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News Section: Local Government

Manatee County Commission Agenda Results: 2/28/2012

Published Wednesday, February 29, 2012 2:00 am

 BRADENTON -- At Tuesday's BOCC meeting, Robert Sullivan was appointed the new Planning Commissioner, replacing Marilyn Stasica who had resigned, while Michelle Kastner was appointed to fill a vacancy on the Manatee County Historical Commission. A Dollar General store in Myakka got approval, while an application for a new charter school was continued. Secondhand dealers and recyclers have a new ordinance to keep thieves at check. Commissioners can now vote from afar, but only two at a time. 





1. 2012 County Fair Committee – Present Certificates of Appreciation for service on the 2012 Manatee County

Fair Committee to: Tamie Langman, Chairman, Clayton Allen, Darin Cushing, Janice Dunbar-Smith, Will Reed, Kay Rogers, and Lynn Willis


2. Every Child A Reader Day – March 2, 2012


3. Clerk’s Consent Calendar: Approval




4. Dashboard Reports – Accept into the record the Dashboard Report for month of January 2012 ATTORNEY

5. Insurance Coverage – Approve renewal of Boiler & Machinery coverage ($49,426.86) and Crime coverage ($1,834.15) for a total of $51,261.01, and authorize County Attorney or designee to execute renewal documents







6. Fees – Adopt Resolution R-12-052 authorizing revised development review fees and charges effective March 1, 2012*

7. Fees – Adopt Resolution R-12-055 revising building permit, inspection, and other related fees effective March 1, 2012*

8. Fees – Adopt Resolution R-12-056 authorizing revised Building and Development Services Department miscellaneous fees and charges effective March 1, 2012*

9. Fees – Adopt Resolution R-12-057 authorizing revised contractor licensing, renewal, examination, and

administrative fees and charges for unincorporated Manatee County effective March 1, 2012

10. Final Plat: Country Club East at Lakewood Ranch – Approve, execute, and record

11. Final Plat: Riva Trace – Approve, execute, and record COMMUNITY SERVICES

12. Community Service Work – Rescind Resolution R-93-250 and authorize Probation Division to develop, in conjunction with the County Attorney’s Office, such forms and procedures as are necessary to ensure the County’s facilitation of community services assignments minimizes risk to the County as well as unnecessary costs to agencies providing community service work opportunities*


13. Manatee Program – Approve and authorize County Administrator to execute Reimbursement Agreement with

South Florida Museum and Bishop Planetarium, Inc., for purpose of funding care, feeding and maintenance

associated with a second manatee at the museum*


14. Beach Renourishment – Authorize County Administrator or designee to execute Addendum 11 to extend agreement with Coastal Planning and Engineering, Inc., for one year

15. Budget Amendment Resolution – Adopt Budget Resolution B-12-027

16. Historical Courthouse Façade Renovation – Authorize County Administrator or designee to execute Change Order 3 with Zirkelbach Construction, Inc., to provide additional services for the renovation and roof/window replacement for an increase of $46,610.33

17. Payment in Lieu of Taxes – Adopt Resolution R-12-059 confirming imposition and payment of the FY 2011- 2012 payments in lieu of taxes upon certain property owned by the County’s Utilities System

18. Properties with Delinquent Tax – Award RFQ 12-1080BS to the Herald Tribune Media Group for legal advertising for properties with delinquent tax at cost of $9,500, and authorize execution of notice of Board’s action to the Manatee County Tax Collector

19. Southwest Water Reclamation Facility – Award IFB 11-2873DC to Cardinal Contractors, Inc., in the amount of $1,191,600 for Bid “A” based on 330 calendar day completion, and to simultaneously execute contract, date theperformance/payment bonds, and accept the insurance certificates 




20. State Housing Initiative Partnership (SHIP) Foreclosure Process – Authorize County Attorney to bid on foreclosed properties when deemed appropriate and funded in part by Manatee County’s SHIP up to the amount of the county’s lien*




21. Fee Waiver – Authorize waiver of returned item service fees totaling $85

22. North Manatee Storm – Adopt Resolution R-12-009 authorizing construction of a combination building by North Manatee Storm, Inc., youth football league at Buffalo Creek Park, and authorize Chairman to execute associated license agreement*




23. 15th Street East at 51st Avenue East Road Project – Execute Contract for Sale and Purchase of a Right of Way Easement by New Spectrum, Inc., inclusive of attorney and expert fees

24. 66th Street West, Bradenton – Execute and record Easement to Florida Power & Light Company for installation and maintenance of an electrical power line to the facilities in the new utilities maintenance building located at 4700 66th Street West

25. 71st Avenue East, Palmetto – Accept and record Utility Easement from Regency Oaks Homeowners Association, Inc., Affidavit of Ownership and Encumbrances

26. Jim Davis Road, Parrish – Accept and record Conservation Easement from Jordan R. and Savitri N. Brandt, Affidavit of Ownership and Encumbrances Page 27. U.S. 301/Fort Hamer Road Intersection – Adopt Resolution R-12-037 authorizing Property Acquisition to conduct pre-suit negotiations and make written offers to purchase certain parcels, as defined in Exhibit A, required for the U.S. 301/Fort Hamer Road Intersection Improvement Project, before proceeding with eminent domain




28. Emergency Medical Service – Adopt Resolution R-12-054 revalidating Manatee County Emergency Medical Service enrollment with Medicare

29. Uncollectible EMS Accounts – Adopt Resolution R-12-058 to remove uncollectible accounts for ambulance services totaling $305,120.90




30. 44th Avenue East (U.S. 41 to 45th Street East) Roadway Project – Authorize Chairman to execute Facility Encroachment Agreement with CSX Railroad*

31. MPO Revised Funding Request – Authorize Chairman to execute a letter to Sarasota/Manatee MPO requesting revision to comments to the FDOT 5 Year Draft Tentative Work Program to shift the programmed $1.6 million Ellenton Gillette project funds available in FY 2016/2017 to the Manatee County's #7 priority, Advanced Traffic Management System (ATMS) project UTILITIES

32. Service Fee Waiver – Waive total of $635.78 in service fees assessed to utility customer accounts for returned bank items

33. Time Payment Agreements – Execute and release liens for satisfaction of time payment agreements

34. Time Payment Agreements – Execute and record time payment agreements for facility investment, connection and line extension fees

35. Tipping Fee Waiver – Waive tipping fees at the Lena Road Landfill for alternative daily cover material from the

Tallevast Road AECOM Project at no cost to the county


Consent Agenda -- Approved, Unanimous










36. Planning Commission – Appoint one person to the Planning Commission -- Robert Sullivan was elected with three votes -- Paul Steel got two, and Johnson got two votes also. Robert Sullivan is the new Planning Commissioner. As Commissioner Michael Gallen put it, "It is only right that we get someone who has environmental experience considering he is the replacement for Marilyn Stasica, who was the environmental commissioner." -- Approved, Unanimous 




37. Historical Commission – Confirm and appoint Michelle Kastner to the Manatee County Historical Commission as nominated by the Historical Commission to fill a vacant seat. -- Approved, Unanimous




38. Library Board – Accept Library Board of Trustee appointments by the Cities of Bradenton and Palmetto and appointment of a representative of the Island Communities. Barnabee, Bustle and ?






39. PDR-12-01(P) B&H Cattle Company/Charter School, USA

Quasi-Judicial (To be continued to March 13, 2012)

East side of U.S. 301 and west side of 30th Street East, approximately 1,809 feet south of 38th Avenue East, and 393 feet south of the proposed 44th Avenue East, at 4550 30th Street East, Bradenton --  Stephanie Moreland, Planner (DTS# 20120009) An Ordinance of the Board of County Commissioners of Manatee County, Florida, regarding land development, approving a Preliminary Site Plan for a 76,438 square foot Elementary and Middle Charter School with associated low intensity recreational uses on the east side of U.S. 301 and west side of 30th Street East, approximately 1,809 feet south of 38th Avenue East, and 393 feet south of the proposed 44th Avenue East, at 4550 30th Street East, Bradenton; subject to stipulations as conditions of approval; setting forth findings; providing for severability; providing a legal description, and providing an effective date. -- Continuation Approved Unanimous


40. PDC-11-15(Z)(P) R & R Properties, LLC/Myakka Dollar General Quasi-Judicial

South side of SR 70 East, approximately 1⁄4 mile west of Wauchula Road, at 36750 SR 70 East, Myakka. Stephanie Moreland, Planner. An Ordinance of the Board of County Commissioners of Manatee County, Florida, regarding land development, amending the official zoning atlas (Ordinance No. 90-01, the Manatee County Land Development Code) relating to zoning within the unincorporated area; providing for the rezoning of approximately 1.2 acres on the south side of S.R.70 East, approximately 1⁄4 mile west of Wauchula Road, at 36750 S.R.70 East Myakka; --  A lot of talk about safety. No sidewalk and no turn lane, scheduled. Staff said the decision would come from the FDOT. Commissioner McClash said, many might be walking to the business, but Commissioner Hayes said It was her district, and they didn't like the "city look" out there. Commissioner Bustle commented, "It would be a sidewalk to nowhere." Staff said it could also be a wetland issue. -- Approved, Unanimous




41. Richland Farms Subdivision (Continued from 3/15, 4/12, 5/24, 8/23, 9/20, 10/25, and 12/20/2011) Continue public hearing to April 24, 2012, to consider adoption of Resolution R-12-060 (fka R-11-019-V) vacating certain unimproved rights-of-way owned by Mark Cahill Investments, Steve P. Jorgensen and Barry W. Greer. -- Continuation Approved Unanimous




42. 11:00 A.M. TIME CERTAIN

Ordinance 12-13 Secondhand Dealers and Secondhand Metals Recyclers Adopt Ordinance 12-13 relating to the regulation of secondhand metals dealers and recyclers in Manatee County -- Approved, Unanimous  (Full Story)





43. Criminal Justice Report – Accept Criminal Justice Policy Coordination Report for Manatee County, dated December 23, 2011, and prepared by Wayne R. Applebee, and return of report to the Manatee County Public Safety Coordinating Council for review and action as appropriate -- Approved, Unanimous




44. Electronic Attendance of Commissioners at Board Meetings - Consideration of amending Commission's

Procedures Manual to address electronic attendance by Commissioners. Commissioners thought this is smart and proactive. It would be limited to no more than two at once. Four commissioners must be present in chambers to convene legally. Commissioner McClash said, "(it) would be real helpful if a commissioner was in the hospital." -- Approved, Unanimous 




Commissioner Robin DiSabitino commented on the Dashboard Report, noting many factors were up, like all permitting and trolly rides. She also wants to get confirmation to what is going to the dump from Tallevast. DiSabitino also showed concerns to the large increase of dental patients that have shown up in ERs, and praised "Habitat Resources."


Commissioner Michael Gallen commented how he was going to continue his "million dollars for kids" commitment. He asked about the unused facilities at the jail property and if there was any possible way to use that to aid kids. Gallen was interested in seeing if the $1.6 million from the MPO might assist in helping the Desoto Bridge problems. He finished with a recommendation for Dr. David Howell health race.


Commissioner Carol Whitmore displayed photos she took with her phone at the Civic Center of the bridge tournament. There, 1,300 people showed up and picked that venue over one near the Sarasota Airport because the price was cheaper, but said what we need is a hotel. Without one, that might be a game changer.


Commissioner Joe McClash spoke of the need to have a Charette focused on the 301 Desoto Bridge. He said it is far too important not to -- that it could put together the big picture. He read off the MPO priority list, saying the Gillette Rd. project wasn't even the MPO's long term plan. McClash is determined to address the "accident waiting to happen" Desoto Bridge. He also thought the 7th Street intersection is too problematic to address now, compounded by the fact that opening up across 301 would take out and change the entrance to the Civic Center. Not popular.


Commissioner Larry Bustle had very little to say, other than he spoke to the Manatee Port Director Carlos Buqueras, saying he will be back soon. He said he was in favor of what he called "Tax Abatement" that was introduced in a letter to the editor that Commissioner Whitmore had brought to everyone's attention.


Commissioner Donna Hayes supported the idea of getting 7th Street turned into an intersection, so to get on with getting a hotel near the Civic center and spent some time defending McClash's complaint about her not getting a requested letter out. 


Commissioner Chairman John Chappie had very little to mention, just seeking info on the Impact Fee Reduction. 


Jim Minix, Manatee Attorney, spoke of the "Bearded Clam" injunction being turned down and how he recommended "appealing" it to a higher court. He kept emphasizing the need to discuss it in a "shaded meeting" (no press) to go over strategy.         




* Documents have been reviewed by County Attorney's Office

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Name Date
Richard Shore, III July 29, 2015
Lisa Casper July 30, 2015
Nancy Rowe July 25, 2015
Irene Brothers July 24, 2015
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