MAY 22, 2001 the Board of County Commissioners, Manatee County
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MAY 22, 2001 The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112 Manatee Avenue West, Bradenton, Florida, Tuesday, May 22, 2001, at 9:04 a.m. Present were Commissioners: Joe McClash, Chairman (entered during the meeting) Amy Stein, First Vice-Chairman (entered during the meeting) Patricia M. Glass, Second Vice-Chairman Jane W. von Hahmann, Third Vice-Chairman Gwendolyn Y. Brown Jonathan Bruce George L. Harris Also present were: Stephanie Crossman, Associate County Attorney Susan G. Romine, Board Records Supervisor, representing R. B. Shore, Clerk of Circuit Court Invocation by Reverend Don Carter, Trinity Assembly of God Church. All witnesses and staff giving testimony were duly sworn. AGENDA Agenda of May 22, 2001, and agenda update memorandum. BC20010522DOC001 ZONING The following item was withdrawn by the applicant (no notice published in the newspaper; letter of withdrawal submitted at the Planning Commission meeting of 5/10/01) PDC-00-13(Z)(P) RED BARN FLEA MARKET, INC. (WITHDRAWN) ZONING ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA, AMENDING THE OFFICIAL ZONING ATLAS OF MANATEE COUNTY ORDINANCE 90-01, THE MANATEE COUNTY LAND DEVELOPMENT CODE, RELATING TO ZONING WITHIN THE UNINCORPORATED AREA OF MANATEE COUNTY; PROVIDING FOR THE REZONING OF 0.36 ACRE OF LAND FROM NC-S TO PDC; PROVIDING AN EFFECTIVE DATE; AND APPROVAL OF A PRELIMINARY SITE PLAN TO ALLOW A SEASONAL TEMPORARY DISPLAY AREA AND AN ADDITIONAL 14,720 SQUARE FEET COVERED OUTDOOR SALES AREA ON 20.47 ACRES AT 1707 1ST STREET EAST, BRADENTON. BC20010522DOC002 COMPREHENSIVE PLAN AMENDMENTS The following public hearings (Notices not published) were rescheduled to June 26, 2001 ORDINANCE 01-03 ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA, AMENDING MANATEE COUNTY ORDINANCE 89-01, AS AMENDED (THE 2020 MANATEE COUNTY COMPREHENSIVE PLAN); PROVIDING FOR AN APPROVAL OF AN AMENDMENT TO THE FUTURE LAND USE MAP OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FROM RES-3 TO RES-6 FOR A SITE ON 39.3 ACRES LOCATED ON THE SOUTHEAST CORNER OF 63RD AVENUE EAST AND BIG PITTSBURGH DRAIN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (PA-01-03: Property Owner – Ro Ro Inc.) ORDINANCE 01-12 ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA…; PROVIDING FOR AN AMENDMENT TO THE FUTURE LAND USE MAP OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FROM RES-6 TO R/O/R ON 40.54 ACRES ALONG THE NORTHWEST INTERSECTION OF S.R. 64 AND KAY ROAD, EXCLUDING THE RACE TRAC PARCEL; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (PA-01-09: Property Owner – Jung S. Luck) ORDINANCE 01-13 ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA…; PROVIDING FOR AN AMENDMENT TO THE TRAFFIC CIRCULATION SUB-ELEMENT, PROVIDING FOR AN UPDATE OF THE TRAFFIC CIRCULATION MAP SERIES AND TABLE 5-1; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (PA-01-10: Text Amendment) ORDINANCE 01-14 ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA…; PROVIDING FOR AN AMENDMENT TO THE FUTURE LAND USE MAP FROM IL TO P/SP(1) ON 29.017 ACRES (39.003 ACRES MINUS 9.986 ACRES FOR WHICH A SMALL SCALE PLAN AMENDMENT HAS BEEN PROPOSED) LOCATED AT 13950 U.S. 41 NORTH (ADVERTISED AS 10608 U.S. 41 NORTH); PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (PA-01-11: Property owners – James T. Reeder, Graham R. Reeder, Marvis R. Snell) BCC MB 48/46 MAY 22, 2001 (Continued) ORDINANCE 01-36 ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA…; PROVIDING FOR TEXT AMENDMENTS TO THE CONSERVATION ELEMENT TO (1) ALLOW VARIABLE WIDTH WETLAND BUFFERS UNDER LIMITED CIRCUMSTANCES, AND (2) REQUIRE THE REMOVAL OF ALL EXOTIC PLANT SPECIES FROM DEVELOPMENT SITES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (PA-01-14: Text Amendments) BC20010522DOC003 (Enter Mr. McClash, presiding) CONSENT AGENDA Motion was made by Mr. Harris, seconded by Mrs. von Hahmann, and carried 6 to 0, to approve the consent agenda incorporating the language as stated in the recommended motions in the agenda memoranda. Items APPROVED: CLERK’S CONSENT CALENDAR BC20010522DOC004 BONDS Bay Oaks Release: 1. Agreement with Bay Oaks, Inc. warranting completion of required improvements ($13,189.80). 2. Defect Security: $13,189.80 (Surety Bond SP2232788500, Western Surety Company). BC20010522DOC005 Creekwood West Commercial, Phase II Release: 1. Agreement with Creekwood Gateway LLC guaranteeing completion of required improvements and temporary construction easement for private improvements ($704,706.04). 2. Performance Bond: $704,706.04 (Surety Bond 11S103482356, Travelers Casualty and Surety Company of America). Accept: 1. Agreement with Creekwood Gateway LLC guaranteeing completion of required sidewalk and bikeways and temporary construction easement for private improvements ($96,375.04). 2. Performance Bond: $96,375.04 (Surety Bond 11S103482359, Travelers Casualty and Surety Company of America). BC20010522DOC006 REFUNDS Robert Berne, Trustee – Impact Fee $ 154,864.00 BC20010522DOC007 WARRANT LIST Approved: May 15, 2001 through May 21, 2001 Authorized: May 22, 2001 through June 4, 2001 BC20010522DOC008 MINUTES March 27, 2001 BC20010522DOC009 COUNTY ADMINISTRATOR PROCLAMATIONS 1. Proclamation designating May 20, 2001, as Operation S.E.E.D. (Self-Empowerment and Enrichment Day) was accepted by Berniece Scott. BC20010522DOC010 2. Proclamation designating May 28, 2001, as Memorial Day was accepted by Dale Keen and Bill Fields. BC20010522DOC011 3. Proclamation designating May 2001 as Foster Parent Appreciation Month was accepted by Russ Kitching. BC20010522DOC012 SEMINOLE GULF RAILWAY Execution of License Agreement for underground pipe with Seminole Gulf Railway, L.P., at such time as the provisions of Section 6 of the Potable Water Participation Agreement with Innovation Marine Corporation, approved by the Commission on April 24, 2001, are met and accepted by Manatee County. BC20010522DOC013 ALZHEIMER’S DISEASE INITIATIVE Amendment 1 to FY 2000-01 Alzheimer’s Disease Initiative agreement with Neighborly Senior Services of Manatee, Inc., amending the contract total from $60,219 to $54,821 for Facility- Based Respite Services. BC20010522DOC014 CHILDREN’S SERVICES Fiscal Year 2000-01 Children’s Services Dedicated Millage funding agreements with non-profit agencies: Foundation for Dreams, Inc. – Dream Oaks Camp, $52,500 Southwest Florida Council, Inc., Boy Scouts of America – Scouting, $10,200 BC20010522DOC015 COMMUNITY CARE FOR THE ELDERLY 1. Amendment 1 to the FY 2000-01 agreement with Meals on Wheels Plus of Manatee, Inc., amending the contract total from $38,227 to $26,129 for Adult Daycare. BC20010522DOC016 2. Amendment 1 to the FY 2000-01 agreement with Meals on Wheels Plus of Manatee, Inc., amending the contract total from $114,535 to $121,018 for Home Delivered Meals. BC20010522DOC017 BCC MB 48/47 MAY 22, 2001 (Continued) PERSONNEL STAFFING LEVEL R-01-119 RESOLUTION ESTABLISHING AUTHORIZED STAFFING LEVEL CHANGES FOR THE COMMUNITY SERVICES DEPARTMENT (department level from 145 to 147). BC20010522DOC018 BUDGET AMENDMENT Various Departments B-01-023 Transfer of Funds; Unanticipated Revenue Appropriations Supporting Description and Detail Attached BC20010522DOC019 AMBULANCES Execution of Addendum 1 to agreement with Aero Products, Inc., for emergency rescue ambulances, changing the cab chassis to a Freightliner FL60 and adding options to increase operator safety. BC20010522DOC020 REFUND Authorization to refund $1,315.25 to Manatee Towne, account number 37165-101150, at 3300 53rd Avenue East, Bradenton, due to overcharge on sewer services. BC20010522DOC021 FLOTILLA 81, INC. R-01-73 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, AUTHORIZING A SUBLEASE WITH FLOTILLA 81, INC. (subleasing a portion of G. T. Bray Park for construction and operation of a building and facilities to be used for classes for boating safety training and education; rescinding Resolutions R-00-30 and R-00-292). BC20010522DOC022 FINAL PLATS Huber Estates 1. Final Plat; 2. Mortgagee’s Joinder in Declaration only from Regions Bank, f/k/a Regions Bank, N.A., as successor to Liberty National Bank; 3. Agreement with Hagan H. Huber to defer completion of required sidewalks; 4. Affidavit and Acknowledgement of Access by Private Street Required for Land Development Code Section 740 from Hagan H. Huber; 5. Notice to Buyers; and, 6. Conservation Easement from Hagan H. Huber. BC20010522DOC023 Lakeridge Falls, Subphase 1A 1. Final Plat; 2. Agreement with Centex Homes guaranteeing completion of required improvements (on-site areas; $2,908,237.67); 3. Performance Bond: $2,908,237.67 (Surety Bond No. 6097132, Safeco Insurance Company of America); 4. Agreement with Centex Homes guaranteeing completion of required sidewalks and bikeways ($93,321.80); 5. Performance Bond: $93,321.80 (Surety Bond No. 6097130, Safeco Insurance Company of America); 6. Agreement with Centex Homes guaranteeing completion of required improvements (off-site areas; $245,834.68); 7. Performance Bond: $245,834.68 (Surety Bond No. 6097131, Safeco Insurance Company of America); 8. Agreement with Centex Homes guaranteeing completion of required improvements (recreation center) and Temporary Construction Easement for private improvements ($2,029,100); 9. Performance Bond: $2,029,100 (Surety Bond No. 6102851, Safeco Insurance Company of America); 10. Agreement with Centex Homes guaranteeing completion of required improvements (landscape and irrigation-common areas) and Temporary Construction Easement for