APRIL 17, The Board of County Commissioners, Manatee County, Florida, met. in REGULAR SESSION in the Courthouse, Bradenton, Florida, Tuesday,

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1 APRIL 17, 1984 The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Courthouse, Bradenton, Florida, Tuesday, April 17, 1984 at 9:07 a.m. Present were Commissioners: Edward W. Chance, Chairman Westwood H. Fletcher, Jr., Vice-chairman Kent G. Chetlain Patricia M. Glass Vernon E. Vickers Also present were: Keith Roberts, County Attorney Robert F. Pernandez, County Administrator Donald E. Barry, Assistant to the Clerk, representing R. B. Shore, Clerk of Circuit Court Representing the various news media were Nick Mason, The Bradenton Herald; Tom Tryon, Sarasota Herald-Tribune; David McKeever, WBRD; Dave Bristow, Channel 40, and others who entered during the meeting. Invocation by Edward W. Chance. The meeting was called to order by Chairman Chance. PROCLAMATIONS Upon motion by Mr. Fletcher, seconded by Mrs. Glass, a proclamation was unanimously adopted designating the week of April 22-28, 1984, as "Professional Secretaries Week" in Manatee County. RECORD PROCLAMATION S Upon reotiott by Mr. Fletcher, seconded by Mr. Chetlain, a proclamation was unanimously adopted designating April 26, 1984 as "Confederate Memorial Day". RECORD PROCLAMATION S OLD TAMPA ROAD/ALIGNMENT Upon motion by Mr. Fletcher, seconded by Mrs. Glass, action regarding Old Tampa R a<s Alignment was deferred t April 24., Motion carried SARASOTA-BRADENTOW AIRPORT; EXPANSION PROJECT Larry Prazier./Planning Director, submitted a staff analysis of the Tampa Bay Regional Planning Council Draft Environmental Assessment Report on the Sarasota-Bradenton Airport Proposed Expansion Project. He also presented Eor the Chairman's signature a letter to the Intergovernmental Coordination and Review Committee of the Tampa Bay Regional Planning Council submitting the County's comments on the report. Mr. Fleteher moved to approve the analysis by staff, approve the letter to the Intergovernmental Coordination and Review Committee of TBRPC with regard to the expansion project at the Sarasota-Bradenton Airport, authorize the Chairman to sign, and have the letter read into the recorcf at the public hearing scheduled for April 19, Motion was seconded by^mrs. Glass and carried SPECIAL PERMITS: APPROVAL PROCESS Mr.Fraeiet?recommendedthatan appeals prooess be developed for issuance of Special Permits on applications which stop at the Planning Commission level and submitted a profile of recommended special uses which would-, remain with the Board of County Commissioners. There was discussion regarding Board approval of controversial issues and certain specific special uses; expediting approval of routine items by limiting approval to th«planning Commission, permits being approved by individuals other than elected officials, and notification of adjacent property owners regardless of the level of approval. 473

2 474 The Chairman recommended that staff be authorized to proceed with the proposal after which a work session would be scheduled to discuss any areas which require further consideration. Mrs. Glass moved that staff be directed to implement changes to the appropriate Ordinance Sections including development of an appeals process. Motion was seconded by Mr. Chetlain and carried CRIMINAL JUSTICE ADVISORY BOARD Mrs. Glass moved to appoint Commissioner Vernon E. Vickers and local Police Chief (Bradenton) Charles B. Wells to the Criminal Justice Advisory Board. Motion was seconded by Mr. Chetlain and carried TANDEM TRAILER TRUCK ROUTES Motion was made by Mr. Fletcher, and seconded by Mr. Chetlain, to adopt resolution R-84-52: A RESOLUTION ESTABLISHING TANDEM TRAILER TRUCK ROUTES IN MANATEE COUNTY (providing access to the Whitfield Industrial Park area). Voting "Aye" were Mr. Fletcher, Mr. Chetlain and Mr. Chance. Voting "No" were Mrs. Glass and Mr. Vickers. Motion carried. RECORD RESOLUTION S OLD MAIN STREET DAY Motion was made by Mrs. Glass to authorize the Chairman to sign a letter to Bob Turner, Chairman of "Old Main Street Day", approving request to use the Courthouse lawn on Saturday, May 5, Motion was seconded by Mr. Chetlain and carried COUNTY ADMINISTRATOR'S CONSENT AGENDA Upon motion by Mrs. Glass, seconded by Mr. Chetlain, the County Administrator's Consent Agenda dated April 17, 1984, was unanimously approved. Items APPROVED included: CENTRAL SERVICES 1. Utilities: a. Earth Mover, 15 -yard pan - Award to Rozier Machinery, 6-month rental, $38,080. b. Lock Box Service - Enter into agreement with Barnett Bank for direct payment. 2. Transportation: Florida Power & Light - Relocation of two trans mission guy poles on 53rd Avenue West, $10,910, by sole source. DEEDS/EASEMENTS 1. Manatee Avenue West - Warranty Deed from The County Bank 2. Canal Road (Sylvan Oaks Development) - Utility Easement from Duane J. Sorenson 3. Braden Avenue (Ballentine Manor, Bay Heights Section) - Utility Easementfrom Thomas J.&FrancesBeimborn(ref.Street Vacation 84-V-8). TRANSIT Contract with Florida Health & Rehabilitative Services for period 4/15/84-9/30/84(transportation services to Vocational Rehabilitational clients attending Happiness House Rehabilitation Center, Inc and Goodwill-Manasota, and other vendors). RECORD; CONTRACT FILE ^555 CIVIC CENTER Adoption of R-84-55; Resolution Approving Contract for Bid Package #18 - Electrical, Between Manatee County Civic Center Authority and Hamilton Electric, Inc., $723,500. RECORD RESOLUTION RECORD: CONTRACT FILE S

3 CORRESPONDENCE - Acknowledged from: a. Senator Lawton Chiles -Submitting response from Corps of Engineers to his inquiry regarding redesignating a disposal site for Tampa Harbor Deepening Project. b. Manatee Chamber of Commerce - Resolution urging careful disbursement of total allocation of funds for Tampa Harbor Deepening Project to provide for monitoring. c. Federation of Manatee County Community Associations -Recommending enactment of Transportation Impact Pee for road projects. d. League of Women Voters - Supporting passage of Wetlands Protection Act of e. Federal Emergency Management Agency - Expressing concern regarding Flood Plain Management Variances. f. City of Holroes Beach - Resolution supporting court action to require Manatee County to correct imbalance between taxes paid by residents of municipalities and other areas of the county and the services received. g. Bradenton Deaf Club - Appreciation for use of County bus to/from Tampa for National Theatre of the Deaf Performance. h. John A. We icjiej^ - Letter and petition in favor of opening road and bridge on 36th Avenue West to public use (facility built by Cedar Hammock Fire Department). Discussion was held on correspondence pertaining to enactment of the Transportation Impact Fee for road projects, and the Tampa Harbor Deepening Project. (End Consent Agenda) GUN PERMIT (BOWLEY) Upon mo.tioo by Mrs. Glass, seconded by Mr. Fletcher, Resolution R was unanimously adopted authorizing the issuance of a permit to carry a concealed pistol for Dean Wendell Bowley, 6904 Manatee Ave. W., #39C, Bradenton Smith & Wesson Model 469, Serial #A MM (Ohio Casualty Insurance Company, two years) RECORD RESOLUTION S TH STREET PARK SUBLEASE The County Attorney submitted an Intergovernmental Sublease of Community Education Facilities (59th Street Park) with the School Board of Manatee County. The County is designated as the lessee under the lease between the County and the City of Bradenton dated June 14, 1978, in connection with the development by County of a public park and recreation area in accordance with a preliminary plan approved by the City and County. He explained that the sublease explicity recognizes that the County has a pending grant request seeking matching funds for the development of the facilities and provides that the School Board will have priority us of those facilities. It was pointed out that the City of Bradenton has shown objection to this park project; however, the Mayor had indicated he would approve the project if the County releases approximately 40 acres from the lease agreement. Mike Pascuzzi/ Parks and Recreation Director, advised they are willing to comply with the City's request which will not jeapordize receipt of the grant funds. Discussion included the possibility of the City operating the facility. County obtaining written concurrence of the City prior to approving the sublease, the importance of recreational programs in the community, etc. (Depart Mr. Chance; Mr. Fletcher presides) It was recommended that the matter be discussed with representatives of the City to consolidate efforts in pursuing the project. Recess/Reconvene. All members present. 475

4 476 Motion was made by Mr. Vickers, and seconded by Mr. Chetlain, to authorize execution of the lease agreement with the School,Board for 59th Street Park. Voting "Aye" were Mr. Vickers, Mr. Chetlain and Mr. Chance. Voting "No" were Mrs. Glass and Mr. Fletcher. Motion carried. RECORD: CONTRACT FILE 2557 TARA LTD.: WASTEWATER SERVICES The County Attorney submitted a proposed Wastewater Facilities Agreement with TARA, LTD., which provides for satisfaction of TARA's obligation for Facility Investment Fees for 600 units by advance payment of $350,000 and assumption of the obligation to provide for its own effluent disposal; other terms provide for services to additional units. Upon question, he stated Bond Counsel concurred with the general concept of the agreement as it relates to adjustment of facility investment fees. Mr. Fletcher recommended that the word "reasonable" on page 5, line 11, be deleted. Dewey Dye, Attorney representing TARA, LTD., stated no objection. Discussion followed regarding the provision in the agreement that TARA may satisfy its obligation for up to 746 additional project units by advance payment of 70 percent of the prevailing Facility Investment Fee, giving consideration to utilizing the Municipal Service Taxing Unit concept, etc. Motion was made by Mrs. Glass, and seconded by Mr. Fletcher, to authorize execution of agreement with TARA, LTD., for the provision of wastewater treatment service and effluent disposal obligations as presented today with the deletion of the word "reasonable" on line 11, page 5. Voting "Aye" were Mrs. Glass, Mr. Fletcher, Mr. Vickers and Mr. Chance. Voting "No" was Mr. Chetlain. Motion carried. RECORD: CONTRACT FILE 2558 CLERK'S CONSENT CALENDAR Upon motion by Mrs. Glass, seconded by Mr. Chance, the Clerk's Consent Calendar dated April 17, 1984, was unanimously approved as follows: BONDS: Approve: Pursley, Inc. - DWP #11699 $ Mike Keller - DWP # David Slentz - DWP # Release: Keith Armburst - DWP # BILLS FOR PAYMENT^ Carr & Noah, Inc. - Myakka City Maint. Facility 2/25-3/35/84 8, Myakka City Maint. Facility 1/25-2/25/84 33, Inter Bay Const. - Anna Maria Relief Water Line/Req.#4 130, Ramey Cone - Option to Purchase Borrow Pit 5, Marcus Myers - Firearms Competency/Harold Wilkins Firearms Competency/Dean Bowley Larson Engineering - Coquina Barge & Boat Ramp Facility 1, Manatee Co. Civic Center - Mechanical, Inc. - Invoice Blalock, Coleman, Landers & Walters - Prof. Service Various Matters Prof. Service/Gateway Florida Steel Corp. - Inv. #243158, & , Ardaman & Assoc. - Inv. #17727, & , Aquatite Concrete - Inv. #17727, 17730, 17734, , 17744, 17747, 17750, 17753, 17759, 17761, 17765, 17770, 17771, & , Ellerbe Architects & Eng., Inc. - Paymt. Appl. #25 34, Smith Aerial - Re-Prints/Inv. # E.S. Des Champs, III & W. Stuart Gregory - April Rent Federal Const. Co. - Req. #11 43, Refunds; Joe Rowland - Release Animal Cage Deposit R. D. Keever - Release Animal Cage Deposit 20.00

5 Warrant List: Approve: Authorize: April 10, 1984 to April 16, 1984 April 17, 1984 to April 23, 1984 Accept: 1. Florida Power & Light Company Subsidiaries: Consolidated Financial Statements for 82/83 (Re: Industrial Revenue Devel6pment Bonds) 2. Comprehensive Annual Financial Report, Attachment P and the Management Letters and Responses of the Board of County Commissioners, Manatee Memorial Hospital, Manatee Port Authority and all the Constitutional Officers. (September 30, 1983) 3. Fully executed agreement: Community Development Block Grant; Jobs Impact Program(appr.2/14/84) Authorize Chairman To Sign: ' Satisfactions of Judgment (Attorneys' fees): Bernard Braswell - James Harris - Michael Crawford Minutes For Approval: February 21, 23, 28 and March 6, 1984 March 8, 13, 20 and 22, 1984 BEKER PHOSPHATE CORPORATION: APPEAL OF DRI DECISION The County Attorney reported that Beker Phosphate Corporation has appealed the DRI (Development of Regional Impact) decision relating to transportation of phosphate via truck which is pending before the Governor and Cabinet. He requested authorization to prepare a recommendation concerning retention of Tallahassee Counsel to assist in presentation of the County's case concerning Beker's appeal. Following suggestions that the Board consider retaining counsel familiar with the process of government and land use matters, Mr. Flet^hfer recommended the Department, of Community Affairs also participate with County in the DRI appeal. Mr. Fletcher moved that staff be directed to consider additional legal representation by a Tallahassee firm in the DRI Administrative Appeal which is pending before the Governor and Cabinet, and report back to the Board. Motion was seconded by Mr. Chetlain and carried " Motion was made by Mr. Fletcher, and seconded by Mr. Chetlain, that staff pr-epare a resolution for the Board's consideration requesting the Department of Community Affairs' participation on behalf of the County in this DRI Administrative Appeal pending before the Governor and Cabinet. Motion carried McCOLLUMS LAKE. SUBDIVISION - Jeannette EdwStrds, th Avenue Drive West, submitted a petition from individuals who do not wish to participate in the paving of roads in McCollufflS Lake Subdivision at 100 percent cost to the property owners.» BUILDING PERMITS; PROCESS FOR ISSUANCE Mr. Viewer's, in noting that the Planning Department is not authorized to issue building permits for a single-family dwelling on a non-county maintaine-d road prior to approval by the Board, pointed out that the Planning and Highway Departments concur that issuance of permits upon receipt Of th» application w uld greatly reduce the time involved in the issuance procedures. The matter vfaa referred to the County Administrator and staff for recommendations. MEETING-ADJOURNED There being no further business, the meeting was adjourned. / Attest: / APPROVED: fi»*^0>>^j^pyjduluta -,-ej.eyk Chairman ^/^/^ Adj: 11:48 a.m. 477