BCC MB 48/2762 FEBRUARY 12, 2008 the Board of County

FEBRUARY 12, 2008

The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112 Manatee Avenue West, Bradenton, Florida, Tuesday, February 12, 2008, at 9:04 a.m.

Present were Commissioners: Jane W. von Hahmann, Chairman Gwendolyn Y. Brown, First Vice-Chairman Carol Whitmore, Second Vice-Chairman Donna Hayes, Third Vice-Chairman (entered during the meeting) Amy Stein Ron Getman

Absent was: Joe McClash (vacation)

Also present were: Ed Hunzeker, County Administrator Tedd Williams, Jr., County Attorney Susan G. Romine, Board Records Manager, representing R. B. Shore, Clerk of Circuit Court

Invocation by Tom Winter, Elwood Park Baptist Church.

AGENDA Agenda of February 12, 2008, and agenda update memorandum. BC20080212DOC001

HYDRAULIC EXCAVATOR – GRADALL MODEL 3100 Requests for (1) authorization for the limited competition purchase, with selected options, from Great Southern Equipment, Inc., for a cost of $234,548 via Florida State Contract 760-001-08-1, and (2) authorization to proceed with disposition of asset being replaced (40659) by means of existing public auction contract were deferred. BC20080212DOC002 (Depart Mr. Getman; Enter Mrs. Hayes)

CONSENT AGENDA Motion was made by Ms. Brown, seconded by Mrs. Hayes, and carried 5 to 0, 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), with the deletion of Resolution R-08-017, Budget Amendment Resolution B-08-016, and Responses to Board Inquiries (separate actions). Items APPROVED:

CLERK’S CONSENT CALENDAR BC20080212DOC003 BONDS Accept: Sheriff’s Public Employees and Deputy Sheriff’s Blanket Bonds (11 additions, 18 deletions). BC20080212DOC004 44th Avenue East, Phases I and II Accept: 1. Agreement with SMR North 70 LLC warranting required improvements ($322,478.81). 2. Defect Security: $322,478.81 (Surety Bond 5030238, Bond Safeguard Insurance Company). BC20080212DOC005 Covered Bridge Estates, Phase 6-C, 6-D, and 6-E Release 1. Agreement with Covered Bridge Development Corporation warranting required improvements ($57,689.27). 2. Defect Security: $57,689.27 (Letter of Credit CIS403550 fka 1284, Fifth Third Bank). BC20080212DOC006 Covered Bridge Estates, Phase 7-A, 7-B, 7-D and 7-E Release: 1. Agreement with Lennar Homes, Inc., guaranteeing completion of required improvements and temporary construction easement for private improvement ($48,410). 2. Performance Bond: $48,410 (Letter of Credit FGAC-004035 and Amendments, Fidelity Guaranty and Acceptance Corp.). BC20080212DOC007 Covered Bridge Estates, Phase 7-C Release: 1. Agreement with Covered Bridge Development Corporation warranting required improvements ($98,858.04). 2. Defect Security: $98,858.04 (Letter of Credit CIS403551 fka 1285 and Amendment, Fifth Third Bank fka First National Bank). BC20080212DOC008 Greenbrook Village, Subphase BB Unit 2 (aka Greenbrook Fields) Release: 1. Agreement with SMR Communities Joint Venture warranting required improvements ($1,970.10). 2. Defect Security: $1,970.10 (Surety Bond 92936967, Continental Insurance Company). 3. Agreement with SMR Communities Joint Venture for the final wearing course of asphalt on roadways. BC20080212DOC009 BCC MB 48/2762 FEBRUARY 12, 2008 (Continued)

Hidden River Trail Accept: 1. Agreement with SMR Communities Joint Venture warranting required improvements ($132,888.73). 2. Defect Security: $132,888.73 (Surety Bond 5030160, Bond Safeguard Insurance Company). BC20080212DOC010 Hillcrest Place Release: 1. Agreement with WHC at Harbor Hills LLC guaranteeing completion of required improvements and temporary construction easement for private improvements ($73,620.28). 2. Performance Bond: $73,620.38 (Surety Bond 5024181, Bond Safeguard Insurance Company). BC20080212DOC011 Lakewood Ranch Forcemain Network on 44th Avenue East and Pope Road Accept: 1. Agreement with SMR North 70 LLC warranting required improvements ($200,525.76). 2. Defect Security: $200,525.76 (Surety Bond 5030753, Bond Safeguard Insurance Company). BC20080212DOC012 Lakewood Ranch Boulevard Forcemain, Parts A and C Accept: 1. Agreement with SMR North 70 LLC warranting required improvements ($508,484.68). 2. Defect Security: $508,484.68 (Surety Bond 5031057, Bond Safeguard Insurance Company). BC20080212DOC013 Lakewood Ranch Business Park, Phase II – 44th Avenue East Accept: 1. Agreement with Lakewood Ranch Commerce Park, Inc., warranting required improvements ($65,448.55). 2. Defect Security: $65,448.55 (Surety Bond 5030260, Bond Safeguard Insurance Company). 3. Agreement with Lakewood Ranch Commerce Park, Inc., warranting required improvements ($7,885.29). 4. Defect Security: $7,885.29 (Surety Bond 5030262, Bond Safeguard Insurance Company). Lexington, Phase 1, 2, and 3 BC20080212DOC014 Release: 1. Agreement with Williams and Herold Communities LLC guaranteeing completion of required sidewalks and bikeways ($86,320.00). 2. Performance Bond: $86,320 (Surety Bond 2003-05, Branch Banking and Trust Co.). (NOTE: Actual Surety Bond No. is 5021179, Bond Safeguard Insurance Company, which previously replaced Surety Bond 2003-05.) BC20080212DOC015 Lorraine Road Four-Lane Improvements Accept: 1. Agreement with SMR Communities Joint Venture warranting required improvements ($196,521.64). 2. Defect Security: $196,521.64 (Surety Bond 5030166, Bond Safeguard Insurance Company). BC20080212DOC016 Lorraine Road 16-Inch Forcemain Accept: 1. Agreement with SMR Communities Joint Venture warranting required improvements ($99,582.62). 2. Defect Security: $99,582.62 (Surety Bond 5030682, Bond Safeguard Insurance Company). Pope Road Master Pump Station BC20080212DOC017 Accept: 1. Agreement with SMR North 70 LLC warranting required improvements ($315,457.29). 2. Defect Security: $315,457.29 (Surety Bond 5030752, Bond Safeguard Insurance Company). BC20080212DOC018 Portal Crossing Extension Accept: 1. Agreement with Lakewood Ranch Commerce Park, Inc., guaranteeing completion of required improvements ($353,065.38). 2. Performance Bond: $353,065.38 (Surety Bond 5030917, Bond Safeguard Insurance Company). BC20080212DOC019 Right-of-Way Use Permit 06-015 Release: 1. Defect Security: $2,099,214 (Surety Bond 104626176, Travelers Casualty and Surety Company of America). BC20080212DOC020 River’s Reach, Phase II Release: 1. Agreement with River’s Reach Associates LLC guaranteeing completion of required improvements ($4,630,763.15). 2. Performance Bond: $4,630,763.15 (Surety Bond SU5021829, Arch Insurance Company). 3. Agreement with River’s Reach Associates LLC guaranteeing completion of required improvements and temporary construction easement for private improvements ($899,433.08). 4. Performance Bond: $899,433.08 (Surety Bond SU5021830, Arch Insurance Company). 5. Agreement with River’s Reach Associates LLC guaranteeing completion of required improvements and temporary construction easement for private improvements ($1,081,500). 6. Performance Bond: $1,081,500 (Surety Bond SU5021831, Arch Insurance Company).

BCC MB 48/2763 FEBRUARY 12, 2008 (Continued)

7. Agreement with River’s Reach Associates LLC guaranteeing completion of required improvements and temporary construction easement for private improvements ($168,920). 8. Performance Bond: $168,920 (Surety Bond SU5021832, Arch Insurance Company). Accept: 1. Agreement with River’s Reach Associates warranting required improvements ($246,898.42). 2. Defect Security: $246,898.42 (Surety Bond SU5024356, Arch Insurance Company). BC20080212DOC021 Rye Wilderness Estates, Phase I Release: 1. Agreement with Rye Wilderness Estates One LLC guaranteeing completion of required sidewalks and bikeways ($36,663.25). 2. Performance Bond: $36,663.25 (Letter of Credit 1202 and Amendments, First National Bank). BC20080212DOC022 Rye Wilderness Estates, Phase II Release: 1. Agreement with Rye Wilderness One LLC warranting required improvements ($182,514.53). 2. Defect Security: $182,514.53 (Letter of Credit 1295, First National Bank). BC20080212DOC023 Rye Wilderness Estates, Phase III Release: 1. Agreement with Rye Wilderness One LLC guaranteeing completion of required improvements and temporary construction easement for private improvements ($227,778.32). 2. Performance Bond: $227,778.32 (Letter of Credit 1225, First National Bank). Sonoma, Phase I BC20080212DOC024 Release: 1. Agreement with The Ryland Group, Inc., guaranteeing completion of required improvements and temporary construction easement for private improvements ($2,407,098.67). 2. Performance Bond: $2,407,098.67 (Surety Bond 08813601, Fidelity and Deposit Company of Maryland). Accept: 1. Agreement with The Ryland Group, Inc., guaranteeing completion of required improvements and temporary construction easement for private property ($45,629). 2. Performance Bond: $45,629 (Surety Bond 8881898, Fidelity and Deposit Company of Maryland). BC20080212DOC025 State Road 70, 20-Inch Forcemain Accept: 1. Agreement with SMR North 70 LLC warranting required improvements ($82,794.83). 2. Defect Security: $82,794.83 (Surety Bond 5031061, Bond Safeguard Insurance Company). BC20080212DOC026 Tara, Phase III, Subphase F, Unit II Release: 1. Agreement with Tara-Manatee, Inc., warranting required improvements ($12,056.63). 2. Defect Security: $12,056.63 (Letter of Credit CIS403368 fka 03-04-0345 and Amendments, Fifth Third Bank fka First National Bank of Florida). BC20080212DOC027 Twin Rivers, Phase II Release: 1. Agreement with Gamble Creek LC and Twin Rivers II LC warranting required improvements ($251,830.03). 2. Defect Security: $251,830.03 (Letter of Credit 9660829064-00015, Branch Banking and Trust Company). BC20080212DOC028 Twin Rivers, Phase IV Release: 1. Agreement with Gamble Creek LC and Twin Rivers II LC guaranteeing required improvements ($9,081,545.46). 2. Performance Bond: $9,081,545.46 (Letter of Credit 9660080071-00009, Branch Banking and Trust Company). 3. Agreement with Gamble Creek LC and Twin Rivers II LC guaranteeing completion of required improvements and temporary construction easement for private improvements ($455,007.65). 4. Performance Bond: $455,007.65 (Letter of Credit 9660080071-00007, Branch Banking and Trust Company). Accept: 1. Agreement with Gamble Creek LC and Twin Rivers II LC warranting required improvements ($598,578.78). 2. Defect Security: $598,578.78 (Letter of Credit 9660080071/00006, Branch Banking and Trust Company). BC20080212DOC029 Waterlefe Golf and River Club, Unit II Release: 1. Agreement with Bay Colony-Gateway, Inc., warranting required improvements ($6,799.90). 2. Defect Security: $6,799.90 (Surety Bond 45025057, Greenwich Insurance Company). BC20080212DOC030 REFUNDS Rondi Lee Guerin – Affordable Housing Impact Fees $7,171.92 Petra Construction – Affordable Housing Impact Fees $7,171.92 Leo Mills and Associates – Final Plat Processing Fee $508.28 Gulf Coast Management, Inc. – Rezone Application Withdrawn $3,662.19

BCC MB 48/2764 FEBRUARY 12, 2008 (Continued)

Utility Customer 140269-17190 – Credit Balance $531.49 Utility Customer 4251-4230 – Credit Balance $1,032.52 WARRANT LIST BC20080212DOC031 Approved: January 29, 2008 through February 6, 2008 Authorized: February 7, 2008 through February 25, 2008 BC20080212DOC032 MINUTES January 8, 2008, January 16, 2008, and January 22, 2008 BC20080212DOC033 ACCEPT State Homeland Security Grant - Corrected replacement for Modification 1 to Grant Agreement with the Division of Emergency Management, scrivener’s error (9/24/07).BC20080212DOC034 Keep Manatee Beautiful – Adopt-A-Program, replace page B1 of Attachment B1 (11/6/07) due to scrivener’s error. BC20080212DOC035 Peace River Manasota Regional Water Supply Authority – 2008 Meeting Schedule. BC20080212DOC036 Sarasota Manatee Airport Authority – Notification of 2008 Officers. BC20080212DOC037 West Coast Inland Navigation District – Audited Financial Statements and Annual Local Government Financial Report for FY 2006-07. BC20080212DOC038 AUTHORIZE CHAIRMAN TO SIGN Corrective Documents 1. PDR-05-17(P)(R) – Hall/River Sound (fka River’s Song) – Scrivener’s error with Stipulation 25 removed and Stipulations renumbered (12/18/07). BC20080212DOC039 2. PDR-04-46(P)(R) – Fairfield (fka Mixon/Neal SR 70 Rezone) – Scrivener’s error with Stipulation 24 removed and Stipulations renumbered (12/18/07). BC20080212DOC040 Partial Release of Special Improvement Assessment Lien(s): Project(s) 3126, 5270 BC20080212DOC041

COUNTY ADMINISTRATOR PROCLAMATIONS 1. Proclamation designating February 16 and 17, 2008, as Cortez Festival Days was accepted by John Stevely, Karen Bell, and Mr. and Mrs. Richard Culbreath. BC20080212DOC042 2. Proclamation designating February 19-24, 2008, as Gulf Coast Senior Games Week was accepted by Kristi Dickerson and Michelle Richardson, Parks and Recreation Department, and by Bob and Nancy Swachammer, Betsy Fish, and Chris Bratten, participants and volunteers. BC20080212DOC043 3. Proclamation designating March 2, 2008, as Howard Club of Southwest Florida, Inc., Annual Scholarship Luncheon Day. BC20080212DOC044 ORDINANCE 08-31 – COMMUNICATIONS TOWERS AND EQUIPMENT Authorization to publish a notice of public hearing on proposed Ordinance 08-31 providing standards and procedures for the disposition of real property for communications towers and communications equipment. BC20080212DOC045 JUDICIAL CENTER Execution of Owner Contingency Fund Adjustment 22 to the Agreement with Balfour Beatty Construction LLC for providing Construction Management Services at Risk for development of a Guaranteed Maximum Price (GMP) and schedule for construction of a Manatee County Judicial Center, and authorization to use the County’s contingency within the GMP for specific work, with no change to the GMP or Project Schedule. BC20080212DOC046 BENNETT PARK PROPERTY Acceptance of the documents from the closing on the additional Bennett Park property: • Deed of Conservation Easement from Cypress Creek Investments LLC (executed by the Chairman 8/7/07 and recorded in OR Book 2232, Pages 509-524), • Amendment 1 to Grant Award Agreement with Florida Communities Trust (executed by the County Administrator 8/7/07 and recorded in OR Book 2232, Pages 502-506), • Title Insurance Policy 7210609-353249 from Chicago Title Insurance Company, • Special Warranty Deed from Cypress Creek Investments LLC (recorded in OR Book 2232, Pages 507-508), and • Right-of-Way Easement from Wal-Mart Stores East LP (recorded in OR Book 2232, Pages 525-527); and the release of FCT (Florida Communities Trust) restrictions for the construction of the entry road. BC20080212DOC047 ICE CREAM TRUCK REGULATIONS R-08-041 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, RELATING TO FEES; IMPLEMENTING SECTIONS 2-19-22(b) AND 2-19-23(b) OF THE MANATEE COUNTY CODE OF LAWS; AMENDING SECTION 3-12-6 OF THE MANATEE COUNTY CODE OF LAWS; REVISING THE FEE STRUCTURE FOR ICE CREAM TRUCK VEHICLE INSPECTIONS TO PROVIDE FOR SUBSEQUENT INSPECTIONS FOLLOWING FAILURES; CLARIFYING THE FREQUENCY OF THE PAYMENT OF FEES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BC20080212DOC048 WORKERS’ COMPENSATION – THOMAS DICKINSON Approval of settlement of attorney’s fees in the amount of $29,616.70. BC20080212DOC049 TEEN COURT VOLUNTEER APPRECIATION DAY Authorization for the Clerk of Circuit Court to accept a donation ($100) from Debra Cristello, Treasurer of the Paralegal Association of Florida, Inc. BC20080212DOC050 COMMUNITY CARE FOR THE ELDERLY Execution of Amendment 1 to the 2007/08 Home Care for the Elderly Agreement (HCE-07/08- MAN, 6/12/07) with West Central Florida Area Agency on Aging, Inc., transferring funds from the Subsidies category to the Case Management category and replacing the revised budget summary. BC20080212DOC051 BCC MB 48/2765 FEBRUARY 12, 2008 (Continued)

LOW INCOME POOL PROGRAM 1. Execution of three Letters of Agreement with Agency for Health Care Administration providing funds to Rural Health Services to increase the provision of health care services for Medicaid, uninsured, and underinsured persons in Manatee County (7/1/07 to 6/30/08), as follows: • Emergency Room Diversion Program, $52,360; • Perinatology Program, $107,925; and • Primary/OB/HIV/AIDS Program, $251,781. 2. Execution of FY 2007-08 Memorandum of Understanding with Manatee County Rural Health Services to provide health care services, July 1, 2007-June 30, 2008. BC20080212DOC052 NEAL PRESERVE R-08-039 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, AUTHORIZING THE SUBMISSION OF A GRANT TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION UNDER THE LAND AND WATER CONSERVATION FUND PROGRAM FOR THE DEVELOPMENT OF THE NEAL PRESERVE (authorizing execution of related documents; $400,000: State $200,000, County $200,000). ROBINSON PRESERVE BC20080212DOC053 1. Execution of the Second Amendment to Agreement 06CS0000012 with Southwest Florida Water Management District to increase the environmental restoration grant from $1,830,000 to $3,330,000, with no additional funding from the County. BC20080212DOC054 2. R-08-044 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE NATIONAL FISH AND WILDLIFE FOUNDATION FOR RESTORATION ACTIVITIES AT ROBINSON PRESERVE (authorizing execution of all related documents and authorizing the Grants Coordinator to submit the application electronically; $19,000). BC20080212DOC055 3. Execution of Change Order 14 to contract with Bul-Hed Corporation for the restoration project; increase of $181,076.32, adjusted total $8,042,718.38; and the addition of 40 calendar days for an adjusted completion date of May 29, 2008. BC20080212DOC056 44TH AVENUE EAST – 15TH STREET EAST TO 19TH STREET COURT EAST Execution of Change Order 5 to Work Assignment 9921 with Wade Trim, Inc., for engineering services for final design and construction; increase of $296,638, adjusted total $705,716. BC20080212DOC057 PROPERTY MANAGEMENT ARCHITECTURAL/ENGINEERING SERVICES Execution of Addendum 6 to extend Agreements with Fawley Bryant Architects, Inc., and Jerry Zoller, AIA, P.A., for six months (12/18/07-6/17/08). BC20080212DOC058 DEBT COLLECTION SERVICES Execution of Addendum 1 to Agreement with Merchants Association Collection Division, Inc., dba MAF Collection Services, to provide services for one year (3/1/08-2/28/09) on an as-required basis. This is a revenue generating service agreement. BC20080212DOC059 MATERIALS AND SERVICES 1. Cardiac Monitors/Defibrillators Capnography – Authorization to enter into negotiations with top-ranked firm, Philips Medical Systems, to provide 27 biphasic defibrillators with continuous waveform CO2 capnography with screen and print capability for the Public Safety Department. BC20080212DOC060 2. 40-Ton Articulated Ejector Truck/Caterpillar Model 740 – Authorization for limited competition purchase, with selected options, from Ring Power Corporation, $595,397.30. BC20080212DOC061 3. Judicial Center Furniture – Authorization to purchase from various vendors (as listed in agenda memorandum) via Florida State Contracts 425-006-01-1 and 420-420-07-1, $447,571.77. BC20080212DOC062 4. Employee Health Insurance Program – Authorization to enter into negotiations with Aon Consulting, Inc., for professional services for a program evaluation. BC20080212DOC063 5. Delinquent Property Taxes/Advertisement – Authorization to award IFB 08-0239TR to the lowest responsible, responsive bidder, The Bradenton Herald, $1,900; and execution of letter notifying the Tax Collector of the Board’s action. BC20080212DOC064 6. Transportation Engineering Services – Authorization to enter into negotiations with the five top-ranked, short-listed firms: TBE Group, Inc., Keith and Schnars, P.A., HDR Engineering, Inc., URS Corporation Southern, and Wade-Trim, Inc. BC20080212DOC065 MASTER LIFT STATION 1-D AND 5 Execution of Change Order 1 to Work Assignment 1 with URS Corporation Southern for utility architectural engineering services for pump and drive replacements and other improvements; increase of $12,032, adjusted total $137,140. BC20080212DOC066 PRIVATE BRANCH EXCHANGE (PBX) Execution of limited competition Agreement for Maintenance Services with Southern Telecom, Inc., (1/1/08-12/31/08), $70,000 annually. BC20080212DOC067 SUPPLEMENTAL SURVEYING AND MAPPING SERVICES 1. Execution of Addendum 8 to extend Agreements with Florida Design Consultants, Inc., George F. Young, Inc., and ZNS Engineering LC for six months (1/24/08-7/23/08). BC20080212DOC068 2. Execution of Addendum 9 to extend Agreements with Lombardo, Foley & Kolarik, Inc., and Foresight Surveyors, Inc., for six months (1/24/08-7/23/08). BC20080212DOC069 QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM R-08-040 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, FINDING THAT “07 PROJECT ORB” BE APPROVED AS A QUALIFIED APPLICANT PURSUANT TO §288.106, FLORIDA STATUTES, AND PROVIDING MATCHING FUNDS AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY (QTI) TAX REFUND PROGRAM FOR FISCAL YEAR 2010-2011 THROUGH 2013-2014, AND PROVIDING FOR AN EFFECTIVE DATE. BC20080212DOC070 BCC MB 48/2766 FEBRUARY 12, 2008 (Continued)

STOP RED LIGHT RUNNING Execution of Agreement with Stop Red Light Running Coalition of Florida, Inc., in support of public awareness campaign in the prevention of red light running (10/1/07-3/31/08), $5,000. BRADEN RIVER PARK BC20080212DOC071 Parks and Recreation Department to facilitate and waive fees for the Florida Highway Patrol use of the park for annual wrecker inspections in accordance with the provisions of Ordinance 07-60 and Resolution R-07-181, waiving facility fees for special events in County parks. REFUND BC20080212DOC072 Parks and Recreation Department to refund $508.50 to Washington University in St. Louis due to an overpayment on the rental of the 50-meter pool. BC20080212DOC073 FOUR CORNERS WINGATE CREEK MINE – DRI 4 Authorization to schedule public hearings for the Planning Commission, April 10, 2008, and the Board of County Commissioners, May 1, 2008, regularly scheduled meetings to consider the proposed amendment to the Development of Regional Impact. BC20080212DOC074 DEEDS AND EASEMENTS 1. 17th Street West/Memphis Road – Corrective Warranty Deed from Curtis A. Randall for improvement project from U.S. 41 to Business 41; and Corrective Quit Claim Deeds from Bernece Townsel, Karen Taylor, Jerald B. McQueen, and Althea M. King TO Curtis A. Randall. BC20080212DOC075 2. El Conquistador Parkway – Warranty Deed from Hobar Associates LLC for dedication of right-of-way for extension south of 53rd Avenue West; Affidavit of Ownership and Encumbrances; and Partial Release of Mortgage from David S. Band, as Co-Trustee, and Stanley B. Kane, as Co-Trustee, Sarabay-Morton Loan Trust. BC20080212DOC076 3. 6310 S.R. 70 East (Taco Bell/Long John Silvers) – Conservation Easement for wetlands on the property on the southeast corner of S.R. 70 and Braden River Road, Pedestrian Sidewalk Easement for a five-foot sidewalk on Braden River Road, and Utility Easement for water meters, all from Tromble Land Company; and Affidavit of Ownership and Encumbrances. BC20080212DOC077 4. Cortez Road – Warranty Deed from Commercial Ownership Limited for dedication of right-of-way at the northeast corner of Cortez Road and 20th Street West; and Affidavit of Ownership and Encumbrances. BC20080212DOC078 STATE ROAD EASEMENT R-08-032 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, PROVIDING FOR THE DELEGATION OF ITS AUTHORITY TO THE DIRECTOR OF THE MANATEE COUNTY, FLORIDA, PUBLIC WORKS DEPARTMENT OR HIS/HER DESIGNEE FOR THE PURPOSE OF EXECUTING A CERTIFICATION IN AN APPLICATION FOR RELEASE OF RESERVATIONS, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (certifying that County records reflect that a State road DID NOT exist on the date of the deed [Deed No. 740, Deed Book 200, Pages 302 and 303, 10/6/1944] affecting the subject property [Lot 16/Tract 16, Waterbury Grapefruit Tracts, currently owned by Paul J. and Janice E. Hunsader] and that a full release of reservation should be given). (Note: Deed No. 740 contained a stipulation requiring the reservation of right-of-way easements for State roads [in this case C.R. 675] in existence as of the date of the deed.) BC20080212DOC079 STREET VACATION - PALMETTO GROVE AND GARDEN COMPANY SUBDIVISION R-08-042-V A RESOLUTION DECLARING A PUBLIC HEARING ON MARCH 11, 2008, AT 9:00 A.M. OR AS SOON THEREAFTER AS POSSIBLE, ON APPLICATION BY PALMETTO STOR N MORE STORAGE LLC TO VACATE PORTIONS OF A PLATTED SUBDIVISION, PALMETTO GROVE AND GARDEN COMPANY. BC20080212DOC080 ORANGE RIDGE SUBDIVISION R-08-031 RESOLUTION RELEASING, ABANDONING, AND RELINQUISHING A PORTION OF A UTILITY EASEMENT (from Bradenton Teamsters Building Corporation, accepted 8/17/04 for sewer pipe installed along the rear property line of a parcel along 1st Street West, between 32nd Avenue West and 30th Avenue West). BC20080212DOC081 ENHANCED 911 (E911) STATE GRANT Ratify and confirm authorization for the County Administrator to apply for a non-matching State grant from the State E911 Board for additional 911 call-taking equipment, $232,347.29. BC20080212DOC082 BUFFALO CANAL/FROG CREEK WATERSHED MANAGEMENT PROGRAM Execution of First Amendment to Cooperative Agreement with the Southwest Florida Water Management District on behalf of the Manasota Basin Board to extend the completion date of the program (L007) to December 31, 2008. BC20080212DOC083 BAY DRIVE CANAL 1. Boat Channel Maintenance Dredging - Execution of letter to West Coast Inland Navigation District (WCIND) requesting they undertake a review of the area (utilizing the Noticed General Permit process in providing final authorization, a scope, and a cost estimate for the project); and authorization for WCIND to assume responsibility for coordination, management, and completion of the project. BC20080212DOC084 2. Canal Dredging Assessment – Acceptance of report from staff regarding issues raised at the first public hearing held on December 11, 2007. BC20080212DOC085 SPEED AWARENESS SIGNS – LOCATION SCHEDULE Approval of the proposed rotation schedule for movable pole-mounted, radar-reactive speed limit signs (as outlined in the agenda memorandum). BC20080212DOC086

BCC MB 48/2767 FEBRUARY 12, 2008 (Continued)

PARTICIPATION PROJECTS – TROPICAL SHORES 1. R-08-33 A RESOLUTION MODIFYING THE SPECIAL ASSESSMENT ROLL FOR ROAD ASSESSMENT PROJECT 6018360 (combining parcels owned by John R. and Judith A. Fehrman). BC20080212DOC087 2. R-08-34 A RESOLUTION MODIFYING…FOR SEWER ASSESSMENT PROJECT 6018380 (combining parcels owned by John R. and Judith A. Fehrman). BC20080212DOC088 3. R-08-35 A RESOLUTION MODIFYING… FOR ROAD ASSESSMENT PROJECT 6018360 (combining parcels owned by Pablo and Cheryl Perez). BC20080212DOC089 4. R-08-36 A RESOLUTION MODIFYING… FOR SEWER ASSESSMENT PROJECT 6018380 (combining parcels owned by Pablo and Cheryl Perez). BC20080212DOC090 WARES CREEK FLOOD CONTROL PROJECT Execution of Cooperative Funding Agreement with the Southwest Florida Water Management District on behalf of the Manasota Basin Board for rights-of-way and easement acquisitions and conveyance system construction improvements. BC20080212DOC091 (End Consent Agenda)

(Enter Mr. Getman) EMPLOYEE OF THE MONTH Gregory A. Wilson, Senior Fleet Maintenance Technician, accepted the February 2008 Employee of the Month award from Ron Schulhofer and Mike Brennan, Public Works Department. BC20080212DOC092 Mr. Schulhofer announced that the Association of Equipment Management Professionals is in the final phases of ranking all the Fleet Services in North America, and Manatee County is in the top three. The number one Fleet Services will be announced at a banquet to be held in March 2008.

2008 MANATEE COUNTY FAIR Fair Committee Gale Adams, Financial Management Department, displayed photographs of the County’s booth at the 2008 Manatee County Fair noting the booth received a second place ribbon.

Ed Hunzeker, County Administrator, presented Certificates of Appreciation to: Gale Adams, Diana Wood, Clayton Allen, Will Reed, Kevin Leonard, Tami Langman, and Vicki Comarsh-White. BC20080212DOC093 Recycling Booth Committee Jim Seuffert, Financial Management Director, displayed a photograph of the “first prize” booth set up by the Recycling Division of the Utilities Customer Service Department. He presented Certificates of Appreciation to: Vicki Hasbrouck, Sandy Theisen, and David Pickup. A “How-To Guide for Residential Solid Waste & Recycling in Manatee County” was submitted. BC20080212DOC094

BICYCLE PEDESTRIAN ADVISORY BOARD Motion was made by Mrs. Stein, seconded by Ms. Whitmore, and carried 6 to 0, to reappoint Rose Gatto to the Bicycle Pedestrian Advisory Board. BC20080212DOC095

PUBLIC HEARINGS – PRESENTATIONS UPON REQUEST ZONING Public hearing (continued from 2/7/08) was opened to consider PDC-04-16(Z)(P) COVERED BRIDGE HOLDINGS II LLC/THE FORUM (CONTINUED TO MARCH 20, 2008, at 1:30 P.M.) AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING ATLAS (ORDINANCE 90-01, THE MANATEE COUNTY LAND DEVELOPMENT CODE), RELATING TO ZONING WITHIN THE UNINCORPORATED AREA; PROVIDING FOR A REZONE OF APPROXIMATELY 3.05 ACRES AT THE NORTHWEST CORNER OF TALLEVAST ROAD AND U.S. 301, BRADENTON, FROM A-1 AND LM TO THE PDC ZONING DISTRICT; APPROVING A PRELIMINARY SITE PLAN FOR 16,808 SQUARE FEET OF RETAIL USES, SUBJECT TO STIPULATIONS AS CONDITIONS OF APPROVAL; SETTING FORTH FINDINGS; PROVIDING A LEGAL DESCRIPTION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BC20080212DOC096

Public hearing (continued from 2/7/08) was opened to consider PDR/PDMU-06-85(Z)(P) PALMER INVESTORS LC AND CAREN HELLER BARNES LAND HOLDINGS LLC/ARBOR PARK PHASE I (CONTINUED TO APRIL 3, 2008, AT 9:00 A.M.) AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, REGARDING LAND DEVELOPMENT, AMENDING THE OFFICIAL ZONING ATLAS (ORDINANCE 90-01, THE MANATEE COUNTY LAND DEVELOPMENT CODE), RELATED TO ZONING WITHIN THE UNINCORPORATED AREA; PROVIDING FOR A REZONE OF APPROXIMATELY 322.25 ACRES AT THE NORTHWEST CORNER OF U.S. 301 AND BUCKEYE ROAD FROM A/NCO TO THE PDR AND PDMU ZONING DISTRICTS, RETAINING THE NCO OVERLAY; APPROVE A PRELIMINARY SITE PLAN FOR 437 LOTS FOR SINGLE-FAMILY DETACHED RESIDENCES; 266 LOTS FOR SINGLE-FAMILY ATTACHED RESIDENCES; 80 MULTIFAMILY UNITS DESIGNATED AS WORKFORCE HOUSING; 127,000 SQUARE FEET RETAIL AND OFFICE USE IN 5 MIXED USE BUILDINGS; 15,000 SQUARE FEET OF RETAIL USE, 8,000 SQUARE-FOOT RESTAURANT; WITH AT LEAST 10 PERCENT OF THE UNITS DESIGNATED AS WORKFORCE HOUSING; SUBJECT TO STIPULATIONS AS CONDITIONS OF APPROVAL; SETTING FORTH FINDINGS; PROVIDING A LEGAL DESCRIPTION; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. BC20080212DOC097

BCC MB 48/2768 FEBRUARY 12, 2008 (Continued)

Public hearing (continued from 2/7/08) was opened to consider PDC-07-01(Z)(P) JACYN BEACON REALTY, INC./MILL CREEK VII INVESTORS LLC/ TOOMEY - LORRAINE ROAD COMMERCIAL WEST (CONTINUED TO FEBRUARY 28, 2008, AT 9:00 A.M.) AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA…; PROVIDING FOR REZONE OF APPROXIMATELY 8.65 ACRES AT THE NORTHWEST CORNER OF THE INTERSECTION OF S.R. 64, WITH 145TH STREET EAST AND LORRAINE ROAD FROM A AND PDR TO THE PDC ZONING DISTRICT; APPROVAL OF A PRELIMINARY SITE PLAN FOR 58,670 SQUARE FEET OF RETAIL USES; SUBJECT TO STIPULATIONS AS CONDITIONS OF APPROVAL; SETTING FORTH FINDINGS; PROVIDING A LEGAL DESCRIPTION; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. BC20080212DOC098 Public hearing (continued from 2/7/08) was opened to consider PDR-06-05(Z)(P) (ADVERTISED AS PDMU-06-25[Z][P]) HELLER 301 PROPERTIES LLC/SALTSMAN PROPERTY (CONTINUED TO MARCH 20, 2008, AT 1:30 P.M.) AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA…; PROVIDING FOR THE REZONING OF APPROXIMATELY 1,208.82 ACRES NORTHWEST OF THE INTERSECTION OF MOCCASIN WALLOW ROAD AND U.S. 301, AT 12420 U.S. 301 NORTH, PARRISH, FROM A/NCO TO THE PDR/NCO ZONING DISTRICT; APPROVE A PRELIMINARY SITE PLAN FOR 1,960 RESIDENTIAL UNITS (INCLUDING 1,542 LOTS FOR SINGLE-FAMILY DETACHED AND 418 LOTS FOR SINGLE-FAMILY ATTACHED DWELLINGS (WITH 197 UNITS [10 PERCENT OF THE PROJECT] DESIGNATED FOR WORKFORCE HOUSING), 3 COMMUNITY RECREATIONAL CENTERS, AND DESIGNATION OF PARCELS FOR A FUTURE ELEMENTARY SCHOOL, COUNTY PARK, AND FIRE STATION; SUBJECT TO STIPULATIONS AS CONDITIONS OF APPROVAL; SETTING FORTH FINDINGS; PROVIDING A LEGAL DESCRIPTION; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. BC20080212DOC099

Public hearing (continued from 2/7/08) was opened to consider PDR-06-27(Z)(P) CREEKSIDE DEVELOPMENT OF MANATEE LLC/CREEKSIDE MEADOWS (CONTINUED TO MARCH 20, 2008, AT 1:30 P.M.) AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA…; PROVIDING FOR THE REZONING OF APPROXIMATELY 31.71 ACRES ON THE NORTH SIDE OF C.R. 675, ±2¾ MILES EAST OF U.S. 301 NORTH, AT 15714 AND 15810 C.R. 675, PARRISH, FROM A-1/NCO TO THE PDR/NCO ZONING DISTRICT; APPROVING A PRELIMINARY SITE PLAN FOR 52 LOTS FOR SINGLE-FAMILY DETACHED RESIDENCES; SUBJECT TO STIPULATIONS AS CONDITIONS OF APPROVAL; SETTING FORTH FINDINGS; PROVIDING A LEGAL DESCRIPTION; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. BC20080212DOC100 ORDINANCE 07-86 – BAY DRIVE CANAL DREDGING Public hearing (continued from 12/11/07) was opened to consider ORDINANCE 07-86 (CONTINUED TO MARCH 25, 2008) AN ORDINANCE OF MANATEE COUNTY, FLORIDA, ESTABLISHING A MUNICIPAL SERVICE BENEFIT UNIT WHICH SHALL BE KNOWN AS THE BAY DRIVE CANAL DREDGING MUNICIPAL SERVICE BENEFIT UNIT (MSBU); PROVIDING DEFINITIONS; IDENTIFYING ALL PROPERTY INCLUDED IN THE MSBU; PROVIDING A GOVERNING BODY FOR THE MSBU; ESTABLISHING THE SERVICES AND FACILITIES TO BE PROVIDED WITHIN THE MSBU; PROVIDING FOR THE LEVY, COLLECTION, AND ENFORCEMENT OF SPECIAL ASSESSMENTS BY THE TAX COLLECTOR IN ACCORDANCE WITH THE UNIFORM METHOD TO FUND THE FACILITIES AND SERVICES PROVIDED FOR THE MSBU; PROVIDING AN ALTERNATIVE METHOD FOR THE ENFORCEMENT AND COLLECTION OF SUCH SPECIAL ASSESSMENTS; PROVIDING FOR A SEPARATE ACCOUNTING OF FUNDS; PROVIDING FOR AMENDMENTS TO THIS ORDINANCE, THE CORRECTION OF SPECIAL ASSESSMENTS AND THE INCREASE IN SPECIAL ASSESSMENTS BEYOND THE MAXIMUM RATE AUTHORIZED; PROVIDING FOR CURTAILMENT OF SERVICES; PROVIDING FOR THE CORRECTION OF ERRORS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE (and execution of agreement with the Property Appraiser and Tax Collector for collection of special assessments). BC20080212DOC101 (NOTE: Report on issues raised at the 12/11/07 hearing was accepted earlier in the meeting.)

Motion was made by Mrs. Stein, seconded by Mrs. Hayes, and carried 6 to 0, to approve the Presentations Upon Request Agenda incorporating the language as stated in the recommended motions in the agenda memoranda (as amended in the supplemental agenda).

ORDINANCE 08-023 – HAZARDOUS MATERIALS INCIDENTS Public hearing (Notice published) was held to consider ORDINANCE 08-023 AN ORDINANCE OF MANATEE COUNTY, FLORIDA, CREATING AND ADDING PART I, CHAPTER 1-7, OF THE MANATEE COUNTY CODE OF ORDINANCES, ENTITLED THE COST RECOVERY FOR HAZARDOUS MATERIAL INCIDENTS ORDINANCE; PROVIDING FOR COST RECOVERY FOR RESPONSE AND RECOVERY EFFORTS RELATED TO HAZARDOUS MATERIALS INCIDENTS; PROVIDING FOR A TITLE; PROVIDING FOR INTENT, PURPOSE, AUTHORITY, AND JURISDICTION; PROVIDING DEFINITIONS; PROVIDING FOR LIABILITY FOR COSTS; PROVIDING FOR COLLECTION AND DISBURSEMENT OF FUNDS FOR COST RECOVERY; PROVIDING FOR METHODS OF ENFORCEMENT; PROVIDING FOR CONFLICT WITH OTHER LAWS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. BCC MB 48/2769 FEBRUARY 12, 2008 (Continued)

James Cooney, Assistant County Attorney, explained the Ordinance.

Motion was made by Mrs. Stein and seconded by Mrs. Hayes to adopt Ordinance 08-023. The motion carried 6 to 0. BC20080212DOC102 PATENT ATTORNEY Tedd Williams, Jr., County Attorney, requested authorization to retain an outside law firm to file a patent application for a process and software that was invented by a County employee in the Information Services Department. The County can use the process/software as a source of revenue.

Mrs. Stein moved to give the County Attorney and the County Administrator authority to retain the law firm of Jacox, Meckstroth & Jenkins, or a similarly qualified firm, for preparation and filing of a patent application. The motion was seconded by Ms. Whitmore.

Mike McLaughlin, Information Services Department, was congratulated for his invention. (Depart Mr. Getman)

The motion carried 5 to 0. BC20080212DOC103

Recess/Reconvene. All members present except Ms. Brown and Mr. McClash.

ERIE ROAD LANDFILL LONG-TERM CARE PERMIT Consideration was given to recommendation that the Board direct staff to negotiate the transfer of the Erie Road Landfill Long-Term Care Permit to the City of Palmetto.

Discussion: The City has requested a joint meeting with the Board; having a presentation at this meeting or waiting until the joint meeting; Interlocal Agreement from 1982; etc. (Enter Ms. Brown during discussion)

Motion Mrs. Hayes moved to include not only a brief today, but also a joint meeting to be set on the Board’s calendars for a future date. The motion was seconded by Ms. Whitmore. Following further discussion, Mrs. Hayes and Ms. Whitmore agreed to include that the motion be for an advertised public meeting that would allow each board to open their meetings, make motions, and take votes. The motion carried 6 to 0.

Dan Gray, Utility Operations Director, referred to documentation in the agenda memorandum, including correspondence between the County and the City to address recreational activities on the property and how that relates to the closure permit. As directed by the Board, staff filed with the Department of Environmental Protection (DEP) a modification to the closure permit to determine how to allow a paintball group (Suncoast Paintball) to use this property in conjunction with the radio control fliers (Manatee County Radio Controllers, Inc.). DEP responded with items relating to stormwater modifications, some increased radon gas/methane gas samplings, as well as increased groundwater monitoring. The Board directed staff not to accept the modifications until the permit was transferred to the City of Palmetto. The City was not interested in having the permit transferred, even though the Board offered to share the maintenance and continued mitigation costs that may come out of the closure permit. The request for the permit modifications has since been rescinded.

Mr. Gray stated the sublease between the radio control fliers and the paintball organization causes modifications to the County’s closure permit. Staff supports the recreational activities; however, charging the County with the liability on the closure permit is a difficult recommendation to make. Because the County is the permit holder, DEP only recognizes the County’s liability. Options available include: continuing the relationship with the City; modifying the agreement; or transferring the closure permit and its responsibilities to the City. He noted the permit is good through 2014. Toward the end of the time period for the permit, the County can petition DEP to determine the site has stabilized to the point where no further permits are needed. This was tried in the past; however, it was DEP’s opinion the site had not stabilized.

Discussion: Permit modification requirements; prior to the permit expiration date, the permit holder is required to submit another permit application or petition for the determination that the site is stabilized; has the County met its obligations under the closure; etc.

Maureen Sikora, Assistant County Attorney, summarized an outline of legal requirements for options either to transfer, terminate, abandon, not renew, or maintain the permit. She referred to a 1981 agreement that established the procedure for crediting to the City of Palmetto 40 percent of the appraised value (of property and equipment). That agreement stated the County would bill the difference between the costs per month and then credit the City with 40 percent of the costs. It also stated that when the landfill is closed, the County will bill the City monthly until the credit is exhausted, which was the only reference to closing the landfill. There was no definition of what constituted closure, and DEP regulations did not become effective until November 1982. In addition to the billings and credits, that agreement provided that the County would close the Erie Road Landfill site, and identified actions the County must take in conjunction with the closing. It then stated that the County would be responsible for 60 percent and the City would be responsible for 40 percent of the costs of the closing; and at the time closure is completed, the operating permit will revert to the City of Palmetto. In a letter to the City, the reference to closure being completed refers to closure under the agreement. The requirement for the site to be stabilized came from the DEP regulations that came into effect in November 1982, and those are the regulations DEP is applying to this landfill. BCC MB 48/2770 FEBRUARY 12, 2008 (Continued)

With regard to the monthly billings required by the 1982 agreement, Ms. Sikora stated there are no records within the past ten years that the County has billed the City; the County continues to bear 100 percent of the costs for the closing. Under the agreement, an argument could be made that the County has completed its obligations. Ms. Sikora also stated the more the site is opened up to people, the more potential there is for disturbing the vegetative cover. DEP representatives seem to be concerned about gas migration because every time something is put into the ground it creates a vent to the surface by which the gas can migrate and escape. All of this enters into staff’s recommendation in terms of seeking to transfer the permit, but to continue to participate in the cost of the closure.

Discussion: Option to continue to maintain the obligation of the permit until 2014 and not agree to the more aggressive activity (paintball) taking place, which would forgo the County’s obligations for additional monitoring costs; each time another monitoring well is installed, there is a potential to find something, which opens the door for DEP to impose requirements; the paintball activity could be a liability to the County; only allowing passive recreation; due to improvements being undertaken at the County’s landfill in the early 1980s, the County had an opportunity to participate in the operation of the Erie Road Landfill; it appears DEP is using the official date of closing as July 1983; asking DEP to say the site is stabilized would be favorable to both the County and the City; can continue discussions about transferring the permit if it is not terminated; only requirement for the transfer is that both parties agree to it and execute a DEP form; if transferred, conditions currently in the permit would revert to the City; any participation by the County would have to be negotiated; if there are existing conditions that constitute some type of violation, and it is shown they were in effect on the day the transfer was effectuated, the County may still be responsible for those; the County would not be responsible for any obligations for anything subsequent to the transfer; how did the County get to the point of paying 100 percent of the costs; reasons for discontinuing use of this landfill; the paintball issue was first raised by Code Enforcement; etc.

Ms. Sikora advised that DEP approved the activities of the Radio Controllers. There was no application to DEP for the paintball activities, and the permit modification was to amend the County’s permit to allow the paintball operation. The improvements made for the paintball activities were put in below the vegetative cover, and are not allowed under the existing permit. DEP could send the County a notification of a violation of the permit requirements and begin enforcement action. The County has requested that the City requires the paintball company to remove the improvements.

Discussion: The Code Enforcement case has been held in abeyance until this matter could be addressed; it is questionable whether it is appropriate to bring a Code Enforcement case against another governmental entity; looking at other options the County may have for enforcement; set a date for the joint meeting with the City; etc.

Refund to Radio Controllers Mr. Gray advised that the $200 permit modification application fee was paid for by the Radio Controllers. Inasmuch as that application was rescinded, he requested the Board approve a refund to the Radio Controllers.

Motion was made by Ms. Whitmore, seconded by Ms. Brown, and carried 6 to 0, to approve the refund.

Further discussion: The improvements relating to the paintball activities need to be removed; termination or transfer of the permit; DEP has given the County a list of things that would have to be done if the paintball use remains; wait until the joint meeting before any further action by the Board; liability to the County; if this is resolved, the improvements could be reinstalled; etc.

Mr. Williams, County Attorney, advised that if the parties do not voluntarily remove the improvements, court action for injunctive relief may have to be taken. If the terms of the lease between the City and its tenant allows, the City may be able to require them to be removed.

Chris Lukowiak, City of Palmetto, stated there is no activity on the property at this time. He noted that DEP has inspected the property since the signs and water line were installed and the vegetative cap was purged, and there was no notification by DEP in the inspection report that there was a possible liability. The only comment was, as a result of the installations, if the waste was disturbed in any way, it should be removed and taken to the Lena Road Landfill, which has been done.

Mr. Gray clarified that the Radio Controllers submitted a plan to the County, and DEP approved certain improvements to the property. Those things have been done by the Radio Controllers. The County’s concerns are the improvements that were constructed as part of the paintball group. DEP has stated they will not look at those improvements until this relationship is worked out. BC20080212DOC104

LANDFILL GAS Mr. Hunzeker recommended the request to amend the Licensing Use of Landfill Gas Agreement with Manatee Green Power LLC be deferred.

Mark Barnebey, representing Manatee Green Power LLC, concurred with the deferral.

Disposition: Deferred to February 26, 2008. BC20080212DOC105

BCC MB 48/2771 FEBRUARY 12, 2008 (Continued)

PALMA SOLA BOAT RAMP FUNDING Charlie Hunsicker, Conservation Lands Management Director, presented an agreement with the City of Bradenton for construction of a boat launch facility on the southwest side of the Palma Sola Causeway (S.R. 64). The agreement calls for the City to construct the improvements under their permit with the State of Florida. The County will reimburse the City for the expenditures for the waterward portion of the work; the City will pay for the construction of the parking facility. Also, the County will maintain the waterward portion of the ramp; and, the City will continue to maintain the landward parking lot.

Mr. Hunsicker noted a site plan approval process must still take place with the City of Bradenton. A public hearing before the City Council is scheduled for March 12, 2008. If this project receives approval from the State Department of Transportation, who owns the land on which this facility will be operated, a lease or right-of-way use permit will be required from the State. (Depart Ms. Brown)

Motion was made by Ms. Whitmore, seconded by Mrs. von Hahmann, and carried 5 to 0, to approve the Agreement with the City of Bradenton for the Palma Sola Boat Ramp Funding. BC20080212DOC106

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND THE MANASOTA BASIN BOARD Mr. Hunsicker was requested to comment on items approved earlier in the meeting. He stated residents of the County pay a portion of their property taxes to the Southwest Florida Water Management District (SWFWMD) and to the Manasota Basin Board, a sub-unit of SWFWMD. He noted a $1.5 million grant is coming to Manatee County to offset costs for Robinson Preserve, which increases the SWFWMD grant participation in that project to $3.2 million. A second item approved earlier was an agreement for SWFWMD to fund up to $12 million of local, non-federal funds to offset costs of the Wares Creek construction project. With these approvals, almost $15 million of SWFWMD funds will come back to Manatee County to support water and water resource protection. Their assistance has made it possible for the County to construct improvements at Robinson Preserve, and then continue with those funds leveraged to the County’s other preserves to make environmental improvements for wetlands, habitat, etc. BC20080212DOC107

WORKER’S COMPENSATION CLAIM – SHARON GREENE Motion was made by Ms. Whitmore and seconded by Mrs. von Hahmann to authorize Risk Management to settle all outstanding claims for worker’s compensation for the claim of Sharon Greene in the amount of $460,000, and to authorize Risk Management to seek reimbursement from Excess Insurance Carrier for approximately $350,000. The motion carried 3 to 2, with Mr. Getman and Mrs. Stein voting nay. BC20080212DOC108

FEDERAL FUNDING REQUESTS Amy Merrill, Assistant Deputy County Administrator, advised that the deadline for submitting the Federal Funding requests to Congressman Buchannan’s office is February 29, 2008. The recommended projects (as outlined in the agenda memorandum) pertain to transportation and transit issues, Wares Creek, and economic development/community improvements, including the Samoset community improvement plan and the United Community Center. (Enter Ms. Brown)

Discussion: The Port Manatee Connector Road being federalized and having additional obligations attached to it; can understand requesting $15 million to cut in the new interchange; inserting money within the limits of a project will federalize the entire project; limit the request to the interchange, not all the way into Port Manatee; does the State agree with the County requesting Federal dollars; etc.

Harry Mendenhall, Public Works Department, advised that the requested funding (for the Port Manatee Connector and I-75 Interchange Expansion) is for the design dollars. This project will require approval by the Federal Highway Administration, which will automatically federalize the project. The design phase is the next phase of this project, and Secretary Stan Cann (FDOT) has stated they are fine with the County requesting funding for the next phase of the project.

Discussion: Modify the language to include this is for the design phase and for the I-75 interchange only; be very cautious with moving this into a Federal program; the Metropolitan Planning Organization is supporting this as an item on the State program; etc.

Upon question regarding the $15 million requested for the design of the Anna Maria Island Bridge, Mr. Mendenhall confirmed that is the estimate for the design phase. The estimates for construction costs are between $60 million and $75 million.

Discussion: Add to the list a request to fund a new water filtration system that would increase the water quality and protect it from possible bacteria and potential toxins that could be placed in the water system; still in the study phase for two pilot projects dealing with better filtration and improvements to water quality at the treatment plant; ballpark figures range from $30 million to $100 million; takes years for a community to get positioned to receive money; do not necessarily need a final dollar figure at this time to bring the topic to the table; etc.

Motion – Water Treatment Plant Improvements Motion was made by Mr. Getman, seconded by Ms. Brown, and carried 6 to 0, to request that whomever would be developing some dollar value, start the process to make a request under the Clean Water Act at the Federal level to receive dollars for improvements needed at the County’s water treatment plant.

BCC MB 48/2772 FEBRUARY 12, 2008 (Continued)

Further discussion: Representative Buchanan has indicated a desire to do something north of the Manatee River and was looking at a pool and 88 acres for a potential park; conversations with Parks and Recreation to come up with a dollar figure for the 88 acres; include a request to Representative Kathy Castor for these issues; can bring these proposals back on February 26, 2008; include a request to improve Florida’s health program; staff has a list of substantive issues that can also be presented on February 26; amend Item 3 (in the letter to Congressman Buchanan) to “Interstate 75 Interchange Expansion in North Manatee County (Port Manatee Connector) – Amount Requested: $15,000,000 through the design phase/interchange only”; contact Secretary Cann and Ben Walker (FDOT) to ask if that project can be bifurcated that way; etc.

Disposition: This item to come back on February 26, 2008. BC20080212DOC109

TROLLEY SERVICE - DONATIONS Consideration was given to request to adopt Resolution R-08-017 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF A DONATION FROM CITIES OF BRADENTON BEACH, ANNA MARIA, HOLMES BEACH, AND TOURIST DEVELOPMENT COUNCIL TO THE COMMUNITY SERVICES DEPARTMENT, TRANSIT DIVISION OF MANATEE COUNTY GOVERNMENT ($8,000 from each city and $26,000 from the Tourist Development Council to assist with the continuation of the free trolley service).

Discussion: The trolley is not free; it is paid for by the governments and the Tourist Development Council; a plan by Transit to have advertising pay for the fee that would have been generated if there was a $1.00 charge; etc.

Motion was made by Ms. Whitmore, seconded by Mr. Getman, and carried 6 to 0, to adopt Resolution R-08-017. BC20080212DOC110

BUDGET AMENDMENT Upon question regarding the “dredging non-County assets” under Item 11 attached to the Budget Amendment Resolution, Jim Seuffert, Financial Management Director, stated this is financing terminology that distinguishes between expenses that count toward assets, and expenses that do not. These dredging expenses are for pre-construction analyses and studies that do not count toward the capital project. (Depart Mr. Getman)

Motion was made by Ms. Whitmore, seconded by Mrs. Stein, and carried 5 to 0, to adopt Budget Amendment Resolution B-08-016: Various Departments Transfer of Funds; Unanticipated Revenue Appropriations Supporting Descriptions and Details Attached BC20080212DOC111

COMMISSIONER INQUIRIES/DEPARTMENT RESPONSES Consideration was given to request to accept into the record memoranda from County Departments in response to directions/inquiries by the Board, as follows: 1. Public Works: a. Florida Department of Transportation’s Congestion Management System Program (6/12/07); b. Additional Landscaping along the south side of 63rd Avenue East near Cascades Subdivision (10/23/07); c. Current Traffic Camera Capabilities/Possible Enhancements (1/8/08); d. Traffic Camera Locations (1/8/08); and 2. Property Management Department: a. G. T. Bray Roof Replacement (12/11/07).

Discussion: Staff’s recommendation not to pay for plantings near Cascades Subdivision; use of plants from the nursery at the jail (Port Manatee); homeowners should work out an assessment among themselves; this is only a report; propagation of vibernum in order to increase the number of plants available for landscaping; mix inventory of plants at the Port with propagated plants and let the prisoners do the planting in order to lower costs; the homeowners have been advised of staff’s recommendation; working with the Port (Sheriff’s Office) to try to get the plants at no cost; etc. (Enter Mr. Getman during discussion)

Motion Motion was made by Ms. Brown and seconded by Ms. Whitmore to approve the report.

Motion Restated Following further discussion, the motion was restated to accept into the record the memoranda from County Departments in response to directions/inquiries by the Board. Ms. Brown and Ms. Whitmore agreed, and the motion carried 6 to 0. (Depart Mr. Getman and Mrs. Stein)

Discussion: Placing these reports elsewhere on the agenda; these are documents that have been received by the Board and are being placed on the agenda to be accepted into the record, not approving the requests; etc. BC20080212DOC112 BCC MB 48/2773 FEBRUARY 12, 2008 (Continued)

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

MANATEE BEACH PIER REPAIR Mr. Hunsicker requested approval of the design concept for the Manatee Beach Pier repair and direction to proceed to State permitting for the structure, deferring the decision to construct the facility. This will allow for the permit to be available when the decision is made to do the construction. He submitted a revised Page 27 to the upcoming slide presentation, which corrects the dollar amount for aluminum planks.

Brian Row, Bridge Design Associates, Inc., reviewed the slide presentation, including the following options: 1. Remove existing pier. 2. Repair existing pier a. Reuse piles and add pile jackets b. Replace superstructure with pre-cast concrete components 3. Rebuild the pier by constructing over the existing structure. Remove unsafe portions of superstructure. 4. Remove existing pier and rebuild with a conventional pier structure.

Mr. Row recommended approval of Option 3.

Mrs. Stein moved to approve the recommended Manatee Pier repair alternative, Option 3, and direct staff to obtain the required Federal, State, and local permits, with the express understanding, as stated in the agenda memorandum, that no decision on construction implementation is being granted as part of this agenda, rather, direction to proceed to permitting for the structure is being granted so that the necessary permits can be in place when the construction implementation decision is made, based on available funding during the budget process. The motion was seconded by Ms. Whitmore.

Discussion: Cost to remove the pier; removal of the pier would lose the efficacy of the erosion control the groins represent; the County will receive a wonderful asset for an additional $400,000; Option 1; process by which removal of the pier would take place; use of the pile jackets in Option 2 is not a permanent fix; where the funds will come from to construct this project will be presented to the Board during the budget process; costs for permitting will come from Tourist Development funds; etc.

The motion carried 6 to 0. BC20080212DOC113 (Depart Mrs. Stein)

SOLID WASTE FRANCHISE OPTIONS Mr. Hunzeker stated that in May 2007 the Board authorized an RFP to be issued (for solid waste service). Six proposals were received, and the five qualified proposers were reviewed by a committee. Based on the Board’s direction, staff should be prepared to come back in 60 days with a recommended seven-year contract to be effective October 1, 2008. He recommended the Board direct him to negotiate with the three top-ranked firms.

As outlined in the agenda memorandum, the recommendation of the staff selection committee for ranking the proposers is as follows: 1. Waste Pro of Florida, Inc. 2. Waste Management of Florida, Inc. 3. Republic Services of Florida, GP, Inc., dba Suncoast Sanitation, Inc. 4. Advanced Disposal Services, Inc. 5. Waste Services of Florida, Inc.

Mitch Kessler, Kessler Consulting, Inc., reviewed a slide presentation including: number of service districts within counties around the State, pros and cons for one and two districts, cities/counties with once a week service, level of service price ranges, and items to be negotiated. Also included was recommended actions: provide guidance on level(s) of service to be negotiated, approval to negotiate with three top-ranked firms, and approval to negotiate for one or two service districts. (Enter Mrs. Stein during Mr. Kessler’s presentation)

Ms. Sikora responded to an earlier question as to why the County went from two service districts in the past to one service district. She noted the Solid Waste Ordinance contemplates the County can have more than one collection area, and the RFP specified the boundaries of two service areas.

Discussion: Decision to go to one service area was due to reduction in administrative costs at that time; comparison of number of customers per district in various counties, as identified in the slide presentation; constituents willing to sacrifice service for reduction in costs; compare costs for one and/or two service districts using once a week collection service; keep prices as low as possible; etc.

Motion Mrs. Stein moved to authorize the County Administrator, or his designee, to commence negotiations with the three top-ranked proposers, for either one or two franchise service areas, based on the level of service that is once per week service. The motion was seconded by Mrs. Hayes.

Upon question, Mr. Kessler stated they plan to bring back a comparison of the costs for one or two service areas.

BCC MB 48/2774 FEBRUARY 12, 2008 (Continued)

Discussion: Use of an automated service; negotiating for recycling service for condominiums and businesses; commercial recycling was included in the RFP, however, there are Statutes that pertain to what can and cannot be done; once a week service would not work in areas where there is a high rate of turn over in rental units and belongings are left by the roadside; possibility of establishing an allowance or special exception for more than one collection per week in those areas; the level of service is established by ordinance; any change to the level of service will have to be done on a uniform basis throughout the County; currently offer special pickups, for which a certain number are allowed without charge; an automated service will lower costs; do not want to add an additional charge for special pickups; the motion does not put an early emphasis on one pickup method over another, it allows the negotiation to take place in order to get the numbers; no business can pay extra right now for recycling; condominium associations want to recycle but do not because of the charges; staff will negotiate with the proposers, see what they have the availability to do and what price they will charge, and bring back alternatives; only thing narrowed down at this meeting is a level of service of once a week; etc.

Mr. Kessler commented on commercial recycling, stating there is a clear State Statute on this subject. They can work with the service provider or providers to incorporate commercial recycling, but it is an open market, as anyone can offer that service. With regard to bulky waste collection, he stated the RFP includes various ways that will be addressed, and that can be discussed during the negotiations. Regarding the automated service, Mr. Kessler stated automation costs more money. He summarized the Board’s interest of a manual or automated service, with a once a week (1/1/1-one solid waste, one yard waste, and one recycling service per week) service, and an orientation toward making sure the bulky waste issue is also addressed.

Further discussion: Wanted the rental market to be addressed with the items to be negotiated; once a week service will be pushing the envelope; do not see the Board charging customers more to automate when it can be done cheaper manually; cost is essential on this; paying less does not mean they are being given inferior service; using an automated service will eliminate jobs; businesses should be able to make the choice to recycle; etc.

The motion carried 6 to 0. BC20080212DOC114

COMMISSIONERS’ COMMENTS Property Tax Reform – Amendment 1 Upon question by Mr. Getman, Mr. Hunzeker stated the estimated revenue loss as a result of Amendment 1 is between $12 million and $15 million, in addition to last year’s $20 million loss. BC20080212DOC115 28th Street Court East, Palmetto Ms. Brown stated residents in the area of 28th Street Court East, Palmetto, are waiting for deMorgan Homes to pave the roadways. Because of the difficulties on these roadways when it rains, she requested they be put back on the County’s scrape schedule; however, she was told the County could not do that because of work deMorgan has already performed on these roads. (Depart Mr. Getman during comments)

Discussion: Possibility of entering into an agreement with deMorgan to excuse the County from any liability; dispute between deMorgan Homes and their contractor relative to these roads; that dispute has elevated to a lawsuit; bonds for this work were extended so the work will be done; with the bonds, the County is financially secure to have the work performed, but not in a factual basis of knowing who is responsible; staff bring options to the Board on February 26, 2008; etc. (Enter Mr. Getman during discussion) BC20080212DOC115

Homestead Exemption Following a comment by Ms. Brown regarding the homestead exemption process and the possibility of other residents living in a home being included on that exemption, she was advised that a person’s name has to be on the title to the property in order to be included on the homestead exemption; etc. BC20080212DOC115 Criminal Activities Ms. Brown commented on criminal activities that have occurred north of the river and the difficulty the Sheriff’s Office is having with people not wanting to talk to them about these activities. She encouraged people to come forward and provide information to the Sheriff’s Office.

Ms. Brown advised that the Sheriff’s Office has agreed to build a basketball court, similar to the one built (at the DeSoto Center) in memory of Stacy Williams. A potential site has been identified in the Palmetto Villas subdivision, for which a park was required and not provided, and they are in agreement with turning that property over to the County if that is the Board’s desire.

Ms. Brown also announced that the Sheriff’s Office is having a cookout (2/16/08) at Lincoln Park in an effort to ease the problems in that area.

Discussion: Criminal activities seem to be gang related; Manatee County is at the forefront of leading the crusade on RICO (racketeering) investigations; the County had its first successful conviction of a gang member who stood trial on RICO charges and was sentenced to 30 years; should make that person a poster child for people contemplating joining a gang; if people do not want to identify themselves, they can call a tip line; have had the same issues in other areas of the County; people need to report things they see happening in their neighborhoods; people need to do things to protect themselves and their property; calls into Crime Stoppers (1-866-634-TIPS) is truly anonymous; anonymity is not protected on calls into the Sheriff’s hot line; etc. BC20080212DOC115 BCC MB 48/2775 FEBRUARY 12, 2008 (Continued)

Syesha Mercado – American Idol Television Show Ms. Brown stated that Syesha Mercado, an area resident, will be appearing on American Idol. She encouraged everyone to watch and vote for Ms. Mercado. BC20080212DOC115

Affordable Housing Ms. Whitmore requested a status report on affordable housing. BC20080212DOC115

Sarasota Memorial Hospital – Clinic in Manatee County Ms. Whitmore stated Sarasota Memorial Hospital is locating a walk-in clinic within Heritage Harbour. She noted they have a right to this as a business decision; however, the public should be aware that the doctors will be Sarasota Memorial on-staff physicians.

Discussion: Sarasota Memorial is supported by Sarasota County taxes; this is an extension of that system; Sarasota Memorial going outside of Sarasota County was approved by a Special Act of the legislature; continuity of care; if there is an emergent event, a person should be transferred to the closest hospital; previous experiences with a walk-in clinic owned by Sarasota Memorial Hospital and located near University Parkway sending patients to Sarasota Memorial; public/patients could be traveling 30 minutes versus 10 minutes to the closest hospital; there is established criteria for transportation by ambulance; patients need to know if they are transferred to a hospital in Manatee County, and the physician from the clinic does not have privileges at that hospital, the patient will be treated by an on-call physician; the issue is quality of care; taking away Manatee County’s tax base; having enough problems trying to fund indigent care; get this information to EMS (Emergency Medical Services); Manatee County EMS could be tasked with transporting patients to Sarasota Memorial; the patient would still be responsible for the cost of being transported; will contribute to the health care crisis in Manatee County; going to affect Manatee County taxpayers; request legislation that would require physicians working in a walk-in clinic to have admitting privileges to a hospital in that county and if a patient is referred to a specialist, they should be referred to a specialist in that county; educate the public that they may not be going to the closest hospital; etc. BC20080212DOC115

Civic Center Ms. Whitmore stated Manatee County hosts a State-sponsored event each year at the Civic Center; however, legislation has been enacted that such events cannot be held in facilities that are not “green.” She noted the Civic Center does not meet the criteria. BC20080212DOC115

MEETING ADJOURNED There being no further business, the meeting was adjourned.

Adj: 3:10 p.m. /dev

Minutes Approved: March 11, 2008

BCC MB 48/2776