OCTOBER 1, ,,' -^ ^ r -^, The Board of County commissioners, Manatee County, Florida, met

Transcription

1 334 OCTOBER 1, 1981,,' -^ ^ r -^, The Board of County commissioners, Manatee County, Florida, met in SPECIAL SESSION^i.n the"courthouse, Bradenton, Florida, THURSDAY, OCTOBER at-' ^ a.m. < \ ' Present were Commissioners: Patricia M'. -Glass, Chairman Vernon E. Vickers, Vice-Chairman Claude E. McGavic Westwood H. Fletcher, Jr. Edward W. Chance Also present were: E. N. Fay, Jr., County Attorney Don Barry, Assistant Clerk of Courts, representing R. B. Shore, Clerk of Circuit Court Representing the various news media were Libby Ailison.'The Sarasota Herald-Tribune; Judd Magrin, Sarasota Herald-Tribune; Kevin Bezner, The Bradenton Herald, and others who entered during the meeting. The meeting was called to order by Chairman Glass. COASTAL MANAGEMENT PROGRAM GRANT APPLICATION Charles Hunsicker, Utilities Department, reported that the Department of Environmental Regulation will be receiving certain federal funds for the implementation of State Coastal Management Programs and is accepting grant applications from local governments, regional planning councils, port authorities and water management districts. The grant will require a twenty percent cash or in-kind matching share from the local governments. Staff has determined that studies being conducted at the Manatee River are fundable projects under this grant, and requests Board concurrence to proceed with application for any available funds. Mr. Fletcher moved that staff be authorized to proceed with the grant application as outlined in the memorandum of September 1, 1981, (State of Florida Department of Environmental Regulation), and authorize the Chairman to sign. Motion was seconded by Mr. Chance and carried SANITARY LANDFILL/SCHROEDER-MANATEEE Mr. Vickers advised he was able to obtain a verbal agreement from a representative of Schroeder-Manatee regarding the extension of the (Lena Road) landfill lease, and that formal documents will be received at a later date. PLANNING COMMISSION The County.Attorney^ was instructed to investigate the Special Act to determine whether' the Board has authority to dismiss an appointed member from the Planning Commission. His recommendations will be considered by the Board on Tuesday, October 6, The County Attorney recited the Board's responsibilities in regards to zoning and the criteria to be taken into consideration when making a determination. Recommendations of the Planning Commission were submitted by Carol Clarke. Z RICHARD McCONNELL - APPROVED Request: To change present zoning from R-1A to PR on.51 acre at northwest corner of 24th St W and 57th Ave W. Planning Commission recommended APPROVAL to PR.

2 OCTOBER 1, 1981 Cont d Public hearing was opened for the purpose of considering amendments to the official Zoning Atlas. Z Planning Commission recommended APPROVAL to PR. THE OFFICIAL ATLAS OF MANATEE COUNTY 81-4, THE MANATEE COUNTY COMPREHENSIVE AND LAND DEVELOPMENT CODE. RELATING TO WITHIN THE UNINCORPORATED AREA OF MANATEEE COUNTY; PROVIDING FOR THE RE OF CERTAIN LAND FROM R-1A (ONE FAMILY RESIDENTIAL) DISTRICT TO PR (PROFESSIONAL OFFICE) DISTRICT; PROVIDING AN EFFECTIVE DATE. (Notice published in the Bradenton Herald, September 4, 1981) There were no public comments. Mr. Fletcher moved to adopt Ordinance Z Motion was seconded by Mr. Chance and carried Z CARL AND DORA SHEPARD - APPROVED '" " Request: Zoning change for two contiguous parcels of land (6.06 acres) at st Street E., to C-2. One parcel of.91 acre (de-annexed by the City) has no zoning and one parcel of 5.15 acres has current zoning of M-2. Planning Commission recommended APPROVAL to C-2. Z-81-41: AMENDING THE OFFICIAL ATLAS... PROVIDING FOR THE RE OF CERTAIN LAND FROM "NO " AND M-2 TO C-2; PROVIDING AN EFFECTIVE DATE (Notice Published in The Bradenton Herald September 10, 1981) Mr. Chance disclosed that he has a horse in the stable within the property of Carl and Dora Shepard on the commercial C-l section, (which is not in the land being considered in the zoning Atlas Amendment), and will not benefit from the zoning change. Mr. Vickers drsclosed that he also has a small horse on the adjacent property, and the granting of this zoning amendment will not benefit him in any way. There were no public comments. Mr. Vickers moved to adopt Ordinance Z Motion was seconded by Mr. McGavic and carried The public hearing remained open to.consider special permits: _ s <-';-., --. SP CARL & DORA SHEPARD - FLEA MARKET - APPROVED Request: A special permit to allow a flea market on 19.5 acres at 1811 First St. E. Planning Commission recommended APPROVAL with stipulations that applicant conforms to all aspects of the Florida Administrative Code with respect to sanitation, sewage disposal, and water supply. (Notice published in The Bradenton Herald September 10, 1981) Mr. Vickers moved for approval of SP subject to the conditions outlined by the Planning Commission that the applicant conforms to all aspects of the Florida Administrative Code with respect to Sanitation, sewage disposal, and water supply. Motion was seconded by Mr. Chance and carried SP Zori-^: r, SP MANASOTA MEMORIAL PARK - FUNERAL HOME - CONTINUED Request:SpecialPermit to allow a funeral home on 1.1 acres 5300 U.S. 301 East, Oneco. (R-2 Zoning District) Planning Commission recommended APPROVAL. By memorandum dated September 30, 1981, Staff recommended deferral. (Notice published in The Bradenton Herald September 10, 1981) 335

3 33C Carol Clarke advised that the Planning Commission recommended approval of the petition in its meeting of August 19, 1981, but due to oversight the question of inconsistency with the land element of the Manatee Plan was not reviewed by the Commission at that time. She referred to letter from Al Cogan, Zoning Director, dated September 30, 1981, reporting certain findings by staff that determine this request is inconsistent with the Manatee County Comprehensive Plan and recommending the public hearing be continued to enable counsel for the petitioner to thoroughly review those findings. Thomas M. Gallen, attorney, representing Manasota Memorial Park, clarified certain questions raised by the opposition and requested the Board to continue the public hearing in order to allow his client, Paul Corbridge, to be present for the final decision. J. B. Donnelly, attorney, (Grimes, Goebel, Parry, Blue, Boylston, and McGuire) spoke in opposition and requested the Board to deny the special exception on the basis that it is inconsistent with the Comprehensive Plan. William Garland, attorney, representing Brown Funeral Home, spoke in opposition and disputed the merits of allowing a funeral home in that area. He disagreed with an interpretation by Mr. Gallen concerning The Funeral and Cemetery Act Chapter State Law as amended in After discussion, this item was deferred to the afternoon session. HOUSEMOVING - DENHAM Motion was made by Mr. Vickers to approve housemoving application HM to allow EDWARD DENHAM - to move a building from th Street, Sara sofa to Verna Bethany Road - Motion was seconded by Mr. Chance and carried SP-81-1 STEPHEN & CATHY FULWOOD - MOBILE HOME - APPROVED Request:Specialpermit to allow a mobile home(in addition to a residence) for a permanent period of time on 3.60 acres on west side of Zipperer Road, 1 mile north of SR 64. Planning Commission recommended APPROVAL for a period of five years plus five years at the discretion of the Planning Director. (Notice published in The Bradenton Herald, September 4, 1981) Mr. Vickers moved to approve SP-81-1 subject to the conditions set by the Planning Commission. Motion was seconded by Mr. McGavic and carried SP-81-1 RECESS/RECONVENE &o">^-'-,^c, r After a brief recess, the Board reconvened with all members present. SP MANASOTA MEMORIAL PARK - DEFERRED Attorney Gallen was given the opportunity to rebut on statements made by Attorneys representing the opposition. The County Attorney advised that the Comprehensive Plan once adopted applies to building permits, regardless of whether the zoning is prior or after the adoption of the plan, which is what has created the existing problem. He also stated that all administrative and rezoning items are to be consistent with the Comprehensive Plan. Because of these problems, the County Attorney and Zoning staff have recommended that the Board defer this item to allow them to arrive at a solution with regards to the question of land use. The Board deferred this item to November 12, 1981.

4 LAWSUIT: PERKINS VS MANATEE COUNTY The County Attorney referred to his letter dated September 30, 1981 recommending his office be authorized to represent the County in a lawsuit RE: Frank Per kins vs. Manatee County, Whitcomb & Christopher, Arnold & Co., Thomas Burton as Sheriff, Jerome Davis as Supervisor of Elections, Samuel Cornwell as Tax Collector and R. B. Shore as Clerk of the Circuit Court, Case No. CA in the Circuit Court of Manatee County, FL This litigation involves the use of the firms of Whitcomb & Christopher and Arnold & Company to do the combined County Audit of financial records (fiscal year ending September, 1981) of County and constitutional officers and contests the audit selection procedure. Mr. Fletcher moved to authorize the firm of Mann and Fay to represent the County in this case. Motion was seconded by Mr. McGavic and carried MINING RECLAMATION - NOTICE OF PUBLIC HEARING The County Attorney submitted a copy of Notice of Public Hearing to be held October 21, 1981 at 7 p.m. at the Board of County Commissioners Chambers for the purpose of considering the adoption of Mining Reclamation Ordinance Motion was made by Mr. Chance to authorize Mr. Fay to publish the Notice of Public Hearing. Motion was seconded by Mr. McGavic. Voting "Aye" were Mr Chance, Mr McGavic, Mr Fletcher and Mrs Glass. Mr. Vickers voted "Nay". Motion carried. LAWSUIT; ESTECH PHOSPHATE CO The County Attorney was authorized to prepare a letter for the Chairman's signature, thanking Hardee County for assistance during the hearings in connection with the Estech DRI case, and requesting continued support in pending actions. LAWSUIT; PALMA SOLA The County Attorney advised that the Court had ruled in favor of Palma Sola Park Association (with County as party to the suit) by determining_that the lands in dispute are public lands. - ^ LAWSUIT: BEKER PHOSPHATE CO. The County Attorney advised that the Sheriff would be serving papers today in connection with a lawsuit called Beker Phosphate Corporation vs Manatee County, whereby Beker is. requesting the Court to issue a writ to prohibit Manatee County from conducting the hearing-on.october 14, 1981 to consider Beker's Substantial Deviation issue. He stated he will report this in more detail in a formal letter to the Board. CORRESPONDENCE The Chairman acknowledged correspondence from: 1. George Firestone, Secretary of State - Advising of Governor and Cabinet Workshop on DRI appeals to the Florida Land and Water Adjudicatory Commission, to be held October 7, SHACK LOUNGE/NOISE POLLUTION Commissioner Chance reported it had been brought to his attention there is an existing noise problem in the area of U. S. 41 between Cortez Plaza and Bowlees Creek, in the vicinity of a Mobile Hone Park, and that he was shown a letter from the Governor's Office to the Sheriff's Department in regards to this matter. Mr. Vickers submitted a copy of the letter from the Office of the Governor (written by David W. Wilcox, Assistant General' Counsel) to Sheriff Burton expressing interest in allegations involving "The Shack Lounge," th Street West. 337

5 338 Motion was made by Mr. McGavic, and seconded by Mr. Chance, to authorize the County Attorney to work with Sheriff Bur ton in an attempt to reach a solution to this problem. Motion carried VOUCHER FOR TRANSFER OF FUNDS - GAS TAX Don Barry, representing Clerk of Circuit Court, requested that the Chairman be authorized to sign a voucher, which will be forwarded to the State Board of Administration with a request for the transfer of $754, to the County Transportation Trust Fund. Mr. Chance moved to authorize the Chairman to sign the voucher for transfer of funds in the amount of $754, Motion was seconded by Mr. McGavic and carried MEETING ADJOURNED There being no further business, the meeting was declared adjourned. Attest:" ^ APPROVED: Adj: l-'^psy.m,»"