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News Section: Local Government



Manatee County Commission Agenda Results: 9/25/2012

Published Wednesday, September 26, 2012

BRADENTON --  At Tuesday's BOCC meeting, Sue Fitzgerald celebrated with a proclamation, for her 40th anniversary with the Special Olympics of Florida. The new naming of the recently refurbished Civic Center ran into some opposition, and arguments as to what does and does not constitute a violation of the "Sunshine Law" dominated the day in heated discussion.

 

MEETING CALLED TO ORDER (John R. Chappie, Chairman)

INVOCATION and PLEDGE OF ALLEGIANCE

The commission does not endorse the religious beliefs of any speaker.

 

1. Invocation led by Pastor Phil Derstine, Christian Retreat Family Church

 

 

ITEMS SCHEDULED FOR A TIME CERTAIN

CHANGES TO AGENDA (County Administrator and County Attorney)

2. Updates to Agenda  -- Item #56 pulled from agenda 

 

 

A. AWARDS/PRESENTATIONS/PROCLAMATIONS

Proclamations (Motion required to adopt proclamations) -- Approved Unanimous

 

3. Proclamation for "Children's Summit Day"

Attachment: Children's summit 2012 Proclamation.pdf  -- At the Bradenton Area Convention Center on October 6, 2012, Manatee County along with non profit agencies will celebrate the 18th annual Children's Summit. October 6, 2012 will officially be "Children's Summit Day." 

 

4. Proclamation for Sue Fitzgerald, Manatee County Special Olympics

Attachment: Sue Fitzgerald.pdf  -- Sue Fitzgerald has been involved with Special Olympics of Florida for 40 years and recently received her 40 year volunteer pin during the 4oth anniversary of Special Olympics Florida. (Story to follow)

 

 

REQUEST BY COMMISSIONERS (Items to be pulled from Consent Agenda)  

CITIZEN COMMENTS (Consent Agenda Items Only)

B. CONSENT AGENDA

Clerk of Circuit Court

 

5. Clerks Consent Agenda

Attachment: 20120925 Clerks Consent.pdf

 

Administrator

 

6. Community Coalition on Homelessness

 

7. Monthly Dashboard Report for August 2012

Attachment: August 2012 dashboards.pdf

 

8. Retiree Medical and Dental Premiums-Plan Year 2013

Attachment: Retiree Rates-Agenda.pdf

 

9. 2013 Active Medical and Dental Premium Rates

Attachment: Active Medical and Active and Retiree Dental Premiums.pdf

 

Attorney

 

10. Renewal of Excess Auto and General Liability Policy

Attachment: XSAL&GL.pdf

 

11. Hearing Officer Resolution R-12-200; CAO File No. 1040-417

Attachment: HO Res 12-200 w Gen List.pdf

 

12. Erasmo Fibela Vilchiz and Florencia Aguilar-Galindo vs. W. Brad Steube, Sheriff of Manatee County, Case No. 2011-CA-4078, CAO Lit No. 4636

Attachment: Vilchiz Proposal for Settlement.pdf

Attachment: Aguilar-Galindo Proposal for Settlement.pdf

 

13. Eminent Domain Settlement: Ware’s Creek Project, Parcel W-280.1 (DeSoto Oaks Ventures, LLC) – Fees & Costs

Attachment: WaresCreek_P280_DeSotoOaks_StipOrdFees&Costs.pdf

Attachment: AerialMap_Parcel W280.pdf

 

14. U.S. 301 (SR 43) at Fort Hamer Road Intersection Improvement Project / Authorization to commence and to prosecute eminent domain proceedings

Attachment: Resolutions_All.pdf

Attachment: AerialMaps_AllParcels.pdf

 

Building and Development Services

 

15. Christine Hannis (nka First Federal Bank of Florida As Success) Case No. CE2006070227

Attachment: BOCC Attachments 9-25-12 Hannis.pdf

 

16. Alco Properties of Manatee, Inc., Code Enforcement Cases CE2011120288, CE2011120289 and CE2011120290

Attachment: BOCC Attachements 9-25-12 Alco.pdf

 

17. Interlocal Agreement between Manatee County Government and Manatee Sheriffs Office for Automated Red Light Running Enforcement Program

Attachment: XSLS executed amendment Manatee County 8-22-2012 final.pdf

Attachment: Interlocal Agreement 92512.pdf

 

18. R-12-202 Building Permit, Inspection, and other related fees and charges

Attachment: Resolution No. R-12-202.pdf

 

19. R-12-203 Building and Development Services Department Miscellaneous Fees and Charges

Attachment: Resolution No. R-12-203.pdf

 

20. R-12-209 Resolution adopting the Florida Building Code-2010 for flood insurance discount purposes.

Attachment: Resolution No. R-12-209.pdf

 

Community Services

 

21. Alzheimer's Disease Initiatve (ADI) Amendment 001

Attachment: adi1112amend1DOC.pdf

 

22. Alzheimer's Disease Initiative (ADI) Amendment 002

Attachment: adi1112amend2DOC.pdf

 

23. FY 11-12 Home Care for the Elderly Grant Program Amendment 2

Attachment: agn1112hceamend2DOC.pdf

 

24. FY11-12 Home Care for the Elderly Grant Program Amendment 3

Attachment: agnhce1112amend3DOC.pdf

 

25. FY 11-12 Emergency Home Energy Assistance Program Amendment 3

Attachment: ageneheap1112amend3DOC.pdf

 

26. FY 11-12 Community Care for the Elderly Grant Program Amendment #1

Attachment: agncce1112amend1DOC.pdf

 

27. Authorize execution of Amendment #1 to FY11/12 Non-Profit Agency Agreement with Manatee Children's Services for Forensic Medical Exams

Attachment: Amendment#1 ManateeChildrensServices ForensicMedicalExams.pdf

 

28. Agency for Health Care Administration * Eschenfelder

Attachment: RLS Response AHCA LOA FY2013.pdf

Attachment: Agenda Sample - AHCA LOA FY2013.pdf

Attachment: RHS LIP MOU FY2013.pdf

 

Financial Management

 

29. Budget Amendment Resolutions

Attachment: B-12-065 Budget Amendment Resolution A.pdf

 

30. Utility Architectural/Engineering Services (RFP#12-0588BG)

Attachment: Kimley - Horn Agreement 12-0588BG Utilities.pdf

Attachment: Public Works Memorandum to Award.pdf

Attachment: Cardno TBE Agreement.pdf

Attachment: Stantec Agreement.pdf

Attachment: Mckim Creed Agreement.pdf

Attachment: CH2M Hill Agreement.pdf

 

31. Correctional Center Healthcare Services (RFP#12-0415) * Eschenfelder

Attachment: Health Serivces Agreement.pdf

 

32. FEMA Funding Agreement TS Debby

Attachment: FEMA TS Debby Rezzo & Agreement for BCC.25SEP2012.pdf

 

Human Resources

 

33. Resolution R-12-188 Clarifying County's policy on participation in Toastmasters * Eschenfelder

Attachment: Attorney Review Toastmaster R12188.pdf

Attachment: Resolution R-12-188.pdf

 

Neighborhood Services

 

34. Norma Lloyd Park Project Final Close Out

 

35. State Aid to Public Libraries Grant Acceptance

Attachment: State Aid Resol R12210.pdf

Attachment: estimated2012-2013 Library State Aid Grants.pdf

Attachment: State Aid 12-13.pdf

 

36. Friends of Island Library Donation

 

37. Voluntary Grant Reduction (HOME Program)

Attachment: Letter.pdf

Attachment: Documentation Correspondence.pdf

 

Property Management

 

38. Resolution R-12-204 to approve presuit negotiations on 44th Avenue East (30th-45th St. E.) Road Improvement Project

Attachment: presuit.resolution.ROW 44th us 30 45 9122012.pdf

Attachment: 30th to 45th St E.pdf

 

39. PDG Electric Partnership Property Purchase located at 44th Avenue East (12-19th St. E.)

Attachment: 44th Ave E_15th St E PDG1TCE 8.pdf

Attachment: pdg access esmt.pdf

Attachment: pdg aoe.pdf

Attachment: pdg pe.pdf

Attachment: pdg tce.pdf

Attachment: pdg wd.pdf

 

Public Safety

 

40. Street Numbering Waiver for Eagle Trace Subdivision

Attachment: Eagle Trace Str Wvr.pdf

 

41. Street Numbering Waiver for Canoe Creek Subdivision

Attachment: Canoe Creek Str Wvr Req.pdf

 

42. Removal of Uncollectible EMS Accounts for Accounts Receivable

Attachment: August 2012 Resolution R-12-208 with ATT. A and ATT. B.pdf

Attachment: August 2012 ATT. C.pdf

 

Public Works

 

43. Surplus Equipment

Attachment: Surplus List 9-25-12.pdf

Attachment: Reconciliation List 9-25-12.pdf

Attachment: Resolution Items 9-25-12.pdf

Attachment: R-12-201.pdf

Attachment: R-12-205.pdf

Attachment: R-12-206.pdf

 

44. FDOT Manatee TMC Design and Installation of a Redundant Fiber Connection Amendment No. 1

Attachment: 432208 1 1st_ amendment.pdf

 

 

APPROVE CONSENT AGENDA

45. Motion to approve Consent Agenda-- Approved, Unanimous

 

 

CITIZEN COMMENTS (Consideration for Future Agenda)

C. ADVISORY BOARD APPOINTMENTS

Community Services

 

46. Children's Services Advisory Board

Attachment: CSAB Applicants Matrix.pdf

Attachment: Child Advocate Diane Brown.pdf

Attachment: Child Advocate Cecilia Eaton.pdf

Attachment: Child Advocate Rev Margaret Gat.pdf

Attachment: Child Advocate Jacquelyn Jacoby.pdf

Attachment: Child Advocate Eloise Lisch.pdf

Attachment: Child Advocate Cornelle Maxfield.pdf

Attachment: Child Advocate Lisa Morrison.pdf

Attachment: Child Advocate Jennifer Radebach.pdf

Attachment: Child Advocate Rita Smith.pdf

Attachment: LMHP Krista Cournoyer.pdf

Attachment: LMHP Zeppi Kirk APP2012.pdf

Attachment: DCF Kim Kutch.pdf

Attachment: NAACP Lynette Edwards.pdf

Attachment: UW Debbie Tapp.pdf

Attachment: 2012 CSAB Membership.pdf-- Jennifer Radebach, Lisa Morrison, Eloise Lisch, Rita Smith, Zeppi Kirk -- were chosen to represent the Children's Services Advisory Board  -- Approved, Unanimous

 

Neighborhood Services

 

47. Palmetto/North Manatee County EZDA Board Appointments

Attachment: Ordinance 08-024.pdf

Attachment: Sheriff's Office Letter Aug 2012.pdf

Attachment: City of Palmetto Letter Aug 2012.pdf -- Approved, Unanimous

 

 

CIVIC CENTER AUTHORITY (Donna G. Hayes, Chairman)

Consent Agenda -- Not all were happy with the new name of the Manatee County Civic Center: The Bradenton Area Civic Center, as the building resides in Palmetto and there is already a building that markets itself as the Sarasota-Bradenton International Convention Center.

 

Commissioner McClash made a motion to postpone the decision -- Failed, 4-3, McClash, Gallen, DiSabatino in favor

Commissioner Whitmore made a motion to approve the new name -- Approved, 5-2, Gallen, McClash dissenting

 

 

48. Suncoast Bridge Association License Agreement #32-203 - -- Approved, Unanimous

Attachment: agreement #32-203 with signature.pdf

 

49. Suncoast Bridge Association - License Agreement #32-249-- Approved, Unanimous

Attachment: agreement #32-249 with signature.pdf

 

 

COMMUNITY REDEVELOPMENT AGENCY (Robin DiSabatino, Chairman)

 

Joint CRA meeting -- The new "MidTown Manatee" signs are up. There was a CRA south county 14th Street meeting Monday. Lights and sidewalks are not far from being a reality.

 

PORT AUTHORITY (Larry Bustle, Chairman)

D. ADVERTISED PUBLIC HEARINGS (Presentations Upon Request)

Building and Development Services

 

50. PDR-06-63(Z)(G)(R) - SES Cortez, LLC; DJ2, LLC; MIK, LLC - Tamiami Terraces - Lisa Barrett - Quasi-Judicial

Attachment: PDMU-06-63(Z)(G)(R) Ordinance .pdf -- Approved, Unanimous

 

Convention and Visitors Bureau

 

51. Ordinance 12-35 Capital contribution towards a public auditorium for Manatee Players (PUBLIC HEARING)

Attachment: Ord-12-35.pdf

Attachment: Proof of Pub.pdf

Attachment: Public Hearing Notice Ord 12-35.pdf -- Approved, Unanimous

 

52. Manatee Players Agreement and Budget Amendment B-12-066 (REGULAR AGENDA ITEM)

Attachment: Man Players Agreement 2012.pdf

Attachment: B-12-066.pdf -- Approved, Unanimous

 

Neighborhood Services

 

53. Public Hearing to Adopt Manatee County Ordinance 12-33

Attachment: Ordinance No. 12-33.pdf

Attachment: HT ad affidavit Fair Housing ord 8-31-12.pdf

Attachment: Fair Housing. Ordinance No. 12-33. PH Notice - Sept 14 2012 .pdf  -- Approved, Unanimous

 

Public Works

 

54. No Parking Ordinance 12-30 - Adoption * Eschenfelder

Attachment: NP 4TH AVE Ordinance 12--30.pdf

Attachment: NP Ordinance 12-30 - CAC No. 12060194.pdf

Attachment: 4 Ave NW No Pkg Ord - CAO Response.pdf

Attachment: RLS 12-209 No Parking Ord. 4th Ave NW & 83rd St.pdf

Attachment: Proof of Publication.pdf

Attachment: NP 4TH AVE NW ORD. 12-30 MAP.pdf -- Approved, Unanimous

 

55. No Parking Ordinance 12-31 - Adoption * Eschenfelder

Attachment: NP Ordinance 12-31.pdf

Attachment: NP Ord. 12-31 - Petition Signatures.pdf

Attachment: NP Ordinance 12-31 - Pictures.pdf

Attachment: CAO RLS 12-210 DATED 07-24-12.pdf

Attachment: Proof of Publication.pdf

Attachment: NP School Hours Ordinance 12-31 Map.pdf  -- Approved, Unanimous

 

 

E. ADVERTISED PUBLIC HEARINGS (Presentation Scheduled)

F. REGULAR

Attorney

 

56. DeLesline Construction's appeal of Hearing Officer's Order dated July 6, 2012 on its contract claim against Manatee County.

Attachment: Notice of Appeal and HOs Find Fact.pdf

Attachment: Final Order adopting Hearing Officer Decision.pdf-- Pulled from agenda

 

 

G. REPORTS

Attorney

 

57. County Attorney's proposal for the provision of legal services to the Port Authority

Attachment: Port Attachment.9.25.12 Agenda.pdf

Attachment: Attorney Brief Biographies.pdf-- County attorney Micky Palmer requested one new attorney and staff member. Salary will be based on the average compensation of  current county attorneys. -- Approved, Unanimous

 

COMMISSIONER AGENDA

58. Resolution R-12-183 Valkyries of Manatee, Inc. Lease Agreement * Wade

Attachment: Resolution 12-183.pdf

Attachment: Valkyries Lease Agreement_11-234.pdf -- This regards the leasing of rural Manatee County land for the purpose of flying remote control aircraft. The group has had discussions with surrounding communities and no objections have been reported. Because the county has no experience with such an enterprise, Commissioner DiSabatino suggested that perhaps they should do a 1 year lease with a 9 year renewal option on the chance that it would prove to be controversial once they were using the grounds. A member of the club spoke as to the precautions that have been taken and explained that there is a 400 foot buffer of high oak trees seperating the nearest development. Commissioners McClash and Bustle were supportive, noting that the group had "jumped through a lot of hoops" and "done everytthing asked of them" to get the lease. -- Approved, Unanimous (click on lease agreement to see full details)

 

59. Full Agenda - pdf format

Attachment: 120925_docs.pdf

 

 

COMMISSIONER COMMENTS

60. Commissioner Comments -- 

 

Commissioner McClash -- "I would like to bring up an uncomfortable issue, the McKechnie Field press release. It was not within the policy of the board." McClash made a motion to later work out a policy or protocol to deal with press releases like the highly controversial Little League announcement at Mckechnie Field back in late August by Commissioner Larry Bustle. Commissioner DiSabatino said, It's a Sunshine issue, three commissioners were at the field, and we hadn't voted on it yet. Commissioner Gallen added, "I lost sleep, I was angry." 

 

Other commissioners argued the matter as they had throughout the day. McClash's motion failed, 4 to 3, McClash, DiSabatino and Gallen in favor (Story to follow)

 

More commissioner comments:

 

Commissioner Gallen -- asked County Administrator, Ed Hunzeker if he had any follow up on his request to seek repayment concerning the reimbursement from the Department of Juvenile Justice for other county housing expenses. Hunzeker said they are working on it.

 

Commissioner DiSabatino -- said she has gotten two completely different opinions in response to a request by KB Homes residents who were inquiring about a "Lemon Law" for houses. 



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