BOARD OF COUNTY COMMISSIONERS
PORT AUTHORITY
CIVIC CENTER AUTHORITY
COMMUNITY REDEVELOPMENT AGENCY
Manatee County, Florida

Manatee County Administrative Complex
Commission Chambers - First Floor - 1112 Manatee Avenue West
Bradenton, Florida 34205

Commission Office: (941) 745-3700
Commission Fax: (941) 745-3790
County Information Line: (941) 714-7114


PLEDGE OF PUBLIC CONDUCT
! WE MAY DISAGREE, BUT WE WILL BE RESPECTFUL OF ONE ANOTHER
! WE WILL DIRECT ALL COMMENTS TO ISSUES
! WE WILL AVOID PERSONAL ATTACKS


- AGENDA -

9:00 A. M. - REGULAR MEETING - November 16, 2004


MEETING CALLED TO ORDER:
INVOCATION:
 
 
PLEDGE OF ALLEGIANCE
Chairman Jane von Hahmann
Rev. Herb McMillian,
First Church of the Nazarene


OATH OF OFFICE - COUNTY COMMISSIONERS

    The Honorable Edward Nicholas, Circuit Court Judge, will administer the Oath of Office to:

      AMY E. STEIN, District 1
      JANE W. von HAHMANN, District 3
      DONNA G. HAYES, District 5
      JOE McCLASH, District 7


Citizen's Comments


COMMENTS SHOULD BE LIMITED TO TWO MINUTES PER PERSON AND SHOULD CONCERN BUSINESS WHICH MAY, IF APPROPRIATE, BE PLACED ON A FUTURE AGENDA



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.


CLERK OF CIRCUIT COURT

  • Clerk's Consent Calendar: Approval

PROCLAMATIONS

  1. Retired Educators Day - November 21, 2004
  2. Southeastern Guide Dogs
  3. World AIDS Day 2004 - December 1, 2004

ADMINISTRATOR

  1. The Conservatory - Adopt Resolution R-04-293 accepting grant from Florida Communities Trust for acquisition of the property under the Florida Forever Program; authorize County Administrator to execute grant award agreement and related documents regarding this acceptance*
  2. Terra Ceia Land Acquisition - Authorize Chairman to sign letter to State Acquisition and Restoration Advisory Council supporting the acquisition of parcels in the Terra Ceia Aquatic Buffer Preserve under the Florida Forever Program
  3. Youth Hunt at Duette Park - Waive standard fees to participants for event on November 20-21, 2004

ATTORNEY

    ATTORNEY

  1. Eminent Domain: 57th Avenue East/West (Parcel 181) - Approve settlement with Henry Eldon and Olive Eldon relative to experts' fees and litigation costs, Manatee County v. Morgan Anderson Corporation, et al., Case 2003-CA-2048
  2. Heritage Harbour Wetland Impact - Find that Wetland UU can be impacted given the applicant has demonstrated avoidance and minimization with regard to Wetland UU, and the impacts to all wetlands will remain below 29.34 acres projected in Table 13S-4 of the Development Order
  3. Lobbying Services - Accept proposal for Legislative and Executive Lobbying services for FY 2004 05 from Cari L. Roth and the firm of Bryant, Miller and Olive, P.A.

COMMUNITY SERVICES

  1. Americans With Disabilities Act (ADA) Assessments - Execute agreement with Manasota ARC, a non-profit agency, providing for ADA assessments for the Transit Division
  2. Children's Services Funding - Execute FY 2004-05 Children's Services Dedicated Millage agreements (8) with CareNet, Easter Seals of Southwest Florida, Family Network on Disabilities, Infants and Young Children of West Central Florida, Junior Achievement, Manatee Opportunity Council, and Volunteer Services of Manatee County
  3. Construction Loan Agreement - Execute agreement with Maria Gonzalez to provide HOME/SHIP funding assistance for reconstruction of single-family home
  4. Construction Loan Agreement - Execute agreement with Angela Tyson Redmon to provide HOME/SHIP funding assistance for reconstruction of single-family home
  5. Construction Loan Agreement - Execute agreement with Charles and Beatrice Ziegler to provide HOME/SHIP funding assistance for reconstruction of single-family home
  6. Drug Court Residential Treatment - Execute funding agreement with Manatee Glens Corporation for residential treatment services administered under the Edward Byrne State and Local Law Enforcement Assistance Formula Block Grant Program
  7. Federal Transit Administration (FTA) Assistance Programs - Authorize Chairman to sign Federal FY 2005 certifications and assurances for FTA assistance programs; authorize Board Records to electronically submit authorizations
  8. Medical Examiner Budget - Authorize Chairman to sign letter to Sarasota County approving the District 12 Medical Examiner FY 2004-05
  9. Non-Profit Agency Funding Agreements - Execute FY 2004-05 agreements (6) with Manasota ARC, Mana-Sota Lighthouse for the Blind, Mote Marine Laboratory, Our Daily Bread, Women's Resource Center, and Legal Aid of Manasota
  10. State Housing Initiative Partnership (SHIP) Program - Execute amendment to non-profit agency agreement with Manatee Coalition for Affordable Housing
  11. Transit Development and Transportation Disadvantaged Plan - Execute Amendment One to agreement with University of South Florida to extend agreement to December 31, 2004, at no additional cost to Manatee County

CONVENTION AND VISITORS BUREAU

  1. Tradeshow - Approve expenditure to reimburse Martina Rudek, Wedebrock Real Estate/Rentals, to attend Messe Stuttgart tradeshow in Germany, January 8-22, 2005

FINANCIAL MANAGEMENT

  1. 800 Megahertz Radio Towers and System Upgrade - Execute Addendum Number One with M/A-COM, Inc., to incorporate various changes associated with allowing the Manatee County School Board to locate communications on the County's radio tower
  2. Budget Amendment Resolution - Adopt Budget Resolution B-05-010
  3. Buffalo Creek Park Improvement Project - Execute Change Order 2 to Work Assignment 1 with Wade-Trim, Inc., for architectural/engineering services (increase)
  4. Development of Regional Impact (DRI) and Large Project Review - Execute Addendum 1 for professional services with Englehardt, Hammer & Associates, Inc., Miller Legg & Associates, Inc., Post, Buckley, Schuh & Jernigan, Inc., Renaissance Planning Group, and Wade-Trim, Inc., (extension)
  5. Electronic Patient Information System - Execute Addendum 2 with HealthWare Solutions, LLC, to provide for purchase of additional system software/hardware
  6. Emergency Electrical Repair of Water Treatment Plant - Approve, ratify, and confirm limited competition with Windemuller Technical Services for electrical repair of the water treatment plant; and acceptance of insurance certificate
  7. Emergency Repair of Influent Structure - Approve, ratify, and confirm limited competition with Beach Construction Company, Inc., for emergency repair at the Southwest Regional Wastewater Treatment Plant; and acceptance of insurance certificate
  8. Environmental Monitoring and Reporting - Execute Change Order 4 to Work Assignment 5 with Post, Buckley, Schuh & Jernigan, Inc., to provide for professional engineering services related to monthly monitoring and reporting on the Lena and Erie Road Landfills
  9. Golf Course Renovations - Execute Change Order 1 to IFB 02-3100DC with D.E. Murphy Constructors, Inc., (decrease, extension)
  10. Mail Handling Services - Execute Addendum Number One with Access Mail Processing (extension)
  11. North Coquina Restroom Pavilion - Execute Change Order 1 to IFB 03-8281DC with DeLesline Construction, Inc. (increase, extension)
  12. Photogrammetric Mapping Services - Execute Addendum 3 with Aerial Cartographics of America, Inc., I.F. Rooks & Associates, Inc., and Woolpert LLP (extension)
  13. Roadside Ditch Culvert (17th Avenue Northwest and 99th Street Northwest) - Award IFB 04-3631RR to Westra Construction Corporation for construction of a stormwater drainage system; subsequent execution of contract with simultaneous dating of performance/payment bonds and acceptance of insurance certificate
  14. Rowlett Elementary School Sidewalk Project - Execute Change Order 2 to Work Assignment 99-35 with Wade-Trim, Inc., for engineering services
  15. Sewer Line and Manhole Repair - Approve, ratify, and confirm limited competition emergency repair at S.R. 70 near 15th Street East with Westra Construction, Inc.
  16. Software Maintenance Support - Authorize sole source purchase for Public Safety Computer Aided Dispatch and Sheriff's Office Records Management from Intergraph Public Safety, Inc.
  17. Terra Siesta Lift Station - Execute Change Order 2 to IFB 03-7996BS with RTD Construction, Inc. (decrease, extension)
  18. Trailer Estates Sewer Improvements - Award IFB 04-1660RR with P.M. Construction & Rehab, L.P., for rehabilitation of existing sewer system; subsequent execution of contract with simultaneous dating of performance/payment bonds and acceptance of insurance certificate
  19. Video Surveillance System Upgrade - Enter into negotiations with Sonitrol of Sarasota to provide updated video surveillance system including design and installation
  20. Walking Excavator - Authorize purchase of one Menzi Muck A91 4x4 walking excavator from Menzi USA Sales, Inc.
  21. Waste Tire Removal Services - Execute Change Order 1 with Quicksilver Recycling Services (increase)
  22. Whitfield Estates Water Distribution Improvements - Award IFB 04-3154RR to Stately Contractors, Inc., for construction of Phase 2 water distribution improvements; simultaneous dating of performance/payment bonds and acceptance of insurance certificate

PARKS AND RECREATION

  1. Equipment Fee Waiver - Waive rental fee of one umpire chair for IMG Academies
  2. Golf Course Fee Schedule and Policy - Adopt Resolution R-04-292, rescinding R-03-237, and establishing the golf course fee schedule and policy for FY 2004-05, providing a rate increase for golfing fees for Manatee County and Buffalo Creek Golf Courses
  3. Race Facility - Authorize conversion of one of the existing basketball courts at John H. Marble Park to provide a permanent race facility for Thunder Racing (radio control car racing club)

PLANNING

  1. Community Development Block Grant (CDBG) Agreement - Execute CDBG funding agreement and Land Use Restriction Agreement with Meals on Wheels PLUS
  2. Final Plat: Cascades at Sarasota, Phase II - Approve, execute, and record
  3. Final Plat: EMA Estates - Approve, execute, and record
  4. Final Plat: Greenbrook Village, Subphase KK, Unit 1 aka Greenbrook Banks - Approve, execute, and record

PUBLIC SAFETY

  1. Law Enforcement Services - Execute Interlocal Agreement with City of Holmes Beach to provide services at Kingfish Boat Ramp and Manatee Public Beach

TRANSPORTATION

  1. AmSouth Bank/CVS Drug Store - Accept and record Warranty Deed from Sembler E.D.P. Partnership #21, Ltd., required for additional right-of-way conveyance on S.R. 64 East and Lakewood Ranch Boulevard; Flowage Easement; Conservation Easement; Affidavit of Ownership and Encumbrances; Partial Release; Warranty Deed from AmSouth Bank; Affidavit of Ownership and Encumbrances
  2. Forest Products - Accept and record Warranty Deed from Forest Products Supply, Inc., required for future widening and improvement on Whitfield Avenue, east of new U.S. 301 on Whitfield Avenue; Conservation Easement; Affidavit of Ownership and Encumbrances
  3. Lorraine Road Extension - Accept and record Warranty Deed from Lakewood Ranch Community Development District 5 required for dedication of a portion of Lorraine Road, south of S.R. 70 between Players Drive to just south of the Siena/Parcel 233 Subdivision; Affidavit of Ownership and Encumbrances
  4. Maddox Commercial Building - Accept and record Drainage Easement from Bobby R. Maddox required for access, construction, and maintenance of surface and/or underground drainage off S.R. 70, Myakka City; Conservation Easement; Affidavit of Ownership and Encumbrances; Joinder
  5. Orlando Avenue - Execute Contract for Sale and Purchase for a Temporary Construction Easement from David s. Appleby for right-of-way improvements, parcel 712
  6. Sagamore Estates - Execute and record Corrected Deed to Stephen R. Covey and Sherry Covey to correct legal description of previously recorded deed required as part of settlement agreement for a proposed park site and for conveyance of certain properties located along 36th Avenue West (Flamingo Drive)
  7. Sonic/Boyz-n-Burgers - Accept and record Utility Easement from Boyz-n-Burgers required for public utility facilities located on 18th Street East, Ellenton, south of U.S. 301 North/west of 60th Avenue East; Affidavit of Ownership and Encumbrances; Joinder
  8. Visiting Nurse - Accept and record Warranty Deed from Visiting Nurse Association of Florida, Inc., required for dedication of additional right-of-way on Manatee Avenue West, east of 39th Street West; Drainage Easement; Affidavit of Ownership and Encumbrances; Partial Release; Joinder
  9. Whitfield Estates Phase I Waterline Project - Accept and record Right of Entry Easements (12) required for the waterline and meter replacement project in Whitfield Estates Subdivision
  10. Whitfield Estates Phase II Waterline Project - Accept and record Right of Entry Easements (17) required for the waterline and meter replacement project in Whitfield Estates Subdivision

UTILITY OPERATIONS

  1. Millbrook Subdivision Reclaimed Water Project - Approve reclaimed water line extension project currently included in CIP and approved for Southwest Florida Water Management District funding
  • 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)



Awards, Presentations & Proclamations


PROCLAMATIONS (Approved with Consent Agenda)

  • Retired Educators Day - November 21, 2004
  • World AIDS Day 2004 - December 1, 2004

HUMAN RESOURCES

  1. Heroism Award - Present to Diana Vennera, Suzie Dobbs, Nancy Ragland, and Enid Rosario, Community Services Department, in recognition for outstanding service to Manatee County

TRANSPORTATION

  1. 2004 Mechanic of the Year - Present plaque to Luis Villalobos, Sr., Senior Fleet Technician, Fleet Services Division, in recognition of being selected as Florida Public Transportation Association's 2004 Mechanic of the Year
  2. FASTER 2004 Hero Award - Present plaque to Fleet Services Division staff in recognition of award from CCG Systems, Inc.

Manatee County Port Authority
Amy E. Stein, Chairman
Patricia M. Glass, First 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


REFER TO THE PORT AUTHORITY AGENDA


Civic Center Authority
Gwendolyn Y. Brown, First Vice Chairman


NOTHING SCHEDULED


Manatee County Community Redevelopment Agency
Ron Getman, Chairman
Gwendolyn Y. Brown, First Vice Chairman


14th STREET WEST

NOTHING SCHEDULED


SOUTH COUNTY

NOTHING SCHEDULED



Advisory Board/Committee Appointments


PUBLIC SAFETY

  1. Animal Services Advisory Board - Appoint one person
  2. Code Enforcement Board - Appoint three members
  3. Nuisance Abatement Board - Appoint two members


Advertised Public Hearings
9:00AM or as soon thereafter as same may be heard
SWEARING IN OF STAFF AND PUBLIC WHO WILL GIVE TESTIMONY


Advertised Public Hearings - Presentations Upon Request
Item 69


PROJECT MANAGEMENT

  1. 29th Street East Road Assessment Project - Public hearing continued from October 19, 2004; continue public hearing indefinitely
  • RECOMMENDED MOTION: I MOVE TO APPROVE THE PRESENTATIONS UPON REQUEST AGENDA INCORPORATING THE LANGUAGE AS STATED IN THE RECOMMENDED MOTIONS IN THE AGENDA MEMORANDA (AS MAY HAVE BEEN AMENDED IN THE SUPPLEMENTAL AGENDA).

Advertised Public Hearings - Presentations Upon Request
Items 70-71


UTILITY OPERATIONS

  1. Ordinance 04-078 - Special Assessments - Adopt Ordinance 04-078, amending subsection 2 2-51(a), of the Code of Ordinances of Manatee County*
  2. Resolution R-04-281 - Potable Water and Wastewater Rates - Adopt Resolution R-04-281, amending R-04-206, to include changes to administrative language and fees in Articles IV, VIII, and XI, Section 6.f*

REGULAR AGENDA


Departmental Reports

ADMINISTRATOR

  1. Federal Aid for Beach Renourishment - Report and approval of letter to U.S. Army Corps of Engineers accepting emergency federal aid for restoring hurricane loss of beach sand from Anna Maria Island beach renourishment project, including simultaneous restoration of sand losses in City of Anna Maria portion as may be accomplished with FEMA storm reimbursement
  2. Hidden Harbour Property/Due Diligence Inspection Period - Discussion of due diligence activities related to Hidden Harbour acquisition*

PUBLIC SAFETY

  1. Code Enforcement Liens - Accept/reject offer by Victoria Dube to compromise code enforcement liens in Case Numbers CE2002060299 and CE2003120089; authorize Public Safety Director to sign release of liens


Other County Business


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 take action on any matter during this meeting, including but not limited to, those items as set forth within this agenda. The Chair at his/her option may take business out of order if he/she determines that such a change in the agenda's schedule will expedite the business of the Commission.
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 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.
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