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1_8 SEPTEMBER 26y 1989 The Board of County Commissioners_ Manatee

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1_8 SEPTEMBER 26y 1989 The Board of County Commissioners_ Manatee Powered By Docstoc
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                                                                                                                      SEPTEMBER                               26y               1989




                    The               Board                      of           County                           Commissioners,                                                    Manatee                            County,                       Florida,                           met          in

REGULAR                    SESSION                               in           the               Administrative                                                          Center,                          1112                Manatee                         Avenue                     West,

Bradenton,                            Florida,                               Tuesday,                                  September                                  26,            1989,                   at           9:05              a.m.


             Present                            were                  Commissioners:

                                 Patricia                               M.            Glass,                           Chairman

                                 Edward                          W.          Chance,                              Vice-chairman

                                 Kathy                      A.          Snell,                           Chairman                            Pro                  Tern

                                 Kent                  G.             Chetlain

                                 Maxine                          M.          Hooper



             Also                present                              were:

                                 August                          V.          Ellis,                           County                     Administrator

                                 H.             Hamilton                              Rice,                       Jr.,                 County                       Attorney

                                 Kirn               Umana,                        Finance                              Director,                                  representing

                                           R.          B,.-Shore,                                   Clerk                    of          Circuit                              Court



             Representait^ivesiaaf^.thee^various                                                                                                  news                   media                  were                 present.
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             Invocatioh                                     DV          Revererfd                                 IS;.            Hugh               Lake,                       Trinity                        United                      Methodist                           Church.
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                                                -
             The            meeting                              was-^c-alled                                  -€o           order                   by             Chairman                             Glass.

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             All            witnesses/staff,gIVing                                                                                testimony                                   were              duly                 sworn.
                                                                                         -<r-

AWARDS

             Transit                            Driver                       of           the                 Year

             A          plaque                      and               portrait                                were                  presented                                   to           Hank               Stufft,                        Public                       Works,                in

             recognition                                         of          being                       named                    "1989                   Transit                            Driver                     of          the            Year".



             Master                        Gardener                               Graduation                                      Class

             Certificateswerepresentedto                                                                                                                ten                    graduates                               of             the            1989                   Extension

             Service                            Master                       Gardener                                  Program:

                                                       John                  Burns                                                                            John                    Krizmanich

                                                       Betty                      Buhman                                                                          Steve                    Moniz

                                                       Steve                      Davis                                                                       Charles                           Pecorella

                                                       Mary                  Alice                       Frantz                                                   Sophia                     Willis

                                                       Jan              Greenfield                                                                            David                        Walshaw



AGENDA                  DELETION

             August                        V.          Ellis,                           County                           Administrator,                                                   requested                            that               confirmation                                    of

             the             appointment                                            of              Kenneth                            C.          LeDuc,                             as        Director                              of          the              Development

             Management                                   Department,                                             be         deleted                              from                agenda.


COUNTY                  ADMINISTRATOR'S                                                   CONSENT                            AGENDA

             UponmotionbyMr.Chetlainand                                                                                                                            second                       by             Mrs.                 Hooper,                         the              County
             Administrator's                                                            Consent                                   Agenda                                dated                         September                                    26,                   1989                 was

             unanimously                                           approved                                   after                     deletion                                     of            (1)              Curbside                             Collection                               of

             Recyclables                                         with                Waste                        Management                                  and                Industrial                                  Waste                 Service                      and             (2)

             Sale                     of               Recyclables                                                 with                     Durbin                              Paper                     Stock                         Company                             (separate
             actions).                                      Items                   APPROVED:

             CENTRAL                            SERVICES

                   1.            Property                                Insurance                                       Coverage                             -          Purchase                             from                 Arthur                    J.             Gallagher

                                 and                   Co.                   property,                                       boiler                           and                    machinery                                    coverage                             at            annual

                                 premiums,                                   $140,825                                  and             $7,986                       respectively                                          (10/1/89-10/1/90).

                   2.            Copy                  Machine                             -        Purchase                                one               copier,                          with                  options,                        via               University

                                 of             Florida                           Bid               from                  Xerox                 Corp,                          $20,534                        for            Planning                        and              Zoning.

                   3.            Rehabilitation                                                     of            Sewer                  Lines                      -         Increase                          contract                          with                 Insituform

                                 Southeast,                                        Inc.                    $500,000                               for                   FY           1989/1990                               through                         September                            5,
                                 1990(vendoragreed                                                                             to             extend                            contract                              under                    the                same               terms,
                                 conditions                                       and           prices                            of         original                                 contract,                              9/6/88).

                   4.            Pollution                                   Control                              Fee             Study                   -         Issue                    Change                     Order                  No.           2         to       P.O.              to

                                 David                      M.          Griffith                                  &       Associates                                     for               additional                               service                       to          increase
                                 scopeFostudyremainingFees                                                                                                                                 charged                           by             the              Health                        Unit

                                 (Pharmacy,                                       Clinical                                Dental,                       Vital                         Statistics),                                      $14,500.
                                                                                              SEPTEMBER                                  26,                1989                                                                                       (Cont'd)




 5.        Utility                        Vehicles                                      4x4                   (2)                -            Award                       bid                 to              lowest                             responsive/

           responsible                                             bidder                                meeting                                      specifications,                                                            Roger                           Whitely

          Chevrolet,                                 Inc.                    $30,864                            (one                 addition                                 for            Planning                               and                Zoning                  and
          one            replacement                                        for               Public                       Works/Mining).

 6.        Rotary                        Cutters                                  (2)                -              Award                           bid                  to             the                   lowest                             responsive/

           responsible                                         bidder                                meeting                                  specifications,                                                         DeBra                             Turf                   and

           Industrial                                Equipment,                                       $12,744.

 7.        Hand             Tools                    -         Award                      bid              on             an             as               required                           unit                 price                    basis                     to        the

           eight                 lowest                        responsive/responsible                                                                                 multiple                             bidders:

                            Ace            Tool                    Co                                                                         Bert                     Lowe             Supply                        Co

                            A.A.                Casey                       Co                                                                Flow                    Components                                  &       Equipment                                  Supply

                            Aqua                Stainless                                     Fasteners                                       Brodhead-Garrett                                                        Co

                            Cameron                            &        Barkley                                                               Scotty's

  8.       Truck                   Service                            Body                     and                  Crane                       -           Rescind                           award                       of              bid             to              South

           Florida                         Engineers,                                          $11,984                                (2/7/89)                                 and                  award                      to               next                 lowest

           responsive                                bidder,                             SIA              Fabricating                                             &      Truck                  Equipment                                   Co,                $13,325.

  9.       Office                        Automation                                           StandardizationEquipment                                                                                             -Negotiate                                               sole

           source                   purchase                                 from                   NCR              Corp                 for                Purchasing                                    Division,                                   $2,900.
LIBRARY                BOOK              LEASING

           Renew                  sole               source                             Lease                   Agreement                                      and                execution                               of             contract                           with

           McNaughton    Book  Service,                                                                              $11,340                               (10/1/89-9/30/90).
           ————————————————————
                                                                                                                                                                                                                                                       RECORD                     S39-381

BUFFALO                CREEK                   GOLF                 COURSE

           ChangeOrderNo.T,                                                                               $31,150                               decrease                                to             contract                                   with                    Links

           Design,                       Inc.
                                                                                                                                                                                                                                                       RECORD                      S39-382

BEACH            RENOURISHMENT                                          ECONOMIC                               STUDY

           !~.Executionofagreement                                                                                                              for                    funding                             with                      Department                                      of

                            Natural                                Resources                                         (DNR)                          (75                percent                         DNR,                         $75,419.25;                                      25

                            percent                            local,                          $25,139.75);                                                (contract                                ends              6/1/90).

                                                                                                                                                                                                                                                       RECORD                      S39-383

           2.               Execution                                   of          Work                  Assignment                                         No.              1       with                 Coastal                           Planning                             and

                            Engineering                                           for               consulting                                            services                            (contract                                   11/8/88),                               not

                            to           exceed                         $100,559.
                                                                                                                                                                                                                                                       RECORD                      S39-384

RUBONIA                COLLECTION                                   SYSTEM

           Final                   Change                          Order                       No.                  2,           $58,829.04                                         decrease                           to                contract                           with

           Roese                    Contracting                                               Co;               and                  acceptance                                         of             Final                         Reconciliation

           Agreement,                                    Final                      Release                               of              Lien,                         Warranty                             of             Title                       and               Final

           Waivers                        of         Lien                    from                   suppliers.
                                                                                                                                                                                                                                                       RECORD                      S39-385

SOUTHWEST                   WASTEWATER                                       TREATMENT                                   PLANT                        -      DUAL                   COLUMN                     ION               CHROMATOGRAPH

           ^JQp^Q^                             Q^
            R-89-195                                      RESOLUTION                                           TENTATIVELY                                               AWARDING                                  CONSTRUCTION
           CONTRACTS                                FOR                 EPA                   WASTEWATER                                        CONSTRUCTION                                           GRANTS                             PROGRAM
            SUBJECT                        TO                 REGULATORY                                       APPROVAL,                                      UNDER                     THE                  PROVISIONS                                        OF

           CHAPTER                        63-1598,                                 FLORIDA                               STATUTES                                 EPA             NO.               C120540060                                    (STEP
            3)         MANATEE                       COUNTY                             BID              NO.              895055

           with                  Part                    "B"                  Package-Authority                                                                   to              award                      certifications;                                                      and

            authorization                                            to                 award                       contract                                 to           Dionex                           Corporation,                                             $46,572
            for            for             a        Dual                     Column                           Ion               Chromatograph,subject                                                                               to           approval                            by
            the                  U.S.                     Environmental                                                      Protection                                             Agency                            and                   the                   Florida

            Department                                   of          Environmental                                                   Regulation,                                        and                subsequent                                     execution

            of          contracts.

                                                                                                                                                                                                                                                       RECORD                      S39-386

RYE       WILDERNESS                                PARK

            Execution                               of              agreement                                   with                     DNR                 extending                                 Grant                        Application                                       to
            March                  31,              1990                  and                 providing                                   playground                                    equipment                                    as           an           eligible

            project                       element                             (authorized                                        by             R-86-139).

                                                                                                                                                                                                                                                       RECORD                      S39-387

SHARED                FACILITIES                               AGREEMENT

            Executiono?SharedFacilities                                                                                                                   Agreement                                 with               North                           River                  Fire
            District                                (formerly                                   Palmetto                                      and                 Ellenton                                 FireDistricts)for

            sharing'Fire                                           Stations                               1         and              4         with                    Emergency                              Medical                             Service                         for
            $100/month                                and               h         of           utilities                                      (per                station).
                                                                                                                                                                                                                                                       RECORD                        S39-388

DEEDS             &     EASEMENT

            Samoset                            Road                      Project                                -              Right-of-Way                                               Easement;                                        Affidavit                                    of

            Ownership/Encumbrances                                                                             from                  Kathleen                                  A.            Murphy                        for               drainage                             and
            road              improvements.




                                                                                                                            1         k9
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                                                                                              SEPTEMBER                             26,            1989                                                                          (Cont'd)




       DMTA        JOINT               PARTICIPATION                                          AGREEMENT

                   Execution                             of             a        five              month                extension                                 (to               12/31/89)                            with            Florida

                   Department                                  of            Transportation                                                 (Agreement                                   6/19/86)                         to          complete

                   capital                    purchases                                 outlined                       in           UMTA              Section                         9      Grant.
                                                                                                                                                                                                                                RECORD                S39-389
       SOLID          WASTE                DISPOSAL                              FACILITY

                   Authorization                                            to             set               public                         hearing                           to             consider                           Resolution
                   R-89-182                        to          increase                           disposal                          fees.
       ANTI-DRUG                     ABUSE                   GRANT

                   Execution                            of          Certificate                                 of          Acceptance                              of             Subgrant                        Award;                Federal

                    funds                  $22,500,                               local                     share                   $7,500;                        project                            entitled                         "Manatee

                   County                  Grant                    Coordinator".

                                                                                                                                                                                                                                RECORD                    S39-390

       PALMETTO                    STOREFRONT                               FACILITY

                   Execution                             of              Lease                   Agreement                                (renewal                           of           12/16/86                         lease)                  with

                   Alton               and              Edwin                    Groover                     for            $400/month                              (10/1/89-9/30/90)                                                  (Sheriff

                   pays              for           telephone                              and            utilities).
                                                                                                                                                                                                                                RECORD                    S39-391

       BUDGET              AMENDMENTS

                   Adoption                         of              Resolutions                                     amending                          the               FY            1988-89                       and             1989-1990

                   budgets                    to             provide                       for           receipt                         and          appropriation                                         of       unanticipated

                    revenues                       and              item                transfers:
                   ADMINISTRATIVE                                           CENTER                   PROJECT                    FUND                                (B-89-253/1)

                    Item             Transfers:                                    Buildings                           To       Transfer                           to              001                                    $321,128

                                                                                                                                                                                                                                RECORD                    S39-392

                   Increase                        Revenue/Expenditure;                                                                                             (B-89-253/2)

                   General                    Fund/General                                        County                                                                                                                  $321,128
                                                                                                                                                                                                                                RECORD                    S39-393

                   FFGFC               LOAN                  DEBT                SERVICE                                                                            (B-89-254/1)

                   Item              Transfers:                                    Capital                      Improvement                                 FFGFC;                        FFGFC

                   Gas          Tax           Revenue;                             Local                 Option                     4       Cents               Gas                Tax;             Gas

                   Tax          Capital                        Projects;                             Golf              Course                      Fund;                 Solid                   Waste
                   TO        Capital                         Improvement                                 FFGFC;                 FFGFC                     Gas            Tax              Revenue;

                   Local               Option                       4       Cents                 Gas          Tax;             Gas                Tax          Capital

                   Projects;                            Golf                Course                   Fund;                  Solid                  Waste                                                                  $601,696

                                                                                                                                                                                                                                RECORD                    S39-394

                    Increase                       Revenue/Expenditure:                                                                                             (B-89-254/2)

                   FFGFC               LoanDebt                                    Svs;              Golf              Course                      Debt            Svs;
                   Solid               Waste                   Debt                Svs/FFGFC                           Loan                 Debt            Svs;
                   Golf              Course                    Debt                Svs;              Solid                  Waste                  Debt            Svs                                                    $601,696

                                                                                                                                                                                                                                RECORD                    S39-395

                   COMMUNITY                            SERVICES                                                                                                    (B-89-255/1)

                   Item              Transfers:                                    Reserve                      for           Contingency
                   TO        General                         Fund                                                                                                                                                         $110,000

                                                                                                                                                                                                                                RECORD                    S39-396

                   Increase                        Revenue/Expenditure:                                                                                             (B-89-255/2)

                   Library                    Capital                            Projects/Central                                               Library

                   Energy                  Improvements                                                                                                                                                                   $110,000

                                                                                                                                                                                                                                RECORD                    S39-397



                   AGRICULTURE                                 &        NATURAL                      RESOURCES                                                      (B-90-017)

                   Item              Transfers:                                    Soil              &       Water              Conservation

                   TO        Agriculture                                                                                                                                                                                        $8,716

                                                                                                                                                                                                                                RECORD                    S39-398

(End   Consent               Agenda)



DUAL   TAXATION                 PAYMENTS                            TO           MUNICIPALITIES

       AugustV.Ellis,CountyAdministrator,                                                                                                                          recommended                                       to             authorize

       payment                 of          $1,488,937                                    to          five              municipalities                                                within                      Manatee                    County

       pursuant                 to         Judge                    Boylston's                               order              of              May         27,               1988,                 in           "dual              taxation"

       lawsuit;                 and           adoption                              of           Resolution                                amending                          the            FY           1988-89                 budget                   to

       provide               for           item                transfers:



                   GENERAL                    FUND                                                                                                                  (B-89-256)
                   Item              Transfers:                                    General                     Fund             TO
                   Rebate-Bradenton                                                Beach;                    Rebate-Longboat                                            Key;
                   Rebate-Bradenton;                                                    Rebate-Holmes                                       Beach;
                   Rebate-Anna                                 Maria                                                                                                                                               $1,488,938
                                                                                                                                                                                                                                RECORD                     S39-399
                                                                                                                             SEPTEMBER                                   26,               1989                                                                               (Cont'd)




            Motion                    was                made                      by                Mrs.                    Hooper,                               seconded                             by           Mr.            Chetlain                            and             carried

            unanimously,                                           to          approve                                     the              recommendation                                                of          Mr.              Ellis.


RECYCLING                     -       GRANT                        APPLICATIONS                                                       AMD           INTERLOCAL                                    AGREEMENTS

            Gus             A.Difonzo,Public                                                                               Works,recommended                                                                 execution                                 of         the              Recycling

            Education                              Grant                           Interlocal                                             Agreements                                       with                the               Cities                     of          Anna                Maria,

            Bradenton,                                   Bradenton                                          Beach,                            Holmes                          Beach,                       Longboat                              Key             and               Palmetto;

            execution                                                   of                             Department                                                         of                            Environmental                                                         Regulation

            Education/Recycling                                                                        Grant                            Application;                                              and              execution                                 of             Waste                 Tire

            Grant                  Application.



            Discussion:                                                 Anticipated                                                   funds                   to         be           received                              from                the          State.



            Motion                    was                made                      by            Mr.                   Chetlain                                  and            seconded                             by            Ms.            Snell,                      to        approve
            recommendation                                                   by          Public                              Works.                                Motion                    carried                          unanimously.                                                              §39-
                                                                                                                                                                                                                                                                              RECORD



LAWSUITS                                                                                                                                                                                                                                                                                                839^404
                                                                                                                                                                                                                                                                                                         S39-405
            Wengerd,                          et              al

            H.             Hamilton                                Rice,                         Jr.,                        County                              Attorney,                                requested                                   the           attorney                            fee

            settlement                                   of              $4,951                            for               Defendants                                        Simes                   and            Sutton                          in     Manatee                        County

            v.           Wengerd,                             et             al,                 be               deleted                              from              the               agenda.



            Adams,                    et           al;                       Aiken,                               et             al

            Mr.               Rice                       recommended                                                       approval                                    and                 ratification                                           of              attorney                              fee        ,
             settlements                                      of              $2,700                               for                 Defendant                                Marie                     Lengel                       in         Manatee                          County                          C
                                                                                                                                                                                                                                                                                                          v.
            Adams,                    et           al;                   and                 $1,242                              for              Defendant                                E.S.                Reasoner                               in     Manatee                        County

            v.           Aiken,                    et              al.



            Mr.             Chetlain                                moved                            to                approve                             the               two             settlements                                        recommended                                 by          the

            County                         Attorney.                                                      Motion                              was                  seconded                               by               Ms.               Snell                      and             carried

            unanimously.


CLERK'S                  CONSENT                         CALENDAR

             Upon                  motion                           by              Mr.                     Chetlain                                       and               second                       by            Ms.                 Snell,                      the             Clerk's

            Consent                        Calendar,                                         dated                          September                                  26,            1989                   was            unanimously                                     approved:
             BONDS

                    Lake              Royale                             Subdivision

                    Release:

                    1.        Defect                          Security                                      (Cashiers                                      Check                    No.               300344611,                                Southeast                             Bank),

                                  $6,256.47

                    2.            Required                               Improvements                                                    Agreement                                  with                Mira                Development                                     Corp.                Inc.
                                  $6,256.47
                    Mill              Creek                         -        Phase                          III                  Subdivision

                    Accept;

                    1.            Defect                      Security                                       (L/C                      908-89,                         Bane                Florida),                                $51,042.42

                    2.            Agreement                                  with                     Pursley,                                    Inc.,                  Warranting                                    Required                             Improvements,
                                  $51,042.42

                    3.            Public                      Improvements                                                       for              County                       maintenance

                    Release;

                    1.            Performance                                           Bond                       (L/C                  904-89                        $413,814.92)                                         Bane                Florida

                    2.            Agreement                                  with                     Pursley,                                    Inc.,                   Required                               Improvements,                                          $413,814.92
             BILLS                  FOR            PAYMENT

             Lane,                  Trohn,                          et             al            -          Hoeppner                                   v      Epps,                   Jeffers                           &        M/C                                    $                878.65

             Bush,                  Ross,                     et             al              -        M/C                   v.           National                              Casualty                            Co                                                                    677.00

             Carlton,                         Fields,                                   et            al               -         Cortez                       Marina                                                                                                                2,426.11

             Carlton,                         Fields,                                   et            al               -         M/C              v.           National                               Casualty                                                                           800.23

             Carlton,                         Fields,                                   et            al               -         M/C              v.             Hobbs                v.              Frazzell;
                                                                                                                                 Svs              by             Scott                 &         Scott,                      Inc                                                    9,700.00
             Carlton                          Fields,                                   et            al                         M/C              v.             Hobbs                v.              Frazzell                                                                      4,796.96
             Carlton                          Fields,                                   et            al                         Circuit                           Court                    re          Terra                    Ceia                                                        11.47
             Carlton                          Fields,                                   et            al                         District                              Court                     re          Terra                  Ceia                                            2,403.79

             Carlton,                         Fields,                                   et            al                         Beker                     DRI                                                                                                                      1,929.34
             Carlton,                         Fields,                                   et            al               -         Kuehnel                                                                                                                                                     72.03
             Florida                        Land                    Design                             &          Engineering,                                               Inc                      Spec              svs              LDC                                        1,650.40
             Florida                        Land                    Design                            &           Engineering,                                               Inc                      Spec              svs              LDC                                        3,127.29
             Florida                        Land                    Design                            &           Engineering,                                               Inc                      Spec              svs              LDC                                             372.60

             Bush,                  Ross,                     et              al             -        Marine                             One                                                                                                                                             880.82

             Dickinson,                                  O'Riorden,                                               et             al           -        Corns                   v.           M/C                                                                                          309.80




                                                                                                                                                                       ^•'?1
                                                                                                                                                                 .<^2




                                                                                                                      SEPTEMBER                                  26,           1989                                                                               (Cont'd)




         Camp              Dresser                            &          McKee                       -        SE          Subreg                        WWTF;                  Effi                Storage

                                                                                          Ponds/Wetlands                                                     &       Sludge                     Equip                   Svs                                            9,924.19

         Roese                  Contracting                                           Co             Inc              -       Final,                         N       Subreg                     WWTF,                   Rubonia                                  36,250.64
         Larson                      Engineering                                           Inc                -       Suppi                   W/A                22,           N      Subreg                       WWTF                                               7,575.62

         Camp,                  Dresser                             &      McKee                          -       Suppi                   W/A                2       Munic                 Wellfield                                                             18,665.55

         Larson                      Engineering                                           Inc                -       W/A              24,              Skyway                      Rest               Area               Ph          II                                      839.73

         McAnallen-Porter                                                        Constructors,                                                 Inc               -      Stockade                            Bidg                                                 65,473.00

         Camp,                  Dresser                             &      McKee                          -       Suppi                   W/A                13,             SW       PS/FM                                                                 183,722.89

         Woodruff                             &      Sons,                       Inc                 -        Part                 pymt                 4,           63rd             Ave              E,          bridge                                        48,828.81

         Wendel                      Kent                 &        Co,                 Inc                -       Part                 pymt                  2,75th                   St          W,           bridge/rd                                    100,750.19

         Walter                      B.           Bockmiller                                         -        Travel                      expense/interview                                                        P&R           Director                                     137.28

         Camp,                  Dresser                             &      McKee                          -       W/A              8      SW            Subreg                      WWTF,                   Sunny                Shores

                                                                                                                  &       Orange                        Ridge                                                                                                          8,559.86

         Camp,                  Dresser                             &      McKee                          -       Req              4      &        5,            Effi               Reuse                   Feasibility

                                                                                                                  Study                   Master                        Plan                                                                                     17,176.40

         REFUNDS

         Joe          Kreissle                                -          Animal                          Cage                                                                                                                                                                      20.00

         Piccadilly                                  Cafeteria                                       -        Air             Cond                 Meter/Semi-Annual                                                      FY         88-89                             5,683.02

         Judy              Fenton                         -        Water                       connection                                      fee                                                                                                                                 75.00

         Harry                  C.            Birchard                                -        Unused                         Golf                 Playbook                           No.              03133                                                                       52.47

         Duane                  Sims                 -        Overpaid                                   RTS              pymt                on             property                                                                                                              18.32

         Lynn              A.             Morey                    III                -        Rezone                         application                                      fee               (partial)                                                                    285.00

         William                          &       Betty                    Bradford                                   -       Rezone                         application                                    fee                                                               905.00

         Robert                      B.           Borne                     -         Special                             Permit                        application                                    fee              (partial)                                             615.00

         Dan          McDonald                                -P&R                                  Youth                     Basketball                                                                                                                                           10.00

         Tandem                      Construction                                              -          Roll-off                            dumpster                              overpayment                                                                                    62.33

         WARRANT                          LIST

         Approve:                                         September                                       19,             1989                to             September                             25,             1989

         Authorize:                                       September                                       26,             1989                to             October                       2,          1989

         AUTHORIZE                                CHAIRMAN                                TO              SIGN

         Partial                          Release                          of             Special                             Improvement                                      Assessment                                 Liens:

                 Project                          405-5235;                                    5027(2);                                301-2506;                               5041

         Contract                             with                 Applied                               Conservation                                            Systems,                          Inc.                 Bid           894023                     for               HVAC

                 remodeling                                       (controls),                                         $33,948.00                                       (approved                            7/11/89);

                 Performance/Payment                                                                     Bond                 $33,948;                               Integon                       Indemnity                               Corporation,

                surety;                           copy                   Certificate                                          of          Insurance.
                                                                                                                                                                                                                                                                 RECORD                           S39-406

         ACCEPT/AUTHORIZE                                                        EXECUTION

         Tax          Collector's                                          Final                          1988               Tax              Roll                   Recapitulation                                            Sheet

         ACCEPT/ADTHORIZE                                                        REPLACEMENT

         Accept:Affidavit                                                                                of           Loss                &        Indemnity                               Agreement                                (Jefferson

                                                          National                                  Bank,                    Miami,                          FL)

         Authorize:                                       Payment                              for                General                          Obligation                                   Library                        Bonds                4/1/75

                                                          coupons                              Nos.                   425-428                            (Jerome                      &         Florence                         Brill)                     in              the

                                                          amount                          of              $675                ($168.75                               each)



RIVER      CLDB                 -         VESTED                         RIGHTS                          DETERMINATION

         TheCountyAttorneyrecommendedthe                                                                                                                                     public                         hearing                         date                 be               set             on

         October                          19,             1989                   for               the                River                   Club                   Vested                     Rights                    Determination.



         Discussion:                                              Concern                                with                 setting                             separate                          vested                      hearings                              for               other

         developments.



         Motion                       was                made                        by            Mrs.                   Hooper,                                seconded                          by             Ms.            Snell                     and                carried

         unanimously,                                         to           approve                                recommendation                                               by          the              County                   Attorney.


COUNTY          ATTORNEY                             -        EMPLOYMENT                                          AGREEMENT                                  AMENDMENT

         The          County                         Attorney                                      recommended                                       ratification                                         of         changes                        to        the                  County

         Attorney's                                      Employment                                           Agreement                                 pursuant                            to              the           Annual                         Report                         filed

         with               the                   Clerk                         of             the                  Board                     of             County                    Commissioners                                               on        August                             29,
         1989.



         Motion                      was             made                  by             Mr.                 Chetlain                             and               seconded                          by         Mrs.               Glass,                      to           approve
         the          recommendation                                                      by             the              County                        Attorney.


         Upon              request,                                Mr.                Rice                    reviewed                             the               changes                      to           the            Agreement.


         Motion                      carried                             unanimously.

                                                                                                                                                                                                                                                              RECORD                              S39-407
                                                                                                         SEPTEMBER                                    26,              1989                                                                                  (Cont'd)




CORBSIDE                COLLECTION                             OF             RECYCLABLES

           Richard                   A.          Wilford,                           Director,                                         Public                       Works,                        recommended                                   execution                                 of
           the           contracts                             for              collection                                          of           recyclables                                       on             an           as            required                             unit

           price                 basis                  with                   Cedar                         Hammock                             Refuse                          Disposal                               Corporation,                                          d/b/a

           Waste               Management                                of       Manatee                                County                       and              Industrial                                 Waste                 Service.



           Mr.           Wilford                        addressed                                 the                    pilot                    recycling                                 program                            for             the                 curbside

           collection                              (approved                              11/1/88)                                    and              the               costs                   per              vehicle                          hour                  in           the

           program.



           Motion                  was             made                  by         Ms.                     Snell,                        seconded                               by          Mr.                Chetlain                               and            carried

           unanimously,                                 to             approve                         the               recommendation                                               of          Mr.             Wilford.

                                                                                                                                                                                                                                                         RECORD                       S39-408
                                                                                                                                                                                                                                                         ————
                                                                                                                                                                                                                                                                                      S39-409

SALE       OF        RECYCLABLES

           Mr.Wilford                               recommended                                         execution                                 of              contract                          with                    Durbin                     Paper                  Stock

           Co.,             in       accordance                                 with                   RFP               899010                        (approved                             8/15/89),                                on           a     unit                 price

           basis.



           The           contract                        provides                                for                 a         vendor                       to           purchase                               recyclables                                    collected

           for           the              County                        Recycling                                  Program                             and               deliver                           to              vendor's                            recycling

           site             in         Sarasota,                              Florida.



           Motion                   was            made                   by            Mrs.                      Hooper,                             seconded                             by            Ms.                 Snell                     and            carried

           unanimously,                                 to             approve                         recommendation                                                  by           Mr.           Wilford.
                                                                                                                                                                                                                                                             RECORD                   S39-410



Recess/Reconvene.                                            All              members                            present.


SPECIAL              ROAD              ASSESSMENT                               PROJECT                              5148                 -      ONECO                       AREA
           PublicHearing(continuedfrom8/29/89and                                                                                                                                                 Notice                         in'          the               Bradenton

           Herald                  9/8/89)                     was              held                   to            consider



                            Road             Assessment                                  Project                              No.              5148                -Oneco                          Area                 &      Vicinity

                            Oneco                Road=BoundedonthenorthBy49thAvenueEast,                                                                                                                                                                                 on           the

                            south                  by              57th                  Avenue                               East,                    on              the                west                  by             the             Seaboard                               Air

                            Railroad                         right-of-way,                                                and             on          the              east                by           New             U.S.               301.
           and



                            R-89-150                               A     RESOLUTION                                       CONFIRMING                                   ADOPTION                            OF           A      SPECIAL                         ROAD
                            ASSESSMENT                                  ROLL                AND                   ESTABLISHING                                               SPECIAL                        ASSESSMENT                                       LIENS

                            FOR             ROAD             ASSESSMENT                                      PROJECT                           NO.               5148.



            Tom          Fenton,                      Public                      Works,                          presented                                  an          updated                          report.                             He             noted                that
            staff                had             been                   instructed                                       to           delete:                                  $77,667                           for              right-of-way                                        and
            County                  contribution;                                           four                         roads,                  requiring                                   right-of-way                                          acquisition;
            construction                                 costs                    of             the                 four                     roads                    from                the             budget.                               As            a        result,
            thirty-one                           parcels                         were                  deleted                            from                   the           assessment                                    project.


            Discussion:                                 Assessment                                     worksession                                          scheduled                              for             October                         31,               1989.



            Mr.          Wilford                        advised                          staff                       is             reviewing                                 programs                            to           increase                            hardship
            participation                                      and              other                        alternatives                                              for            property                               owners                      with                  large
            assessments.



            Discussion:                                        Fairness                                  of                assessments;                                             proceed                            with                  same                    type                   of
            formula                       used                 with                    sewer                         assessments;                                              if            additional                                      funds                     needed,
            proceed                    to        other                    sources;                                inconsistency.



            Mr.           Wilford                       stated                      that                      assessment                                     applications                                            for              road               paving                        are
            consistent.                                      He              advised                             that                    roads                    in           the               Oneco/Samoset                                           area                  would
            cost            less              since                    the          drainage                                     improvements                                       are            minimal.


            Discussion:                                        Not               fair                       to                charge                        development                                         costs                   on              undeveloped
            property;                         compare                          Ellenton                                  project                        to             Oneco                    project;                             change                    policies;
            gas          taxes;                  economy/inflation                                                               impacts;                          property                             value                   increase.


            Tom           Fenton                    addressed                                the                   contribution                                              breakdown                                 between                         EPA,                  County
            and          the           property                           owners                        regarding                                 the              paving                        segment                        of         the               project.




                                                                                                                                          203
                                                                                                                                               204




                                                                                                                         SEPTEMBER                                 26,               1989                                                                               (Cont'd)




           Virginia                                Koczynski                                  spoke                      in           opposition                                    to         the              high                  sewer                costs.



           Red             Simons                            stated                        he              opposes                         the              road                    paving                      unless                     the            assessment                                     is

           fair.                         He             spoke                     to           right-of-way                                           acquisition                                       and            easements.
 (Depart              Ms.                Snell)



           Tom             Fenton                            compared                               this                 project                           to           the              McCollum                            Lake               Project.



(Enter             Ms.              Snell)

           Cheryl                            Stewart                            addressed                                  the               assessment                                      costs,                         drainage                           problems                            and

           the             issue                        of           hardship                               participation                                               projects.



           Opposed                            to             the             project                          were:

                              Fay                  Graves                                                                Michael                           Stewart

                              Richard                                Bentley                                             Lillian                           Robinson



           Jim             Staples                                 addressed                                the                issue                   of              the               right-of-way                                      on           55th              Avenue                        as

           a       legal                      right-of-way.



           Discussion:                                               Engineering                                         costs                   if             project                        not              approved.



           Don              Hunter,                                 President                                 of               the             Federation                                      of             Manatee                         County                      Community

           Associations,                                                   stated                          there                      have                 been                     attempts                           to              convince                          the               Board

           that                   the               County                          should                         change                        the               designing                                  process                         wherein                          there                    is

           no              extension                                        of                design                            expenditures                                               until                      after                      the                 project                            is

           approved.                                         He           addressed                                 the               issues                       of          EPA             funding                           for            the             Oneco                    area.



           Discussion                                        followed                               regarding                                certain                           allegations                                       by        Mr.             Hunter.



           Hontine                            Gilmore                             stated                       she                 had           prepaid                            three                    separate                           assessments,                                       yet

           had               to              pay                   for             pumping                               her              septic                          tank                 because                            no          construction                                         had

           begun.                             She                was              opposed                           to             the           road                   assessment.



           Ward                   Reasoner                                   stated                          it               is           unfair                            for             the                gas               tax              to            go            entirely

           towards                            maintenance                                           of        paved                       roads.



           Discussion:                                               Suggested                                    the               property                              owners                        be        reimbursed                                   for             the               cost

           of         pumping                                septic                      tanks.



           Motion                        -         Deny                   Project

           MotionwasmadebyMrs.                                                                                                Hooper                        and                seconded                              by            Ms.                Snell,                    to               deny

           adoption                                of            Project                            No.             5148.                        Motion                        carried                          unanimously.



           Motion                        -         Sewer                     Project

           Ms.             Snell                        moved                     to          direct                          staff                   to          proceed                            immediately                                  with                 sewer                     work

           in         this                    area.                         Motion                          was               seconded                            by           Mrs.                  Hooper.



           Upon               request,                                    Ms.             Snell                      included                               in           the              motion                      a          request                       for             staff                    to

           bring                    back                     a           report                      to            determine                                the                costs                    of        reimbursing                                        individuals

           for             costs                        expended                              for             pumping                            septic                        tanks.



           Vote

           Motion                        carried                            unanimously.


           It        was                 requested                                     that                the                Samoset                           project                       be             reconsidered.                                             Discussion
           followed:                                                     agree                       to                  apply                        changes                                retroactively,                                                    but                  do            not
           reconsider;                                            drainage                               problems                             are                not               the             same                in          Samoset                       as            in          Oneco

           area;                   address                                problems                            at           the               worksession                                           (10/31/89).



           Upon               question.                                      Clay                   Tappan,                              Camp,                   Dresser                            &        McKee                 reported                            that                sewer
           construction                                             should                      begin                      by             November                             1,           1989.



CITIZEN              COMMENTS

           City                     of                   Bradenton                                        Comprehensive                                                  Land                       Use                Plan/Intergovernmental
           Element

           Avery                    Gould                          submitted                                  letter                         outlining                                   changes                          regarding                              the                City                of

           Bradenton                                     Comprehensive                                                  Land                 Use                 Plan.                             He           objected                           to            the                density

           proposed                                for                   Perico                          Island.                              He            requested                                   staff                    review                    the                Plan                 and

           prepare                            a         petition                              for             an           Administrative                                                  Hearing                          if          necessary.
                                                                                                                    SEPTEMBER                                      26,               1989                                                                                     (Cont'd)




          Parking                          -      Clerk's                                Office

          Kaye             Wilson,                                 representing                                           Clerk                        of            Circuit                             Court                     employees,                                   requested

          assistance                                    regarding                                     the            City                        of              Bradenton's                                        increased                                   parking                      meter
          rates,                      lack                  of            parking                            facilities,                                           etc.

          Disposition:                                              Referred                                 to       City                       of           Bradenton.



          Meals                  on             Wheels                         -         Recyclable                                   Material

          SabinoLiocestatedconcern                                                                                                        with                    disposal                               of             aluminum                                trays                used                  by

          Meals                  on             Wheels.

          Disposition:                                                  Directed                              to           contact                                Mrs.                   Helen                    Blue,                   Director,                                 Meals                  on

          Wheels                      program.


ZONING             -     COUNTY                         INITIATED                                     REZONE                     AGREEMENT

          KarenJackson-Sims,Director,Planning                                                                                                                                                             and                      Zoning,                               recommended

           execution                                     of                    an                 agreement                                        with                         Douglas                                  Blows                         initiating                                        the

          proceedings                                         of              rezoning                             10-acre                             parcel                            from                 PDR             to          R1AB                   inasmuch                          as               a

          Preliminary                                              Development                                            Plan                        has                     not                been                     submitted                                      within                          the

           required                              time                   limits.                               The               owner                        of            the                 subject                         property                                indicated                           an

           intent                     to           construct                                     a      single                            family                         residence                                on           site.                        Planning                             staff

           agreed                     to            allow                          the               owner                 to              commence                                 construction                                            of          residence                                prior

           to          final                      approval                                 of           the               County                             initiated                                   rezone,                          with                   the            provision

           that                no          Certificate                                           of           Occupancy                                     be           granted                          until                     final                   approval.



           Discussion:                                             Maximum                            density                             for               R1AB.



           Mr.             Chance                             moved                         to               approve                               agreement                                      between                              Manatee                            County                         and

           Douglas                             Blows.                           Motion                        was              seconded                                  by             Mrs.              Hooper.



           Mr.                 Rice                     advised                                 there                          are                    two                 versions                                  of               this                       agreement,                                  as

           outlined:                                         one                   agreement                                   includes                                   a             requirement                                       for               a          conservation

           easement                              and               the              other                     does                   not               require                            a       conservation                                          easement.



           Mr.            Chance                            added                         "with                     the                   conservation                                               easement".                                          The                motion                       was

           withdrawn.

            (Note:Action                                                      taken                   later                     in          the                  meeting).



Recess/Reconvene.                                                       All              members                          present.



STREET             VACATION                             -          ONECO                    PARK                   SUBDIVISION

            Publichearing(NoticeTnThe                                                                                                                  Bradenton                                     Herald                         9/6/89)                             was           held                     to

           consider                                application                                           89-V-12                                 Dan                  S.                 Blalock,                              Jr.,                    as               Trustee                          and

           Monana                     Corporation                                           and               adoption                                 of



                               R-89-81-V                                           RESOLUTION                                  VACATING                                   CERTAIN                         STREETS,                               ROADS                   OR

                               OTHER                        APPROPRIATE                                           PROPERTY                                  TO             VACATE                         A         PORTION                            OF              THE

                               PLAT                     ON                BLOCK                         3,                4,                5,               7,                 8             AND              13,                   ONECO                        PARK

                               SUBDIVISION                                              (PLAT                 BOOK                   1,          PAGE                     217).



            Claude                         Tyier,                              Public                         Works,                             stated                             there                      were                    no              objections                                   from

            reviewing                               agencies/departments                                                                          and               staff.



            Discussion:                                             Manatee                            Glens                     Hospital;                                       adjacent                               area                drainage                            problems;
            stormwater                                  program;                                  traffic                            impact                          in             subdivision                                      to          the              north.



            Mr.           Chetlain                                  moved                       to           adopt                    Resolution                                          R-89-81-V                                 vacating                             part               of           the

            plat               of              Oneco                     Park                   Subdivision.                                                 Motion                            was            seconded                            by              Ms.           Snell                    and
            carried                            unanimously.

                                                                                                                                                                                                                                                                              RECORD                      S39-411


ORDINANCE                       89-56                   -          AMENDMENT                                  911               FEE
            Public                      Hearing(Noticein                                                                        the                   Bradenton                                   Herald                           8/31/89)                             was           held                     to
            consider



                               ORDINANCE                                       89-56                        AN        ORDINANCE                                          OF             MANATEE                         COUNTY,                         FLORIDA,
                               AMENDING                                  ORDINANCE                                   86-06,                            AS            AMENDED                             BY             ORDINANCE                                  87-33,
                               WHICH                    PROVIDES                                  FOR              THE               IMPOSITION                                          OF          A     "911"                     FEE;               AMENDING
                               SECTION                             VI              OF       ORDINANCE                                      86-06,                         AS            AMENDED                          BY          ORDINANCE                                87-

                               33,               TO           PROVIDE                             THAT               NONRECURRING                                                   CHARGES                         FOR               "911"                     SERVICE
                               AND               EQUIPMENT                                  MAY               BE           SPREAD                           OVER                    A      PERIOD                        EXTENDING                                BEYOND
                               THE                FISCAL                           YEAR                 IN           WHICH                         THE               "911"                       FEE               IS          COLLECTED;                                     AND
                               PROVIDING                                      AN          EFFECTIVE                                  DATE.




                                                                                                                                                             '•^•5
                                                                                                                                                  *^6




                                                                                                                  SEPTEMBER                               26,              1989                                                                                        (Cont'd)




           Jim           Seuffert,                               Director,                                  Management                                    and              Budget,                        reported                                in              addition                            to

           operating                              costs,                        numerous                                 capital                          expenses                              related                           to           the                     relocation

           of           the                "911"                       center                          and                other                     System                             improvements                                           were                       incurred,
           resulting                              in             a        deficit                                in            the               "911"                     fee             account.                                      The                  Division                                of

           Communications,                                               Department                                       of              General                         Services,                              advised                               that                   FY          1988-

           1989               expenditures                                         could                    be            recovered                                 if          the            Ordinance                                were                      amended.



           Discussion:                                                   Costs                          are                         related                              only                   to               moving                                 to                   the                  new

           Administrative                                              Center;                         18-month                                extension.



           Mr.           Chance                    moved                      to           adopt                       Ordinance                                89-56.                         Motion                       was              seconded                                by           Mr.

           Chetlain                         and               carried                        unanimously.
                                                                                                                                                                                                                                                                    RECORD                       S39-412



ZONING             -     COUNTY                     INITIATED                                  REZONE                          AGREEMENT

            (Continued                              from                 earlier                             in          meeting).

           Mark                Barnebey,                                Assistant                                     County                      Attorney,                                addressed                                   the               two                  versions

           of          the            agreements                                    (one               with                    conservation                                       easement,                                 one              without).



           Douglas                           Blows,                           applicant,                                            reviewed                               the                 background                                         regarding                                       the

           request.



           Steve                      Logan,                           Assistant                                       County                          Administrator,                                                  addressed                                         the                   Land

           Development                                       Code                  provisions                                       and                requirements                                       of           the                  two                   agreements:

            (1)              requires                           the             applicant                                      to           maintain                             the            conservation                                             easement                                 and

           (2)           does               not                require                       the                  applicant                               to             maintain                         the               easement.



           Mr.           Rice                advised                          the              agreements                                      are             valid                    with              or          without                              the                easement

           requirement.



           Motion                     was               made              by             Ms.                Snell                      and              seconded                           by           Mrs.                    Hooper,                             to             execute

           the                agreement                                with                  Douglas                                  Blows                     without                           the                 requirement                                              for                the

           conservation                                       easement.                                     Motion                          carried                        unanimously.
                                                                                                                                                                                                                                                                    RECORD                        S39-413



COMMISSIONER'S                                 COMMENTS

           Water                 Level                   -       Lake                Manatee                             Dam

           Safety                     checks                     and               water                    level                      at         the               Lake                Manatee                       Dam               were                      discussed.



           Cedar                 Creek                   Motel

           A           letter/petition                                                      was                       submitted                                     by                residents                                   of                Ferrell                                    Park

           Subdivision                                       stating                        that                       activities                                   at           Cedar                    Creek                        Motel                        (2606                      14th

           Street                     West)                   are             interfering                                           with               daily                    lives                and               area                  businesses.

           Disposition:                                          Referred                              to              Sheriff's                               Department.



PROPERTY                 REZONE                     -         HOLIDAY                        HEIGHT                            SUBDIVISION

           SteveLogan,AssistantCounty                                                                                                         Administrator,                                              reported                                  that                      property
           owned                 by         Jay               Getz                  (24th                   Street/49th                                        Avenue                     West)                  had               been                    rezoned                             from
           R-2                (duplex)                           to           R-l                 under                        the               1981                    Comprehensive                                            Plan                       in              order                    to

           bring                      it           under                           compliance.                                                    It                appears                          to               be                a              single-family

           residence,                               however,                                it              is           a          duplex.                               Mr.             Getz                  is              attempting                                     to              sell
           the           property,                                but                a      buyer                        cannot                        get               financing                              for               a         duplex                           as           it          is

           zoned                 single-family.



           Motion                      was               made                   by               Ms.                  Snell,                         seconded                             by            Mr.                Chance                             and                  carried

           unanimously,                                          to                authorize                                        staff                      to               move                 forward                                 with                        a           County
           initiated                           rezone.


COMMISSIONER'S                                 COMMENTS                                  (Continued)

           West               Coast                 Inland                         Navigational                                             District                             (WCIND)

           Astatusreportwas                                                                                 presentedandtheBoard                                                                                                was                    advised                                 that

           appropriated                                       funds                  for               various                              county                       projects                         were                   approved                                by          WCIND.



           Correspondence                                              Entered                         into                    the             Record

           T.Cortez                                      Podiatry                            Variance

                              Arefundwasrequested                                                                                    by         Cortez                          Podiatry                             for               an              inappropriate
                              application                                     fee.

                              Disposition:                                                 Referred                                   to             County                       Attorney                                 to            investigate                                             and

                              bring                     back                  report                             for                next                 agenda;                           directed                                staff                          to              contact

                              Cortez                     Podiatry.
                                                                                              SEPTEMBER                            26,            1989                                                                       (Cont'd)




          2.            City            of           Palmetto-                         Haben                Boulevard                            Grant             Audit

                        Cityof                         Palmetto'sconcernregardingthe                                                                                                 Clerk                 of          the              Circuit

                        Court                audit                 of         funds                used            by         the             Civic             Center                        for        Haben                Boulevard

                        construction,                                    was           discussed.

                        Disposition:                                          Forward                      copy               of             letter                    to            R.B.              Shore,                  Clerk                     of

                        Circuit                      Court,                   and           have            auditor                         report                on          his             audit.



          3.            Jails                -       Local               Option                    Sales                Tax              Interlocal                           Agreement

                        Discussion                              was            held                regarding                           letters                    to           be            submitted                        to             Mayors

                        of           local               municipalities                                           addressing                              the               Interlocal                               Agreement                           to

                        allow                return                     of          Local              Option                      Sales                 Tax           to           the             County               to            be         used

                        to           build                    jails,                   etc.                and            also                   informing                               Mayors                 regarding                             the

                        meeting                           in                  November                            to                 discuss                            the                    formation                                 of              an

                        intragovernmental                                              committee-



          Assessment                         Projects                         Worksession

          Discussionwasheldregarding                                                                                     the                 items                to            be              discussed                              for            the

          October                    31,               1989                  worksession                                dealing                        with                 problems                            of           assessment

          projects.


MEETING             ADJOURNED

          There              being                no         further                   business,                          the               meeting                    was               adjourned.



          Attest:                                                                                                         APPROVED:




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                         ,            Cle-rk                                                                                                          Chairman                            /ss^/f/fy
               _ ,...           ,


          Adj:           3:30              p.m.
                        /dmh'




                                                                                                                                   '-:^'f

				
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