OF SAID COUNTY; ESTABLISHING AND DEFINING CERTAIN TERMS;

Transcription

1 MAY 12, 19R1 The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Courthouse, Bradenton, Florida, Tuesday, May 12, 1981 at 9:07 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 David B. Collier, County Administrator Richard H. Ashley, Chief Deputy Clerk, representing R. B. Shore, Clerk of Circuit Court Representing the various news media were Libby Allison, The Sarasota Herald-Tribune; Kevin Bezner, The Bradenton Herald; David Priddy, WTRL, and others who entered during the meeting. Invocation by Reverend Richard W. Tompkins, Christian & Missionary Alliance Church. The meeting was called to order by Chairman Glass. TAMPA BAY REGIONAL PLANNING COUNCIL Mr. Fletcher moved to authorize payment of dues to the Tampa Bay Regional Planning Council and to recommend to the Council that Mrs. Glass serve on the Selection Committee for the new Executive Director. Motion was seconded by Mr. Vickers. Voting "Aye" were Commissioners Glass, Fletcher and Vickers. Voting "No" were Commissioners McGavic and Chance. Motion carried. DATA PROCESSING AUDIT: PROCEDURES IN UTILIZING SOFTWARE CONTRACTORS Mrs. Glass submitted a memorandum from D. B. Collier, County Administrator, dated May 5, 1981, also a letter from R. B. Shore, Clerk of Circuit Court, dated May 6, 1981, pertaining to the Data Processing audit review and the procedures followed in utilizing software contractors, which related specifically with contract with Moore Data Systems. Mr. Chance moved that the Board ask the Governor to send someone (State Attorney or Investigator) to investigate the matters that have occurred on the Data Processing Center and the possible violation of Government in Sunshine Law. Motion was seconded by Mr. Vickers. The vote on the motion was deferred until the end of the meeting. RECESS/RECONVENE After a brief recess, the Board reconvened with all members present. ORDINANCE 81-3: NOISE CONTROL The County Attorney summarized ORDINANCE NO AN ORDINANCE OF MANATEE COUNTY, FLORIDA, REGULATING AND PROHIBITING THE EMISSION OF HARMFUL NOISE; DECLARING SAID NOISES TO BE DETRIMENTAL TO THE PUBLIC HEALTH, COMFORT, CONVENIENCE, SAFETY, WELFARE AND PROSPERITY OF THE RESIDENTS OF SAID COUNTY; ESTABLISHING AND DEFINING CERTAIN TERMS; ESTABLISHING AND PROVIDING FOR CERTAIN EXCEPTIONS; PROHIBITING THE MAKING, CAUSING OR ALLOWING OF SAID NOISES WHICH EXCEED CERTAIN LIMITS; PROVIDING FOR TECHNIQUES TO BE USED IN 49

2 50 MAY Ig, 1981 Cont'd MEASURING LEVELS OF SAID NOISE AND THE ESTABLISHMENT OF SAID LIMITS; PROVIDING FOR PENALITIES; PROVIDING FOR ADDITONAL CIVIL REMEDIES; PROVIDING FOR THE APPLICABILITY; PROVIDING FOR THE SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. and reported that the Ordinance has been coordinated with the offices of the State Attorney and the Sheriff. Clyde Gill, Executive Officer, Sheriff's Department, endorsed the Ordinance. The Chairman opened the public hearing for the purpose of considering Ordinance No (as advertised in the Bradenton Herald April 13, 1981). There were no public comments and the Chairman declared the public hearing closed. It was pointed out during discussion that the ordinance exempts noise generated from aircraft. Motion was made by Mr. Fletcher to adopt Ordinance Motion was seconded by Mr. Chance. Voting "Aye" were Commissioners Glass, Fletcher, Chance and Vickers. Voting "No" was Commissioner McGavic. Motion RECESS/RECONVENE carried. ORDINANCE S31-70 After a brief recess, the Board reconvened with all members present. GARBAGE FRANCHISES: RATE INCREASE (C. T. ADAMS/A. L. WYATT REFUSE) The Chairman announced that J. B. Donnelly, representing C. T. Adams, requested that action be deferred on the proposed rate increase for C. T. Adams Refuse Service and A. L. Wyatt Refuse Disposal, due to additional time required by the Clerk's office to complete an audit of the two firms. The Chairman declared the public hearing open for the purpose of hearing comments regarding a rate increase for C. T. Adams and A. L. Wyatt (as advertised in the Bradenton Herald, May 5, 1981). The public hearing was continued to a later date, which will be set and advertised. FINANCIAL ADVISOR (PROPOSED): M. G. LEWIS & CO., INC. James L. Lentz, President, and Art Diamond, Vice President, M. G. Lewis & Company, Inc., submitted their firm's proposal for the position of Financial Advisor to Manatee County. Mr. Lentz outlined the pertinent aspects of a financial advisor, summarized the experience and role of M. G. Lewis & Company, Inc., and answered questions directed by the Board and County Attorney. PLANNING AND DEVELOPMENT: LC-1399 (WILLIS) Dave Fulford, Enforcement Officer, reported that petition LC-1399 ALAN C. STITT VS. WOOSTER WILLIS would require extensive "land clearing" instead of "lot mowing" and submitted photographs of the subject property. Alan Stiff voiced oral complaint about the condition of the property and requested approval of his petition. Action was deferred to afford Mr. Vickers an opportunity to view the site. RECESS/RECONVENE Aftera brief recess, the Board reconvened with all members present except Mr. Chance. (Mr. Chance entered during the meeting.)

3 MAY 12., 1981 Cont'd UTILITIES: WATER SHORTAGE Jim Rhinehart, Utilities Department, reported that he attended a hearing with the Southwest Florida Management District (SWFMD) Governing Body at which time they declared a water shortage in the District and requested a reduction of water consumption by 20 percent. Another hearing will be held in Brooksville on May 20, 1981 to review the matter and take such action and impose such restrictions as may be deemed necessary. R. A. Wilford, Director, Utilities Department, submitted a report on the status of County Water Supply, advising the County, during the past week, was able to meet the demands for water from all customers, even with full demand from the City of Bradenton as of May 5th. Strict enforcement has helped hold down the demand, and people for the most part have been very cooperative. Discussion followed regarding providing water to the City of Bradenton, rate study, etc. WARD LAKE AND LAKE MANATEE WATER SHEDS (PROTECTION) Gloria Rains, 5314 Bay State Rd., Palmetto, representing ManaSota 88, gave a presentation regarding the protection of Ward Lake and Lake Manatee Water Sheds. (Enter Mr. Chance) She pointed out that drinking water supplies and the agricultural industry are threatened by present land use trends, and expressed concern about members of the Airport Site Citizens Advisory Committee and Airport Authority advocating the location of a new airport on agricultural property. She requested the Board pass a resolution opposing location of an airport in either the Lake Manatee or Ward Lake watersheds or one located in the County's unique agricultural lands. BIKEWAYS Arlene Flisik, Chairman, Manatee Pathfinders, reported that residents of the County have expressed a desire to have bikeways and submitted the following: 1. A preliminary map showing a bikeway network within the County. 2. A petition requesting adoption of a Bikeway Plan and appropriation of funds to begin bikeway projects. 3. Resolutions from Manatee Pathfinders, Ellenton Area Civic Association, Palmetto Junior Women's Club and ManaSota 88 requesting the County Commission to adopt a countywide bikeway network plan before the end of the current fiscal year. SUPERVISOR OF ELECTIONS: OFFICE SPACE The County Administrator reported on discussion with Jerome Davis, Supervisor of Elections, regarding the possibility of relocating the Election offices outside the Courthouse. He advised that a lease was available for the Delshire Building (the former Diana Shop) located at 1122 Manatee Avenue West at $650 per month. The estimated cost of renovation is $3,000 and cost of cleaning and preparation is $2,000. Mr. Davis is interested in acquiring and renovating the Phillips 66 Station property (located adjacent to the Courthouse Annex) at an estimated acquisition cost of $100,000, with the owner being amenable to a land swap with the County. The estimated cost of constructing a two-story office facility, including enclosing currently open areas, is $80-90,000. He opposes moving his office to a temporary location. There was discussion in regard to utilizing the Kimball Building, the Physical Fitness Center, the Diana Shop, the Phillips 66 Station and the Professional Building. 51

4 52 MAY 12, 1981 Cont'd Mary Fulford Green, citizen, stated the Supervisor of Elections Department should be located where it is accessible to the public. The County Administrator was instructed to provide the Board with statistics on a space study. RECESS/RECONVENE TheChairman declared the meeting recessed until 1:30 p.m. The Board reconvened at 1:40 p.m. with all members present except Mr. Fletcher. (Mr. Fletcher entered during the meeting.) DATA PROCESSING AUDIT: PROCEDURES IN UTILIZING SOFTWARE CONTRACTORS Richard H. Ashley, Chief Deputy Clerk, read into the record a memorandum from R. B. Shore, dated May 12, 1981, requesting 1) The Legislative Auditing Committee to exercise their power and ask the Auditor General to review the audit and the recently released report on Data Processing; 2) The Florida State Board of Accountancy, Department of Regulation, to send an investigator in to review the audit and the conduct of the audit and of the recently released report on Data Processing; 3) Regional Office of the Office of Management and Budget to review the audit procedures. Action was deferred pending the arrival of Mr. Fletcher. HOSPITAL LEGISLATION (DRAFT) CREATING SPECIAL TAX DISTICT (Enter Mr.Fletcher) The County Attorney reported that members of the Hospital Board of Trustees have prepared a proposed act of the legislature to create a special tax district. He requested authority to finalize the proposal and present other alternatives. There were no objections. DATA PROCESSING AUDIT: PROCEDURES IN UTILIZING SOFTWARE CONTRACTORS Mr.Chanceamended hispreviousmot ion toaskthe Governortosend someone here (State Attorney or Investigator) to investigate matters that have occurred on the Data Processing Center based upon matters set forth in the Management Report and other information, and in vestigate the possible violation of Government in the Sunshine Law. The amended motion, seconded by Mr. Vickers, carried unanimously. ORDINANCE 81-3: NOISE CONTROL Discussion was held regarding incorporating airport/aircraft noise into the Noise Control Ordinance No action. PLANNING AND DEVELOPMENT: FEE SCHEDULE Mr. McGavic moved to adopt a ESTABLISHING AND APPROVING A FEE SCHEDULE FOR THE MANATEE COUNTY COMPREHENSIVE ZONING AND LAND DEVELOPMENT CODE Motion was seconded by Mr. Fletcher and carried unanimously. S31-71 COUNTY ADMINISTRATOR'S CONSENT AGENDA Upon motion by Mr. McGavic, seconded by Mr. Chance, the County Administrator's Consent Agenda was unanimously approved except the two following items being deferred; HUMAN SERVICES/CETA Agreement with Valdes, McLain, Pratt & Co., for auditing services relating to Samoset Senior Center, Samoset Senior Center Staffing and Manatee County Homemaker Project Programs for a total amount of $3,300.

5 MAY 12, 1981 Cont'd MATERIALS & SERVICES - RISK MANAGEMENT/INSURANCE Insurance Consultants Agreement, with E. W. Siver & Assoc., for services regarding various insurance matters for maxi mum $10,000 (retainer) and other related expenses $5,000. Items covered in the Consent Agenda included approval of the following: ANIMAL CONTROL Veterinarian Services Agreement with James A. Kanzler, D.V.M. for treatment of animals for Animal Control Compoundat$50.00/hour and 10 percent above cost to doctor for drugs and supplies. (Executed) AGREEMENT S31-72 EMERGENCY SERVICES Lease Modification Agreement, Richard F. Connick, to correct amount of rent which should have been paid for leased emergency medical service facilities in Bradenton Beach, total $ (Executed) AGREEMENT S31-73 HUMAN SERVICES 1. CETA Title IIB On-The-Job Training Contracts: a. R-363-C, Public Library, Library Assistant, $1, b. R-365-C, Department of Transportation/Highway Division, Street Light Services/Sign Erector, $1, c. R-366-C, Department of Transportation/Highway Division, Surveyor Helper, $1, d. R-367-C, Department of Transportation/Highway Division, Clerk Typist, $1, e. R-368-C, Materials and Services Department/Distribution Division, Courier (Mail Clerk), $1, f. R-369-C, Materials and Services Department, Clerk Typist, $1, CETA Title VII On-The-Job Training Contracts: a. P-052, Kirk Tool and Die, $1, b. P-053, Shepard Truss Manufacturing, $1, c. P-054, Shepard Truss Manufacturing, $ d. P-056, Wesco Automotive and Industrial Supply, $1, e. P-058, Shepard Truss Manufacturing, $1, f. P-059, Automotive Aftermarket Company, $1, Chairman to sign letter to Tampa Bay Regional Planning Council (A-95 Coordinator) recommending approval of Proposal 94-81, Treatment Alternatives to Street Crime. To be funded by LEAA grant. (Authorized) MATERIALS & SERVICES - RISK MANAGEMENT/INSURANCE 1. Authorization to bind additional insurance coverage (All Risk Miscellaneous Equipment Floater) for 650 voting booths with datavote punch, Wyman, Green & Bla lock, annual premium $1, Authorization to bind additional insurance coverage (Contractor's Equipment Policy) for mobile and portable equipment, ground maintenance equipment and contractor' equipment with Wyman, Green & Blalock, as agent for U.S. Fire Ins. Group, at proposed annual premium increase of $2, Authorization to bind additional insurance coverage (Data Pro cessing Policy) for data processing system equipment and data processing media, with Wyman, Green & Blalock, as Agent for U.S. Fire Ins. Co., at proposed annual premium increase of $ TRANSPORTATION 1. Re: Project No th Street E. between 63rd/57th Ave. E. Purchase Parcel No R (Lot 10, Peacock Subdivision) from Alex Calleja for $

6 54 MAY 1^, 1981 Cont'd 2. Re: 9th Street East - Accept Warranty Deed/Subordination Agreement from Paul Wayne and Vickie Lee Haag covering Parcel 5.1-R; 5.2-R 3. State Road Funding - Resolution recommending to Legislastive Delegation that local portions of anticipated revenue be dis tributed between various Political Subdivisions using designated weighted formula. (Adopted) S31-74 UTILITIES 1. Elwood Park II Booster Station and Water Treatment Plant Improvements: Change Order No. 2 - increase in amount of $36, for additional work by Bay-Con General/ Inc. WORK RELEASE 1. Annual Utilization Report to Dept. of Health, Education & Welfare for use of former Naval Reserve Facility as community correctional center dealing with county prisoners. PLANNING COMMISSION - APPOINTMENTS Mr. Fletcher moved to adopt a OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA APPOINTING THE MEMBERS OF THE MANATEE COUNTY PLANNING COMMISSION; specifically: Gordon Bartle; Seymore Sailes - One year Robert W. Hoffman; Jim Garrison - Two years Mrs. Ann Bolt; Mrs. Theodore (Dolly) Young - Three Years George W. Hooper - Four Years Mrs. Glass stepped down as Chairman to second the motion. Voting "Aye" were Commissioners Glass, Fletcher, Vickers and Chance. Voting "No" was Commissioner McGavic. Motion carried. S31-" BOARD OF ZONING APPEALS - APPOINTMENTS Mr. McGavic moved to adopt a OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA APPOINTING THE MEMBERS OF THE MANATEE COUNTY BOARD OF ZONING APPEALS; specifically: Kenneth Pfister; J. Stanley Whichel - One year Thomas Stewart; Richard Breeze - Three Years (Fifth member to be appointed at a later date for four years.) Motion was seconded by Mr. Chance and carried unanimously. S31-76 BUDGET AMENDMENTS Upon motion by Mr. McGavic, seconded by Mr. Chance, the following resolutions were unanimously adopted amending the budget to provide for the receipt and appropriation of unanticipated revenues and item to item transfers as contained in the Budget Amendment Resolution Agenda: HUMAN SERVICES From: CSTF Legal Aid To: CSTF Legal Aid $ 5, S31-77 Fund Balance; Youth Services Coordination Expenditure; Youth Services Coordination $ 15, S31-78

7 MAY 12, 1981 Cont' d Criminal Justice Planning Unit Criminal Justice Planning Unit $ 3, S31-79 Pre-Trial Intervention 80-AD-18-EA01 Pre-Trial Intervention 80-AD-18-EA01 $ 3, S31-80 Juvenile Justice Planning Unit JF Juvenile Justice Planning Unit JF $ 1, S31-81 Pathways Pathways JF JF $ 42, S31-82 Big Brothers/Big Sisters Youth Offender JF Big Brothers/Big Sisters Youth Offender JF $ 4, S31-83 (From LEAA) Retaining Older Youth Program Retaining Older Youth Program $ 4, S31-84 East Bradenton CARDD (From LEAA) East Bradenton CARDD $ 3, S31-85 (From LEAA) Law Enforcement Coordinator CF Law Enforcement Coordinator CF $ 1, S31-86 (From TBRPC) Samoset Senior Center Title IIIB Samoset Senior Center $101, S31-87 HUMAN SERVICES From: Samoset Senior Center To: Samoset Senior Center $ S31-88 (From GHSC) State Pedestrian Pedicyclist Safety Planning D Pedestrian Pedicyclist Safety Planning D $ 30, UTILITIES S31-89 From: Community Development Samoset Sewers B-80-DS To: Community Development Samoset Sewers B-80-DS $ (From HUD) Community Development Washington Park Project, Phase I S31-90 Transfer Community Development Washington Park Project Phase I $ 40, S

8 50 MAY IS, 1981 Cont'd (From HUD) Coinmunity Development - Washington Park Project, Phase II Transfer Community Development - Washington Park Project, Phase II $416, S31-92 (From HUD) Community Development Samoset Sewers B-80-DS Transfer to Samoset Sewers B-80-DS $500, S31-93 UTILITIES From: Water Transmission & Distribution To: Transfer to MCUS Construction Trust $ 13, S31-94 Revenue^ Transfer from Utilities Washington Park $ 13, T^A^,/-' S Manatee County Elder Bus Phase III Title III B; Transfer from General Funds Manatee County Elder Bus III $ 84, S31-96 TRANSPORTATION From: Road Maintenance Residential To: Addition to Foreman's Building $ 25, S31-97 TRANSPORTATION From: Highway Fund Balance To: Transfer to Highway Capital $123, S31-98 Transfer from Highway Expenditures: 59th St. West South of Manatee Avenue; 26th Ave. E., 15th St. E to 27th St. E. $123, S31-99 COUNTY ADMINISTRATOR From: Reserve for Contingency To: County Administrator (Phosphate Coordinator) $ 7, S31-10C TRANSPORTATION From: Road Maintenance - Residential To: Engineering and Administration; Road Maintenance - Thoroughfares $ 48, S31-10] MATERIALS & SERVICES From: Land Acquisition-Right of Way To: Transfer to Central Stores $ 4, S Transfer from General Fund Expenditures: Central Stores $ 4, S31-10:1 GARBAGE FRANCHISE; CEDAR HAMMOCK - RATE INCREASE A petition for a rateincrease dated April 29, 1981 from Cedar Hammock Refuse Disposal Corporation was accepted into the record. J. B. Donnelly, Attorney for the petitioner, advised T. M. Gilmore was inadvertently omitted from the petition and that he would resubmit a corrected petition. No action was taken to afford the Clerk an opportunity to determine the length of time needed to conduct an audit of the firms.

9 MAY U, 1981 Cont'd TRAVEL AUTHORIZATION; EPA REPRESENTATIVE Motion was made by Mr. Fletcher -to approve allocation of $ from Budget No to cover travel expenses for E.P.A. representative (Dr. Alan Richardson) to attend a Countysponsored workshop on radiation to be held during the week of May 18, Motion was seconded by Mr. McGavic and carried unanimously. CIVIC CENTER - GRANT AGREEMENT (STATE DEPARTMENT OF COMMERCE) Mr. Chance moved to accept into the record a fully executed copy of the $8,000,000 GRANT AGREEMENT FOR THE MANATEE COUNTY CIVIC CENTER BETWEEN DEPARTMENT OF COMMERCE, DIVISION OF ECONOMIC DEVELOPMENT, AND THE COUNTY OF MANATEE Motion was seconded by Mr. Fletcher and carried unanimously. (Executed by Board of County Commissioners 3/31/81) RECESS/RECONVENE The Chairman declared the meeting recessed in order to hold a scheduled work shop. The Board reconvened at 4:15 p.m. with all members present. WATER RECLASSIFICATION IMPACT STUDY The County Attorney reported that Bill Earl of Peeples, Earl, Moore and Blank, advised that the Department of Environmental Regulations (DER) has requested that Manatee County provide economic input and data to offset the economic analysis and studies prepared by Estech General Chemicals Corporation in connection with reclassification of waters. He has already retained James C. Nicholas, P.H.D., to do the study ^.and is requesting the Board's approval of that action. Motion was made by Mr. Fletcher to approve, ratify and confirm the retaining of James C. Nicholas, P.H.D., of Florida-Atlantic University to prepare an economic analysis and testify in connection with the water reclassification petition before the DER. Motion was seconded by Mr. McGavic. Voting "Aye" were Commissioners Glass, Fletcher, McGavic and Vickers. Voting "No" was Commissioner Chance. Motion carried. CORRESPONDENCE REGARDING PROPOSED CIVIC CENTER The Chairman acknowledged correspondence in opposition to the proposed Civic Center from 1. Tangelo Park Home Owners Association 2. Holmes Beach Home Owners Association 3. Flamingo Cay Association, Inc. 4. Tropic Isles Property Owners Association 5. Bayshore Gardens Home Owners Association, Inc. CLERK'S CONSENT CALENDAR Upon motion by Mr. McGavic, seconded by Mr. Vickers, the Clerk's Consent Calendar dated May 12, 1981, was unanimously approved as follows: BILLS FOR PAYMENT: Norman C. Sabine & Dennis J. Plews, Attorney - Judgment Costs awarded in Case No M $ Jack Zickafoose Financial Services, Inc. - To replenish fund to aggregate amount 9, Bay-Con General - Elwood Park II Booster Station (Periodical Est. #17) 414, Russell & Axon - MCUD (Invoices) 11, Mann & Fay - Sutton v. Manatee Co. (P&D) 1,

10 58 MAY 1., 1981 Cont'd Sheriff's.Public Serv. Work Program: Vicki Collins Don Murray Refund: Mary Stickley (EMS) Lehman & Associates - April , MINUTES FOR APPROVAL: January 27 & 29, 1981; February 3 & 12, 1981 WARRANT LIST; Approve: May 5 to May 12, 1981 Authorize: May 12 to May 19, 1981 MEETING ADJOURNED There being no further business, the meeting was declared adjourned. Attest: APPROVED: -. -,-> ''% Cle^k^ * e? "" M r f - f^r^a [/.ice - Chairman Adj: 4:31 p.m. NOTE: The document described as Pedestrian and Bicycle (Bike) Path Easement from Helen Irene Landreth for Parcel No. 1.1 Project No Intersection of 75th Street NW and 15th Avenue NW was inadvertently included in documents recorded in the Official Public Records (Recording - Clerk's Office) as being approved on this date. At a future meeting the Board will be requested to approve, ratify and confirm acceptance of this document. ^f///f ]