JANUARY 24, 2012 the Board of County Commissioners, Manatee County, Florida, Met in REGULAR SESSION in the Administrative Center

JANUARY 24, 2012

The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112 Manatee Avenue West, Bradenton, Florida, at 9:02 a.m.

Present were Commissioners: John R. Chappie, Chairman Lawrence E. Bustle, Jr., First Vice-Chairman Michael Gallen, Second Vice-Chairman Robin DiSabatino, Third Vice-Chairman Donna Hayes Joe McClash Carol Whitmore

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

Invocation by Pastor Phillip Hamm, First Baptist Church of Palmetto

AGENDA Agenda of January 24, 2012, and agenda update memorandum. BC20120124DOC001

PROCLAMATION Motion was made by Mrs. DiSabatino, seconded by Mr. McClash, and carried 7 to 0, to adopt a Proclamation designating January 24, 2012, as Lakewood Ranch High School Pride Day accepted by the Lakewood Ranch Golf Team with Coaches Dave Frantz and Matt Gordon. BC20120124DOC002 SPORTS PERFORMANCE INDUSTRY Sharon Hillstrom, Manatee Economic Development Corporation, gave a presentation on Sports Performance Industry Development Strategy. She discussed the history of County sports, the catalyst to target sports performance, training facilities, and the creation of a Sports Performance Committee.

Community updates were presented by Sports Performance Committee Chairman Trevor Gooby, Pittsburgh Pirates/Bradenton Marauders; Paul Blackketter, Benderson Development Company LLC; Chris Ciaccio, IMG Academies; Elliott Falcione, Bradenton Area Convention & Visitors Bureau; Matt Ennis, State College of Florida; and Bob Bartz, Manatee County Chamber of Commerce.

A Destination Manatee video was shown, which was created to market Manatee County as a world class destination for the Sports Performance Industry.

Discussion: Anderson Race Track near Port Manatee; branding Destination Bradenton instead of Destination Manatee; marketing plan for Bradenton; community-based solutions; many assets; year-round vibrant economy; park impact fees should be marketed as sports assets; attracting tournaments with economic impact; importance of this economic engine; County parks; etc. BC20120124DOC003 CONSENT AGENDA Motion was made by Mr. McClash, seconded by Mrs. DiSabatino, and carried 7 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 deletion of Tax Deed Sale and Wares Creek, Phase III (separate items). Items approved:

BCC MB 48/4432 JANUARY 24, 2012 (Continued)

CLERKS CONSENT CALENDAR BC20120124DOC004 BONDS Central Park, Phase G-1b 1. Release Agreement Guaranteeing Completion of Required Improvements and Temporary Construction Easement for Private Improvements – Final Lift of Asphalt, $31,372.43. 2. Accept Agreement Guaranteeing Completion of Required Improvements and Temporary Construction Easement for Private Improvements with Central Park Lifestyles LLC – Final Lift of Asphalt, $31,372.43. 3. Accept Verification Certificate extending Surety Bond (5039286) to February 14, 2013, $31,372.43. BC20120124DOC005 El Conquistador Parkway, Phase Release Agreement Warranting Required Improvements; and Defect Security (Surety Bond 8216-32-15 and any associated rider[s]); $220,956.28. BC20120124DOC006 Gillette Grove Subdivision Release Agreement Warranting Required Improvements – Off-site 69th Street East Improvements; and Defect Security (Letter of Credit 08-46 and any associated amendment[s]); $14,418.69. BC20120124DOC007 Heritage Harbour, Phase 2 Accept Agreement Guaranteeing Completion of Required Improvements with Lennar Homes LLC – Roadway Extension; and Performance Bond (Letter of Credit FGAC-11059, automatic renewal until December 1, 2013), $2,299,201.78. BC20120124DOC008 Lost Creek Resort Apartments at Lakewood Ranch Accept Agreement Warranting Required Improvements with Lost Creek Apartments LLC; and Defect Security (Surety Bond 41236237), $23,972.35. BC20120124DOC009 McKinley Oaks (fka Mulholland Preserve) Release Agreement Warranting Required Improvements; and Defect Security (Surety Bond 5033825 and any associated rider[s]), $130,697.50. BC20120124DOC010 North Manatee Recycling and Disposal Offsite – C.R. 39 Accept Agreement Warranting Required Improvements with Sarasota Land Services, Inc. – Infrastructure Improvements for turn lane; and Defect Security (Surety Bond 21BCSEQ4107MTC), $39,975.31. BC20120124DOC011 University Parkway and Tuttle Avenue – Wal-Mart Store 1171-04 1. Release Agreement Guaranteeing Completion of Required Improvements – Securing the Additional Turn Lane Requirement; and Performance Bond (Surety Bond 105516925 TR 8024), $421,359.89. 2. Accept Agreement Warranting Required Improvements with Wal-Mart Stores East LP – Intersection Improvements; and Defect Security (Surety Bond 105687279 TR 8169), $32,412.30. BC20120124DOC012 Woods of Moccasin Wallow, Phase I 1. Release Agreement Guaranteeing Completion of Required Improvements – Final Lift of Asphalt, $82,978.35. 2. Accept Agreement Guaranteeing Completion of Required Improvements with The Woods of Moccasin Wallow LLC – Final Lift of Asphalt. This agreement will be for a one-year extension (expiring 5/4/12), secured by a previously accepted Performance Bond (Letter of Credit 68018775). BC20120124DOC013 WARRANT LIST January 10, 2012, through January 23, 2012 MINUTES December 20, 2011 ACCEPT 1. 2011 Donations to Manatee County – Annual Report to the Board of County Commissioners identifying the personal property, its physical location, and the department, office or agency to which the donations have been assigned. BC20120124DOC014

BCC MB 48/4433 JANUARY 24, 2012 (Continued)

2. Auditors’ Communication with those Charged with Governance as Required Under Statement on Auditing Standards 114 from Shinn & Company, P.A., and LarsonAllen LLP. BC20120124DOC015 3. Peace River Manasota Regional Water Supply Authority – Board of Directors Meeting Schedule for 2012. BC20120124DOC016 Contract Documents (Pursuant to Manatee County Code, Chapter 2-26): Professional Planning Services for the Manatee County Land Development Code – Amendment One to Agreement with Land Design Innovations, Inc., changing their name to Littlejohn Engineering Associates, Inc. BC20120124DOC017

COUNTY ADMINISTRATOR WORKFORCE BOARDS Authorize the Chairman to send letters to the Manatee County Legislative Delegation in opposition to House Bill 7023/Senate Bill 1398 regarding Regional Workforce Boards. OUTSIDE COUNSEL BC20120124DOC018 Authorization for the County Attorney to execute an agreement to retain the Shulman Rogers law firm for services related to the County’s FCC licenses via a form of agreement, and under such terms and conditions as approved by the County Attorney. FINAL PLAT – WOODBROOK PHASE 1 BC20120124DOC019 1. Final Plat; 2. Lot Drainage and Grading Plans; 3. Agreement Guaranteeing Required Improvements with Provident National Property Group – Final Wearing Course, and Performance Bond (Surety Bond 5039525), $116,602.71; 4. Agreement for Final Wearing Course of Asphalt on Roadways with Provident National Property Group; 5. Agreement Warranting Required Improvements with Provident National Property Group – Water and Wastewater Utilities, and Defect Security (Surety Bond 5039524), $40,820.64; 6. Off-Site Drainage Easement from Woodbrook Neighborhood Association, Inc.; 7. Agreement for the Installation and Maintenance of Publicly Owned Facilities Underlying Privately Owned and Maintained Developments with Provident National Property Group LLC and Woodbook Neighborhood Association, Inc.; and 8. Declaration of Covenants, Conditions and Restrictions for Woodbrook Phase 1. WINGATE CREEK MINE BC20120124DOC020 Authorization for staff to schedule public hearings for the April 12, 2012, Planning Commission and May 3, 2012, Board of County Commissioners’ regularly scheduled meetings, to consider the proposed amendment to the Wingate Creek Mine, DRI 4. BAKER ACT TRANSPORTATION EXCEPTION PLAN BC20120124DOC021 Authorization for the Chairman to sign a letter to Mr. Jeff Watts, Regional Director, Substance Abuse and Mental Health Program Office, Department of Children and Families, approving The Department of Children and Families, Suncoast Region, Substance Abuse and Mental Health, Manatee County Baker Act Transportation Exception Plan, dated May 2012. BC20120124DOC022 BUDGET AMENDMENTS Various Departments B-12-022 and B-12-024 Supporting Descriptions and Details Attached BC20120124DOC023 NORTH WATER RECLAMATION FACILITY BC20120124DOC024 Award invitation for Bid 11-2872DC for North Water Reclamation Facility Expansion Phase 1 to Mitchell & Stark Construction Co., Inc., for Alternate 2 and Bid “A” based on a 365 calendar day completion; and for the County Administrator or his designee to execute the Contract subsequently, with simultaneous dating of performance/payment bonds and acceptance of insurance certificates, $5,662,000. BC20120124DOC025 PIRATE CITY PROPERTY TAXES Authorization to pay the City of Bradenton a return of the County portion of County property taxes paid on Pirate City property, $64,335.75. BC20120124DOC026

BCC MB 48/4434 JANUARY 24, 2012 (Continued)

ROAD PLAT MAP/ERIE ROAD Execution and authorization to record in Road Plat Book, Erie Road Right-of-Way Map to delineate the additional right-of-way acquired for Erie Road. BC20120124DOC027 DEEDS AND EASEMENTS 1. Bashaw Elementary School/3515 57th Street East – Utility Easement and Affidavit of Ownership and Encumbrances from the School Board of Manatee County.BC20120124DOC028 2. Employee Health Benefits Building Purchase – Warranty Deed from Beach Court Investments LLC, for a commercial office building at 5213 4th Avenue Circle East. BC20120124DOC029 3. Peridia Property Owners/4950 Peridia Boulevard East – Utility Easement and Affidavit of Ownership and Encumbrances from Peridia Property Owners. BC20120124DOC030 4. Lost Creek Apartments LLC, SMR North 70 LLC/Lakewood Ranch Boulevard – Utility Easements and Affidavits of Ownership and Encumbrances from Lost Creek Apartments LLC and SMR North 70 LLC. BC20120124DOC031 WARES CREEK STORMWATER IMPROVEMENT PROJECT Execution of a Contract for Sale and Purchase for an Access and Maintenance Easement from Ariane St. Previl for the Wares Creek Stormwater Project, $19,600. BC20120124DOC032 DISASTER STAGING AREA R-12-003 A RESOLUTION AUTHORIZING THE MANATEE COUNTY BOARD OF COMMISSIONERS TO ENTER INTO A LICENSE AGREEMENT WITH TROPICANA MANUFACTURING COMPANY, INC., TO USE THEIR PROPERTY FOR EMERGENCY RESOURCE STAGING OPERATIONS (Execution of License Agreement for Warehouse 17 with Tropicana Manufacturing Company, Inc.) BC20120124DOC033 EMERGENCY MEDICAL SERVICES – UNCOLLECTIBLE ACCOUNTS R-12-032 RESOLUTION DESIGNATING CERTAIN DELINQUENT ACCOUNTS RECEIVABLE INCURRED BY PARTICULAR RECIPIENTS OF MANATEE COUNTY EMERGENCY MEDICAL SERVICES AS UNCOLLECTIBLE IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AND ADJUSTED TO ZERO IN THE ACCOUNTS RECEIVABLE LEDGER. BC20120124DOC034 MULTI-WAY STOP Authorization to install a multi-way stop on 36th Avenue East at 7th Street East. PARATRANSIT GRANT BC20120124DOC035 R-12-030 A RESOLUTION OF THE MANATEE COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE SIGNING AND SUBMISSION OF AN ANNUAL GRANT APPLICATION AND SUPPORTING DOCUMENTS AND ASSURANCES TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, THE ACCEPTANCE OF A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND THE PURCHASE OF VEHICLES AND/OR EQUIPMENT AND/OR EXPENDITURE OF GRANT FUNDS PURSUANT TO A GRANT AWARD (Grant application to the Florida Department of Transportation [FDOT], $1,208,060: $120,806 County and FDOT, $966,448 Federal Transit Administration Funds). SEWER ASSESSMENT PROJECT – DUDE RANCH ACRES BC20120124DOC036 Authorization to set a second public hearing on March 13, 2012, at 9:00 a.m., or as soon thereafter as possible, for Sewer Assessment Project 6073980 on 47th Avenue East in Dude Ranch Acres. BC20120124DOC037 WATER AND WASTEWATER FRANCHISE AGREEMENTS Execution of the Water and Wastewater Franchise Agreements for the City of Anna Maria from January 1, 2012, to December 31, 2026. BC20120124DOC038 DASHBOARD REPORT Acceptance of the dashboard report for the month of December 2011. BC20120124DOC039 (End Consent Agenda)

BCC MB 48/4435 JANUARY 24, 2012 (Continued)

PRESERVES AND PARKS Rusty Chinnis, Longboat Key resident, spoke of how wonderful Robinson Preserve and all other County parks are, and he has met many tourists who enjoy the facilities. As president of Sarasota Bay Watch, he discussed partnering with Manatee County and handed out stickers with contact/donation information. BC20120124DOC040

CODE ENFORCEMENT CASE 2006090215 – JAMES GANSKE, NKA WELLS FARGO BANK Joe Fenton, Building and Development Services Department, reported that fines have accrued since 2007 for the violation of building a porch without permits. Wells Fargo Bank, NA, foreclosed on the property, corrected the violation, and requested a fine reduction. The Special Magistrate recommended reducing the fine to $35,515, which is ten percent of the original fine. Wells Fargo did not agree with that recommendation.

Shelly Schellenberg, attorney for Wells Fargo Bank, NA, explained the original title report did not find the lien, and based on that mistake, the case must be reopened. A motion will be heard on February 23, 2012, to default or dismiss Manatee County out of the case. Wells Fargo purchased the home for $100 through foreclosure, and has costs to this point of $750. The bank has authorized an offer of $1,000 to offset staff costs. Clearing this lien would enable the property to be placed on the market and occupied, which would benefit all parties.

Discussion: Process; lien was recorded properly; Manatee County was omitted as a party; supplemental complaint will be filed naming Manatee County; major fine incurred; etc.

Maureen Sikora, Deputy County Attorney, explained the error was with the title company. This case was a building code violation that had serious safety violations; therefore, higher fines are assessed. The Code Enforcement Statute is silent regarding the priority of the liens, which is why banks take the position that the liens are released in foreclosure actions.

Motion was made by Mr. McClash and seconded by Ms. Whitmore, to accept $2,000 to reduce the fine to $2,000 to resolve this issue.

Discussion: Best to have homes occupied; is title company liable; recommended $35,515; Wells Fargo currently holds title; property worth $100,000 and mortgage was almost $200,000; etc.

Ed Hunzeker, County Administrator, explained the Code Enforcement program is supported by ad valorem taxes and can only be expanded by collecting fines.

Discussion: Fairness; recommendation; foreclosure risk; staff did right thing; need compliance; need to enforce codes; cannot always reduce fines; bank inherited fines; etc.

Tedd Williams, Jr., County Attorney, noted in this situation, Wells Fargo was not the owner of the property when the violation occurred. The fine is out of proportion for the offense.

John Barnott, Building and Development Services Director, added that the goal of Code Enforcement is compliance, not citations. A new plan and program will be presented to the Board in a work session when the new Land Development Code is drafted.

Mr. McClash and Ms. Whitmore restated the motion to reduce the fines for this case to $2,000 subject to the following conditions: 1. The reduced fines shall be paid within 30 days, or will revert to the original fine amount of $355,150 for CE2006090215. 2. Recording fees need to be collected, which total $40. 3. Building and Development Services Department Director is authorized to sign satisfactions of liens if the reduced fines are paid. The motion carried 7 to 0. BC20120124DOC041 BCC MB 48/4436 JANUARY 24, 2012 (Continued)

(Depart Mrs. Hayes) 51ST AVENUE EAST AT 15TH STREET EAST Motion was made by Mr. McClash, seconded by Ms. Whitmore, and carried 6 to 0, for adoption of Resolutions: R-12-034 A RESOLUTION OF NECESSITY AND FOR EMINENT DOMAIN PROCEEDINGS FOR THE PUBLIC USE AND PUBLIC PURPOSE OF CONSTRUCTING, WIDENING, OR IMPROVING A PUBLIC STREET, ROAD, OR HIGHWAY AS PART OF THE PUBLIC ROAD SYSTEM IN MANATEE COUNTY, FLORIDA (Property Owner: Daryl Brown, Parcels 114 and 714) and R-12-035 A RESOLUTION AUTHORIZING USE OF “QUICK TAKING” CONDEMNATION PROCEEDINGS FOR THE PUBLIC USE AND PUBLIC PURPOSE OF CONSTRUCTING, WIDENING, OR IMPROVING A PUBLIC STREET, ROAD, OR HIGHWAY AS PART OF THE PUBLIC ROAD SYSTEM IN MANATEE COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. BC20120124DOC042 COUNTY ADMINISTRATOR - 2011 ANNUAL REPORT Mr. Hunzeker displayed photographs illustrating the daily work of Manatee County employees while presenting the Annual Report and goals for the coming year. The budget was reduced by $22 million, including a $7 million reduction in property taxes, bringing the total reduction since 2007 to more than $140 million. For the fourth consecutive year, there were insufficient funds to provide employees with an annual salary adjustment, which has caused some employees to move to the private sector for higher-paying jobs. Despite budget reductions, major service interruptions were avoided, strong bond ratings continue, and services remain due to the hard work and dedication of employees. Many departments were streamlined and reorganized to meet community needs; Economic Development Incentive grants were awarded to businesses; impact fees were reduced; and sports, tourism, and parks were enhanced and promoted. A slow economic rebound is anticipated for 2012 aided by job recruitment and business investments from around the state, region, and country. BC20120124DOC043

Recess/Reconvene. All members present.

TAX DEED SALE Mr. Bustle expressed concern regarding this State Housing Initiatives Partnership (SHIP) property which was sold at a tax deed sale (owner Juanita Randolph, 1816 18th Street East, Palmetto). County proceeds were $17,613.85, which left an unpaid balance of $45,387.15. The motion to accept $10,000 as full payment for the SHIP mortgage would result in a significant loss to taxpayers. The buyer was not notified that a government lien survives the Tax Deed sale. He suggested the County could foreclose on the property as lien holder, take possession, and sell the property at market value to pay the SHIP mortgage. Procedures dictate, when the County takes possession of property, it is then donated to a not-for-profit organization. Procedures should be changed due to the outstanding mortgage.

Discussion: Returned SHIP funds help others; economic conditions; County recovering a portion of the funds; etc.

Jim Cooney, Deputy County Attorney, noted this was a rehabilitation loan. The property probably would not have sold if the buyer knew of the surviving lien. The new property owner has spent significant funds. It benefits the County to have the property in a habitable condition. The County will recuperate approximately one half of the invested funding.

Motion was made by Mr. Bustle, seconded by Mr. Gallen, and carried 7 to 0, for approval and acceptance of $10,000 from Bay Living, Inc., as full payment for the outstanding Rehabilitative State Housing Initiatives Partnership mortgage. BC20120124DOC044

Recess/Reconvene. All members present except Mrs. Hayes.

BCC MB 48/4437 JANUARY 24, 2012 (Continued)

LAWSUITS – WARES CREEK, PHASE III Presented for adoption for the Wares Creek Phase III stormwater improvements were Resolutions: RESOLUTIONS OF NECESSITY AND FOR EMINENT DOMAIN PROCEEDINGS FOR THE PUBLIC USE AND PUBLIC PURPOSE OF CONSTRUCTION ACTIVITIES, WIDENING, DEEPENING, DREDGING, CLEARING AND SNAGGING OF THE BANKS, OR OTHERWISE IMPROVING THE WARES CREEK FLOODWAY AND STORMWATER IMPROVEMENT AREA AS PART OF THE WARES CREEK STORMWATER FLOOD CONTROL PUBLIC PROJECT IN MANATEE COUNTY, FLORIDA. R-12-012 – Property Owner: Bradenton Tropical Palms, Inc. (Parcels E-101.1, E-101.2 and E-101.3) AND RESCINDING AND REPLACING RESOLUTION R-08-275; R-12-014 – Property Owner: Agnes C. Watkins, as Trustee of The Agnes C. Watkins Revocable Living Trust, dated January 12, 2000; Agnes C. Watkins, Settlor and/or Trustee; Mary Ann Watkins; James Frederick Watkins; and William Michael Watkins (Parcels E-104.1 and E-104.2); R-12-020 – Property Owner: Amber Zane (Parcel E-115.2); R-12-022 – Property Owner: Michael Gray (Parcel E-117.2); R-12-024 – Property Owner: Presbyterian Retirement Communities, Inc., fka Presbyterian Homes of the Synod of Florida (Parcels W-261.1, W-261A.1, W-262.1, and W-262.6); R-12-026 – Property Owner: DeSoto Oaks Ventures LLC (Parcel W-280.1); and R-12-028 – Property Owner: Patricia A. Forshey, Michael S. Forshey, and The Estate of Augusta R. Forshey, Deceased (Parcel W-297.1); and RESOLUTIONS AUTHORIZING USE OF “QUICK TAKING” CONDEMNATION PROCEEDINGS FOR THE PUBLIC USE AND PUBLIC PURPOSE OF CONSTRUCTION ACTIVITIES, WIDENING, DEEPENING, DREDGING, CLEARING AND SNAGGING OF THE BANKS, OR OTHERWISE IMPROVING THE WARES CREEK FLOODWAY AND STORM WATER IMPROVEMENT AREA AS PART OF THE WARES CREEK STORM WATER FLOOD CONTROL PUBLIC PROJECT IN MANATEE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE R-12-013 (Parcels E-101.1, E-101.2 and E-101.3) RESCINDING AND REPLACING RESOLUTION R-08-276; R-12-015 (Parcels E-104.1 and E-104.2); R-12-021 (Parcel E-115.2); R-12-023 (Parcel E-117.2); R-12-025 (Parcels W-261.1, W-261A.1, W-262.1, and W-262.6); R-12-027 (Parcel W-280.1); and R-12-029 (Parcel W-297.1).

Rodney Wade, Deputy County Attorney, responded to questions regarding parcels in Bradenton Tropical Palms. He referred to an aerial of Wares Creek, and explained the property in Bradenton Tropical Palms overlaps to the center of the Creek on both sides. This section will be taken as fee simple to the center line of the Creek. Approximately 20 mobile homes have been removed to acquire easements. The County has paid the homeowners fees for those lots, but that obligation will end with the fee simple taking. The negotiated taking prices include costs for Tropical Palms to replace the road and other infrastructure.

Discussion: Lack of negotiated agreement; improvements assist residents; flood control; road improvements; monthly fees; attempted negotiations since 2007, but must condemn the properties; taxpayer dollars; will come back to Board if costs exceed offer amounts; etc.

Motion was made by Mr. McClash, seconded by Mrs. DiSabatino, and carried 6 to 0, to adopt the listed Resolutions. BC20120124DOC045

BCC MB 48/4438 JANUARY 24, 2012 (Continued)

COMMISSIONERS’ COMMENTS Town Hall Meeting Mrs. DiSabatino thanked all who attended the meeting at Trailer Estates.

Woodruff and Sons, Inc. Mrs. DiSabatino submitted a brochure and spoke of visiting the company, which has been in business since 1946 and in Manatee County since 1973. BC20120124DOC046

LEGISLATIVE BILLS Mr. Gallen noted there are two proposed House Bills that may benefit Manatee County regarding after-hours use of public school facilities.

Motion was made by Mr. Gallen and seconded by Mrs. DiSabatino, to add to the legislative platform, HB 431 and HB 808, regarding joint use of school recreation facilities.

Discussion: Could become unfunded mandate; liability; supervision; tort protection; model joint use agreement; grant criteria for groups; cost neutral ways to monitor, and open and close fields; skate parks have not posed problems; high-risk sports; etc.

The motion carried 6 to 0. BC20120124DOC047

COMMISSIONERS’ COMMENTS (Continued) Mullet Mr. Gallen discussed the prospect of popularizing mullet and consulting with local fish industry representatives and organizations to help promote the next mullet season.

Discussion: Feeding the hungry; need local processing company for the roe; why ship overseas; incentives; Ms. Whitmore to meet with local businesses and bring back report; etc.

SharePoint Site – “Who Owns It” Ms. Whitmore commented that Commissioner’s computers are supposed to have an icon for the “Who Owns It” list of County issues. She asked for the icon to be placed on the desktop.

Bus Service on Canal Road Ms. Whitmore noted a bus service request from a resident on Canal Road and found that budget constraints prohibit service in that area.

Anderson Race Track Ms. Whitmore commented on the professional go-cart track where lessons are offered, or the public can ride for fun at a cost of $25 for fifteen minutes.

Bradenton Main Street Businesses Ms. Whitmore complimented the Bradenton Downtown Development Authority and Realize Bradenton for contributing to the successful activities and businesses on Main Street.

National Media - Anna Maria Island Ms. Whitmore spoke of an article in Southern Living magazine on retail therapy, which focused on Pine Avenue in Anna Maria.

Logue Road Ms. Whitmore relayed that Logue Road resident, David Bartley was seeking information on maintenance and/or paving Logue Road, which is in disrepair. It is used regularly by deputies and others to access the shooting range.

Discussion: Status report; no funds to pave Logue Road; budget cuts; road assessments; etc. BCC MB 48/4439 JANUARY 24, 2012 (Continued)

Metropolitan Planning Organization Mr. McClash noted the Metropolitan Planning Organization (MPO) approved the Venice By-Pass with six lanes. The project will cost $72 million for the northern segment and $30 million for the southern segment. Transportation philosophy is changing to not overbuild road systems, and a work session would be beneficial. Roadways are becoming more pedestrian friendly.

7th Street, Palmetto (Continued from Civic Center Authority Meeting earlier this date) Mr. McClash spoke of resolving local issues during charrettes where stakeholders come together to brainstorm before funds are spent. The DeSoto Bridge should have sidewalks, and the corridor from Bradenton to Palmetto is the most congested in the County. Previous studies have been done, and it is time to plan and review the options before money is spent.

Discussion: Other projects and bridge issues that were resolved during charrettes; recent low-impact designs for corridors; developers and environmentalists working together; planning issue; charrette and study costs; who pays for corridor study; review old studies; etc.

Mr. McClash stated the purpose would be to review the previous studies. A budget of $5-10 thousand would cover the cost of a charrette. The highly congested 7th Street corridor should have a transportation plan. The County should have input for this corridor connection when the Florida Department of Transportation (FDOT) designs the U.S. 301 corridor. The Estuary Park in Palmetto cannot connect to Bradenton without sidewalks on DeSoto Bridge. An easy solution may be cantilever sidewalks. The MPO multi-modal emphasis corridor plan did not include the DeSoto Bridge, and it should be included to access MPO funding.

(Depart Ms. Whitmore) Discussion: Studies; mobility plan; joint study with Bradenton and Palmetto; U.S. 41 corridor enhancement partnered with Sarasota County; additional information; pedestrian connections; gather group information for charrette; etc. (Note: Further discussion in Commissioner’s Comments) BC20120124DOC048

West Coast Inland Navigation District Mr. McClash thanked Charlie Hunsicker, Natural Resources Director, for the West Coast Inland Navigation District report. There are two missing, green markers in the Manatee River at the Snead Island cut that should be replaced. It would be beneficial to have a monthly report from the Coast Guard Auxiliary to address safety issues such as shoaling or markers.

Discussion: Need more time to prepare for scheduled meeting on January 31, 2012; etc.

North Coquina Channel Mr. McClash noted agreement with the survey results that show there is a channel to the west with deep water that may not have to be dredged. He will discuss with staff.

Boat Ramp Projects Mr. McClash spoke of expediting the boat ramp projects now that funding is in place. The Fort Hamer ramp ties into the rowing facility, and he encouraged moving forward.

Mr. Chappie noted the City of Palmetto has purchased the property adjacent to the Palmetto boat ramp, and staff needs more time to furnish a report.

Discussion: Boaters can park there; Mr. Hunzeker will meet with Mayor Bryant and her staff tomorrow; expand existing ramp to three stalls; expand parking if landscaping modified; etc.

House Bill 421/Agriculture-Related Exemptions to Water Management Requirements Mr. McClash thanked Mr. Chappie for representation on this Bill and offered support for any further actions. BCC MB 48/4440 JANUARY 24, 2012 (Continued)

Mr. Chappie commented that prior opposition was supported by the Board, and the County was represented well by Information Outreach Coordinator Nick Azzara.

Discussion: Copies will be provided; enforcement set; prohibition of commercial (fertilizer) applicators during rainy season; etc.

Mr. Azzara noted the latest amendment would exempt certified commercial applicators from any blackout restrictions in local ordinances. There are no blackout sales periods in Manatee County, but there are blackout application periods. The Board opposed the original Bill in December.

Discussion: Agree with compromise language; lengthy conversation with environmental lobbyists; etc.

Dashboard Report/Land Development Applications Mr. Bustle pointed out the rise in land development applications.

Discussion: Averaged 20-23 applications a month for last two years and had 80 last month; huge increase; etc.

Public Safety Response Time Mr. Bustle commented on emergency response times for different areas in the County. He asked for a scatter diagram to show the range of times instead of averages.

Discussion: Look at geographical areas; different response times in rural parts of County; areas that need work; etc.

Wares Creek Tour Mr. Chappie thanked all for the tour.

Manatee River Garden Club Mr. Chappie thanked the Club for the $1,000 donation, which will be used at Emerson Point Preserve.

Library Services Mr. Chappie thanked Central Library Services Manager, Ava Ehde for attending the Island Kiwanis meeting.

Board Meeting Invocations Mr. Chappie spoke of the Supreme Court opinion regarding allowing local clergy to offer public prayers at government meetings.

Tedd Williams, Jr., County Attorney, explained the decision by the Federal Fourth Circuit Court of Appeals was different from the Eleventh Circuit Court of Appeals which allows prayers. The Supreme Court of the United Stated denied Certiorari in the Fourth Circuit case, which means it will not be reviewed. County policies and procedures were modified to conform with the Eleventh Circuit requirements.

Telephonic Participation By Commissioners Mr. Chappie requested legal review regarding the rules for allowing electronic participation in meetings when Commissioners are voluntarily absent in lieu of illness or other obligations.

Discussion: Article by Rob Eschenfelder on process of public meetings; need policy; etc.

BCC MB 48/4441 JANUARY 24, 2012 (Continued)

Southwest Airlines Mr. Chappie suggested sending a letter to Southwest Airlines requesting they reconsider leaving Sarasota-Bradenton International Airport.

Discussion: Have Mr. Hunzeker meet with airline representatives; staff working on issue; currently serving Ft. Myers and Tampa; access to Atlanta; Economic Development Council (EDC) and Convention and Visitors Bureau (CVBC) addressing other options; etc.

Pink Palace Hotel Mr. Chappie inquired on the status of the development agreement.

Mr. Hunzeker is meeting with Deputy County Attorney Bill Clague today to discuss.

7th Street, Palmetto (Continued) Mr. Chappie submitted a copy of the September 15, 2009, minutes and a letter from former Commission Chairman Gwen Brown to Mayor Bryant that was obtained during the recess.

Mr. Hunzeker confirmed he will meet with Mayor Bryant tomorrow to discuss baseball fields, boat ramps, 7th Street, and all other relevant issues.

Discussion: Palmetto CRA; County invested with Convention Center and boat ramp; $19 million in incremental funds have gone back to the City of Palmetto; same as Port Encouragement Zone and TIF; will not make money until values increase; community CRA dollars; partner with City of Palmetto; money back into Convention Center and possible hotel will create funds for city; etc. BC20120124DOC048

Crosley Estate Mr. Hunzeker noted “Hemingway at the Crosley” will be held January 24 – February 3, 2012.

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

Adj: 2:45 p.m. /qa/mr

Minutes Approved: March 13, 2012

BCC MB 48/4442