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September MINUTES BOARD OF COUNTY

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September MINUTES BOARD OF COUNTY Powered By Docstoc
					September 11, 2007                        MINUTES                          9:00 a.m.
                               BOARD OF COUNTY COMMISSIONERS

                         SARASOTA COUNTY ADMINISTRATION CENTER
                                1660 RINGLING BOULEVARD
                              COUNTY COMMISSION CHAMBER
                                   SARASOTA, FLORIDA

Nora Patterson, Chair, District 4
Shannon Staub, Vice Chair, District 3
Paul H. Mercier, District 1
Joseph A. Barbetta, District 2
Jon Thaxton, District 5

Also present were:

James Ley, County Administrator
Stephen DeMarsh, County Attorney
Kathleen Schneider, Deputy County Attorney
Peter Ramsden, Clerk of the Circuit Court Finance Director
Latressa Preston, Deputy Clerk
Paula Clintsman, Deputy Clerk

(09:02 a.m.)
INVOCATION

Planning and Development Services Executive Director Rob Lewis

(09:03 a.m.)
PLEDGE OF ALLEGIANCE

Commissioner Thaxton

(09:03 a.m.)
PROCLAMATIONS:

Selby Library Youth Services Staff Bee Green Summer Reading Program
Financial Planning Week - October 1 through October 7, 2007
U.S. Constitution Week - September 17 through September 23, 2007

(09:15 a.m.)
PRESENTATION:

The Solid Waste Association of North America (SWANA) National Awards

(09:20 a.m.)
CONSENT SECTION:

      9:21 a.m. Board Action: Approved Items 1-34, with separate discussions on Items
      2, 15, 21, 28, 29 and 33 and with no action taken on Item No. 27 as follows.
      Moved by Thaxton, seconded by Staub, carried by a 5-0 vote.

1.    COMMUNITY SERVICES
      Appointed Jonathan Sams to serve a one-year term on the Library Advisory
      Board, as the STAR (Students Taking Active Roles) in Government
      Representative, effective through May 2008.

(09:21 a.m.)
2.    COMMUNITY SERVICES
      Approved Contract No. 2007-447 with Howell Construction Group, Inc., for the
      restoration of Nokomis Beach Plaza, in the amount of $1,330,033.95.

      9:24 a.m. Board Action: Approved Contract No. 2007-447 with Howell
      Construction Group, Inc. Moved by Staub, seconded by Thaxton, carried by a 4-1
      vote; Patterson voted "No."

3.    COMMUNITY SERVICES
      Adopted Resolution No. 2007-212 authorizing the execution of Contract No. 2007-
      448, a Lease Agreement with the City of Venice for the use of a portion of the
      bayside of the Nokomis Beach Park for a staging location for the Reef Mitigation
      Project.

4.    EMERGENCY SERVICES
      Approved Contract No. 2007-449, a Funding Agreement, with Sarasota County K-
      9 Search and Rescue, Inc., for Fiscal Year (FY) 2008 volunteer aid, in the amount
      of $28,000.00.

5.    ENVIRONMENTAL SERVICES
      Adopted Resolution No. 2007-215 authorizing submittal of a funding request to the
      Florida Department of Environmental Protection (FDEP) for the South Siesta Key
      Beach Restoration Project and authorizing the County Administrator to execute
      the funding application and any other necessary documentation.

6.    ENVIRONMENTAL SERVICES
      Appointed Stephen M. Suau, P.E., to fill an unexpired four-year term on the
      Stormwater Environmental Utility Advisory Committee (SEUAC), effective through
      January 2008.

7.    ENVIRONMENTAL SERVICES
      Authorized the County Administrator to appoint Hearing Examiners to conduct the
      required public hearings for the Aqua Utilities Florida rate increase request and for
      the Sylvan Lea, Inc., rate case.

8.    ENVIRONMENTAL SERVICES
A.    Adopted Resolution No. 2007-216 setting the compensation rate for Hearing
      Examiners to conduct public utility rate hearings;
B.    Adopted Resolution No. 2007-217 setting the compensation rate for Public
      Counsel to represent the Intervenors at the public utility rate hearings.

9.    ENVIRONMENTAL SERVICES
A.    Adopted Resolution No. 2007-218 approving the Pass-Through Rate Adjustment
      for the increased cost of purchased water for Dolomite Utilities Corporation;
B.    Adopted Resolution No. 2007-219 approving the Pass-Through Rate Adjustment
      for the increased cost of purchased water for South Gate Utilities, Inc.

10.   ENVIRONMENTAL SERVICES
A.    Approved Contract No. 2007-450, Amendment No. 2 to Contract No. 2005-291,
      with the Southwest Florida Water Management District (SWFWMD) for the
      Sarasota Bay Spoil Islands Restoration Projects, in the amount of $200,000.00;
B.    Adopted Resolution No. 2007-220, Budget Amendment No. B2007-085, amending
      the Fiscal Year (FY) 2007 Budget to appropriate the grant funding.

11.   ENVIRONMENTAL SERVICES
      Approved Contract No. 2007-451, Specific Authorization No. 2 to Contract
      No. 2002-418, with Baskerville-Donovan, Inc., for construction management
      services for the Phillippi Creek Septic System Replacement Program (PCSSRP),
      Area "A" Force Main Interconnect Project, in an amount not to exceed
      $173,145.54.

12.   FINANCIAL PLANNING
      Approved payment to Laura Trubac and Frank Kelley, for full and final settlement
      of their property damage claim, in the amount of $10,102.98.

13.   FINANCIAL PLANNING
      Authorized the conveyance of surplus property items to the School Board, removal
      from the Fixed and Moveable Detail Inventory Listing, and surplus property items
      for auction, trade, and/or disposal.

14.   FINANCIAL PLANNING
      Authorized the disposal of vehicles and off-road equipment.

(09:26 a.m.)
15.   FINANCIAL PLANNING
      Authorized advertisement of a public hearing to consider a proposed Ordinance, to
      amend Ordinance No. 89-051, as codified in Chapter 122, Article II, Section 122 of
      the County Code, relating to Parking Violations and waived the requirement for an
      Economic Impact Statement (EIS).

      9:29 a.m. Board Action: Authorized advertisement of a public hearing to consider
      a proposed Ordinance, to amend Ordinance No. 89-051, relating to Parking
      Violations and waived the requirement for an EIS. Moved by Staub, seconded by
      Thaxton, carried by a 5-0 vote.

16.   HEALTH AND HUMAN SERVICES
A.    Approved Contract No. 2007-452, a Grant Agreement, with the Florida
      Department of Community Affairs (FDCA), for Community Services Block Grant
      (CSBG) funded homelessness prevention services, in the amount of $140,845.00;
B.    Approved Contract No. 2007-453, a Subgrant Agreement, with the Salvation
      Army, a Georgia Corporation, for CSBG funded homelessness prevention
      services, in the amount of $140,845.00 and an additional matching amount of
      $28,169.00.

17.   HEALTH AND HUMAN SERVICES
      Approved four Contracts for payment of OB/GYN (Obstetric and Gynecological)
      Services for the Health Department, in the amount of $160,000.00, as follows:
A.    Contract No. 2007-454 with Dr. John Abu;
B.    Contract No. 2007-455 with Dr. Ezer Ojeda;
C.    Contract No. 2007-456 with Dr. Evelyn Santiago;
D.    Contract No. 2007-457 with Dr. Christopher Swain.

18.   HEALTH AND HUMAN SERVICES
      Authorized execution of the Fiscal Year (FY) 2008 Annual State Certified Budget
      for Mosquito Management Services.

19.   HEALTH AND HUMAN SERVICES
      Approved the Tobacco Free Campus Policy being developed by Health and
      Human Services.

20.   INFORMATION TECHNOLOGY
      Approved Contract No. 2007-458, a Renewal Agreement to Contract No. 2003-
      282, with Monroe County for the GovMax Hosted Application Service, extending
      the date to May 31, 2008.

(09:29 a.m.)
21.   PLANNING AND DEVELOPMENT SERVICES
A.    Adopted Ordinance No. 2007-061, approving Village on the Trail Development Of
      Critical Concern (DOCC), a petition by SDC Communities, Inc., for 221 acres ±
      located south of State Road (S.R.) 681, west of the Seminole Gulf Railroad, and
      east of U.S. 41, as amended and approved by the Board on July 11, 2007, by a 5-
      0 vote;
B.    Adopted Ordinance No. 2007-060, approving Rezone Petition No. 06-40, a petition
      by Donald Neu, Agent, to rezone 221 acres ± located south of S.R. 681, west of
      the Seminole Gulf Railroad, and east of U.S. 41, from RMH (Residential,
      Manufactured Home, 5 units/1 acre) to RMF-2/PUD (Residential Multi-Family, 9
      units/1 acre), Planned Unit Development Overlay zone district, as amended and
      approved by the Board on July 11, 2007, by a 5-0 vote.

      Item submitted: Revised language for Stipulation No. 29 of Ordinance No. 2007-
      060.

      9:31 a.m. Board Action: Adopted Ordinance No. 2007-061, approving Village on
      the Trail DOCC. Moved by Staub, seconded by Barbetta, carried by a 5-0 vote.

      9:31 a.m. Board Action: Adopted Ordinance No. 2007-060, approving Rezone
      Petition No. 06-40 with 29 stipulations, as amended. Moved by Staub, seconded
      by Barbetta, carried by a 5-0 vote.

22.   PLANNING AND DEVELOPMENT SERVICES
      Adopted Resolution No. 2007-221 revising the number of full-time equivalent jobs
      created for Lowe’s Home Centers, Inc., from 137 full-time equivalent jobs to 125
      full-time equivalent jobs, recommending that they be approved under the
      Brownfield Redevelopment Bonus Refund Program, that the County exercise its
      option for an exemption from the local financial support for the Bonus Refund, and
      rescinding Resolution No. 2004-090 on the same subject.

23.   PLANNING AND DEVELOPMENT SERVICES
A.    Approved Contract No. 2007-459, a Grant Agreement, with the Gulf Coast
      Community Foundation of Venice for reimbursement of the Neighborhood Grant
      Funds for Projects awarded funding in the Neighborhood Grant Program, Cycle VII
      and Cycle VIII, in the amount of $32,711.07;
B.    Adopted Resolution No. 2007-222, Budget Amendment No. B2007-0283,
      amending the Fiscal Year (FY) 2007 Budget to acknowledge the receipt of funds
      from the Gulf Coast Community Foundation of Venice.

24.   PLANNING AND DEVELOPMENT SERVICES
A.    Reappointed Anthony Catalano, III, to serve a three-year term on the General
      Contractors Licensing and Examining Board, as the Architect Representative,
      effective through September 2010;
B.    Appointed Herbert Stutman to serve a three-year term on the General Contractors
      Licensing and Examining Board, as the Civil/Structural Engineer Representative,
      effective through September 2010.

25.   PLANNING AND DEVELOPMENT SERVICES
      Reappointed Joseph Dalton to serve a three-year term on the Mechanical
      Contractors Licensing and Examining Board, as the Master Plumber
      Representative, effective through September 2010.

26.   PLANNING AND DEVELOPMENT SERVICES
      Ratified Resolution No. 2007-137, denying Special Exception Petition No. 1648, a
      petition by Charlie Dean, Agent, to allow an approximately 195-foot alternative
      tower structure on the property located south of Fruitville Road and east of Ruger
      Ranch Road, as adopted by the Board on June 6, 2007, by a 5-0 vote.

(09:46 a.m.)
27.   PLANNING AND DEVELOPMENT SERVICES
      To ratify Resolution No. 2007-153, denying Special Exception Petition No. 1649, a
      petition by Lauralee Westine, Agent, to allow an approximately 190 foot alternative
      tower structure on property located north of Laurel Road between U.S. 41 and
      Interstate 75 (I-75), in the OUE-1 (Open Use, Estate, 1 unit/5acres) zone district,
      adopted by Board action on June 26, 2007, by a 5-0 vote.

      9:47 a.m. Board Action: Noted majority consensus by Patterson to take no action
      to ratify Resolution No. 2007-153 denying Special Exception Petition No. 1649, as
      recommended by the County Attorney.

(09:31 a.m.)
28.   PLANNING AND DEVELOPMENT SERVICES
      Adopted Ordinance No. 2007-045, approving Rezone Petition No. 06-37, a petition
      by Don Neu, Agent, to rezone approximately 5.02 acres located west of Gantt
      Road and approximately 600 feet north of Clark Road from OUE-1 (Open Use,
      Estate, 1 unit/5 acres) to RMF-2 (Residential, Multi-Family, 9 units/1 acre) zone
      district, as approved by the Board on May 9, 2007, by a 3-1 vote, with Thaxton
      voting "No" and Barbetta not present.

      9:32 a.m. Board Action: Adopted Ordinance No. 2007-045, approving Rezone
      Petition No. 06-37 with eight stipulations. Moved by Staub, seconded by Mercier,
      carried by a 4-1 vote; Thaxton voted "No."

      2:51 p.m. Board Action: Revised Stipulation No. 7 to read as follows:
      "Ten percent of the total number of residential units construcuted on the property
      shall be affordable to buyers of 100 percent Area Median Income (AMI) or less as
      qualified by the Community Housing Trust. The units shall be Affordable Housing
      Units, and shall be affordable and sold to qualified buyers meeting the 100
      percent of AMI standard for Sarasota County for affordable housing units. The
      units shall also be made subject to recorded restrictions requiring sale and resale
      according to the standards established for such units by the Community Housing
      Trust." Moved by Staub, seconded by Mercier, carried by a 4-1 vote; Thaxton
      voted "No."

(09:33 a.m.)
29.   PUBLIC WORKS
      Adopted Resolution No. 2007-225 to lower the speed limit on River Road between
      U.S. 41 and Interstate 75 (I-75) from 55 miles per hour to 45 miles per hour.

      9:36 a.m. Board Action: Adopted Resolution No. 2007-225. Moved by Staub,
      seconded by Thaxton, carried by a 5-0 vote.

30.   PUBLIC WORKS
      Granted a permanent utility easement to Florida Power and Light Company (FPL)
      for the construction, operation, and maintenance of underground conduits and
      appurtenant equipment for the Phillippi Creek Septic System Replacement
      Program (PCSSRP), Area "A" Force Main Interconnect Project located at
      Longwood Run Park.

31.   PUBLIC WORKS
      Approved Contract No. 2007-460, a Lease Agreement, with Bayou Associates,
      Ltd., for office space located at 1751 Mound Street, Suite 205, to house the
      Sarasota Partnership for Children’s Mental Health, in the amount of $75,957.96.

32.   PUBLIC WORKS
      Approved Contract No. 2007-461 with Frederick Derr and Company, Inc., for the
      construction of road improvements, public transit, facilities, trails, and sidewalks,
      in an amount not to exceed $4,755,599.31 over the next three years.

(09:36 a.m.)
33.   SUPERVISOR OF ELECTIONS
      Adopted Resolution No. 2007-226 revising the existing precinct boundary lines for
      Precincts 18, 28, 55, 62, 133, 150, and 153.

      Public Presenters: Supervisor of Elections South County Coordinator Terrina
      Powell and Supervisor of Elections GIS (Georgraphic Information
      System) Coordinator Antione Henry

      9:41 a.m. Board Action: Adopted Resolution No. 2007-226 revising the existing
      precinct boundary lines for Precincts 18, 28, 55, 62, 133, 150, and 153. Moved by
      Staub, seconded by Mercier, carried by a 5-0 vote.

34.   CLERK OF THE CIRCUIT COURT AND COUNTY COMPTROLLER
      Ratified and approved the warrants dated August 20 through August 31, 2007, in
      the amount of $18,750,020.20, as detailed in the voucher packages filed in the
      Finance Department.

(09:47 a.m.)
SARASOTA COUNTY TRANSPORTATION AUTHORITY - CONSENT SECTION

(09:47 a.m.)
35. PUBLIC WORKS
      Approved Contract No. 2007-462, an Interlocal Agreement, with Manatee
      County for Inter-County Bus Service.

      Chair Patterson recessed the Board of County Commissioners (BCC) and
      convened as the Sarasota County Transportation Authority (SCTA).

      9:47 a.m. Board Action: Approved Contract No. 2007-462. Moved by Staub,
      seconded by Thaxton, carried by a 5-0 vote.

      Chair Patterson adjourned the SCTA and reconvened as the BCC.

DISCUSSION SECTION:

(09:48 a.m.)
36. FINANCIAL PLANNING
      The Board considered the appointment of four individuals to serve on the
      Citizens Tax Oversight Committee (CTOC), effective through August 2009,
      as follows:
A.    Frank Reuss to serve as the District 1 Representative;
B.    Jason Saikaley to serve as the District 2 Representative;
C.    To appoint one individual to serve as the District 4 Representative;
D.    To appoint one individual to serve as the At-Large Representative.

      9:49 a.m. Board Action: Appointed Frank Reuss to serve as the District 1
      Representative. Moved by Staub, seconded by Barbetta, carried by a 5-0 vote.

      9:49 a.m. Board Action: Appointed Jason Saikaley to serve as the District 2
      Representative. Moved by Staub, seconded by Barbetta, carried by a 5-0 vote.

      9:51 a.m. Board Action: Appointed Vivian Roe to serve as the District 4
      Representative. Moved by Staub, seconded by Thaxton, carried by a 5-0 vote.

      9:51 a.m. Board Action: Closed the nominations. Moved by Staub, seconded by
      Thaxton, carried by a 5-0 vote.

      9:51 a.m. Board Action: Noted majority consensus by Patterson to appoint Brian
      Meurs to serve as the At-Large Representative.

(09:51 a.m.)
37. PLANNING AND DEVELOPMENT SERVICES
A.    The Board considered the continuation of expediting rezone and special exception
      petitions and site and development and building permits for Green Building and
      Development;
B.    The Board considered the elimination of Green Certification refunds effective
      December 28, 2007.

      Staff Presenter: Planning and Development Services Chief Building Official Paul
      Radauskas

      9:56 a.m. Board Action: Approved Staff’s recommendations to continue
      expediting rezone and special exception petitions and site and development and
      building permits for Green Building and Development and to elimate Green
      Certification refunds effective December 28, 2007. Moved by Staub, seconded by
      Thaxton, carried by a 5-0 vote.

(09:56 a.m.)
38. PLANNING AND DEVELOPMENT SERVICES
      The Board considered the appointment of one individual to fill an unexpired
      two-year term on the Board of Zoning Appeals (BZA), effective through
      October 2009.

      9:57 a.m. Board Action: Closed the nominations. Closed by Patterson, without
      objection.

      9:57 a.m. Board Action: Noted majority consensus by Patterson to appoint Robert
      Waechter.

(09:58 a.m.)
39. ENVIRONMENTAL SERVICES
      The Board considered the appointment of four individuals to serve on the
      Keep Sarasota County Beautiful Advisory Board, as follows:
A.    Two individuals to serve three-year terms, effective through August 2010;
B.    One individual to fill an unexpired three-year term, effective through January 2009;
C.    Peter Einisman to serve a one-year term as the STAR (Students Taking Active
      Roles) in Government Representative, effective through August 2008.

      9:59 a.m. Board Action: Appointed Peter Einisman to serve as the STAR in
      Government Representative. Moved by Staub, seconded by Thaxton, carried by a
      5-0 vote.

      10:00 a.m. Board Action: Closed the nominations. Closed by Patterson, without
      objection.

      10:01 a.m. Board Action: Noted majority consensus by Patterson to appoint
      Frederick Williams and Lauretta Anderson to serve three-year terms, effective
      through January 2009.

      10:01 a.m. Board Action: Noted majority consensus by Patterson to appoint Inez
      Hunter to fill an unexpired three-year term, effective through January 2009.

(10:01 a.m.)
40. PUBLIC WORKS
      The Board considered the goals and objectives of tree-related programs.

      Staff Presenters: County Administrator James Ley, Environmental Services
      Resource Protection Manager Amy Meese, and County Attorney Stephen
      DeMarsh

      10:21 a.m. Board Action: Requested a presentation on the preservation of canopy
      trees. Requested by Mercier, without objection.

      10:27 a.m. Board Action: Directed the County Administrator to formalize the
      following goals as Board policy relative to canopy trees: maximize the opportunity
      to replenish the canopy trees, maintain the existing canopy trees, and respect the
      canopy trees during infrastructure decisions. Moved by Barbetta, seconded by
      Staub, carried by a 5-0 vote.

      10:27 a.m. Board Action: Moved to direct the County Administrator to relocate the
      Urban Forestry Division to the Environmental Services Department. Moved by
      Barbetta, and the motion failed due to lack of a second.

      10:29 a.m. Board Action: Directed the County Administrator to bring back an
      Action Plan to include the policies as recommended by the Board this date.
       Moved by Staub, seconded by Mercier, carried by a 5-0 vote.

RECESS: 10:33 a.m. - 10:48 a.m.

PUBLIC HEARINGS:

(10:48 a.m.)
41. PUBLIC WORKS
      Public hearing to consider a proposed Resolution, Budget Amendment No.
      B2007-087, amending the Fiscal Year (FY) 2007 Budget to appropriate
      funding for Facilities Maintenance Buildings, Grounds, and Improvements,
      in the amount of $1,000,000.00.

      Staff Presenter: Public Works Facilities Services General Manager Michael Kirk

      10:51 a.m. Board Action: Adopted Resolution No. 2007-227 approving Budget
      Amendment No. B2007-087. Moved by Staub, seconded by Thaxton, carried by a
      4-0 vote; Mercier not present.

      Note: Oath/Signature Cards Filed for Record.

(10:51 a.m.)
42.   PUBLIC WORKS
A.    Public hearing to consider a proposed Resolution, Exchange Petition No. EX 06-
      07, for the purpose of exchanging lands owned by the County for lands owned by
      the 10th Street Properties, LLC;
B.    Public hearing to consider approval of a Quit Claim Deed from the County,
      conveying interest in a portion of a 52-foot wide Sarasota Fruitville Drainage
      District (SFDD) canal right-of-way, Parcel 388, to 10th Street Properties, LLC;
C.    Public hearing to consider acceptance of a Warranty Deed from 10th Street
      Properties, LLC, conveying a 52-foot wide strip of land lying along the north
      property line of the Petitioner’s property.

      Chair Patterson opened the public hearings simultaneously.

      Staff Presenter: Public Works Real Property Manager Lin Kurant

      10:54 a.m. Board Action: Adopted Resolution No. 2007-228 approving Exchange
      Petition No. EX 06-07. Moved by Staub, seconded by Barbetta, carried by a 5-0
      vote.

      10:54 a.m. Board Action: Approved a Quit Claim deed from the County,
      conveying interest in a portion of a 52-foot wide Sarasota Fruitville Drainage
      District (SFDD) canal right-of-way, Parcel 388, to 10th Street Properties, LLC.
       Moved by Staub, seconded by Barbetta, carried by a 5-0 vote.

      10:54 a.m. Board Action: Accepted the warranty deed from 10th Street
      Properties, LLC. Moved by Staub, seconded by Barbetta, carried by a 5-0 vote.

      Note: Oath/Signature Cards Filed for Record.

(10:54 a.m.)
43. ADMINISTRATION
      Public hearing to consider proposed Ordinance No. 2007-076, amending
      Ordinance No. 95-014, as amended and codified in Section 2-31 of the
      County Code relating to Compensation of the Board of County
      Commissioners to adjust the effective date of the Statutory salary
      adjustment to October 1, 2007, through September 30, 2009.

      Staff Presenters: County Administrator James Ley and County Attorney Stephen
      DeMarsh

      Public Presenter: Clerk of the Circuit Court Finance Director Peter Ramsden

      10:55 a.m. Board Action: Closed the public hearing. Closed by Patterson, without
      objection.

      11:07 a.m. Board Action: Denied Ordinance No. 2007-076. Moved by Staub,
      seconded by Thaxton, carried by a 5-0 vote.

      Note: Oath/Signature Cards Filed for Record.

REPORTS SECTION:
(11:13 a.m.)
44. CLERK OF THE CIRCUIT COURT AND COUNTY COMPTROLLER’S REPORT

    Clerk of the Circuit Court Finance Director Peter Ramsden noted the Filed for
    Record List.

(11:13 a.m.)
45. COUNTY ADMINISTRATOR’S REPORT

    Item submitted: A copy of an Interoffice Memorandum from Chief Financial
    Planning Officer Jeffrey Seward

    11:18 a.m. Board Action: Directed the County Administrator to send
    correspondence with the Chair’s signature to the Governor, the Florida House
    Speaker, the Florida Senate President, and the Legislative Delegation expressing
    the Board’s concerns relative to the expiration of the Personal Injury Protection
    (PIP) insurance coverage. Moved by Staub, seconded by Mercier, carried by a 5-
    0 vote.

    11:20 a.m. Board Action: Requested that the County Administrator schedule a
    discusion item relative to the Law Enforcement Municpal Services Taxing Unit
    (MSTU). Requested by Patterson, without objection.

(11:22 a.m.)
46. COUNTY ATTORNEY’S REPORT

    County Attorney Stephen DeMarsh submitted and reviewed the following
    items: schedule of a future Executive Session to discuss the settlement relative to
    the Casey Key Fish House and Tiki Bar.

    Items submitted: Final Plats of Blackburn Ridge and Wood Ridge at the Meadows
    and Interoffie Memorandum Nos. 872, 873, and 874

    11:23 a.m. Board Action: Approved the Final Plat of Blackburn Ridge. Moved by
    Staub, seconded by Thaxton, carried by a 5-0 vote.

    11:23 a.m. Board Action: Approved the Final Plat of Wood Ridge at the Meadows.
     Moved by Thaxton, seconded by Mercier, carried by a 5-0 vote.

    11:25 a.m. Board Action: Approved the settlement in the case of Carl Hendrixson
    v. Sarasota County, (Interoffice Memorandum No. 872), in the amount of
    $254,500.00. Moved by Staub, seconded by Thaxton, carried by a 5-0 vote.

    11:25 a.m. Board Action: Approved the settlement in the case of Timothy Dunham
    v. Sarasota County, (Interoffice Memorandum No. 873) in the amount of
    $44,908.89. Moved by Staub, seconded by Thaxton, carried by a 5-0 vote.

    11:26 a.m. Board Action: Approved the settlement in the case of Robert Bottorff v.
    Sarasota County (Interoffice Memorandum No. 874) in the amount of $30,000.00.
     Moved by Staub, seconded by Barbetta, carried by a 5-0 vote.
(11:27 a.m.)
47. COMMISSION AND COMMITTEE REPORTS

    A. COMMISSIONER MERCIER

    Commr. Mercier commented on and discussions were held on the following
    topics/issues: Municipal Services Taxing Unit (MSTU) for the Sheriff and the
    appoinment versus election of the Sheriff position.

    11:33 a.m. Board Action: Directed the County Administrator to schedule a joint
    meeting with the City of North, Charlotte County, and the West Village
    District relative to transportation planning/concerns. Moved by Mercier, seconded
    by Staub, carried by a 5-0 vote.

    B. COMMISSIONER BARBETTA

    Commr. Barbetta commented on and discussions were held on the following
    topics/issues: Board meeting schedule conflict with the Reality Check
    presentation/meeting, a National Conference on Beach Preservation on January
    30 through February 1, 2008, at the Hyatt of Sarasota, the final striping and
    widening of the bicycle lanes on Bahia Vista Steet, traffic impacts on Lords
    Avenue, and an update regarding the Fruitville Community relative to sustainability
    and economic development.

    C. COMMISSIONER THAXTON

    Commr. Thaxton commented on and discussions were held on the following
    topics/issues: Reality Check of Tampa Bay Board member participation and the
    elimination of bottled water.

    11:48 a.m. Board Action: Directed the County Administrator to review a National
    organization/program that promotes/provides resources for bicycle designations
    and compatibility and to bring back a report on the feasibility of the County’s
    participation. Requested by Patterson, without objection.

    D. COMMISSIONER STAUB

    Commr. Staub commented on and discussions were held on the following
    topics/issues: Peace River Manasota Regional Water Supply Authority
    (PRMRWSA) tour of the construction site for the reservoir scheduled for October
    3, 2007, at 9:00 a.m., the Economic Development Council (EDC) Industry
    tour scheduled for Friday, September 21, 2007, a meeting with Jerry Carnas of the
    Climate Change Control Governor’s Group regarding the State’s response to
    Local Government relative to climate change, an emergency demolitions
    memorandum relative to neighborhood nuisance abatements, and the opening of
    the Arts Center.

    11:55 a.m. Board Action: Requested that information be provided to the Board
    relative to the Gemesis Corporation Expansion Tour. Requested by Patterson,
    without objection.
     E. CHAIR PATTERSON

     Chair Patterson commented on and discussions were held on the following
     topics/issues: START (Solutions To Avoid Red Tide) program funding.

     12:00 p.m. Board Action: Noted majority consensus by Patterson to provide a
     report relative to the exemption of propery taxes on land owned by Habitat for
     Humanity of Sarasota, Inc.

(12:00 p.m.)
48. ADMINISTRATION

     The Board reviewed the County Commission Outstanding Board Assignments
     Report dated September 5, 2007.

(12:01 p.m.)
49. ADMINISTRATION

     The Board reviewed the Board of County Commissioners Meeting Schedule.

     12:06 p.m. Board Action: Noted a majority consensus by Patterson to revise the
     Board’s meeting dates from February 26 and February 27, 2008, to February 19
     and February 20, 2008, and to schedule the February 20, 2008, meeting at the
     Robert L. Anderson Administration Center.

     12:08 p.m. Board Action: Requested that the County Administrator
     consider rescheduling the Board’s Quarterly Workshop from January 29 to
     January 18, 2008, in the afternoon. Requested by Staub, without objection.

RECESS: 12:08 p.m. - 1:34 p.m.

(01:34 p.m.)
50. OPEN TO THE PUBLIC

     Mr. Sandy Gilbert commented on the Fertilizer Ordinance and the grant funding
     and new activities relative to Red Tide.

DISCUSSION SECTION: (Continued)

(01:38 p.m.)
51. COMMUNITY SERVICES
      The Board considered the presentation on the Integrated Pest Management
      (IPM) Policy Review.

     Staff Presenters: Community Services Cooperative Extension IPM Coordinator
     Dr. Fred Santana and Environmental Services Mosquito Management Services
     General Manager Dr. Lyman Roberts

     Certificate of Recognition/Retirement to Community
     Services Cooperative Extension IPM Coordinator Dr. Fred Santana by Commr.
     Thaxton.

PUBLIC HEARINGS: (Continued)

(02:11 p.m.)
52. PLANNING AND DEVELOPMENT SERVICES
A.    Public hearing to consider proposed Ordinance No. 2007-077, a Notice of
      Proposed Change (NOPC) to a previously approved Development of Regional
      Impact (DRI), Palmer Ranch Increment XII, a petition by Germain Real Estate
      Company, LLC, for approximately 35 acres located south of Clark Road between
      Sawyer Loop Road and Honore Avenue. (Planning Commission recommended
      approval.)
B.    Public hearing to consider proposed Ordinance No. 2007-078, Rezone Petition
      No. 07-23, a petition by James Paulmann, Agent, to rezone approximately 28.56
      acres located south of Clark Road between Sawyer Loop Road and Honore
      Avenue, from PID (Planned Industrial District) to ILW (Industrial, Light
      Manufacturing, and Warehousing) zone district. (Planning Commission
      recommended approval.)

     Chair Patterson opened the public hearings simultaneously.

     Staff Presenter: Planning and Development Services Planner Todd Dary

     Public Presenters: Agent James Paulmann and Jeff Nunner

     2:31 p.m. Board Action: Closed the public hearings. Closed by Patterson, without
     objection.

     2:31 p.m. Board Action: Adopted Ordinance No. 2007-077, a NOPC to Palmer
     Ranch Increment XII, DRI. Moved by Staub, seconded by Barbetta, carried by a
     5-0 vote.

     2:32 p.m. Board Action: Adopted Ordinance No. 2007-078, approving Rezone
     Petition No. 07-23 with seven stipulations. Moved by Thaxton, seconded by
     Barbetta, carried by a 5-0 vote.

     RECESS: 2:34 p.m. - 2:48 p.m.

(02:53 p.m.)
53. PLANNING AND DEVELOPMENT SERVICES
      Public hearing continued from May 22, 2007, to consider a proposed
      Resolution to provide for the Planning and Development Services Fee
      Schedule.

     Staff Presenters: Planning and Development Services Executive Director Rob
     Lewis, County Administrator James Ley, Planning and Development Services
     Chief Building Official Paul Radauskas, and Planning and Development Services
     Land Development General Manager Terry Boswell

     Public Presenters: Rod Krebs, Dave Lowell, and Jay Brady
    4:45 p.m. Board Action: Requested a review of current Planning Services' time.
    Requested by Staub, without objection.

    Items submitted: A copy of the Proposed New Fees and a copy of an e-mail from
    Rod Krebs

    4:43 p.m. Board Action: Moved to adopt Resolution No. 2007-229,
    approving Option 3 endorsing the proposed new fees and to include delaying
    implementation until January 7, 2008, including to revisit the proposed fees in one
    year. Moved by Barbetta, seconded by Thaxton.

    4:47 p.m. Board Action: Amended the motion to revise page 2 of Exhibit A, Item
    C, Commerical Site and Development Plans and Inspections of the proposed
    Resolution, to retain the current fees with the exception of the "Third Resubmittal
    and each subsequent Resubmittal" category. Moved by Thaxton, seconded by
    Staub, carried by a 4-1 vote; Barbetta voted "No."

    4:49 p.m. Board Action: Approved the main motion, as amended, adopting
    Resolution No. 2007-229. Moved by Barbetta, seconded by Thaxton, carried by a
    4-1 vote; Mercier voted "No."

    4:56 p.m. Board Action: Requested to incorporate the business industry in the
    discussion. Requested by Patterson, without objection.

(05:01 p.m.)
54. OTHER BUSINESS - No Items were presented

(05:01 p.m.)
55. OPEN TO THE PUBLIC - Opened and closed without comment.

MEETING ADJOURNED: 5:02 p.m.

				
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