Manatee County Commission Results, 7-26-2011

BRADENTON -- BOARD OF COUNTY COMMISSIONERS PORT AUTHORITY CIVIC CENTER AUTHORITY COMMUNITY REDEVELOPMENT AGENCY MANATEE COUNTY, FLORIDA

AGENDA AND NOTICE OF PUBLIC MEETING

AWARDS/PRESENTATIONS/PROCLAMATIONS

AWARDS

1. July Employee of the Month – Present award to Randy Siebert, Building Supervisor, Property Management

Department

2. Employee Suggestion Award – Present “Award of Recognition” to Judy Mullen, Librarian II, Neighborhood Services Department, for her suggestion on reducing costs by revising the Library’s Gift Book Receipt procedures

PRESENTATIONS

3. Building Official of the Year – Recognize Manatee County Building Official C.J. Dupre for being named

Building Official of the Year by the Gulf Coast Chapter of the Building Officials Association of Florida

4. Toastmasters – Present certificates to employees for exceptional achievements in the Toastmasters International Communication and Leadership Program: Sage Kamiya, Rossina Leider, Jerson Lopez, Mary Moeller, Stephanie Moreland, Simone Peterson, Kelli Polanski, Phyllis Strong, Sharon Tarman, and Olga Wolanin

PROCLAMATION

5. World Breastfeeding Week – August 1-7, 2011

CLERK OF CIRCUIT COURT

• Clerk’s Consent Calendar: Approval

Carol Whitmore, District 6 At-Large, Chairman

John R. Chappie, District 3, 1st Vice-Chairman; Larry Bustle, District 1, 2nd Vice-Chairman; Michael Gallen, District 2, 3rd Vice-Chairman Robin DiSabatino, District 4; Donna G. Hayes, District 5; Joe McClash, District 7 At-Large

9:00 a.m. REGULAR MEETING July 26, 2011

CONSENT AGENDA

THE FOLLOWING ITEMS ARE DETERMINED TO BE ROUTINE IN NATURE AND SHOULD BE CONSIDERED IN A SINGLE MOTION. ITEMS DETERMINED TO WARRANT INDIVIDUAL DISCUSSION SHOULD BE REMOVED FROM THIS LIST PRIOR TO THE MOTION TO ADOPT. SUCH ITEMS SHOULD BE DISCUSSED SEPARATELY.Agenda – July 26, 2011 Page 2

Previous to the vote on the consent agenda items 11, 39 and 41 were pulled then later voted on after clarity was presented. All were approved unanimously as was the COMPLETE  CONSENT AGENDA

ADMINISTRATOR

6. Recess Agenda – Accept actions taken under authority of Resolution R-09-161 during the period June 22-July 25,

2011

Attorney

• 44th Avenue East (U.S. 41 to 15th Street East) – Execute and record Subordination of Utility Interests and

Agreement for Reimbursement of Additional Facility Relocations with Florida Power & Light Company

Community Services

• Refund – Authorize refund to Florida Department of Transportation for expenses totaling $1,219.65 for

expenses that were not charged to the DUI Grant Program but were inadvertently reimbursed

• Alzheimer’s Disease Initiative – Execute Amendment 2 to agreement with West Central Florida Area

Agency on Aging, Inc.

• Community Care for the Elderly - Execute Amendment 3 to agreement with West Central Florida Area

Agency on Aging, Inc.

• Justice Assistance Grant (JAG) – Execute Certification of Participation with Florida Department of Law

Enforcement (FDLE) for Manatee County to serve as coordinating unit of government for the Edward Byrne

Memorial JAG Program

• Justice Assistance Grant (JAG) – Adopt Resolution R-11-158 authorizing submission and acceptance of

Edward Byrne Memorial JAG from FDLE, execute all necessary documents related to grant submission and acceptance, authorize Community Services director or designee to execute documents in connection with administrative functions of the JAG; sign letter to FDLE approving allocation of federal grant funds

Financial Management

• University Parkway Resurfacing – Authorize County Administrator or designee to execute Change Order 2

to P0101736 with Superior Asphalt, Inc., decreasing contract to $1,978,866.65 and adding 133 calendar days

to contract time

Natural Resources

• Robinson Preserve – Execute Cooperative Agreement with U.S. Fish and Wildlife Services for restoration

activities at Robinson Preserve

ATTORNEY

7. Dispute Resolution (The Bearded Clam) – Authorize County Attorney’s Office and County Administrator,

through designated staff, to attend mediation and dispute resolution process regarding Ordinance 98-03(P)(R)

8. Workers Compensation Claim – Authorize County Attorney’s Office, Division of Risk Management, to settle

claim of Trisha L. Pratt v. Manatee County

BUILDING AND DEVELOPMENT SERVICES

9. Final Plat: Central Park, Subphase C-ba – Approve, execute, and record

COMMUNITY SERVICES

10. Specialty License Plate Fund – Authorize Chairman to sign Annual Choose Life Specialty License Plate report

for FY 2010-2011, execute general fund agreements with Family Creation, Inc., Manasota SOLVE, Inc.,

Kimberly Home, Inc., and Carenet Manasota, Inc., and adopt Budget Resolution B-11-062*

FINANCIAL MANAGEMENT

11. Bennett Park – Authorize County Administrator or designee to execute Change Order 3 to agreement with

Holland Construction Corporation for increase of $481,373.46 and extension of 63 days to construction schedule -- Vote temporally pulled to get clarity on Tree Trust Fund's position.

12. Budget Amendment Resolution – Adopt Budget Resolution B-11-063

13. Impact Fee Credit (Cooper Creek Office Campus) – Execute Credit Authorization CA-09-01(T), and Final

Authorization of Road Impact Fee Credit to Dick Road-Blend-All Hotel Development, Inc., Walden Avenue- Blend-All-Hotel Development, Inc., & WR-I Associates, Ltd., for eligible right of way dedication per Credit Authorization CA-09-01(T)

14. Impact Fee Credit (University Park Center) – Execute Final Authorization of Road Impact Fee Credit to Tramlaw, LLC, for eligible right of way dedication per Credit Authorization CA-08-01(T)

INFORMATION TECHNOLOGY

15. 2010 Inventory – Accept removal of depreciated assets from IT inventory valued at $6,377.75 NEIGHBORHOOD SERVICES

16. Economic Development Incentive (EDI) Grant – Adopt Resolution R-11-163 finding that “Project Violet” is

approved as a qualified applicant and providing matching funds as a local participant in the Qualified Target Industry Tax Refund Program

Carol Whitmore, District 6 At-Large, Chairman

John R. Chappie, District 3, 1st Vice-Chairman; Larry Bustle, District 1, 2nd Vice-Chairman; Michael Gallen, District 2, 3rd Vice-Chairman Robin DiSabatino, District 4; Donna G. Hayes, District 5; Joe McClash, District 7 At-Large

Agenda – July 26, 2011 Page 3

17. Economic Development Incentive (EDI) Grant – Adopt Resolution R-11-164 finding that “Project Camellia” is approved for an EDI grant to be paid over a five year period

18. Economic Development Incentive (EDI) Grant – Adopt Resolution R-11-165 finding that “Project Sharp” is approved for an EDI grant and a Transportation Impact Fee Incentive to be paid over a five year period

19. Economic Development Incentive (EDI) Grant – Adopt Resolution R-11-168, rescinding R-11-096, to correct payout schedule and finding that “Project Logic” is approved as a qualified applicant and providing matching funds as a local participant in the QTI tax refund program

20. Local Qualified Target Industry (QTI) Program – Adopt Resolution R-11-166, rescinding R-10-246, to correct payout schedule and finding that “Project Gold” is approved as a qualified applicant and providing matching funds as a local participant in the QTI tax refund program

21. Local Qualified Target Industry (QTI) Program – Adopt Resolution R-11-167, rescinding R-11-010, to correct payout schedule and finding that “Project Heart” is approved as a qualified applicant and providing matching funds as a local participant in the QTI tax refund program

22. Residential Construction Mitigation Program (RCMP) – Execute the RCMP state-funded subgrant agreement with the State of Florida, Division of Emergency Management

PROPERTY MANAGEMENT

23. 15th Street East @51st Avenue East Road Project (Parcel 108) – Execute Contract for Purchase of a Warranty

Deed from Casa Restauracion Salem

24. 15th Street East @51st Avenue East Road Project (Parcel 109) – Execute Contract for Purchase of a Warranty

Deed from John M. Walls

25. 15th Street East @51st Avenue East Road Project (Parcel 111, 112, 113) – Accept and record Warranty Deed

from Robert W. and Mary F. Flanders; Affidavit of Ownership and Encumbrances

26. 15th Street East @51st Avenue East Road Project (Parcel 117) – Execute Contract for Purchase of a Warranty

Deed from John L. Legault

27. 15th Street East @51st Avenue East Road Project (Parcel 806/706) – Execute Contract for Purchase of a Right

of Way Easement and Temporary Construction Easement from Pioneer Park, LLC

28. 15th Street East @51st Avenue East Road Project (Parcel 801/701) – Execute Contract for Purchase of a Right

of Way Easement and Temporary Construction Easement from Ali F. and Fatma S. Arin

29. 24th Street East, Bradenton – Accept Special Warranty Deed from AP Bradenton Limited Partnership conveying

a stormwater retention site and additional right of way*

30. 44th Avenue East Road Project (Parcel 149) – Execute Contract for Sale and Purchase of a Warranty Deed from

Manasota Industrial Park Associates, LLC

31. Hidden River Trail – Accept and record Utility Easement from Lakewood Ranch Community Development

District 5; Affidavit of Ownership

32. Pine Avenue, Anna Maria – Accept and record Utility Easement from TOPAZFISH LLC and WHITEFISH

LLC; Affidavit of Ownership and Encumbrances

33. Wares Creek Stormwater Improvement Project (Parcel E105A) – Execute Contract for Sale and Purchase for

a Warranty Deed and Access and Maintenance Easement from Christopher Costantino, Ralph Costantino and

Donnatta Costantino-Lewenhaupt

34. Wares Creek Stormwater Improvement Project (Parcel E128) – Accept and record Warranty Deed and

Access and Maintenance Easement from Benjamin and Lisa Shives; Affidavit of Ownership and Encumbrances;

Disclaimer; Partial Release

35. Whitfield Estates Subdivision – Execute Contract for Sale and Purchase of a Utility Easement from Melav LLC

for easement required for replacement of a force main along U.S. 41

PUBLIC SAFETY

36. Uncollectable EMS Accounts – Adopt Resolution R-11-159 to remove uncollectible accounts for ambulance

services totaling $212,747.21

PUBLIC WORKS

37. Street Lighting Municipal Service Benefit Unit (MSBU) – Authorize setting of public hearing on August 23,

2011, to consider creating a street lighting MSBU for Washington Gardens in Palmetto

38. Surplus Equipment – Adopt Resolutions R-11-161 and R-11-162 authorizing donations to Manatee United Methodist Church and Pinellas County, and classify property which is uneconomical to upgrade or repair as

surplus per Florida Statute §274.05 to enable appropriate and authorized disposition, and authorize disposal

39. Surplus Vehicles - Classify vehicles which are uneconomical to operate as surplus per Florida Statute §274.05 to

enable appropriate and authorized disposition, and authorize disposal. -- Vote was to donate 1 of three Animal Shelter vehicles to Gulf Shore Animal League. 

Carol Whitmore, District 6 At-Large, Chairman

John R. Chappie, District 3, 1st Vice-Chairman; Larry Bustle, District 1, 2nd Vice-Chairman; Michael Gallen, District 2, 3rd Vice-Chairman Robin DiSabatino, District 4; Donna G. Hayes, District 5; Joe McClash, District 7 At-Large

Agenda – July 26, 2011

Page 4

UTILITIES

40. Fee Waivers – Waive service fees that were assessed to utility customer accounts for returned bank items. REPORTS

41. Dashboard Reports – Accept into the record the Dashboard Report for month of June 2011 -- Pulled to clarify time line of Dashboard Reports as to whether the clock starts at time 911 call is taken or to when Emergency Services responds to the call from 911 services. Approved as presented but for county to note all times for their own record 

RECOMMENDED MOTION: I MOVE TO APPROVE THE CONSENT AGENDA INCORPORATING THE LANGUAGE AS STATED IN THE RECOMMENDED MOTIONS IN THE AGENDA MEMORANDA (AS MAY HAVE BEEN AMENDED IN THE SUPPLEMENTAL AGENDA). 

(END CONSENT)

CITIZEN COMMENTS

COMMENTS SHOULD BE LIMITED TO TWO MINUTES PER PERSON

AND SHOULD CONCERN BUSINESS WHICH MAY, IF APPROPRIATE, BE PLACED ON A FUTURE AGENDA.

MANATEE COUNTY PORT AUTHORITY LARRY BUSTLE, CHAIRMAN

JOHN R. CHAPPIE, FIRST VICE-CHAIRMAN CAROL WHITMORE, SECOND VICE-CHAIRMAN

THE CONSENT AND REGULAR AGENDA ITEMS FOR ANY PORT AUTHORITY MEETING ARE SET FORTH IN THE PORT AUTHORITY MEETING AGENDA MATERIALS NOTEBOOK. PORT STAFF ASSUMES RESPONSIBILITY FOR DISTRIBUTION OF THE AGENDA FOR THE PORT AUTHORITY MEETING AND HAS COPIES OF THE AGENDA AVAILABLE PRIOR TO AND AT THE COMMENCEMENT OF THE PORT AUTHORITY MEETING

NOTHING SCHEDULED

CONSENT AGENDA -- 

42. Minutes for Approval: March 29, April 12, 2011

43. Antique Show – Authorize Executive Director or designee to execute license agreement 31-172 with the Service

Club of Manatee County for show at Manatee Convention and Civic Center on February 17-19, 2012

44. Musical Event - Authorize Executive Director or designee to execute license agreement 31-181 with Manatee

Symphony Association for event at Crosley Estate on January 17, 2012

45. Photo Shoot – Authorize Executive Director or designee to execute license agreement 31-192 with Pageantry,

Talent and Entertainment Service, Inc., for event at Crosley Estate on August 27-September 2, 2011

NOTHING SCHEDULED

ADVISORY BOARD/COMMITTEE APPOINTMENTS

NOTHING SCHEDULED

MANATEE COUNTY CIVIC CENTER AUTHORITY JOE MCCLASH, CHAIRMAN

MICHAEL GALLEN, FIRST VICE-CHAIRMAN DONNA G. HAYES, SECOND VICE-CHAIRMAN

RECOMMENDED MOTION: I MOVE TO APPROVE THE CIVIC CENTER CONSENT AGENDA INCORPORATING THE LANGUAGE AS STATED IN THE RECOMMENDED MOTIONS IN THE AGENDA MEMORANDA (AS MAY HAVE BEEN AMENDED IN THE SUPPLEMENTAL AGENDA).

(END CIVIC CENTER CONSENT)

MANATEE COUNTY COMMUNITY REDEVELOPMENT AGENCY

ROBIN DISABATINO, CHAIRMAN MICHAEL GALLEN, FIRST VICE-CHAIRMAN

Carol Whitmore, District 6 At-Large, Chairman

John R. Chappie, District 3, 1st Vice-Chairman; Larry Bustle, District 1, 2nd Vice-Chairman; Michael Gallen, District 2, 3rd Vice-Chairman Robin DiSabatino, District 4; Donna G. Hayes, District 5; Joe McClash, District 7 At-Large

Agenda – July 26, 2011

Page 5

ADVERTISED PUBLIC HEARINGS

9:00 a.m. or as soon thereafter as same may be heard

SWEARING IN OF STAFF AND PUBLIC WHO WILL GIVE TESTIMONY

PRESENTATIONS UPON REQUEST - ITEMS 46-47

BUILDING AND DEVELOPMENT SERVICES

46. Ordinance 11-18 Parrish Lakes DRI #28 (TBRPC DRI #269)

Lisa Barrett, Planning Manager (To be continued to October 6, 2011) Request: Approval of a new Development of Regional Impact to allow: Continued until October 6 2011. No comments were allowed.

a. 3,300 residential units;

b. 400,000 square feet of retail; and

c. 50,000 square feet of office.

The applicant also requests approval of a Land Use Equivalency Matrix (LUEM) to allow conversion between various approved uses, within specific ranges.

This DRI is proposed in two phases; Phase 1 which includes 1,500 residential units and 250,000 s.f. of retail, with a buildout date of 2020, and Phase 2, which includes 1,800 residential units, 150,000 s.f. of retail and 50,000 s.f. of office, with a buildout date of 2030. Specific approval is requested for both Phases 1 and 2.

The Parrish Lakes DRI is located generally south of Moccasin Wallow Road and north of Erie Road, approximately 1 mile east of I-75. The adopted Future Land Use is Mixed Use (MU) and the current zoning is A (General Agriculture), A-1 (Suburban Agriculture) and A/NCO (General Agriculture/North Central Overlay District) (+ 1,155 acres).

PUBLIC WORKS

47. Ordinance 11-28 No Parking 

Adopt Ordinance 11-28 instituting and creating an additional no stopping, standing, or parking zone to include 119th Street West and Harbour Landings Drive* Approved unanimous--no comments

REGULAR AGENDA

NOTHING SCHEDULED

REPORTS

NOTHING SCHEDULED

ADMINISTRATION/COMMISSION COMMENTS

ADJOURN

* Documents have been reviewed by County Attorney's Office

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

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

PUBLIC NOTICE: According to Florida Statutes, Section 286.0105, any person desiring to appeal any decision made by the Board of County Commissioners (or the other entities that are meeting) with respect to any matter considered at said public hearing/meeting will need a record of the proceedings, and for such purposes may need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is to be based.

Prepared/Revised on 7/21/2011

Carol Whitmore, District 6 At-Large, Chairman

John R. Chappie, District 3, 1st Vice-Chairman; Larry Bustle, District 1, 2nd Vice-Chairman; Michael Gallen, District 2, 3rd Vice-Chairman Robin DiSabatino, District 4; Donna G. Hayes, District 5; Joe McClash, District 7 At-Large