SEPTEMBER 11. 1990

SEPTEMBER 11. 1990

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

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

Bradenton, Florida, Tuesday, September 11, 1990, at 9:14 a.m.

Present were Commissioners:

Kathy A. Snell, Vice-chairman

Maxine M. Hooper, Chairman Pro Tern

Kent G. Chetlain

Patricia M. Glass, Chairman, entered during the meeting

Edward W. Chance entered during the meeting

Also present were:

August V. Ell is. County Administrator

H. Hamilton Rice, Jr., County Attorney

Susan G. French, Deputy Clerk, representing

R. B. Shore, Clerk of Circuit Court

Representatives of the various news media were present.

Invocation by Reverend Father Frank M. Kirlangitis, St. Barbara Greek

Orthodox Church.

The meeting was called to order by Vice-chairman Snell.

All witnesses/staff giving testimony were duly sworn.

MERITORIOUS SERVICE AWARD

A Meritorious Service Award was presented to Walter Piff, Fleet

Services Manager, for his service as Acting Purchasing Director,

Purchasing Division, Central Services Department, from October 14,

1989, to September 7, 1990.

PROCLAMATIONS

Emergency Medical Services Week

Upon motion by Mrs. Hooper and second by Mr. Chetlain, a Proclamation

was unanimously adopted designating September 16-22, 1990, as

"Emergency Medical Services Week".

RECORD S40-344

(Enter Mr. Chance)

Industry Appreciation Week

Upon motion by Mrs. Hooper and second by Mr. Chance, a Proclamation

was unanimously adopted designating September 17-21, 1990, as

"Industry Appreciation Week".

RECORD S40-345

CONSENT AGENDA

Upon motion by Mr. Chetlain and second by Mrs. Hooper, the Consent

Agenda dated September 11, 1990, was unanimously approved after

deletion of R-90-161(A) regarding future street lighting on State

highway system (separate action). Items APPROVED included:

COUNTY ADMINISTRATOR

ADMINISTRATIVE CENTER - JANITORIAL SERVICES

Authorization to issue Change Order No. 1 to Blanket Purchase

Order 90974 to National Building Maintenance. Inc.. additional

$97,500; extend contract for one year (through 9/9/91).

SURPLUS PAPER

Contract with Aurora Cellulose Corp.. on a unit price basis of

$85/ton for computer paper and $40/ton for mixed high-grade

office paper.

RECORD S40-346

CENTRAL SERVICES

1. High Velocity Combination Sewer Cleaner - Award Bid 905039 to

lowest responsive, responsible bidder meeting specifications,

Municipal Sales & Leasing. Inc., $123,612.15.

2W

SEPTEMBER 11, 1990 (Cont'd)

2. Automated Fuel Dispensing System - Sole source purchase for

annual maintenance from Trak Engineering. Inc.. $11,751 (10/18/90

to 10/17/91).

ASBESTOS HAZ2ARD SURVEY/MONITORING PROGRAM (COUNTY BUILDINGS)

Reassignment of contract responsibility from Hunter Services.

Inc., to Reynolds. Smith and Hills. Inc.

FEE WAIVER - BUFFALO CREEK GOLF COURSE

Waive green fees for the United Way Golf Tournament. October 17,

1990, at Buffalo Creek Golf Course, sponsored by Public Works.

BEACH RESTORATION PROJECTS

1. Dunes/Walkovers - Adoption of

R-90-160 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS

OF THE COUNTY OF MANATEE, FLORIDA, AUTHORIZING AN

APPLICATION FOR FUNDS FROM THE STATE OF FLORIDA BEACH

EROSION CONTROL ASSISTANCE PROGRAM FOR THE RESTORATION OF

DUNES AND CONSTRUCTION OF WALKOVERS.

($300,000 State/$100,000 County funds)

2. Anna Maria Beach Restoration - Amendment

Contract with Florida Department of Natural

RECORD S40-347

to Economic Study

Resources to allow

for a six-month extension.

TRAFFIC FLOW

RECORD S40-348

ORDINANCE 90-68,

Set public hearing to adopt Ordinance 90-68, allowing bi¬

directional traffic flow on 5th Street Circle East and rescinding

Ordinance 88-36.

ORDINANCE 90-69, ONE-WAY STREETS

Set public hearing to adopt Ordinance 90-69, designating 14th

Street and 1st Avenue, Palmetto, as one-way streets.

ROAD ASSESSMENT PROJECTS

1. John Wesley Park Subdivision (67th Avenue East) - Set public

hearings to proceed with road assessment improvements.

2. Calloosa Drive (Snead Island) - Set public hearings to proceed

with road assessment improvements.

DEEDS & EASEMENTS

1. Willis Road - Warranty Deed from Southeastern Guide Dogs. Inc.;

Affidavit of Ownership/Encumbrances from Harris Silverman. M.D..

for right-of-way required for development of a Training Center.

2. 34th Street West - Drainage Easement, Temporary Construction

Easement, and Affidavit of Ownership/Encumbrances from William P.

& Esther S. Mims for additional right-of-way.

ZONING - DRI 12, CIRCLE N BAR/UNNAMED EXCLUSIVE COUNTRY CLUB

Set public hearing date (1/22/91 at 1:30 p.m.) for consideration

of DRI 12, Unnamed Exclusive Country Club (aka Circle N Bar).

PORT MANATEE STOCKADE EXPANSION - PROGRESS PAYMENTS

1. Payment No. 2 to Walrus Construction. $63,135, for Inmate

Property Storage Building.

2. Payment No. -5 to International Systems^ Inc.,, $536,672.

CLERK OF CIRCUIT COURT

BONDS

Accepts

Sheriffs Public Deputies Blanket Bond (26 Additions; 15 Deletions)

RECORD S40-349

BILLS FOR PAYMENT

Fields, et al - MC v Hobbs v Frizzell

Florida Federal v MC

Carlton

ii

et al

11 ii

" - Manatee Memorial Hospital

" - Sim Smith v MC

" - MC v National Casualty

" - Royster Appeal

Marine One v MC

Sim Smith v MC

Landers & Parsons - Sarasota-Manatee Airport Authority

Dickenson, O'Riorden, et al - C/Code Brd of Appeals v Perry

Bush, Ross, et al

11 11

$ 7,350.00

45.58

2,682.36

1,696.13

61.32

19,533.37

32.25

1,924.95

248.50

893.45

Municipal Code Corp

Carter Goble Assoc •

" " - MC v Royster Phosphate 10,242.77

" " - Corns v MC 588.70

- Supplement 18 to Code of Ordinances 994.47

Jail Planning Consulting Svcs 8,772.50

SEPTEMBER 11. 1990 (cont'd)

Larson Engineering

Enrichment Systems •

Wetherington Constr

Pmt 9 - N County Port Manatee

Lift Sta/Force Mains Suppi Svs 4,717.83

Pmt 10 - N Cty Port Sewer Constr Svs 1,260.52

Pmt 10 - Transit: Demand Analysis;

Svs/Cap Acq Plans; Funding Recom 2,604.70

- Pmt 1 - Metal Bidg - Buffalo

Creek Golf Course 23,400.00

REFUNDS

Bette Scott - Animal Cage 20.00

Estate of Walter Andrews - EMS Overpayment 161.40

Frieda Davis - EMS Overpayment 118.80

Hope Gillert - EMS Overpayment 71.32

Evelyn Wassenaar - EMS Overpayment 18.51

William Morrello - EMS Overpayment 36.80

Lawrence Linger - EMS Overpayment 6.00

Estate of Grace Read - EMS Overpayment 136.24

Dennis Hardin - EMS Overpayment 108.46

Terry King - EMS Overpayment 140.00

Twyla Dexter - EMS Overpayment 39.00

Velma Brown - EMS Overpayment 25.00

Charles Hinz - EMS Overpayment 131.00

Alphouse DeFabrizio - EMS Overpayment 21.92

Estate of Alvin Fluff - EMS Overpayment 161.40

Elsie Bump - EMS Overpayment 171.00

Lillian Cebula - EMS Overpayment 100.00

Estate of Harper Glezen - EMS Overpayment 168.60

Mary Roche - EMS Overpayment 175.80

John Kemp - EMS Overpayment 107.80

Ray Hubl - EMS Overpayment 197.10

Jacob Harrison - EMS Overpayment 148.00

Elizabeth Carroll - EMS Overpayment 63.40

Louise Wilber - EMS Overpayment 66.68

Bob Taylor - EMS Overpayment 198.00

Albert Hobart - EMS Overpayment 107.80

Estate of Edward Kachala - EMS Overpayment 161.40

John Sheaffer - EMS Overpayment 163.80

Marian I. Davis - P&R Balance of Golf Playbook #8031 12.65

RESCIND (Scriveners Error)

Refund (appr 7/17/90) to Gulf land Homes for Plumbing Permit 45.00

WARRANT LIST

Approve: September 4, 1990 to September 10, 1990

Authorize: September 11, 1990 to September 17, 1990

AUTHORIZE CHAIRMAN TO SIGN

Partial Release of Special Improvement Assessment Liens: Proj 5017

Contract with CEM Enterprises dba Sunshine Painting - Drainage

Structure Rehabilitation, $57,777; Performance & Payment Bonds

(Hartford Fire Insurance Company, Surety); Power of Attorney (appr

8/21/90)

RECORD S40-350

APPROVE, RATIFY & CONFIRM

P&R Special Interest Classes Instructor's Agreements:

Alex Bizauskas - Line Dancing S40-351

Sarah V. Klein - Infant Massage S40-352

Jane Simpson - Pom Pons and Baton S40-353

Jan DeSario - Basketry S40-354

Lisa Terry Bowsher - Young Actors Studio; Non-Actors

Acting Wkshp S40-355

Donna M. Birdsall - Massage Made Simple; Applied Nutrition;

Massage: Intensive Communication through Touch S40-356

Boon Brown - Sun Arts Fighting System S40-357

Lisa M. Gallo - Just Jazz (Beginner; Intermediate) S40-358

Rod Demers - Guitar Instruction S40-359

RECORD

FINANCIAL MANAGEMENT

MYAKKA CITY FIRE CONTROL DISTRICT

Approval of Amendment to Fiscal Year 1989-90 Budget.

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BUDGET AMENDMENTS

Adoption of Budget Amendment Resolutions amending the 1990-91

budget to provide for the receipt and appropriation of

unanticipated revenues, revenues anticipated but not received,

and item transfers:

VARIOUS (B-91-013)

Increase Revenue/Expenditures

Highway Fund; Library Fund; Unincorporated MSTU;

Health Dept Construction Fund; General Health Care/

Reserve for Salary Adj; Transfers; Health Dept

VARIOUS (B-91-014)

Decrease Revenue/Expenditures

General Fund/Reserve for Contingency

VARIOUS (B-91-015)

Item Transfers: Various; Reserve for Contingency

TO Reserve for Salary Adj; Probation; Various

$609,375

RECORD S40-360

(End Consent Agenda)

$9,375

RECORD S40-361

$296,809

RECORD S40-362

STREET LIGHTING

Tim Spence, Public Works Deputy Director, addressed location and

funding of future street lighting to be installed by the Florida

Department of Transportation (FDOT) on various segments of the State

highway system.

He stated the lighting will be on U.S. Business 41 between Cortez Road

and 26th Avenue West and on Cortez Road between 1st Street East and

28th Street West. The estimated annual operational cost of $10,000

will begin in 1994.

William Trefz, District Secretary, FDOT, stated they would investigate

the possibility of accelerating the project.

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

unanimously, to adopt

R-90-16KA) A RESOLUTION OF THE BOARD OF COUNTY

COMMISSIONERS OF MANATEE COUNTY, FLORIDA, TO ACCEPT

RESPONSIBILITY FOR THE OPERATION AND MAINTENANCE OF

FUTURE STREET LIGHTING TO BE INSTALLED ON VARIOUS

SEGMENTS OF THE STATE HIGHWAY SYSTEM BY THE FLORIDA

DEPARTMENT OF TRANSPORTATION.

and authorize the Chairman to sign letter of transmittal to FDOT.

RECORD S40-363

ADMINISTRATIVE CENTER - COMMUNITY REDEVELOPMENT REVENUE REFUNDING BONDS

Jim Seuffert, Office of Financial Management Director, submitted

Resolution R-90-167 authorizing Series 1990, Community Redevelopment

Revenue Refunding Bonds. He stated this will allow refinancing of the

debt incurred for .the Administration Center at a lower interest rate.

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



OF MANATEE COUNTY, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT

EXCEEDING $22,500,000 MANATEE COUNTY, FLORIDA, COMMUNITY

REDEVELOPMENT REVENUE REFUNDING BONDS (ADMINISTRATION CENTER

PROJECT), SERIES 1990, FOR THE PURPOSE OF REFUNDING THE

COUNTY'S OUTSTANDING COMMUNITY REDEVELOPMENT REVENUE BONDS

(ADMINISTRATION CENTER PROJECT), SERIES 1987 BI-MODAL MULTI-

TERM FORMAT (BMrF)^ MODE A BONDS, SUB-SERIES ONE, COMMUNITY

REDEVELOPMENT REVENUE BONDS (ADMINISTRATION CENTER PROJECT),

SERIES 1987 BI-MODAL MULTI-TERM FORMAT (BMTF)31" MODE A

BONDS, SUB-SERIES TWO, COMMUNITY REDEVELOPMENT REVENUE BONDS

SEPTEMBER 11. 1990 (Cont'd)

(ADMINISTRATION CENTER PROJECT), SERIES 1987 BI-MODAL MULTI-

TERM FORMAT (BMTF)31" MODE A BONDS, SUB-SERIES THREE,

COMMUNITY REDEVELOPMENT REVENUE BONDS (ADMINISTRATION CENTER

PROJECT), SERIES 1987 BI-MODAL MULTI-TERM FORMAT (BMTF)8111

MODE A BONDS, SUB-SERIES FOUR, AND COMMUNITY REDEVELOPMENT

REVENUE BONDS (ADMINISTRATION CENTER PROJECT), SERIES 1987

BI-MODAL MULTI-TERM FORMAT (BMTF)3111 MODE A BONDS, SUB-SERIES

FIVE; DEEMING AS PAID THE COUNTY'S OUTSTANDING FIXED RATE

DISBURSEMENT BOND, SERIES ONE, FIXED RATE DISBURSEMENT BOND,

SERIES TWO, FIXED RATE DISBURSEMENT BOND, SERIES THREE,

FIXED RATE DISBURSEMENT BOND, SERIES FOUR, AND FIXED RATE

DISBURSEMENT BOND, SERIES FIVE, PROVIDING FOR THE TERMS AND

PAYMENT OF SUCH BONDS; PROVIDING FOR THE RIGHTS, SECURITY

AND REMEDIES OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS

AND . AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR

CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING

FOR AN EFFECTIVE DATE.

RECQRDS40-364

DOWNTOWN CENTER FOR CHILDREN, INC.

Frederick J. Loveland, Community Services Department Director,

requested consideration of provision of in-kind services for

development of the Downtown Center for Children. Inc.. in the form of

renovation of building interior, plant materials and labor for

landscaping purposes, and waiver of landfill tipping fees.

Dot Ridings, President of the Board for the Downtown Center for

Children, advised that the Center is a new, not-for-profit facility in

east Bradenton. She stated two buildings are leased and anticipated

opening is early 1991. A minimum of 20 percent of the available

openings will be reserved for children who are Title XX eligible.

Bernie Crogran, Vice President for Development, reviewed the floor

plans and submitted estimated construction costs, etc.

The matter was deferred one week to allow the County Attorney an

opportunity to review the request.

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

(Court Reporter Debbie Ervin present)

ZONING

Public hearing (continued from 8/30/90) was opened to consider

90-8-06(P) ESPLANADE ON THE BAY - P/PLAT (APPROVED)

Request: Preliminary Subdivision Plat to allow 37 lots at a

density of 1.52 du/acre and grant Special Approval to a project

located almost entirely within the Coastal High Hazard area on

38.6 acres located at the southwest corner of El Conquistador

Parkway and 47th Street West.

Planning Commission recommended DENIAL.

If approved, staff recommended 28 stipulations.

RECORD S40-365|

Karen Jackson-Sims, Planning and Zoning Director, reported that

following the August 30, 1990, meeting staff met with the applicant to

resolve remaining inconsistencies with the Comprehensive Plan and the

Land Development Code (LDC). The plat has been revised in response to

concerns expressed.

She stated the applicant amended the plat to provide a slightly

larger, more viable, representative tract of the native upland

communities consistent with the Comprehensive Plan. Staff's opinion

is that the redesigned lakes will better insure the remaining upland

area is preserved, and that the existing trees in these areas should

be saved. The applicant agreed to restrict the fill on the site to

lessen the possibility of degradation to Sarasota Bay. Staff finds

that the project, as redesigned and stipulated, meets standards of the

LDC and Comprehensive Plan.

2^Z


Rick Ploughe, representing the applicant, stated the applicant is in

agreement with all 28 stipulations; he outlined the revised/added

stipulations.

Katherine Fernald, President of Manatee Save-Our-Bays, questioned

whether there have been any violations on site and addressed density.

Gloria Rains, representing Manasota 88, spoke in opposition.

Based upon the staff report, evidence presented and comments/made at

the public hearing, and finding the request to be consistent with the

Manatee County Comprehensive Plan and the Manatee County Comprehensive

Zoning and Land Development Code, Mr. Chance moved to approve

Preliminary Plat No. 90-S-06(P), subject to Stipulations 1 through 28,

as recommended by staff. Motion was seconded by Mrs. Hooper and

carried unanimously.

BUILDING CODES

Public hearings (Notices in The Bradenton

8/3/90 and 8/10/90) were opened to consider

RECORD S40-366

Herald 7/20/90, 7/27/90,

ORDINANCE 90-23 AN ORDINANCE OF THE BOARD OF COUNTY

COMMISSIONERS OF MANATEE COUNTY, FLORIDA, ADOPTING THE

MANATEE COUNTY PLUMBING CODE; REPEALING THE EXISTING MANATEE

COUNTY PLUMBING CODE, RESOLUTION R-87-21; PROVIDING FOR

PERIODIC REVIEW THEREOF; PROVIDING FOR SEVERABILITY AND

PROVIDING AN EFFECTIVE DATE.



MANATEE COUNTY BUILDING CODE; REPEALING THE EXISTING MANATEE

COUNTY BUILDING CODE, RESOLUTION R-87-23; PROVIDING FOR

PERIODIC REVIEW THEREOF; PROVIDING FOR SEVERABILITY AND




MANATEE COUNTY MECHANICAL CODE; REPEALING THE EXISTING

MANATEE COUNTY MECHANICAL CODE, RESOLUTION R-87-22;

PROVIDING FOR PERIODIC REVIEW THEREOF; PROVIDING FOR

SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.



MANATEE COUNTY ELECTRICAL CODE; REPEALING THE EXISTING

MANATEE COUNTY '

ELECTRICAL CODE, RESOLUTION R-87-50;

PROVIDING FOR PERIODIC REVIEW THEREOF; PROVIDING FOR

SEVERABILITY ,AND PROVIDING AN EFFECTIVE DATE.

Motion was made by Mr. Chetlain, seconded by Mrs.

unanimously, to continue the public hearings on

Hooper and carried

Ordinances 90-23,

90-37, 90-38, and 90-39, to October 23, 1990, at 10:00 a.m. or as soon

thereafter as same may be heard.

CITIZEN COMMENTS

Styrofoam Containers

Katherine Fernald requested that Commissioners not use styrofoam

containers during Board meetings as they are not biodegradable.

Pollution Control Division

Referencing a recent article in The Bradenton Herald, Ms. Fernald,

representing Manatee Save-Our-Bays, requested the Board not dissolve

the Pollution Control Division.

Handicapped Accessibility Building Standards

Dixie Grubbs, Handicapped Advocacy Council, requested assistance in

addressing recent State law usurping County powers regarding

handicapped concerns.

Disposition: To be placed on future agenda.

SEPTEMBER 11, 1990 (Cont^d)

Project iClean Coast

Larry Smith, Director of Wildlife Rescue Service of Florida, reported

that a recent project, "Project Clean Coast", was very successful; he

requested consideration of additional funding for this project.

Disposition: Referred to James Seuffert, Office of Financial

Management, for consideration at budget work session.

Impact Fees/Road & Sewer Assessments

Britt Grantham complained that impact fees and road and sewer

assessments were excessive.

Recess/Reconvene. All members present except Mrs. Glass and Mr. Chance.

DEPARTMENT OF TRANSPORTATION PROPOSED 5-YEAR IMPROVEMENT PROGRAM

William R. Trefz, District Secretary, Florida Department of

Transportation (DOT), presented a slide show summary of the DOT

Tentative . Five-Year ...Improvement Program for Fiscal Year 1989-90

through 1994-95. He reported that public transportation and

preservation (resurfacing, bridge repair, bridge replacement and

routine maintenance) were the main budget priorities.

He explained how transportation funds are distributed throughout the

State and the district. He stated that funds distributed to the

district, are based upon a formula of 50 percent of the population and

50 percent of amount of transportation tax revenue collected.

(Enter Mr. Chance)

He reviewed projected road/bridge improvements and distributed the DOT

1990 Transportation Recap.

PLANNING COMMISSION

Consideration was given to adoption of Resolution R-90-137 providing

for the reconstitution of the existing Planning Commission and

appointment of seven members (pursuant to Ordinance 90-1).

Nomination: Dickson Stauffer by Mr. Chetlain

Mr. Chance moved to close the nominations and cast a unanimous ballot

for Mr. Stauffer. Motion was seconded by Mr. Chetlain and carried

unanimously.

Nomination: Charles Hanson by Ms. Snell


for Mr. Hanson. Motion was seconded by Mrs. Hooper and carried

unanimously.

Nomination: Mary E. Sheppard by Mr. Chance


for Ms. Sheppard. Motion was seconded by Mrs. Hooper and carried

unanimously.

Nomination: Reverend Paul E. Christ - by Mrs. Hooper

Mrs. Hooper moved to close the nominations and cast a unanimous ballot

for Reverend Christ. Motion was seconded by Mrs. Hooper and carried

unanimously.

Nomination: E. H. "Woody" Williams - by Mr. Chance


for Mr. Williams. Motion was seconded by Mrs. Hooper and carried

unanimously.

Nominations: Theodora Young

Robert Lorentzen

by Mr. Chetlain

by Mr. Chance

Two votes were acknowledged for Ms. Young and two votes for

Mr. Lorentzen. Upon a second vote, one vote was acknowledged for

Ms. Young and three votes for Mr. Lorentzen.

213

214

SEPTEMBER 11, 1990 (cont'd)

Mr. Lorentzen was appointed by majority vote.

Nomination: Joseph W. Snyder - by Mr. Chetlain

Mr. Chetlain moved to close the nominations and cast a unanimous

ballot for Mr. Snyder. Motion was seconded by Mr. Chance and carried

unanimously.

Recommended terms were:

Mr. Stauffer

Mr. Lorentzen

Mr. Snyder

Mr. Hanson

Ms. Sheppard

Rev. Christ

Mr. Williams

Term to expire 10/14/91

" " " 10/14/92

" " " 10/14/92

n ii n

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10/14/93

10/14/93

10/14/94

10/14/94

Motion was made by Mr. Chance, seconded by Mrs.

unanimously, to approve the terms as recommended.

(Note: Resolution adopted later in the meeting.)

Hooper and carried

Mr. Chance moved that an appropriate thank-you letter be prepared for

the Chairman's signature to those who have shown an interest in

serving on the Planning Commission as well as those who have served in

the past. Motion was seconded by Mr. Chetlain and carried

unanimously.

HISTORIC PRESERVATION BOARD

Consideration was given to adoption of Resolution R-90-154 providing

for the appoint of seven members to the Historic Preservation Board

(pursuant to Ordinance 90-1).

Nomination: Margaret Moore by Mr. Chetlain

Motion was made by Mr. Chetlain to close the nominations and cast a

unanimous ballot for Ms. Moore. Motion was seconded by Mr. Chance and


Nomination: Linda Stevenson by Ms. Snell

Motion was made by Mrs. Hooper to close the nominations and cast a

unanimous ballot for Ms. Stevenson. Motion was seconded by

Mr. Chetlain and carried unanimously.

Nomination: Timothy A. Knowles - by Mr. Chetlain


unanimous ballot for Mr. Knowles. Motion was seconded by Mrs. Hooper

and carried unanimously.

Nomination: Leslie Paugh by Mrs. Hooper

Motion was made by Mrs. Hooper to close the nominations and cast a

unanimous ballot for Ms. Paugh. Motion was Seconded by Mr. Chance and


Nomination: Lt. Col. Warren Johnson by Mr. Chance

Motion was made by Mr. Chance to close the nominations and cast a

unanimous ballot for Col. Johnson. Motion was seconded by

Mr. Chetlain and-carried unanimously.

Nomination: Roberta Moore Cole - by Mr. Chetlain


unanimous ballot for Ms. Cole. Motion was seconded by Mrs. Hooper and


SEPTEMBER 11. 1990 (Cont^d)

Nomination: Alien G. Garner - by Ms. Snell


unanimous ballot for Mr. Garner. Motion was seconded by Mr. Chance

and carried unanimously.

Recommended terms were:

Ms. Paugh

Col. Johnson

Ms. Cole

Ms. Moore

Ms. Stevenson

Mr. Knowles

Mr. Garner

Term to expire 10/14/91

" " " 10/14/92

" " 10/14/92

ii ii

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10/14/93

10/14/93

10/14/94

10/14/94

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

unanimously, to approve the terms as recommended.

(Note: Resolution adopted later in meeting.)

COMMISSIONERS^ COMMENTS

Bay Colony/Participation Project

Mr. Chetlain relayed request to continue the public hearing regarding

Bay Colony Participation Project to a later date so that seasonal

residents may be present.

(Enter Mrs. Glass, presiding)

Warner^s Bayou/Participation Project

Mr. Chetlain relayed request from Sara Tomberlin for a reduction in

her assessment for the Warner^s Bayou Participation Project.

Property Appraisals/Tax Assessments

Mrs. Glass recommended establishment of a method whereby property

assessments are increased in small increments every year, rather than

larger increments every few years.

Disposition: Work session to be scheduled with Property Appraiser.

State Mandates

Mrs. Hooper relayed request from Levy County to join in objecting to

State mandates without provisions for funding.

Disposition: To be placed on future agenda.

Zoning Regulations

Discussion was held regarding complaints relating to delays/difficulty

in obtaining approval of zoning matters (final site plans, etc.).

Tampa Port Authority

Mrs. Glass reported that she visited the Tampa Port Authority

(regarding the recent agreement between the Tampa Port Authority and

Tampa Bay International Terminals, Inc., which includes a non¬

competition provision with Eller and Company, Inc., prohibiting the

handling of cargo and stevedore work at Port Manatee by Eller and

Company, Inc.). She requested a letter of appreciation and an

invitation to Manatee County be prepared for the Port Authority

Chairman's signature.

Recess/Reconvene. All members present except Mr. Chetlain and Mrs. Hooper.

PLANNING COMMISSION/HISTORIC PRESERVATION BOARDS (CONT'D)

Motion was made by Ms. Snell, seconded by Mr. Chance and carried


R-90-137 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS

RECONSTITUTING THE MANATEE COUNTY PLANNING COMMISSION;


and

R-90-154 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS

APPOINTING SEVEN MEMBERS TO THE MANATEE COUNTY HISTORIC

PRESERVATION BOARD; PROVIDING AN EFFECTIVE DATE.

RECORD 540-36^

—————S40-36{

Recess/Reconvene. All members present except Mr. Chetlain.

^15

216


CHILDREN'S SERVICES TAX MILLAGE

Fred Loveland, Community

consideration of

Services Department Director, requested


OF MANATEE COUNTY, FLORIDA, ORDERING AND PROVIDING FOR THE

HOLDING OF A REFERENDUM IN MANATEE COUNTY, FLORIDA, ON THE

QUESTION OF A DEDICATED MILLAGE FOR FUNDING CHILDREN'S

SERVICES FOR ABUSED, NEGLECTED, AT-RISK AND ECONOMICALLY

DISADVANTAGED CHILDREN BY THE IMPOSITION OF AD VALOREM

PROPERTY TAX OF NOT LESS THAN ONE-TWENTIETH (1/20) OF A

MILLAGE POINT FOR 1991, INCREASING ANNUALLY TO NOT LESS THAN

ONE-THIRD (1/3) OF A MILLAGE POINT IN 1995; PROVIDING FOR

AUTHORIZATION OF AN AD VALOREM PROPERTY TAX UPON APPROVAL BY

QUALIFIED ELECTORS, AND PROVIDING AN EFFECTIVE DATE.

The Resolution provides for a referendum to be placed on the

November 6, 1990, ballot. The purpose of the dedicated millage is to

generate funds to supplement existing children's services.

Rose Carlson, General Manager of Paragon Cable, representing the

Manatee Community Council for Children (MCCC), stated the initial

millage would be set at 1/20 of a mill reaching a cap of 1/3 mill in

five years. She requested appropriation of $20,000 to fund a public

information program to educate and explain the referendum to voters,

as well as services of the Public Information Officer. Barbara

Brownell, representing the MCCC, responded to questions.

(Enter Mr. Chetlain)

The proposed millage is to provide for voids in existing services,

e.g., day-care for handicapped children, low-income day-care, therapy

for sexually abused children, therapeutic foster homes, after-school

transportation for school related activities, comprehensive latch-key

programs, teen activities and single-parent families.

It was recommended that the mill be capped at 1/3 at the end of five

years rather than 1/2.

Discussion: Include funding request for substance abuse program on

ballot; establish a Children's Services Advisory Board to provide

recommendations regarding funding; service provided by other programs;

cap on millage need; purpose is not to supplement existing programs.

Ashley Leonard, HOPE Family Services, responded to questions regarding

administering the program.

Recess/Reconvene. All members present.

Patricia McVoy, Assistant County Attorney, outlined recommended

changes to the Resolution:

Page 1 - Delete "not less than" from caption referencing 1/3 of a

millage point and from the second recital;

Page 1 - Delete the final phrase "and not exceeding one-half of a

millage point" from the second recital;

Page 2, Section 1 - Delete the entire last sentence and "not less

than" in reference to 1/3 millage point;

Page 2, Section 2 - Delete "not less than" from the first

sentence referencing the 1/3 millage point;

Page 4, Section 5 - Correct the word "advantages" to

"advantaged";

- Delete "not less than" referencing the 1/3 of

a mill;

- Delete "but not exceeding 1/2 of a millage

point in any year".

SEPTEMBER 11. 1990 (Cont'd)

Mr. Chetlain moved- to adopt Resolution R-90-169 authorizing a

referendum" -to be placed on the November 6th ballot calling for a

dedicated -tax mill'age to generate funds for enhancement to the

existing children's services delivery system in Manatee County, with

the changes as ^ noted by the County Attorney's office; and,

appropriation of $20,000 to fund a public information program to

educate and explain the referendum to voters. Motion was seconded by

Mrs. Hooper and carried unanimously.

(Note: Resolution corrected at Special Board Meeting 9/13/90.)

(Depart Mrs. Hooper)

ZONING

Public hearing (Notice in The Bradenton Herald 8/23/90) was opened to

consider

VRD-89-07 AMERIFIRST (MOTE RANCH) (CONTINUED)

Request: Vested Rights Determination from certain provisions of

The Manatee County Comprehensive Plan, Ordinance 89-01, adopted

May 15, 1989, (adopted May 11, effective May 15) as applied to

the development of Mote Ranch on 465 acres located 500 feet east

of Whitfield Avenue and 1.8 miles north of University Parkway.

Norman Luppino, Planning and Development, reviewed an illustration of

the conceptual development plan as submitted by the applicant. He

pointed out that the development includes a community center with a

boat launch. Also included in the development is Old Farm Road which

provides access to Whitfield Avenue and Honore Avenue which will

eventually link to 63rd Avenue East and University Parkway.

He stated that Phases 1 through 4 have Special Exception status to the

Comprehensive Plan; the applicant is seeking vested rights for all

provisions in the Plan that do not have Special Exception status.

He outlined four areas which the applicant indicates may not comply

with the Comprehensive Plan:

1. Conservation Element - Compliance with the Plan would affect the

stormwater management plan and wetland issues, specifically

addressing mitigation and buffering.

2. Water and Sewer - Compliance would require major modifications to

the existing utility line.

3. Transportation - The Plan would require a traffic study and

compliance with concurrency one phase sooner than originally

anticipated in the conceptual plan.

4. Recreational and Open Space - Changes in these requirements would

affect the remaining phases of the project.

Dawn Wolfe, Transportation Department, stated the proposed 24-foot

wide shell road, to be constructed in addition to Old Farm Road, is to

be maintained by the developer until such time as it is constructed to

County standards.

Steven Chase, attorney representing the applicant, was available to

answer questions.

Tom McCollom, Zoller, Najjar and Shroyer, stated the 38 stipulations

included with the conceptual approval constitute a more restrictive

Development Order than is required in the Comprehensive Plan.

He stated since the stipulations were approved in 1988, the design of

future phases of the project has proceeded in coordination with staff

to comply with those stipulations. It is uncertain if the project can

continue in its present form due to Comprehensive Plan requirements.

Mr. Luppino clarified that the recreational area and Phase 5, which

has preliminary approval, have been approved consistent with the

Comprehensive Plan.

Steve Shroyer, Zoller, Najjar and Shroyer, stated that certain areas

of the Plan may present problems, depending upon interpretation.

217

218


He addressed the Conservation Element. Regarding stormwater

treatment, the Plan encourages use of biological filtration; however,

he questioned whether another method of treatment which was used for

the project, and approved by the Southwest Florida Water Management

District (SWFWMD) as well as Planning staff, would be allowed.

Motion - Additional Time

Motion was made by Ms. Snell, seconded by Mr. Chetlain and carried

unanimously, to grant an additional 10 minutes.

Regarding new requirements pertaining to mitigation for lowering

groundwater, Mr. Shroyer stated approved detailed stonnwater plans

have been submitted.

He outlined the areas which have sewer and water installed, noting

that if they were required to comply with the Plan, it would be

necessary to redo certain gravity sewer lines.

Regarding the Transportation Element, he noted that Phase 5 of the

project was submitted sometime ago but would fall under the

concurrency requirement if vesting was not granted.

Mr. Chase reported (8/28/90 memo) they have incurred over $500,000 in

hard costs and over $5,000,000 in soft costs associated with the

phases that have not been approved. He stated they entered into a

good faith settlement negotiation that resulted in dismissal of a

lawsuit and the 38 stipulations for development.

Yvonne McDill, adjacent property owner, expressed concern regarding

mitigation and boat launch and recommended the developer be required

to comply with the Comprehensive Plan.

Mark Nelson, representing the City of Bradenton, objected to the

vested rights determination as it applies to the boat launch if it is

prohibited under the Comprehensive Plan.

(Depart Mr. Chetlain)

Discussion: Whether development can proceed under the Comprehensive

Plan; definition of hard/soft costs; whether drainage systems already

in place fall under special exception status; what has been invested

in undeveloped phases; roads already in place; designation for school

site; traffic studies required; SWFWMD permits approved to date; etc.

Copies of the SWFWMD permits approved to date were submitted.

Mark Barnebey, Assistant County Attorney, advised that he would submit

a report and a recommended determination at the next hearing.

Public comment portion of the hearing was closed.

Motion was made by Ms. Snell, seconded by Mr. Chance and carried

unanimously, to continue the public hearing on VRD-89-07 to

October 2, 1990, at 1:30 p.m.

MEETING ADJOURNED

There being no further business, the meeting was adjourned.

Attest: APPROVED:

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SEPTEMBER 11. 1990

Documents

Transcript of SEPTEMBER 11. 1990