LWV Manatee County Commission Notes: 2/18/24

The League of Women Voters of Manatee County Government Committee observes Manatee County Commission meetings for items of interest to citizens and the League and notes adherence, or lack of adherence, to good governance procedures and the Sunshine Law. The following are the major points from the board’s regular meeting on

Link to Agenda and Meeting Video

Quorum of 6 - Commissioner McCann was absent.

Invocation Pastor Luke Stockeland, First Baptist Church of Bradenton

Pledge of Allegiance lead by Staff

Announcements

Updates to Agenda – on February 14, 2025, and Updated on February 17, 2025.

Awards/Presentations/Proclamations

None.

Approval of Consent Agenda

Item 24 pulled at the request of Commissioner Felts

Citizen Comments (Consent Agenda Items Only) - None

Motion to approve the Consent Agenda (omitting item 24) passed 4-0 (Felts and Rahn not present)

Citizen Comments on Future Agenda Items

• Carol Whitmore, former County Commissioner, stated that Our Daily Bread said they still hadn’t heard about their approved funding from county reserves.
• Rodney said he was “gravely concerned” about public corruption, specifically citing a violation of the responsibility of commissioners to report official misconduct. He said that the commissioners work for “we the people, which includes Black people.”

Advisory Board Comments and Updates

None.

Advertised Public Hearings -Quasi Judicial

Item 32. Approval of Final Plat Concession, Phase V

A replat of a portion of tract eight hundred in the Concession. Phase 2, Block A subdivision, for 3 residential lots located in the southeast quadrant of Ganton Avenue and Lindrick Lane intersection, Bradenton (Manatee County)    

Attorney Bill Galvano, former Speaker of the Florida Senate, spoke on behalf of Concession Golf Club LLC regarding the three residential plots within the existing gated community. The project engineer testified that the plot meets all Florida statutes and codes.

Commissioner’s comments:

Commissioner Kruse said that he has been voting against this for a long time but since the Board has approved, he must honor that.

 Public comments:

• Carol Whitmore, former County Commissioner at Large, said she had voted against this 3 times, and it was the Board after her term that approved it.
• Mark, an engineer, said that this project has omissions on drainage and wetlands, which he thinks the county staff overlooked. 

Kruse responded that he trusts staff to do their jobs completely.

The motion to approve was passed 3-2 (Commissioners Felts and Bearden opposed it; Commissioner Siddique was not present).

Item 33. Approval of Final Waterbury Plat Lakewood Ranch

A final plat for 21 residential lots located at the southwest corner of The Masters Avenue and Bourneside Boulevard intersection, Bradenton (Manatee County).   

Isaiah Smith, Public Policy Coordinator for Neal Builders, described the plat as the final plot in Waterbury Park, a project of 21 lots. He also noted that Neal Builders have made $8 million in charitable community donations. 

Ed Fogler, general counsel for Neal, said the plat under discussion is at the final step of the review process and asked the Board to follow the law and codes and approve.

Approved 4-1 (Felts opposed; Siddique not present.)

Item 34. Adoption of Rye Road Elementary School Site Plan

Allowing for the construction of a public elementary school in the UF-3 (Urban Fringe) Future Land Use Category; making a Determination of Consistency with the Comprehensive Plan; all on approximately 18.38 acres of a 385.2 acre overall site of land located within the PDMU (Planned Development Mixed Use) zoning district; generally located 6,200 ft south of CR 675 and Rye Road intersection, along CR 675 (Rutland Road) in unincorporated area of Manatee County. 

Katie Labarr, Stantec Project Planner, described the 125,000 sq ft two-story classroom building as being part of an at-large community and asked the Board’s approval.

The school has capacity is 974 students. Pendley, Executive Planner for the district, said that District 2 has the most growth in Manatee County and there are 3500 dwellings planned in the Rye Road project area. 

Motion to approve passed 6-0.

Item 24, pulled from Consent Agenda by Carol Felts

Execution of the right of entry agreement between Jason and Summer Thurber and Manatee County

The County seeks the right to enter onto the property for re-storing the Sand Branch Creek, which runs through the property. This Right of Entry Agreement will help facilitate a permanent drainage easement conveyance from the owners to the County.

Commissioner Felts pulled this item to bring attention to recent floods in the area and Kruse noted that the Board has a workshop on related issues tomorrow, 2/19.

Motion to approve passed 6-0.

Regular Agenda Items

Administrator

Item 35. Manatee County Housing and Urban Development (CDBG-DR) Block Grant Update

Michele Davis, Grant Administration Division Manager for the county presented a PowerPoint, which was not posted online with the agenda, that detailed the $963 million worth of grant requests (totaling 104 projects) by various entities for $253 million of funding through the block grant. The grant specifications require 70% of projects awarded must impact low to middle income communities (LMI.) 

The applications are in the areas of affordable housing, infrastructure mitigation, flood mitigation, Manatee County program services and County government construction and equipment. The staff will schedule meetings with all the partners to gain further insight into the requests. The action plan due date is March 22.

Commissioners’ comments:

• There was discussion and questions by Commissioners Siddique, Bearden, Rahn, Ballard and Felts about items such as where funding can be used, whether it can be used for home elevation, how much would go to which district, how abuse would be prevented and where LMI areas might be located.
• Kruse said this item shouldn’t have been on the agenda without a briefing; he commented that board members were “droning” on and on and moved to public comments.

Public comments:

Glen complained that there was no attachment for the presentation in advance of the meeting. 

Item 3. Approval of legal expenses incurred by Kevin Van Ostenbridge

The County Attorney D’Agostino submitted a motion "that the Board (1) find that the matter of Paul D. Daniels v. Charlie Bishop, et. al., Manatee County Circuit Civil Court Case Number 2024 CA 569, arose out of or in connection with the performance of then-Commissioner Kevin Van Ostenbridge's official duties and defending same served a public purpose and (2) approve and authorize reimbursement of Kevin Van Ostenbridge's legal expenses incurred in defense of same in the amount of $7,335.80."

Public comments:

Two people commented that the county shouldn’t reimburse these expenses.

Two people commented that commissioners who are acting in their official capacity and haven’t been convicted of a crime should be reimbursed.

Motion to approve passed 5-0 (Bearden not present.)

Financial Management

Item 37. Execution of Guaranteed Maximum Price for Braden River Field 6

The Guaranteed Maximum Price (GMP) Addendum to Agreement No. 24-TA005460RB provides a guaranteed maximum price of $4,120,921.52 for the Braden River Field 6 project. The project includes installation of synthetic turf, re-grading of entire field, installation of proper drainage, installation of synthetic turf irrigation system, fill replacement, replacement of LED lights, removal and replacement of existing backstop, installation of the scoreboard and all appurtenances and amenities required for a functional baseball facility.

Motion passed 5-0 (Bearden not present.)

Item 38. Execution of Guaranteed Maximum Price for Washington Park Phase 1

The Guaranteed Maximum Price (GMP) Addendum to Agreement No. 24-TA005002SAM provides a guaranteed maximum price of $2,892,901.36 for Washington Park Phase 1B. The project includes, but is not limited to, a playground, pavilions, parking lot and other park amenities including sidewalks, bike racks and landscaping.

Commissioners Ballard and Kruse noted that the community has been ‘begging for a park for 25 years.”

Approved 5-0 (Bearden not present.)

Public Safety

Item 28. Emergency funding for Boys and Girls Club of Manatee County

Motion to approve $162,000 for opioid prevention programming Approved 5-0 (Bearden not present.)

Commissioner Agenda Items

Kruse explained that the agenda format is now listed chronologically by time of submission.

Siddique

Item 45. Discussion on urgent repairs to Florida Maritime Museum

Siddique said that in 2020 it was estimated that restoration of the museum would cost $3 million. Following significant recent storm damage, the cost for restoration could be $6-9 million. Recognizing its significance in the history of Cortez and that it is on the National Historic Register, he wants to help the building to survive. He proposes that staff find state or other funding sources to help with the cost.

Motion to direct staff to identify additional funding sources for the repair and restoration of the maritime museum. Approved 5-0 (Bearden absent.)

Kruse

39. Discussion on reinstating the retail pet ban in Manatee County (Kruse)

In 2021, the commissioners, at that time, in a 4-3 vote, banned the retail sale of pets in Manatee County. In 2023, upon the seating of the new board, the ban was reversed. In 2024, the Commissioners passed Ordinance 24-92, which permits the county to set breeder and pet store standards and monitor compliance.  

Commissioner Kruse stated because the county’s Ordinance 24-92 which went into effect in October, and some additional state guidelines as well, a more thoughtful approach responding to constituents’ concerns could be considered. He is not asking for a vote but is asking if there is any interest in moving forward to reinstating the ban.

Commissioner Comments

Rahn, Ballard, Bearden and Siddique said they were concerned about government overreach.  

Public Comments

• 5 people (all representing pet stores) opposed the ban on retail pet sales.
• Glen supported free enterprise.
• Felts pointed out that there previously was a citizen advisory committee on animal services, but now there is a task force.
• 12 people supported the ban, including Task Force member Carol Whitmore.
• 2 AKC registered breeders were against puppy mills and complained that Manatee Kennel Club was not asked to be on the Task Force.

Motion by Kruse to direct the Manatee County Attorney to review the Pinellas County law banning future pet stores. Approved 6-0.

Citizen Comments (Continuation of Consideration of Future Agenda Items)

• Anthony is concerned about stormwater. 
• Glen stated that The Mosaic Company, a phosphate mining corporation operating in Manatee County, makes billions of dollars and is no friend of Florida.

Commissioner Comments

• Bearden wants a workshop to determine the County’s position regarding phosphate mining.
• Felts pointed out that her District 1 is the most impacted by phosphate mining and that phosphate mining has a huge economic impact on Manatee County. She noted that growth is getting close to phosphate mining. 
• Siddique brought up that there are a huge number of permit applications and continuing back log.

GOVERNANCE

Link to Good Governance Guidelines

The commissioners do not have to respond to and/or act on every issue that is brought up to them and direct staff to work on it. Careful consideration should be given to the agreed priorities unless situations dramatically change. Bearden's desire for a review of phosphate is just one of many examples. Too many motions start out "Direct Staff" or "Staff prepare a workshop."

The meeting would move more quickly if Commissioners could limit discussion to items that are actionable. Focusing on important county items demonstrates that they value the commissioners' and citizens' time. Repeated comments and discussion on a topic that is a "concern" but not relevant to decisions being made or are an inconsequential interaction with staff is best left to other venues. 

We applaud Glen for making the point that developers should not be trying to push approvals by highlighting extraneous information like charitable donations.

Commissioners need to make sure that they turn on their microphones so that they can be heard and turn them off when they are making, which we hope not often, side comments. Making side comments during the meeting is distracting.

Item 37 passed and then Sheila McLean, the CFO for the County, came to the dais and asked for a wording change to state that funds were a second draw. The Board passed it without any explanation as to why the change after passage, why it was needed and what the impact would be.

Click here for information on how to phone or email the commissioners. 

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