIGHT-OF-WAY ACQUISITION SERVICES (Cont^d)

Mr. Seuffert distributed replacement pages 15-30, addressing

indemnification by FDOT, to the contract with Post. Buckley. Schuh &

Jerniqan. Inc.. (deleted earlier in the meeting) to provide right-of-way

acquisition services for the SR 70 roadway project (from US 301 to I-

75), not to exceed $422,843.

Motion was made by Mr. McClash to authorize execution of the contract as

amended. Motion was seconded by Ms. Brown and carried unanimously.

RECORD S44-682

TRAVEL AUTHORIZATION

Motion was made by Mr. McClash, seconded by Ms. Brown and carried

unanimously, to approve/ratify/confirro request for authority for

Mr. Gause to travel to Okeechobee, Florida, on December 5, 1994, to

attend the SR 70 Task Force meeting,

COMMISSIONERS^ COMMENTS

Health Insurance Claims

Mr. Gause stated he has received several complaints on the length of

time it takes to get health insurance claims processed/paid.

Disposition: Referred to Mr. Seuffert.

New Department Heads

Mr. Gause stated that prospective department heads and their credentials

should be presented to the Board before being hired. He was advised

that the Board only..confirms the employment of department heads.

Mobile Homeowners^ Insurance

Ms. Brown asked that.the County Administrator prepare a resolution to

send to the Insurance Commissioner opposing increases in insurance rates

for mobile.homes.

. s

Courthouse Vagrancy/Security

Mrs. Glass reported on the unhealthy and unsafe conditions at the

Courthouse and surrounding buildings. She requested the Sheriff meet

with Mayor Evers to address increased security measures downtown and

particularly around government buildings.

Disposition: Mr. Seuffert to schedule the meeting.


Administrative Center - After-hours Security

Mrs. Harris requested Commissioners and department heads be provided

with procedures regarding escort security from the building after hours.

Disposition: Mr. Scuffert to circulate the written procedure.

G. T. Bray Tennis Court Hours

Mr. McClash received correspondence (from Manohar Rao) regarding use of

the clay tennis courts at 4 p.m.

Disposition: Parks and Recreation Director to investigate.

MEETING ADJOURNED

There being no further business, the meeting was adjourned.

Attest: .. i, APPROVED:

^ Cl.erk

Adj ^ 3:3&'p.m.

/all.-

"o^ <j€^> /Lt-i^_

Chairman^//-7/9-5

.!"•. ' *'?

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