MARCH 3, 1987 The Board of County Commissioners, Manatee ...

MARCH 3, 1987

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

REGULAR SESSION in the Courthouse, Bradenton, Florida, Tuesday, March 3,

1987, at 9:10 a.m.

Present were Commissioners:

Westwood H. Fletcher, Jr., Chairman

Kent G. Chetlain

Patricia M. Glass

James J. McGrath

Absent;

Edward W. Chance, Vice-chairman

Also present were:

Ronald H. Rabun, County Administrator

Tedd Williams, Chief Assistant County Attorney

Richard H. Ashley, Chief Deputy Clerk, representing

R. B. Shore, Clerk of Circuit Court

Representatives of the various news media were present.

Invocation by Rev. Larry Wells, West Bradenton Baptist Church.

The meeting was called to order by Chairman Fletcher.

All witnesses/staff giving testimony were duly sworn.

PROCLAMATIONS

Manatee Little League Baseball Month

Upon motion by Mr. Chetlain, seconded by Mrs. Glass, a proclamation

was unanimously adopted designating March, 1987 as "Manatee Little

League Baseball Month" in Manatee, County.

RECORD S36-346

Girl Scout Week

Upon motion by Mr. Chetlain, seconded by Mr. McGrath, a proclamation

was unanimously adopted designating March 8 to 14, 1987 as "Girl Scout

Week" in Manatee County.

RECORD S36-347

American Association of University Women Week

(Bradenton Branch and Manatee BranchT

Upon motion by Mrs. Glass,seconded by Mr. Chetlain, two proclamations

were unanimously adopted designating March 8-14, 1987 as "American

Association of University Women Week" recognizing local branches:

(1) Bradenton Branch (2) Manatee Branch

RECORD S36-348 ————

S36-349

Pat McVoy, Assistant County Attorney, accepted the proclamations.

COUNTY ADMINISTRATOR'S CONSENT AGENDA

Upon motion by Mrs. Glass, seconded by Mr. McGrath, the County

Administrator's Consent Agenda was unanimously approved, after

deletion of items to be considered under separate action:

(1)Resolution R-87-90 changing official name of Bibey Road to Dam

Road; (2) Amended WCIND project planning list for FY 1987 funding.

Items Approved:

DEEDS & EASEMENTS

9thStreetEast/53rd Avenue East - Warranty Deed from Benedetto

Vettraino; Affidavit of Ownership and Encumbrances.

BOTH AVENUE EAST/9TH STREET EAST

Execution of Contract for Purchase of property from John and Mary

Gaber for intersection improvement, $5,399.00

RECORD S36-350

CENTRAL SERVICES

T~.800Megahertz Trunking/Conununications system - Chairman to sign

letter of acceptance and Software License Agreement with General

Electric Company; sole source purchase of base station equipment

not to exceed $770,000 and radio equipment at specified unit

prices and/or return of equipment if unsatisfactory to County.

(Recommended by Sim Smith 2/23/87)

RECORD S36-351

267

268

MARCH 3, 1987 Cont'd

2. Standardized Office Automation Equipment - Sole source purchase

from NCR, $14,500, total FY 86/87 not to exceed $105,000.

3. Testing Soils and Materials - Negotiations with Ardaman &

Associates, Inc.; subsequent execution of contract.

PARKS~AND RECREATION

ToroReelmaster 450D Mower (with options and accessories)

Negotiate sole source purchase from Wesco-Zaun, Inc.; subsequent

issuance of purchase order not to exceed $48,450.

PUBLIC HEALTH FACILITY

ExecutionorAddendum No. 1 (to contract of 6/10,24/86 for

design, renovation, etc.) with Ellerbe Architects & Engineers,

Inc. (re indemnification, insurance,soilsubconsultant).

RECORD S36-352

SURPLUS PROPERTY

T.Authorization (after six month required wait) to classify found

bicycles as surplus on an ongoing monthly basis, FS 274.05.

2. Adoption of

RESOLUTIONS AUTHORIZING THE CONVEYANCE OF COUNTY OWNED PERSONAL

PROPERTY UNDER THE PROVISIONS OF CHAPTER 125.38, FLORIDA STATUTES

R-87-24 Conveying girls bicycles to Manatee County Girls

Club to be used for Bicycle Safety Program forchildren of

needy families.

RECORD S36-353

R-87~25 Conveying boys bicycles to Manatee County Boys

Club to be used for Bicycle Safety Program for children of

needy families

RECORD S36-354

R-87-39 Conveying 3-wheel bicycles to Manatee County

CouncfT on Aging to be used for the Adult Day Care Program

RECORD S36-355

R-87-40 Conveying 3-wheel bicycles to Meals on Wheels of

Manatee County to be used for needy senior citizens.

RECORD S36-356

HOUSING FINANCE AUTHORITY

Adoption of

R-87-70 RESOLUTION DESIGNATING THE VICE CHAIRMAN OF THE

HOUSING FINANCE AUTHORITY OF MANATEE COUNTY, FLORIDA

(approving, ratifying and confirming election of Frank R. Dodson

by the Housing Finance Authority).

RECORD S36-357

BUDGET AMENDMENTS

RESCIND RESOLUTIONS:

PUBLIC WORKS/UTILITIES

Adopted January 27, 1987

Adopted February 10, 1987

(B-87-093)

(B-87-103)

$ 106,387

$ 140,500

Adoption of resolutions amending the 1986-87 Budget to provide

for the receipt and appropriation of unanticipated revenues,

decrease in revenue/expenditures, and for item to item transfers:

PARKS AND RECREATION (B-87-104)

Increase Revenue/Expenditures:

Capital Projects Fund; 59th Street Complex

(B-87-105/1)


Department of Natural Resources Grants;

Transfers to Parks Capital

(B-87-105/2)


Capital Project Fund/Transfer from DNR Grants

to Rye Wilderness Campground

PUBLIC SAFETY (B-87-106)

Item Transfers from Emergency Communications

to Emergency Management

(B-87-107)

Increase Revenue/Expenditures;

General Fund,Storm Damage;

Emergency Management, Telephone

$ 802,000

RECORD S36-358

$ 149,280

RECORD S36-359

$ 149,280

RECORD S36-360

$ 130,932

RECORD S36-361

$ 8,700

RECORD S36-362


(B-87-108)

TOURIST DEVELOPMENT

Item Transfers from Tourist Development Fund

to Administration and Supplies

PUBLIC WORKS/UTILITIES

16,000

RECORD S36-363

(B-87-109)

Item transfers from Participation Projects

Fund/reserves to (design) Palmetto Point,

Samoset, Oneco, Washington Park & Sunkist Acres,

Rubonia, Riverdale, Linger Lodge $

(B-87-110)

Increase Revenue/Expenditure:

Special Assessment Project Fund;

SW Sewer Assessments: Samoset, Oneco,

Washington Park, Rubonia $

(B-87-111/1)

Decrease Revenue/Expenditure;

MCPUD Capital Improvement Fund;

Key Royale Loop, East County Well Field Pipeline $

(B-87-111/2)

Item transfers from other MCPUD funds (surplus)

to MCPUD, retained earnings $

93,204

RECORD S36-364

859,150

RECORD

659,150

RECORD

S36-365

659,150

RECORD

(B-87-112)

Item Transfers from Utilities Bond Construction

to 30-Inch Raw Water Line conversion $1,

(B-87-113)

Item transfers from Utilities reserves

to Administration, Accounts Receivable,

Customer Services, Engineering, S/Treatment $

PUBLIC WORKS/HIGHWAY (B-87-114)

Increase Revenue/Expenditure:

Participation Projects Fund/Bradenton Contribution/

Cortez GDNS; Participation Projects Fund/Reserves,

Southeast High, Marineland $

PUBLIC WORKS/MOTOR POOL (B-87-115)

Increase Revenue/Expenditure

Motor Pool/Services General;

Motor Pool/pro. services/Equipment $

SHERIFF/PUBLIC SAFETY (B-87-116)

Item transfers from Sheriff/C.O. Budget

to Emergency Management $

Sheriff's Budget Account Amendment No. 87-02, $50,000

289,652

RECORD

140,500

RECORD

S36-366

S36-367

S36-368

S36-369

106,387

RECORD

20,800

RECORD

50,000

RECORD

S36-370

S36-371

S36-372

PARKS & RECREATION (B-87-117)

Item transfers from Parks Capital Projects/Reserves,

to Rye Wilderness Campground $ 50,000

RECORD

LAKE MANATEE WATERSHED ADVISORY COMMITTEE

Adoption of

S36-373

R-87-72 RESOLUTION REVISING THE MEMBERSHIP COMPOSITION OF

THE LAKE MANATEE WATERSHED ADVISORY COMMITTEE

providing for substitution of a representative from the Planning

and Development Department to replace a representative of the

mining industry on the Lake Manatee Watershed Advisory Committee.

Fred Goodrow appointed to represent Planning and Development.

RECORD S36-374

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD)

ExecutionofagreementwithSouthwest Florida Water Management

District to plug an abandoned water well in

Center at 1303 17th Street West in Palmetto,

cost to County $1,000.00

the Agriculture

Florida, maximum

(End Consent Agenda)

RECORD S36-375

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270


BIBEY ROAD - RENAMED DAM ROAD

Motion was made by Mrs. Glass, seconded by Mr. Chetlain, to adopt

R-87-60 A RESOLUTION CHANGING THE OFFICIAL NAME OF

BIBEY/DAM ROAD TO DAM ROAD;

and rescinding Board action of September 26, 1972.

unanimously.

Motion carried

RECORD S36-376

Mr. Chetlain suggested that former Commissioner Earl Bibey's name be

perpetuated by naming Water Line Road in his behalf. He noted that

Mr. Bibey had contributed to the building of the Manatee Dam, to the

creation of Lake Manatee Reservoir and establishment of a surface

water system to serve the growing urban area around Bradenton.

Mr. Chetlain moved that staff be directed to take all necessary steps

to bring forward an appropriate resolution officially renaming what is

now known as "Water Line Road" to "Earl Bibey Road." Motion was

seconded by Mrs. Glass. Discussion/suggestion: If this cannot be

done, staff make recommendation on some type of commemoration, such as

a building, waterplant, etc. Motion carried unanimously.

HOUSING AUTHORITY

Payment in "Lieu of Taxes

RobertE~.Rogers,Jr., Executive Director of the Manatee County

Housing Authority, presented a check for $5,712.31 as payment in lieu

of taxes for Fiscal Year ending September 30, 1986.

Mrs. Glass moved acceptance of $5,712.31 payment in lieu of taxes of

the Manatee County Housing Authority for fiscal year ending September

30, 1986. Motion was seconded by Mr. McGrath and carried unanimously.

Section 8 Program (Application to HUP)

Mr. Rogers advised(ref.letter dated 2/20/87 to County Administrator)

that the Housing Authority was applying to the U.S. Department of

Housing and Urban Development for 150 additional Section 8 Vouchers,

which is a rental assistance program as opposed to a new construction,

and requested a letter of support from the County Commission to Jim

Chaplin, Manager, Jacksonville Area Office.

Mrs. Glass moved to authorize the Chairman to sign a letter to U.S.

Department of Housing and Urban Development supporting the application

for 150 Section 8 Vouchers by the Manatee County Housing Authority.

Motion was seconded by Mr. McGrath and carried unanimously.

During the following presentation, the Chairman appointed Mrs. Glass

as Chairman pro tern prior to his departing the meeting.

(Depart Mr. Fletcher; Mrs. Glass presiding)

Mr. Rogers made a presentation regarding assistance under the Section

8 Program; housing provided in conventional public housing and the

projects of Pine Village and Lake Terrace, and referred to the $13

Million Bond issue for new construction of approximately 300-350 units

of housing.

(Enter Mr. Fletcher)

WESTCOAST INLAND NAVIGATION DISTRICT; PROJECT LIST AMENDED

Flotilla 83, Coast Guard Auxiliary

Mr.Chetlainmovedapprovalof the amended West Coast Inland

Navigation District Project List reflecting the addition of request

from Flotilla 83, U.S. Coast Guard Auxiliary, for $7,510 for boating

safety, to the planning list for eligible funding for the fiscal year

1987. Motion was seconded by Mrs. Glass and carried unanimously.

75TH STREET/CORTEZ ROAD (PROJECT 3034)

By memorandum of February 23,T987, Richard A. Wilford, Public Works

Director, explained that in order to construct additional lanes at the

intersection of 75th Street and Cortez Road (three lanes unsatis¬

factory) it will be necessary to relocate the holding pond from the

site in the original design of the multi-lane of Cortez Road from 66th

Street to 76th Street. The ultimate desired location is some 1800

feet south of Cortez Road, adjacent to the right-of-way; however, the

time involved in obtaining the required permits from Florida

Department of Environmental Regulation and Southwest Florida Water

Management District would make it impossible to improve the

intersection before the opening of the road.


Walter Preston, president of Manatee Fruit Company, has agreed to

allow the County to use a portion of property owned by his company

immediately adjacent to the existing pond to install a temporary

retention area, which will not require the additional permits, and

will make available two acres for the retention pond, farther to the

south, at appraised value.

Apac, Florida, Inc., the contractor for the 75th Street to 53rd Street

improvements, had estimated a total cost of $99,587.56 for modifying

the intersection.

John Thomas, Transportation, requested

(1) Approval of right of entry and conditions relating thereto

as outlined in Mr. Preston's letter of February 17, 1987;

(2) Authorization for the Director of the Purchasing Division of

Central Services to negotiate and execute a change order

with Apac of Florida, Inc., for the work outlined in the

Department of Public Works plans for the subject

intersection at a price not to exceed $100,000.

Mrs. Glass moved approval of right of

thereto as outlined in Mr. Preston's

Motion was seconded by Mr. Chetlain and

entry and conditions relating

letter of February 17, 1987.

carried unanimously.

RECORD S36-377

Mrs. Glass moved to authorize the Director of the Purchasing Division

of Central Services to negotiate and execute a change order with Apac

of Florida, Inc. for the work outlined in the Department of Public

Works Plans for the subject intersection at a price not to exceed

$100,000. Motion was seconded by Mr. McGrath and carried unanimously.

WASTE MANAGEMENT INC.

In an attempt to settle outstanding contract disputes with Waste

Management Inc., the Director of Public Works recommended (by

memorandum of 2/24/87) that the Board extend the franchise agreement

for an additional 8 1/2 years, contingent upon Waste Management

dropping all claims against Manatee County. This will extend their

contract to 15 years which is the maximum allowed by the Ordinance.

He said his recommendation was based upon the fact that Waste

Management is doing a good job; that County would have ample provision

to discontinue the contract at any time due to lack of performance;

provisions for annual rate reviews in the franchise agreement are

favorable to County because they are tied to cost of living.

Tedd Williams, Chief Assistant County Attorney, reported that the

County Attorney's office has reviewed a proposed first modification of

this franchise agreement (prepared by David Green, attorney for Waste

Management) and some changes were recommended. It was his understand¬

ing that Waste Management has no objections to the changes, however,

the required documents have not yet been provided. One of the changes

recommended was that a separate release be prepared. He suggested the

Board approve this agreement in concept and the actual agreement will

be presented as soon as it is ready. He noted there is no requirement

for a public hearing in connection with the ordinance and franchise

agreement.

Mr. Chetlain recommended the contract be extended for 5 1/2 years to

give them a total of 12 years; however, if the contract is extended 8

1/2 years that a public hearing be held.

Discussion; Exemption of certain industrial classes of customers;

performance of company; terms of lease.

'Mrs. Glass moved to approve the concept recommended by the Director of

Public Works Department to extend the franchise agreement with Waste

Management, Inc., for an additional 8 1/2 year period, contingent upon

Waste Management, Inc., dropping all grievances to date against the

County. Motion was seconded by Mr. McGrath. Voting "Aye" were Mr.

Fletcher, Mrs. Glass and Mr. McGrath. Mr. Chetlain voted "Nay."

Motion carried.

TRANSPORTATION

The County Administrator advised (by memorandum 2/23/87) that the

creation of a high speed rail link connecting Manatee County and the

entire southwest coast of Florida with Tampa, Miami, Orlando,

Jacksonville and other metropolitan areas of the State has been the

27 1

272

MARCH 3y 1987 Cont'd

subject of increasing conjecture in recent years, and taken as a

serious option in addressing transportation needs in coming decades.

The Manatee Chamber of Commerce encourages the establishment of a

Joint High Speed Rail Task Force/committee to investigate the

feasibility for such a system in Manatee County.

He recommended the Board direct staff to effect such liaison as may be

necessary to form a Joint High Speed Rail Task Force to include

County, cities and Chamber representatives, as appropriate, to

investigate the feasibility of such a system in Manatee County; and

adoption of Resolution R-87-74 supporting the concept of the system.

Discussion: Economic feasibility study; project undertaken by the

private sector.

Mr. Chetlain moved to direct staff to form a Joint High Speed Rail

Task Force to include County, Cities and Chamber of Commerce

representatives in order to investigate the feasibility of such a

system in Manatee County, and the adoption of

R-87-74 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF

MANATEE COUNTY, FLORIDA SUPPORTING THE CONCEPT OF HIGH SPEED RAIL

LINKS CONNECTING MANATEE COUNTY AND THE ENTIRE SOUTHWEST COAST OF

FLORIDA WITH OTHER METROPOLITAN AREAS OF THE STATE OF FLORIDA

THROUGH THE DEVELOPMENT OF A FLORIDA HIGH SPEED RAIL SYSTEM.

Motion was seconded by Mrs. Glass and carried unanimously.

RECORD S36-378

LAWSUITS: T. RALPH TAYLOR

Tedd Williams advised (memorandum 2/23/87 from Patricia McVoy) that on

September 30, 1986 the Board authorized the initiation of eminent

domain proceedings and the use of quick taking condemnation

proceedings for the acquisition of right of way for intersection and

road/drainage improvements along 63rd Avenue East and 9th Street East.

A petition of eminent domain has been filed and a hearing on the Order

of Taking has been scheduled for March 10, 1987.

He reported that after extended negotiations the property owner had

agreed to the terms of a proposed settlement agreement. He

recommended execution of contract for sale/purchase between County and

T. Ralph Taylor (Jr.) for acquisition of the right of way, $9,650.23.

Mrs. Glass moved to authorize the execution of contract with T. Ralph

Taylor, Jr., for acquisition of right-of-way and settlement of eminent

domain proceedings (for 63rd Avenue/9th Street E). Motion was

seconded by Mr. Chetlain and carried unanimously.

RECORD S36-379

ORDINANCE 87-01; WATER SAFETY/BOATING RESTRICTIONS

Mrs.Glassmovedt"oauthorizeapublichearing on Ordinance 87-01,

providing water safety and boating restrictions on waterways within

Manatee County. Motion was seconded by Mr. Chetlain and carried

unanimously.

ORDINANCE 87-15: REGULATION OF PAWN SHOPS

Mrs.Glassmovedtoauthorizeipublic hearing on Ordinance 87-15,

regulating pawn shops.


Motion was seconded by Mr. Chetlain and

MEADOW LAKES EAST SUBDIVISION

Mr. McGrath moved to approve/accept and/or execute documents relating

to Meadow Lakes East Subdivision as outlined in memorandum of February

19, 1987 from the Director of Public Works. Motion was seconded by

Mrs. Glass. Voting "Aye" were Mr. Fletcher, Mrs. Glass, and Mr.

McGrath. Mr. Chetlain voted "Nay." Motion carried.

Documents:

1. Final Plat

2. Agreement with Modern Builders, Inc., (James W. Glasser,

president) and Pulte Home Corporation, guaranteeing

completion of requiredimprovementsC$293,879.85 and

$157,105.30)

3. Performance Bonds: (1) $293,879.85 (Letter of Credit No.

9110, Sun Bank); (2) $157,105.30 for improvements to 24th

Street East and SR 70 (Letter of Credit No. 9111, Sun Bank)


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

SEWER & WATER RATES REVISION

Publichearing,rescheduled from February 10, 1987 (Notice in The

Bradenton Herald 2/15 and 2/19, 1987) was opened to consider

R-86-164: A RESOLUTION OF MANATEE COUNTY REVISING THE SCHEDULES

FOR CERTAIN WATER & WASTEWATER, RATES, FEES, AND OTHER CHARGES

FOR THE USE OF AND FOR THE SERVICES FURNISHED OR TO BE FURNISHED

BY THE MANATEE COUNTY PUBLIC WORKS DEPARTMENT; ............

Mr. Wilford requested the public hearing be continued to March 10,

1987, pending subsequent work session (an inter-deparfcmental work shop

at the Library at 2:00 p.m., March 4, 1987, to talk with persons who

have concerns about the rate restructure).

He reported that staff had developed an alternative rate based on the

last public hearing, splitting up mobile home customers, and that rate

will be discussed in the work shop and brought to the Board either

March 10 or at another date. Upon question, he said mobile homes are

presently part of the wholesale class customer and that staff and

consultants have further modified the master meter customer category

and have come up with a separate class for the mobile home customer.

He noted that this change will have an impact on the RTS charge and

overall rate structure.

He pointed out that by placing the mobile home customers into a

separate category from the wholesale class, it has lowered the mobile

home customers to approximately 60 percent of the individual single

family unit and has increased wholesale customers to 75 percent.

Public Comments:

Toni Pena, West Winds Mobilehome Village; Elizabeth Hutchinson, Colony

Cove; Bill Skaggs, West Winds; Hilda Warner - inquired about the

workshop, mastermeters, billing and readiness to serve charge,

consideration of park owners maintaining water and sewer lines within

the park, adequacy of billing cost, administrative cost, delinquent

accounts, demand being greater in the individual home than in mobile

homes, justification for availability charge, Sarasota County rates

being much lower than Manatee County rates.

Motion: Continue to March 10, 1987

Mrs.Glass moved to continue the public hearing to March 10, 1987 at

10:30 a.m. or as soon thereafter as same may be heard, leaving open

the public comment portion. Motion was seconded by Mr. McGrath and


SPECIAL SEWER ASSESSMENT PROJECT: PALMA SOLA/BAYVIEW GROVES

PublicHearing,continuedfromFebruary17,1987(Notice in the

Bradenton Herald 1/29/87) was opened to consider

Special Sewer Assessment Project: Palma Sola/

Bayview Groves #301-2504 Exhibit #5

Sewers to be installed:

4th Avenue NW - from 83rd Street West, west 438' M/L

83rd Street NW - from 4th Avenue NW, north 1,550' M/L

84th Street NW - from 4th Avenue NW, north 1,464' M/L

Tom Fenton, Public Works/Transportation, reported there were no

changes to the original assessment roll. He noted a developer of a

30-acre parcel to the east was concerned whether he would be able to

utilize the streets, sewer and pumping station; if the proposed

sanitary sewer and lift station along 83rd Street NW would be deep

enough to provide service to his adjacent property. After meeting

with the developer and the engineers, it had been agreed to change the

scope of the project at no cost to any of the homeowners and no change

to the assessment roll. The change will involve lowering the pipe

along 83rd Street NW and putting in a different type pumping station

at the south end of the project.

Public Comments;

BobHolman,President of Resource Builder and Developers, Inc.,

offered no objections to the assessments on the sewer in that area

provided he is able to use the system for his (30-acre) development.

He submitted a letter from his engineer.

273

274


Upon motion by Mr. Chetlain, seconded by Mr. McGrath and carried

unanimously, a letter addressed to Mr. Bob Holman from Larson

Engineering, Inc., dated February 25, 1987, was entered into the

record.

The public comment portion of the hearing was closed.

Special Sewer Assessment Roll Adopted/Confirmed

Mr.ChetlainmovedadoptionofSpecialSewer Assessment Roll for

Project #301-2504 (Exhibit #5). Motion was seconded by Mr. McGrath

and carried unanimously.

Mr. Chetlain moved adoption of

R-87-36 - A RESOLUTION CONFIRMING ADOPTION OF A SPECIAL SEWER

ASSESSMENT ROLL AND ESTABLISHING SPECIAL SEWER ASSESSMENT LIENS

FOR THE PALMA SOLA/BAYVIEW GROVES PROJECT #301-2504 EXHIBIT #5.

Motion was seconded by Mr. McGrath and carried unanimously.

RECORD S36-380

TRANSIT FARE INCREASES

Public hearing[Notice in The Bradenton Herald 2/20/87) was opened to

consider proposed changes in regular transit fares and handi-bus

rates.

The County Administrator explained that the action being requested of

the Board would allow the transit system to operate at the same

schedule and level as last year, which will require an additional

$56,000 this remaining fiscal year. He advised that a workshop is

scheduled on March 25, 1987 to discuss transit routes and redesign of

the system and suggested the Board might consider allocating the money

to operate the transit system as it is now, and might want to consider

other options during the budget process.

Richard Clarendon, Transit Division Manager, requested

= Authorization for staff to prepare a budget resolution to

transfer $56,000 from contingency funds into the Transit

Division.

= Adoption of Resolution R-87-73, authorizing the Director of

Public Works to increase regular transit fares and handi-bus

rates.

= Authorization for an additional part-time position within the

Transit Division to administer an exterior advertising

position, on a one-year trial basis.

He noted the deadline is April 1, 1987 for filing a grant application

for federal matching funds.

(Note: Further discussion later in meeting.)

SOLID WASTE ADVISORY COMMITTEE

Dr. Gordon Reis, member of Solid Waste Advisory Committee, advised

that at the February 17th meeting of the Committee, he read a proposal

by Florida Glass Corporation to institute the recycling of glass and

metal at the landfill. There has been an objection to this as it may

interfere with the tipping and the covering of refuse/solid waste

material.

He introduced Mrs. Kathy White, Vice-president of Florida Glass

Corporation, and requested she be allowed to review the proposal.

Mr. Fletcher said if the Board desired to receive this proposal as a

future agenda item he would request a motion to that effect. Mr.

McGrath so moved. Motion was seconded by Mrs. Glass.

Upon being advised by Mr. Wilford, that the Solid Waste Advisory

Committee will be bringing a report on recycling which will include

materials mentioned by Dr. Reis, Mr. McGrath agreed both items be

combined on the agenda. Motion carried unanimously.

CITIZEN COMMENTS

Dan Campbell said his contractor's license expired December, 1986 and

the Planning Department had advised that in order to have the license

reinstated, he must take the Block exam. He commented that he has

been a contractor for the last 10 years and did not feel that taking

the exam would serve a purpose.

MARCH 3, 1987 Cont•d

Disposition; Referred to the County Administrator for recommendation.

Angle Lindsey, Superior Roofing, advised that her husband's license

hadexpired due to a two day late fee, and that her husband is on

disability. She requested his license be reinstated.

Disposition: Referred to the County Administrator for recommendation.


Discussioncontinued on proposed Transit Fare Increase; Hiring an

advertising agency/benefits of assigning an in-house person to handle

public relations, advertising; consideration of proposed guidelines as

to type of advertising to be allowed on buses; operating costs;

revenue; comparison of rates with other regions.

Mr. Clarendon noted an error in legal notice for the public hearing:

Handi bus - out of zone charges increase from $1.00 to "$1.00".

Correction: increase from $1.00 to $2.00.

Upon motion by Mrs. Glass, seconded by Mr. Chetlain and carried

unanimously, a letter dated February 26, 1987 concerning the fare

increase was entered into the record.

VICE-CHAIRMAN PRO TEM

TheChairman advised he would be leaving at 12:00 o'clock (noon) and

requested a motion to designate Mrs. Glass as acting vice-chairman in

the absence of Mr. Chance. Mr. McGrath so moved. Motion was seconded

by Mr. Fletcher and carried unanimously.


Public Comments:

Michael Singer, Director of Manatee Council on Aging, speaking on

behalfoithe elderly, objected to change in fare for medical trips

and increase of group rates for senior citizens. He requested the

Board look into the utilization of federal monies for transportation

of the elderly to and from the doctor.

Gwen Myers, West Central Florida Area Agency on Aging, said the

Executive Director would like to meet with the County Commissioners

and HRS regarding medical trips as it relates to the elderly.

Others objecting to rate increases for the elderly/handibus/doctor

trips, etc., were:

Elizabeth Olsen (supported continuing doctor trips on a

contributionBasis); pointed out a safety hazard on the

handibuses (wheelchair bar);

Ruth Culage, Director of RSVP, Manatee Council on Aging;

Marcie Fields.

RECESS/RECONVENE

The meeting was declared recessed until 1:30 p.m.

The Board reconvened at 1:42 p.m. with all members present except Mr.

Chance.


Mrs. Glass noted the concern of the public on medical transportation

and that there is a need to address this particular service. Under

the present structure (handibus/medical) donations made on a voluntary

basis and there are those who cannot afford the cost/change being

considered by the Board.

Motion; Budget Amendment

Mrs.Glass moved to authorize staff to prepare a budget resolution to

transfer $56,000 from contingency into the transportation division

budget. Motion was seconded by Mr. Chetlain.

Mr. Wilford suggested use of $30,600 from Revenue Sharing and $25,400

from contingency.

Revised Motion: Budget Amendment

Mrs.Glassmovedtoauthorizestaff to prepare a budget resolution

transferring $25,400 from Contingency and use of $30,600 Revenue

Sharing funds and transfer (total $56,000) into the Transit Division

Budget. Motion was seconded by Mr. Chetlain and carried unanimously.

275

276


Mrs. Glass inquired as to what could be done about the medical transit

rates for the handibus.

Rich Clarendon recommended that the individual medical transportation

not be included in the rate resolution until it is discussed with the

Area Agency on Aging.

Mrs. Glass moved adoption of Resolution R-87-73 authorizing the

Director of Public Works to increase the regular transit fares and

handibus rates with the exclusion of item No. 2 in the resolution.

Motion was seconded by Mr. Chetlain.

After discussion the motion was withdrawn to allow the public to speak

on items No. 1 to No. 4.

Discussion: Tax Assessment District for Transit purposes.

Public Comments

Mrs.Archibald requested no rate increase and the Board look into

lowering them; advertise goods and services in buses.


Discussion: Incentives for senior citizens to ride the bus.

Mr. Chetlain moved to adopt

_A

i^^_^t R-87-73 A RESOLUTION AUTHORIZING THE DIRECTOR OF THE PUBLIC

^W7'5-, , WORKS DEPARTMENT TO INCREASE REGULAR TRANSIT FARES AND HANDI-BUS

ft^-l^k/^. RATES

with the deletion of Item No. 2 (reference to medically related

handibus trips). Motion was seconded by Mr. McGrath and carried

unanimously.

RECORD S36-381

Mrs. Glass moved authorization of an additional part-time position

within the transit division to administer an exterior and interior

advertising position, on a one-year trial basis, with the idea that

every effort will be made to find some in-house resources. Motion was

seconded by Mr. McGrath and carried unanimously.

ROOFING CODE AMENDMENT

Public hearing[Notice in the Bradenton Herald 2/12, 2/28, 1987) was

opened to consider

R-87-65 RESOLUTION AMENDING SECTION 7 OF THE MANATEE COUNTY

ROOFING CODE SETTING RULES AND REGULATIONS FOR LICENSING ROOFING

CONTRACTORS; PROVIDING FOR AN EFFECTIVE DATE.

Mark Barnebey, Assistant County Attorney, pointed out that the problem

arose when Mr. Weaver requested Board assistance in obtaining a

roofing contractor license on a "grandfathered" basis. After review

of the existing roofing code, staff determined Mr. Weaver's request

could be granted by amending the Code. This amendment essentially

reinstates the grandfathering provision as to the licensing of

experienced roofing contractors, and places the code in the same

position as when originally adopted in June, 1982.

Upon inquiry by Leonard "Shorty" Weaver if,

resolution, he could obtain his license, Mr.

assuming he would qualify under the previous

allow him to get his roofing license.

by the adoption of this

Barnebey responded that,

code, the amendment will


Mrs. Glass moved to adopt R-87-65.

Chetlain and carried unanimously.

Motion was seconded by Mr.

RECORD S36-382

ORDINANCE 87-07: ADULT ENTERTAINMENT ESTABLISHMENTS

ConcerningtheproposedamendmenttoOrdinance 87-07 pertaining to

Adult Entertainment Establishments, Tedd Williams said the County

Attorney had requested the Planning Department conduct a study of

(1) The entire county for the purpose of determining where in the

County adult entertainment businesses could be established if

this ordinance were to go into effect;


(2) Other communities to demonstrate the effects

entertainment establishments in the community.

of adult

He said that as matter of law the results of the study of Manatee

County are needed before the ordinance goes into effect.

Jim Engerlhardt asked permission to establish completion date of this

planning study and report at the next Board meeting.

Mr. Barnebey advised he is working on the language of the proposed

amendment, based on the Hillsborough County Ordinance and this type of

use is currently allowed in any place where there is retail sale

establishments. The proposed amendment will prohibit the uses within

2,000 feet of any residentially zoned land, a church or school and

1,000 feet within a shopping center or similar types of uses.

Mr. Chance moved to authorize a public hearing to consider Ordinance

87-7 establishing land use regulations related to adult entertainment

establishments. Motion was seconded by Mrs. Glass and carried

unanimously.

ORDINANCE 87-14: ASSISTANCE PROGRAM FOR PAYMENT OF SPECIAL ASSESSMENTS

Tedd Williamssummarizedthe provisions ofa proposedordinance that

would establish a program for assistance to home owners who are unable

to pay special assessment liens. He advised that certain special

assessment liens established prior to July 1, 1986, will be due with

ad valorem taxes that must be paid by March 31, 1987, and there are

people who have expressed concern that they will not be able to meet

the deadline, after which the tax bills become delinquent and subject

to tax sale. He pointed out that tax lien certificates may not be

foreclosed for a period of two years and the property owner may redeem

such certificates prior to that time. Costs in addition to the

initial assessment liens, such as interest, penalty, advertising,

etc., will have to be taken into consideration if the program is not

in place prior to March 31.

He said the County Attorney considers this a very complex program that

will require careful consideration, and the County is in danger of

incurring more confusion and expense if it is done before March 31.

He noted there are arguments regarding the constitutionality of the

safety net because of the idea of expending public money for private

benefit.

Discussion; Deadline of March 31; Special Assessment liability not

transferable; definition of who is eligible for assistance.

Pat McVoy, Assistant County Attorney, advised that the special

assessment is due in its entirety at the time of the sale.

Mrs. Glass moved to authorize a public hearing to consider Ordinance

87-14. Motion was seconded by Mr. Chetlain and carried unanimously.

CLERK'S CONSENT CALENDAR

Upon motion by Mr. Chetlain, seconded by Mr. McGrath, the Clerk's

Consent Calendar dated March 3, 1987, was unanimously approved.

BONDS:

Public Deputies Blanket Bond: Policy No. 9397030, Fidelity & Deposit

Company of Maryland (Hunt Insurance Group):

Additions:

Arneson, Mari Lisa

Coker, Pearl

Hague, Charles

Heacock, Travis

Pedersen, Edward

Schill, Gregory

Smith, Holace

Stephens, Homer

Deletions;

Fugate, John

Hagaman, Perry

Herrera, Donna

Pitts, Sherman

Rodney, John

Sizelove, Randall

Stout, Greg

Community Service Aid

Office Assistant I

Patrol Deputy

Relief School Crossing Guard


Corrections Officer

Corrections Officer


Special Deputy (full time MCSO)

Regular Posse

Victim Advocate - CID

Regular Posse

Corrections Officer

Corrections Officer

Chg Leave of Absence to Resignation

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278


BILLS FOR PAYMENT:

Attorney's Fees:

Balance before payment: $370,641.10

Balance after payment: $369,835.24

Carlton, Fields et al - Manatee Memorial Hospital $

Dickinson, O'Riorden, et al - Stephenson v Wagar et al

Fl Dept of Law Enf. - St. Criminal history record ck

APAC-Florida Inc. - Rd Const. Cortez Gardens,Proj#5025

Danis Shook - SW Water Treatment Plant

Danis Shook - SE Water Treatment Plant #10

Larson Engineering - Wash. Park Sewage Collect. No.17

M&M Taddie - Memphis Rd Interceptor system. No. 11

REFUNDS

Betty Glassburn - Child Safety Seat

Margaret Phillips - Child Safety Seat

Ellen Brestel - Ambulance Service Overpayment

Ivan Weidermaier - Ambulance Service Overpayment

H. C. Smith - Animal Cage

Major Walter - Animal Cage

Edwin W. Hartman - Animal Cage

217.11

588.75*

10.00

96,907.30

387,937.00

524,420.10

118,163.43

155,130.09

10.00

10.00

62.00

5.00

20.00

20.00

Edwin W. Hartman - Animal Cage 20.00

Harry & Betty Bakker - Bd of Zoning Appeals/case withdrawn 200.00

John Hatch - P & D case withdrawn (mobile home) 75.00

Amerifirst Development Corporation - P & D fee overpayment 725.00

AUTHORIZE EXECUTION

1. Contract: Work Release Building

Earl Collins Paving, Inc. - Asphalt paving parking area, $17,500;

(authorized2/16/87);acceptance of performance bond (Cincinnati

Ins. Co., surety) and certificate of insurance.

RECORD S36-383

2. Authorization for payment of Taxable Costs to Terrence Matthews,

Esq: (a) State of Fl vs Gary Lee Ladd, $85.00

(b) State of Fl vs Gregory A. Sharp, $306.25.

3. Partial Release of Special Improvement Assessment Lien: Project

#5071, Edward and Anne H. Bardakjy

APPROVE, RATIFY & CONFIRM

1. Parks and Recreation Special Interest Classes Instructor's

Agreement: Susan Poolman - Senior Stretch n Flex

ACCEPTANCE FOR RECORD

1.

RECORD S36-384

EEO Documentation for North Wastewater Facilities Improvements,

West Memphis Sewage Collection System, Bid 87-33, LEI Project No.

031-040-86 - Woodruff & Sons, Inc.

WARRANT LIST:

Approve: February 24, 1987 to March 2, 1987

Authorize: March 3, 1987 to March 9, 1987

MINUTES FOR APPROVAL:

January 6, 7, 13, 15, 20, and 22, 1987

*Included in total payments but inadvertently omitted in list.

(End Consent Calendar)

TOURIST DEVELOPMENT COUNCIL (TDC)

Mrs.GlassaskedtheCounty Administrator and Mr. Seuffert if they

would assist the Tourist Development Council in putting together the

Budget for this year. She noted that the Board has a resolution

delegating responsibilities to the TDC and there were a number of

questions regarding budget procedures, i.e. allocation of

administrative cost.

Discussion: Involvement of County staff in the preparation of the

budget; clarification of Craig Starner's role.

Mr. Seuffert said that during the budget development process, his

office gives technical assistance to anyone who requests it.

Disposition: There were no objections to Mr. Seuffert, Management and

Budget, working with the TDC in the development of budget before

presentation to the County Commissioners.

GREEN BRIDGE

Mr. Fletcher related request by Sandi Harmon, Green Bridge Committee,

for Board's support, and an announcement at today's meeting, of the

dedication of the Green Bridge as the new "Robert L. Hunt Memorial

Fishing Pier", which will take place at noon, Sunday, March 15, 1987.


Upon advice by the County Attorney, Mr. Chetlain moved to authorize

the Chairman to inform Mrs. Harmon that in view of the fact that the

agreement with the State is in dispute, it is premature to take action

at this time. Motion was seconded by Mrs. Glass and carried

unanimously.

MEETING ADJOURNED

There being'n6^ further business, the meeting was adjourned.

. -.,11 * ^'-/ ->"

APPROVED: Attest:

-^^ ___ _

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<^S/^(^-

ChaTrman ^^

279

MARCH 3, 1987 The Board of County Commissioners, Manatee ...

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