BCC MB 48/2900 MAY 6, 2008 the Board of County Commissioners

MAY 6, 2008

The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112 Manatee Avenue West, Bradenton, Florida, Tuesday, May 6, 2008, at 9:06 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 Ron Getman Joe McClash Amy Stein

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 Major Tony Barrington, The Salvation Army.

All witnesses and staff giving testimony were duly sworn.

AGENDA Agenda of May 6, 2008, and agenda update memorandum. BC20080506DOC001

CONSENT AGENDA Motion was made by Mr. McClash, seconded by Mr. Getman, and carried 7 to 0, to approve the Consent Agenda incorporating the language as stated in the recommended motions in the agenda memorandum (as may have been amended in the supplemental agenda), with the deletion of Surplus Vehicles and Qualified Target Industry (QTI) Program (separate actions), and Tom Bennett Park (deferred). Items APPROVED: BC20080506DOC002

CLERK’S CONSENT CALENDAR BC20080506DOC003 BONDS Accept: Sheriff’s Public Employees and Deputy Sheriff’s Blanket Bonds (17 additions, 9 deletions). REFUNDS BC20080506DOC004 SMR Communities Joint Venture – Impact Fee Refund $24,955.31 Utilities Customer 110717-121377 – Refund/Fee Waiver $783.35 Utilities Customer 130441-113140 – Refund/Fee Waiver $683.54 Utilities Customer 39090-38592 – Refund/Fee Waiver $1,573.11 Utilities Customer 51965-133791 – Refund/Fee Waiver $7,745.00 WARRANT LIST BC20080506DOC005 Approved: May 1, 2008 through May 5, 2008 Authorized: May 6, 2008 through May 19, 2008 BC20080506DOC006 AUTHORIZE CHAIRMAN TO SIGN Department of Revenue – Application for Revenue Sharing State FY 2008-09. BC20080506DOC007 COUNTY ADMINISTRATOR PROCLAMATIONS 1. A Proclamation designating May 10-18, 2008, as Tourism Week was accepted by Elliott Falcionne and Larry White of the Manatee Convention Center. BC20080506DOC008 2. A Proclamation designating May 12-18, 2008, as Salvation Army Week was accepted by Salvation Army Major Tony Barrington. BC20080506DOC009 3. A Proclamation designating May 2008 as Older Americans Month was accepted by Meals on Wheels representatives. BC20080506DOC010 JUDICIAL CENTER Execution of Owner Contingency Adjustment 26 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, authorizing use of the County’s contingency within GMP for specific work with no change to GMP or project schedule. BC20080506DOC011 PERSONNEL STAFFING LEVELS R-08-127 A RESOLUTION OF THE MANATEE COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING STAFFING LEVEL CHANGES FOR THE FINANCIAL MANAGEMENT AND UTILITIES OPERATIONS DEPARTMENTS (Financial Management Department from 139 to 39; Utilities Department from 278 to 378). BC20080506DOC012 MANATEE GLENS Authorization to publish Notice of Hearing (TEFRA) to be held June 10, 2008, for the City of Bradenton Equipment Lease Purchase obligation for the Manatee Glens Project, not exceeding $1.5 million. BC20080506DOC013 LAWSUITS 1. Northwest Loop Area Utility Main - Approval of the proposal for settlement in DeJonge Excavating Contractors, Inc., vs. Manatee County Case 2003-CA-3507, $20,001. BC20080506DOC014 BCC MB 48/2900 MAY 6, 2008 (Continued)

2. Workers Compensation Settlement - Approval of settlement of Attorney’s fees for workers’ compensation claimant, Jack Barrett, $26,801.29. BC20080506DOC015 COMMUNITY CARE FOR THE ELDERLY 1. Execution of Amendment 1 to FY 2007-08 Non-Profit Agency Funding Agreements with Meals on Wheels Plus of Manatee, Inc., for: a. Facility Based Respite Service for the Alzheimer’s Disease Initiative Program; decrease of $33,171, adjusted total $17,932; BC20080506DOC016 b. Adult Daycare Program for Community Care for the Elderly; decrease of $8,153, adjusted total $39,997; and BC20080506DOC017 c. Home Delivered Meal Program for Community Care for the Elderly; decrease of $5,372, adjusted total $99,085. BC20080506DOC018 2. Execution of Addendum 1 to FY 2007-08 Community Care for the Elderly Service Agreements with: a. ADT Security Services, Inc., for Emergency Alert Response Services; increase of $1,703, adjusted total $15,429; BC20080506DOC019 b. Approved Home Health for Homemaker Services; increase of $29,124, adjusted total $149,738; BC20080506DOC020 c. Home Instead Senior Care for Homemaker Services; increase of $8,032, adjusted total $57,995; BC20080506DOC021 d. Utopia Home Care, Inc., for Homemaker Services; decrease of $5,717, adjusted total $56,283; BC20080506DOC022 e. Approved Home Health for Personal Care Services; increase of $14,020, adjusted total $102,625; BC20080506DOC023 f. Utopia Home Care, Inc., for Personal Care Services; increase of $7,915, adjusted total $59,915; and BC20080506DOC024 g. Approved Home Health for Respite Services; increase of $18,677, adjusted total $58,897. BC20080506DOC025 WEST COAST INLAND NAVIGATION DISTRICT 1. R-08-125 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, APPROVING WEST COAST INLAND NAVIGATION DISTRICT (WCIND) PROJECTS AND AUTHORIZING THE CHAIRMAN TO EXECUTE APPLICATIONS FOR: City of Anna Maria – Lake LaVista Inlet Maintenance, $50,000; Gulfcoast Wonder and Imagination Zone – Water Workshop, $21,000; Florida Wing Civil Air Patrol – Civil Air Patrol, $10,500; USCG Auxiliary Flotilla 81 – Boating Safety and Education, $2,266; USCG Auxiliary Flotilla 83 – Boating Safety through Education, $1,200; USCG Auxiliary Flotilla 84 – Safety Patrols and Education $2,266; USCG Auxiliary Flotilla 85 – Boating Safety and Education, $2,266; and Manatee County – Reserve Countywide Navigation Improvement, $876,333. (FY 2007-08; execution of project applications and letter to WCIND). BC20080506DOC026 2. Execution of FY 2007-08 Project Applications to WCIND Projects for Manatee County Government Reserve Countywide Navigation Improvement Projects with: Conservation Lands Management – M193A Highland Shores Boat Ramp, $269,725; Conservation Lands Management – M193B S.R. 64/Braden River Boat Ramp, $206,928; and Public Safety Department, Marine Rescue – M193C Weather Spotter Equipment Program, $900. (Execution of project applications and letter to WCIND) BC20080506DOC027 RECREATIONAL CHANNEL MARKING GRANT R-08-128 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION’S FLORIDA BOATING IMPROVEMENT PROGRAM FOR RECREATIONAL CHANNEL MARKERS (authorizing submission of a grant application to the Fish and Wildlife Conservation Commission, Florida Boating Improvement Program; State $75,000, County $25,000; and authorization for execution of all documents related to the application). BC20080506DOC028 TAMPA BAY ESTUARY PROGRAM Execution of a funding agreement with the Tampa Bay Estuary Program for Federal Fiscal Year 2007-08, $32,217. BC20080506DOC029 BASEBALL TOURNAMENT Approval of expenditures for an AAU 13u and 14u State Baseball Tournament (using Parks and Recreation fields) to be held May 30 – June 1, 2008, $4,000. BC20080506DOC030 WATER MAINS Execution of (Final) Change Order 1 to the contracts with Kuxhausen Construction, Inc., for: 1. 99th Street Northwest Water Mains; decrease of $88,930.97, adjusted total, $704,882.03; and an additional 27 calendar days for a revised completion date of April 11, 2008. BC20080506DOC031 2. Kay Road Force Main Extension; decrease of $6,071.07, adjusted total $104,078.93. BUDGET AMENDMENT BC20080506DOC032 Various Departments B-08-023 Transfer of Funds; Unanticipated Revenue Appropriations Supporting Description and Detail Attached BC20080506DOC033 BUSES Authorization to purchase three hybrid, diesel-electric buses for the Transit Division from Gillig Corporation, utilizing the San Joaquin Regional Transit District Contract MSE-2005-021; $538,462 each, total $1,615,386. BC20080506DOC034

BCC MB 48/2901 MAY 6, 2008 (Continued)

CARDIAC MONITORS/DEFIBRILLATORS Execution of agreement with Phillips Medical Systems to provide 28 Biphasic Defibrillators with Capnography ($425,044.64) with a five-year service agreement ($76,660.92) for the Public Safety Department, $501,705.56. BC20080506DOC035 EDACS MAINTENANCE SUPPORT Execution of a limited competition agreement with M/A COM, Inc., for maintenance support for the Information Services Department, Radio Shop Division, $145,973.76. EMERGENCY DIESEL GENERATORS BC20080506DOC036 Award IFB 08-0675OV to Lovin Construction, Inc., for generators for five lift stations, Option “B” 240-day completion; and execution of contract, simultaneous dating of performance/ payment bonds, and acceptance of insurance certificate, $830,758. BC20080506DOC037 EMPLOYEE TRAINING Execution of Addendum 1 to agreement with Manatee Community College for “Business Process Mapping and Quality Management” training, increase of $46,500. MATERIALS AND SERVICES BC20080506DOC038 1. Environmental Services - Purchase of services from Cross Environmental Services, Inc., on an as-needed basis utilizing pricing, terms and conditions of Florida Department of Transportation (FDOT) term agreement DOT 03/04-8117EH, $200,000. BC20080506DOC039 2. Software Maintenance - Limited Competition purchase order to Ventyx Inc., for Software Maintenance Banner Utility Billing System, $90,709. BC20080506DOC040 GENERATOR UPGRADES Execution of (Final) Change Order 1 to the contract with Bay Area Electric, Inc., for construction services and upgrades at the Southwest Regional Wastewater Treatment Plant; decrease of $34,145.67, adjusted total $736,302.33. BC20080506DOC041 LIFT STATION Award IFB 08-0564OV to J & H Waterstop, Inc., for rehabilitation and upgrade to the N1C Lift Station, Option “A” 220-day completion schedule; and execution of contract, simultaneous dating of performance/payment bonds, and acceptance of insurance certificate, $114,014. NORTH REGIONAL WATER RECLAMATION FACILITY BC20080506DOC042 Award IFB 08-0001OV to D.E. Murphy Constructors, Inc., for construction of a maintenance building, Option “B” 365-day completion schedule; and execution of contract, simultaneous dating of performance/payment bonds, and acceptance of insurance certificate, $513,054. TRAILER ESTATES SEWER REHABILITATION BC20080506DOC043 Execution of (Final) Change Order 1 to the contract with Lanzo Lining Services, Inc.; decrease of $58,410, adjusted total $529,190; and an additional 21 calendar days, for a revised completion date of November 20, 2007. BC20080506DOC044 FINAL PLAT Steeplechase Estates, Phase III 1. Final Plat; 2. Lot Grading and Drainage Plans; and 3. Mortgagee’s Joinder In and Ratification of Subdivision Plat from Bankatlantic. DEEDS AND EASEMENTS BC20080506DOC045 1. Armor Tight Gunite Concrete Plant - Warranty Deed from 15th Street East LLC, for dedication of right-of-way on 15th Street East; Affidavit of Ownership and Encumbrances; and Partial Release from First State Bank. BC20080506DOC046 2. El Conquistador Parkway - Utility Easement from Legends Cove LLC; Affidavit of Ownership and Encumbrances; and Joinder from Wachovia Bank, NA. BC20080506DOC047 3. Kiernan Subdivision - Corrective Warranty Deed from Pamela D. Kiernan to correct scrivener’s error on legal description labeled “Exhibit A” recorded on January 31, 2008, for conveyance of right-of-way on 46th Avenue West. BC20080506DOC048 4. Palma Sola Park Waterline Replacement Project - Utility Easements and Right-of-Entry Easements from Nina H. Boyers, as Trustee of the Nina H. Boyers Revocable Trust Agreement dated June 13, 2006, and David A. and Mary K. Sartwell; Affidavits of Ownership and Encumbrances (2); and Joinder from SunTrust Mortgage, Inc. BC20080506DOC049 5. Winterland Estates Sewer Assessment Project - Right-of-Entry Easements from Colette O’Kelly and Paul Ramsey. BC20080506DOC050 E911 STATE GRANT R-08-131 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, OF MANATEE COUNTY, FLORIDA, ACCEPTING GRANT FUNDS FROM STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES, E911 BOARD FOR ADDITIONAL 911 CALL-TAKING EQUIPMENT ($232,347.29). BC20080506DOC051 DEBRIS REMOVAL R-08-130 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, PROVIDING FOR THE DISPOSAL OF CONSTRUCTION DEBRIS FROM THE 66TH STREET WEST, BRADENTON, STORAGE YARD AND 69TH STREET EAST, PALMETTO, STORAGE YARD BY DONATION AT NO CHARGE, AS SURPLUS PROPERTY HAVING NO COMMERCIAL VALUE (authorizing Woodruff & Sons, Inc., to remove construction debris). BC20080506DOC052 LOCAL AGENCY PROGRAM AGREEMENTS R-08-129 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, MANATEE COUNTY, FLORIDA, AUTHORIZING EXECUTION OF LOCAL AGENCY PROGRAM (LAP) SUPPLEMENTAL AGREEMENTS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR ADDITIONAL CONSTRUCTION FUNDS ON THE FOLLOWING AGREEMENTS: FM 412569-1 BIKE PATH – EMERSON POINT PARK PH II AND FM 199701-1 SIDEWALKS PALMA SOLA CAUSEWAY (ROBINSON PRESERVE) (Emerson Point Bike Path, $300,000; Palma Sola Causeway Sidewalk, $300,000). BC20080506DOC053 BCC MB 48/2902 MAY 6, 2008 (Continued)

ORDINANCE 08-56 - PARKING Authorization to set a public hearing on May 20, 2008, to consider Ordinance 08-56, amending Section 2-22-22 of the Manatee County Code; instituting and creating additional no stopping, standing, or parking zones to include portions of 18th Street East (Ellenton); requiring the erection of appropriate signs; providing for codification; providing for severability; and providing an effective date. BC20080506DOC054 TIME PAYMENT AGREEMENTS Execute and record agreements for facility investment, water connection, and line extension fees for Dennis John and Linda Cathcart and Laelia LLC and James B. Girouard. UNCOLLECTIBLE ACCOUNTS BC20080506DOC055 R-08-095 RESOLUTION DESIGNATING CERTAIN DELINQUENT ACCOUNTS RECEIVABLE INCURRED BY PARTICULAR RECIPIENTS OF MANATEE COUNTY EMERGENCY MEDICAL SERVICES AS UNCOLLECTIBLE IN ACCORDANCE WITH GENERALLY ACCEPTABLE ACCOUNTING PRINCIPLES AND ADJUSTED TO ZERO IN THE ACCOUNTS RECEIVABLE LEDGER (Total $470,091.30) BC20080506DOC056 WATER CONSERVATION PROGRAM Execution of a Cooperative Funding Agreement with Southwest Florida Water Management District (SWFWMD), for Indoor Water Conservation Project L949, $63,072. BC20080506DOC057 COMMISSIONER INQUIRIES/DEPARTMENT RESPONSES Acceptance of the attached memoranda from County Departments in response to directions/inquiries by the Board: 1. County Administrator: a. Parrish Post Office (2/26/08); 2. Public Works Department: a. Lake Park Neighborhood (3/11/08); b. Roadway Markings – Horizontal Curve on 23rd Street East at 7th Avenue East and 17th Street East, Palmetto (10/23/07); c. Red Light Running Legislation (4/8/08); and d. Ft. Hamer Intersection. BC20080506DOC058 (End Consent Agenda)

EMPLOYEE OF THE MONTH Ron Schulhofer, Public Works Interim Director, and Allen Bentley, Traffic Operations Department, presented the May 2008, Employee of the Month Award to Mike Hilleshiem, Traffic Sign Technician Supervisor, Public Works Department. BC20080506DOC059

CITIZENS’ COMMENTS Economy Ted Nowosad, commented on the declining economy, and requested the Board begin to consider the budget and fund raising for the Christmas Tour of Lights. BC20080506DOC060

BRUCE MEADE RECOGNITION Dennis Kim and Charles Clapsaddle discussed a project to commemorate Manatee County sports legend and Sheriff’s Deputy, Bruce Meade. Mr. Meade has held the world record for 30 years as the Softball Homerun King. Fundraisers will be held, and a development plan will be proposed for an exhibit to display memorabilia and sell souvenirs. Manatee County is the home of many other sports legends deserving recognition, and the Gulf Coast Sports Commission will be involved in the effort to develop a countywide exhibit. A photograph of Mr. Meade was displayed.

Discussion: Contact Parks and Recreation for possible location; inspire youth; tourism impact; fees will benefit Parks and Recreation; discuss with South Florida Museum; rotating exhibit; etc.

Motion was made by Mr. McClash to direct staff to work with Mr. Kim and Mr. Clapsaddle on the concept and bring it back for review when the business plan is more final. The motion was seconded by Ms. Brown and carried 7 to 0. BC20080506DOC061

BICYCLE/PEDESTRIAN ADVISORY BOARD Motion was made by Mrs. Stein, seconded by Ms. Brown, and carried 7 to 0, to appoint Jill M. Winters to the Bicycle Pedestrian Advisory Board. BC20080506DOC062

AFFORDABLE HOUSING ADVISORY COMMITTEE The floor was opened for nominations for seats 1 through 11 of the Affordable Housing Committee, as required by Section 420.9076, Florida Statutes, and Ordinance 08-44.

Motion was made by Mrs. Stein, seconded by Mr. McClash, and carried 7 to 0, to fill the seats with lone applicants as follows: Seat 1 - Sandra G. Deitrich; Seat 3 - William Smock; Seat 7 - Robert Drane; Seat 8 - David Wick; Seat 9 - Ben Jordan; Seat 10 - Jacqueline Dezelski; and Seat 11 - Vernon DeSear.

Seat 2 – Kenneth Wagner Nominations: Ross Vollmer - by Mrs. Hayes Kenneth Wagner - by Mrs. Stein

Motion was made by Ms. Brown, seconded by Mrs. Stein, and carried 7 to 0, to close nominations.

Nominations were closed and Mr. Wagner was elected to Seat 2 by majority vote. BCC MB 48/2903 MAY 6, 2008 (Continued)

Seat 4 – Ashley Canesse Nominations: Ashley Canesse – by Ms. Whitmore Adele Erozer – by Mr. Getman

Motion was made by Ms. Brown, seconded by Mrs. Stein, and carried 7 to 0, to close nominations.

Nominations were closed and Ms. Canesse was elected to Seat 4 by majority vote.

Seat 5 – Evelyn Treworgy Nominations: Evelyn Treworgy – by Mrs. Hayes

Motion was made by Ms. Brown, seconded by Mrs. Stein, and carried 7 to 0, to close nominations.

Nominations were closed and Ms. Treworgy was elected to Seat 5 by majority vote.

Seat 6 – Wenston DeSue Nominations: Wenston DeSue - by Ms. Brown Carol Ciarniello - by Mrs. von Hahmann

Motion was made by Ms. Brown, seconded by Mrs. Stein, and carried 7 to 0, to close nominations.

Nominations were closed and Mr. DeSue was elected to Seat 6 by majority vote.

Motion was made by Mr. McClash, seconded by Mrs. Hayes, and carried 7 to 0, for Mr. Getman to be the liaison to the committee, with Ms. Whitmore as the alternate.

Motion was made by Mrs. Stein, seconded by Mrs. Hayes, and carried 7 to 0, to adopt R-08-45 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, REGARDING THE AFFORDABLE HOUSING ADVISORY COMMITTEE; APPOINTING THE MEMBERS OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING FOR THE STAGGERED EXPIRATION OF TERMS OF OFFICE, AND PROVIDING AN EFFECTIVE DATE. BC20080506DOC063

COMPREHENSIVE PLAN AMENDMENT Public hearing (Notices published) was opened to consider ORDINANCE 08-02 – WATER SUPPLY FACILITIES PLAN AN ORDINANCE OF MANATEE COUNTY, FLORIDA, REGARDING COMPREHENSIVE PLANNING, AMENDING MANATEE COUNTY ORDINANCE4 89-01, AS AMENDED, THE MANATEE COUNTY COMPREHENSIVE PLAN; PROVIDING A PURPOSE AND INTENT, PROVIDING FINDINGS; AND PROVIDING FOR AN AMENDMENT TO THE FOLLOWING ELEMENTS: WATER SUPPLY SUB ELEMENT, WASTEWATER SUB ELEMENT, CONSERVATION, AND INTERGOVERNMENTAL COORDINATION, AND ADOPTION OF THE MANATEE COUNTY WATER SUPPLY FACILITIES WORK PLAN BY REFERENCE, PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (PA-08-02 – Text Amendments).

Motion was made by Mrs. Stein, seconded by Mr. McClash, and carried 7 to 0, to continue the public hearing to May 20, 2008, at 9:00 a.m., or as soon thereafter as same may be heard. BC20080506DOC064 WARES CREEK Motion was made by Mrs. Stein and seconded by Ms. Whitmore, to authorize the Property Management Department to proceed to acquire sufficient interest in the right to use the property of the former Bradenton City Hall for temporary construction requirements of the Wares Creek (Cedar Hammock) Flood Control Project, and to notify the Army Corps of Engineers of the County’s intent.

Discussion: Liability concerns; the City of Bradenton should acquire rights from the property owner; the County could partner with the City; zoning issues; County could be a sub-lessee; acquire a permit from the City, or another economical solution; etc.

Tedd Williams, Jr., County Attorney, confirmed the motion is broadly worded, could be a contract interest, or could be an interest where the City of Bradenton would have the property interest and the County would have a contractual interest.

Charlie Hunsicker, Conservation Lands Management Director, explained the project is to provide flood protection for residents along Wares Creek and all watersheds that drain to the creek. A site map was displayed to point out the areas where accumulated sediment must be removed. The sediment will be stored on the former City Hall property for de-watering and hauled to the Lena Road Landfill for disposal. The U.S. Army Corps of Engineers will provide project management with funds provided by the County to conduct the operation of hiring and paying the contractor. The dredging operation is proposed to begin by the beginning of 2009.

Carl Callahan, City of Bradenton Clerk, stated the City has conducted preliminary discussions with the property owners regarding a lease, and a Planned Development Project (PDP) has been approved on the site.

The motion carried 7 to 0.

Discussion: De-watering; permits to move forward; Army Corps of Engineers will satisfy requests for information; etc. BC20080506DOC065 BCC MB 48/2904 MAY 6, 2008 (Continued)

Recess/Reconvene. All members present.

UNGARELLI PROPERTY Charlie Hunsicker explained the Ungarelli family has offered 35 acres of waterfront property on Palma Sola Bay to the County, at a discounted price. The family wishes to preserve the property and honor the late Joseph Ungarelli with a memorial sign. An aerial was displayed to show the 35 acres, which includes nine acres of uplands to support a small parking area, a memorial sign, a bench, and a shell trail. The purchase price of $150,000 plus the projected $20,000 for improvements would be funded by budgeted monies for the Neal Preserve that were replaced by grant funds.

David Zaccagnino, Financial Advisor to the Ungarelli Family, explained the wishes of the family to preserve this land and the benefits it would hold for the County.

Discussion: Nearby developments and boat slips; waterfront purchases; price per acre; etc.

Mark Alderson, Executive Director Sarasota Bay Estuary Program, supported the purchase.

Dr. Carol Ann Breyer, speaking for the Environmental Lands Management Acquisition Committee (ELMAC), noted unanimous support of ELMAC.

Mary Sheppard, representing the Sierra Club, read a letter in support of the purchase for conservation of the mangroves and habitat on the property.

Motion was made by Mr. McClash and seconded by Ms. Whitmore, to authorize the Chairman to sign an option agreement to acquire approximately 35 acres of real property for conservation purposes identified in the Property Appraiser’s records as Parcel ID 5157000000, Ungarelli parcel, for a purchase price of $150,000 upon receipt of an agreement substantially conforming to the attached agreement, and this memo, and signed by Seller.

Discussion: Good investment for future; conservation easement requirements; water quality; fishing area; natural habitat; great legacy; preservation; budget; environmental millage account; density; can control development by owning parcel; no impact to the Capital Improvement Program (CIP); etc.

The motion carried 7 to 0.

Motion was made by Mrs. Stein and seconded by Mr. McClash, to direct staff to seek funding through SWFWMD, Florida Communities Trust, and the Sarasota Bay Estuary Program mini-grants, to defray environmental restoration costs of the Ungarelli Preserve property.

Patricia McVoy, Senior Assistant County Attorney, requested instruction for language in the addendum to address signage on the property, as may be subject to County permitting requirements.

Discussion: Addendum; signs placed subject to permitting; bench and memorial sign to be placed on property; refine language; grant guidelines; etc.

Mr. Hunsicker explained SWFWMD has accepted the purchase price as a matching grant, therefore matching funds should be available to accomplish the environmental restoration on the property.

The motion carried 7 to 0. (Depart Mr. Getman)

Mrs. Stein suggested adding language to the end of Paragraph 1 of the Addendum, to address future permitting, grant requirements, and management plan details.

Dorothy Ungarelli, property owner, confirmed she approved of the language and was just seeking recognition for her late husband.

Motion was made by Mrs. Stein that, where paragraph 1 ends with “shell trail,” the following language be added: “subject to any related permitting, grant requirements, and management plan details, as may be approved by a future Board.”

The motion was seconded by Ms. Whitmore and carried 6 to 0. BC20080506DOC066

CODE OF ETHICS Karen Windon, Deputy County Administrator, presented the State Code of Ethics and the County Ethics policy, seeking direction for any changes.

Discussion: Use layman’s terms to be more beneficial to County employees; etc.

Ms. Windon noted changes will be made and presented to the County Administrator for signature and will be distributed annually to remind employees of the ethics guidelines. BC20080506DOC067

BCC MB 48/2905 MAY 6, 2008 (Continued)

REGIONAL CONFLICT COUNSEL SUPPORT Robert Eschenfelder, Assistant County Attorney, explained the County Attorney’s office had been working with the Florida Association of County Attorneys and the Florida Association of Counties, to resolve the issue of counties being charged for costs in association with the Civil and Criminal Conflict Regional Counsel Office (CCCRC). A legislative resolution could not be reached; therefore, the County Attorney recommended moving forward in litigation to challenge the constitutionality of those portions of the law.

Discussion: Challenge ruling; not pay other court related costs; join in legal action; etc.

Motion was made by Ms. Whitmore, seconded by Mrs. von Hahmann, and carried 6 to 0, to join, as a named plaintiff, proposed legal action challenging the constitutionality of those portions of Chapter Law 2007-62, Laws of Florida, which require Florida’s counties to fund the non-staff operational costs associated with the Civil and Criminal Conflict Regional Counsel Offices created by said Chapter Law; and to authorize the County Attorney to participate and assist in the litigation as he deems appropriate. BC20080506DOC068

COMMISSIONERS’ COMMENTS Boat Ramps Mrs. Stein requested the County Administrator and Mr. McClash, as the Board’s representative, speak with the director of the West Coast Inland Navigation District regarding flexibility of the budget for a boat ramp improvement project in downtown Palmetto. Maintenance is needed, and a boat ramp status report should be presented to the Board. BC20080506DOC069

Board Sidebars Mrs. von Hahmann requested Commissioners refrain from disruptive “sidebar” comments while others are speaking to ensure clear public record of the proceedings. BC20080506DOC069 (Note: Commissioners’ Comments continued later in the meeting)

S.R. 64/48TH STREET COURT EAST INTERSECTION Mrs. von Hahmann relayed a request from Mr. Getman for the Public Works Department to contact the Florida Department of Transportation (FDOT) regarding safety improvements based on the recent fatal crash at the intersection and crash statistics.

Ron Schulhoffer, Public Works Interim Director, confirmed statistics of 77 accidents at the intersection in 30 months. FDOT has been contacted and will review possible solutions to prevent more accidents at the intersection. The traffic signal is maintained by the City of Bradenton.

Motion was made by Mrs. Stein to bring back a letter for the next agenda for signature by the Chairman putting that recommendation on the table (to remove the permissive green signal) and forwarding it to the City of Bradenton and to FDOT. The motion was seconded by Mr. McClash and carried 6 to 0.

Discussion: Local resident concerns; permissive green signal; dedicated left-turn lanes; very wide intersection; high speed traffic; same problem was resolved at intersection of Whitfield and University; need to watch crash reports on permissive signal intersections; etc. BC20080506DOC069

SURPLUS VEHICLES Mrs. Hayes noted speaking to Michael Brennan, Public Works Department, regarding the mileage on some vehicles to be replaced.

Motion was made by Mrs. Hayes, seconded by Mr. McClash, and carried 6 to 0, for authorization to classify excess vehicles as surplus per Florida Statute 274.05 to enable, appropriate, and authorize disposition of said property in accordance with Purchasing Code 99-37, Section 1.106, and authorization to thereafter dispose of such property. BC20080506DOC070 (Depart Ms. Whitmore)

QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM Mrs. Hayes advised the Qualified Target Industry (QTI) program is 80 percent funded by the State and 20 percent by local interest. This program brings business to the area and creates jobs.

Motion was made by Mrs. Hayes, seconded by Mr. McClash, and carried 5 to 0, to adopt: R-08-136 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, FINDING THAT “PROJECT RAY 2008” 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 2016-2017, AND PROVIDING FOR AN EFFECTIVE DATE. BC20080506DOC071 (Enter Ms. Whitmore)

COMMISSIONERS’ COMMENTS (Continued) Press Conference Ms. Brown announced a press conference to be held at noon on May 8, 2008, at the School Administration Building. School Board Chairman, Barbara Harvey, Ms. Brown, and local ministers will be in attendance to work on community issues. A Teen Summit will also be held on May 15, 2008, at Lincoln Middle School regarding plans for activities at local churches regarding character building. BC20080506DOC069 BCC MB 48/2906 MAY 6, 2008 (Continued)

American Idol Ms. Brown reported former Manatee County resident, Syesha Mercado is one of four remaining contestants in the singing competition. She encouraged voting for Syesha and noted in the event of making it to the top three contestants, Syesha would be in Manatee and Sarasota counties for a televised hometown visit. Later in the meeting, Ms. Whitmore reviewed the itinerary. BC20080506DOC072 Irrigation Wells at School Sites Mr. McClash suggested the County Administrator review an idea from School Board member Bob Gause, to utilize drinking water from wells on school properties during emergency situations.

Discussion: Generators to access the water; good idea; water regulation; residential complaints on how long it takes to get hot tap water; water heater placement; etc. BC20080506DOC069

Kinnan Park Mr. McClash was approached by School Board member Harry Kinnan, to have the County place sod and irrigation at Kinnan Park, and the School Board would supply maintenance. Impact fee funds may be utilized to sod the 5 to 10 acres of fields so they may be used for recreational activities. He suggested the same agreements may be implemented on other school/park areas. BC20080506DOC069

Traffic Management Center Mr. McClash requested a report regarding the cost share agreement identifying the timeline to activate the center and the impact to the budget for the County’s share of operational costs. He also requested a status report of the fiber optic system and its benefits.

Mr. Hunzeker noted a report will be provided at the June 3rd work session when the budget will be presented. BC20080506DOC069

Anna Maria Bridge Ms. Whitmore announced the Town of Longboat Key has adopted a resolution to support a fixed-span bridge for Manatee Avenue. BC20080506DOC069

Fertilizer Use Ms. Whitmore reported that Rob Brown, Environmental Management, has begun a policy to reduce the use of fertilizers on County properties. He has been working with Parks and Recreation, and a recommendation was made to discontinue fertilizer for parks where reclaimed water is used: G.T. Bray; Buffalo Creek; and Pride Park. A single fertilizer purchase will now be implemented and used for all County projects instead of individual purchases by each department.

Mr. McClash suggested contacting Holly Green of the Tampa Bay National Estuary Program, who is working on a format for all counties in the Tampa Bay area. BC20080506DOC069

Tennis Courts Mrs. von Hahmann commented on the removal of clay tennis courts on School Board property at the corner of 9th Avenue and 75th Street Northwest. Neighboring residents have requested removal of the existing fence to provide open space.

Mr. McClash noted speaking to School Board member, Harry Kinnan, about partnering with the School Board to open the area for public use, and nighttime use of the existing tennis courts.

Discussion: Cost of lighting tennis courts; credit card machines can be provided to operate lights; minimal costs; Parks and Recreation will provide information; etc. BC20080506DOC069

Port Dolphin Pipeline Mrs. von Hahmann provided an informational packet from Charlie Hunsicker regarding impacts of the Port Dolphin Pipeline on the beach renourishment program. BC20080506DOC073

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

PALMA SOLA CAUSEWAY LANDSCAPING Harry Mendenhall, Public Works Department, gave an overview of the joint landscaping project with the City of Bradenton (City) on the Palma Sola Causeway. The Florida Department of Transportation (FDOT) allocated funds in 2003 for state highway landscaping and an interlocal agreement was approved in 2004 with the City for the Palma Sola Causeway landscaping. A clause in the agreement was overlooked which required both governing bodies (City and the County) to approve the final plans, and the plans were never presented to the Board of County Commissioners. Final project plans and photographs of the causeway were displayed as Mr. Mendenhall discussed removal of nuisance species, installation of wooden bollards, parking spaces, and new plantings. He pointed out installed bollards, revised bollard locations, and areas where bollards are planned to be installed. “Option B” was displayed, depicting planned parking spaces for the watercraft launch area. The project is still in progress, but County approval is sought to comply with FDOT agreement terms and to receive full reimbursement of the state funding.

Discussion: 98 percent finished; did not see the plans with bollards; safety concerns; limited parking; maintain old boat ramp for additional launching; too costly to remove bollards; bollards are better than metal guardrails; bollards protect beach area; FDOT requirements for clear zone from the edge of pavement; limited access now; protect sidewalk on north side; remove some bollards; etc.

BCC MB 48/2907 MAY 6, 2008 (Continued)

Motion was made by Mr. McClash to accept the plans; however, with the bollards or concrete barriers or wheelstops on the south side, except those specific to locations to protect new plantings, being eliminated, as well as the beach creeper, as shown, being eliminated, and to eliminate also any bollard or barriers directly in front of the existing boat launching locations on the northeast side of the Causeway. The motion was seconded by Ms. Whitmore.

Discussion: City has spent funds; too many bollards on south side; just thin the bollards; find people to remove bollards; against Comprehensive Plan to reduce water access; protect vegetation; add boat ramp and maintain existing boat ramp; etc.

Ingrid McClellan, Keep Manatee Beautiful, explained the grant for the boat ramp from West Coast Inland Navigation District (WCIND) was lost and County funds were used. Two permits for the boat ramp from the Army Corps of Engineers and FDOT were for replacement of the ramp and removal of the existing concrete slab. The relocation of the boat ramp was due to the ramp having no permitting history, and it was in an unsafe location under power lines and at a narrow point of the roadway.

Charlie Hunsicker, Conservation Lands Management Director, stated that upon direction of the Board, application could be made for permit modification to keep the current launch area slab for light watercraft.

Discussion: Scenic Highway Committee concerns of safety and conflict between users; give this design time to get used to; bad example to remove bollards; etc.

Mr. Mendenhall confirmed FDOT setback requirements for a 24-foot clear zone from the edge of the pavement. These plans were reviewed and approved by FDOT as a condition of the grant.

Tedd Williams, Jr., County Attorney, clarified that the intent of the motion is to approve the plans with certain bollards being eliminated which; however, these are FDOT plans for a State roadway and have been approved by FDOT and the City. The County could not remove the bollards without negotiation with the City and FDOT, and revisiting the issues under the existing agreement.

Discussion: FDOT District Secretary Stan Cann determined this is a local issue; landscaping section of FDOT approved the plans, not the traffic section; problem has been created by inability of vehicles to back into space with attached watercraft and remain there; vehicles are making multiple trips on the roadway to pull in, unload the watercraft, and pull out to park; may not cost much to remove some of the bollards in place; etc.

Mr. Mendenhall noted a contract completion date of June 2008.

Discussion: Commissioners could attend the Palma Sola Scenic Highway Committee meeting on May 14, 2008, to understand the extent of planning in the last five years; too many bollards are in now; minor adjustment to remove some; plan should not limit use of Causeway; discuss with FDOT and the City; use of Causeway is increasing; provide safety and separation; designated parking area; only place to bring horses; not functional; etc.

Terry Nipper, Flamingo Cay resident, noted the bollards are an eyesore, distracting, and block the parking area.

Diane Lindsman, Flamingo Cay resident, opposed the bollards in areas except where they are protecting trees and vegetation and urged removal.

Mr. McClash proposed adding language to the end of the motion to propose some type of meeting with the City of Bradenton and FDOT, then bring it back to the Board, but to make our position clear to have some of the bollards removed. The Board could withhold approval until such a time to meet with the City and FDOT about the removal of the bollards.

The motion failed 2 to 4, with Ms. Brown, Mrs. Hayes, Mrs. Stein, and Mrs. von Hahmann voting nay.

Motion was made by Ms. Whitmore to approve the agenda item with the stipulation that we meet with Palma Sola Scenic Highway Committee next week, have discussions with FDOT and the City about a potential revision of the present location of the bollards on the south side. The motion was seconded by Mrs. von Hahmann.

Discussion: Cannot approve a plan then take it back; look at revised plan; project almost finished; change plans after approval; etc.

Robert Eschenfelder, Assistant County Attorney, suggested a course of action to approve the plans. Contractually, the governing bodies are supposed to approve the plan although the Board did not have the opportunity to do so prior to the start of the project. Staff can then seek the other parties’ approval in the agreement to do any or all of the suggested modifications. (Depart Ms. Brown)

BCC MB 48/2908 MAY 6, 2008 (Continued)

Mr. Eschenfelder noted Risk Management must be consulted regarding liability issues with keeping the current launch slab in place. There is no contractual reason to approve the design today. No work will be done until approval is given by all governing bodies. This item could come back for approval at the May 20, 2008, meeting and still meet the deadline.

Ms. McClellan confirmed all expenditures and reimbursement requests must be in by June 30, 2008, which is the second and final extension.

Ms. Whitmore withdrew the motion.

Motion was made by Mr. McClash to direct staff to contact FDOT and the City about the possibility of removal of the bollards shown on the plans on the south side, as well as the concrete barriers and wheelstops, except those that are specific to protect any new plantings. The motion was seconded by Ms. Whitmore and carried 5 to 0.

Mrs. von Hahmann requested the item be set for May 20, 2008, at 1:30 p.m. BC20080506DOC074

FLEET REPLACEMENT PROGRAM Mike Brennan, Fleet Services Manager, spoke of the operation and success of the Vehicle Replacement Program and its success. Life cycles, depreciation rates, and the maintenance history of vehicles are studied and applied to the fleet. The replacement program offers a projected cost reduction of $431,292 for Fiscal Year 2009-10.

Ron Schulhofer, Public Works Interim Director, announced the Fleet Service Division participated in a national competition and was chosen as number 2 in North America. (Enter Ms. Brown)

Discussion: Outstanding job; huge savings for County; budget issues; incorporate hybrid vehicles into fleet; much better gas mileage; economy and savings; etc. BC20080506DOC075

(Depart Ms. Whitmore) ALTERNATIVE WATER COMMITTEE Mrs. von Hahmann noted all Water Management District Executive Directors were confirmed by the Senate, except Dave Moore of the Southwest Florida Water Management District (SWFWMD). SWFWMD will now request a contract to hire Mr. Moore for one year. Mrs. von Hahmann suggested the Board support the request.

Motion was made by Ms. Brown, seconded by Mrs. Hayes, and carried 5 to 0, to draft a letter to the Governor supporting the governing board recommendation to maintain the services of Mr. Moore and ask that it be dealt with next year under the Legislative Session. BC20080506DOC076 (Enter Ms. Whitmore)

AMERICAN IDOL Ms. Whitmore read a draft Proclamation declaring May 9, 2008, as Syesha Mercado Day and noted it will be presented to Ms. Mercado if/when she makes it to the final three contestants and visits Manatee County.

Motion was made by Ms. Whitmore, seconded by Mrs. Stein, and carried 6 to 0, to adopt the Proclamation. BC20080506DOC072

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

Adj: 2:41 p.m. /vj/mh

Minutes Approved: June 24, 2008

BCC MB 48/2909