january 26. 1995 the board of county commissioners ......1995/01/26  · william j. marney -...

11
JANUARY 26. 1995 The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112 Manatee Avenue West, Bradenton, Florida, Thursday, January 26, 1995, at 9:02 a.m. Present were Commissioners: Stan Stephens, Chairman Patricia M. Glass, First Vice-chairman Joe McClash, Second Vice-chairman John Gause, Third Vice-chairman Lari Ann Harris (entered during the meeting) Maxine M. Hooper Gwendolyn Y. Brown Also present were: James W. Seuffert, Interim County Administrator H. Hamilton Rice, Jr., County Attorney Susan G. Romine, Deputy Clerk, representing R. B. Shore, Clerk of Circuit Court Invocation by Rev. Ronald Baker, Bradenton Christian Reformed Church. The meeting was called to order by Chairman Stephens. All witnesses/staff giving testimony were duly sworn. (Depart Ms. Brown) PROCLAMATIONS Shrine Hospital Days Upon motion by Mrs. Hooper and second by Mrs. Glass, a Proclamation designating February 23, 24, and 25, 1995, as "Shrine Hospital Days" was adopted 5 to 0. RECORD S44-758-/) Representatives from the Shriners accepted the Proclamation. St. Joseph catholic School Day Upon motion by Mr. McClash and second by Mrs. Glass, a Proclamation designating January 31, 1995, as "St. Joseph Catholic School Day" was adopted 5 to 0. RECORD S44-759 Dr. William Saul, St. Joseph Catholic School Principal, accepted the Proclamation. Tpam-tly violence Awareness Week Upon motion by Mrs. Glass and second by Mrs. Hooper, a Proclamation designating the week of January 30, 1995, as "Family Violence Awareness Week" was adopted 5 to 0. RECORD S44-760 Ashley Leonard, Executive Director of HOPE Family Services, Inc., was present to accept the Proclamation. (Enter Ms. Brown) AGENDA DELETIONS Carol Clarke, Planning, Permitting and Inspections Director, advised the following items were deleted from the agenda: 1) Sale of Manatee Memorial Hospital - Deferred to a later date 2) Proposal regarding Certificates of Occupancy - Deferred to February 23, 1995. CONSENT AGENDA Motion was made by Mrs. Glass, seconded by Mr. McClash and carried 6 to 0, to approve the Consent Agenda for January 26, 1995, with deletion of: 1) Amendments to WCIND Project Agreements; and 2) PDC-94-07(Z)(P) Jerry Pies and Tom Biemborn/Add-A-Room Storage (separate action). Items APPROVED: COMPREHENSIVE PLAN AMENDMENT Public hearing (Notice in the Bradenton Herald 1/20/95) was held to consider ORDINANCE 95-01 AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA, AMENDING MANATEE COUNTY ORDINANCE 89-01, AS AMENDED, THE MANATEE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR A SMALL 44/209

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Page 1: JANUARY 26. 1995 The Board of County Commissioners ......1995/01/26  · William J. Marney - Yoshukai Karate S44-771 Bill Slinker - Yoshukai Karate RECORD S44-772 Transit Advertising

JANUARY 26. 1995

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

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

Bradenton, Florida, Thursday, January 26, 1995, at 9:02 a.m.

Present were Commissioners:

Stan Stephens, Chairman

Patricia M. Glass, First Vice-chairman

Joe McClash, Second Vice-chairman

John Gause, Third Vice-chairman

Lari Ann Harris (entered during the meeting)

Maxine M. Hooper

Gwendolyn Y. Brown

Also present were:

James W. Seuffert, Interim County Administrator

H. Hamilton Rice, Jr., County Attorney

Susan G. Romine, Deputy Clerk, representing

R. B. Shore, Clerk of Circuit Court

Invocation by Rev. Ronald Baker, Bradenton Christian Reformed Church.

The meeting was called to order by Chairman Stephens.

All witnesses/staff giving testimony were duly sworn.

(Depart Ms. Brown)

PROCLAMATIONS

Shrine Hospital Days

Upon motion by Mrs. Hooper and second by Mrs. Glass, a Proclamation

designating February 23, 24, and 25, 1995, as "Shrine Hospital Days" was

adopted 5 to 0. RECORD S44-758-/)

Representatives from the Shriners accepted the Proclamation.

St. Joseph catholic School Day

Upon motion by Mr. McClash and second by Mrs. Glass, a Proclamation

designating January 31, 1995, as "St. Joseph Catholic School Day" was

adopted 5 to 0. RECORD S44-759

Dr. William Saul, St. Joseph Catholic School Principal, accepted the

Proclamation.

Tpam-tly violence Awareness Week

Upon motion by Mrs. Glass and second by Mrs. Hooper, a Proclamation

designating the week of January 30, 1995, as "Family Violence Awareness

Week" was adopted 5 to 0. RECORD S44-760

Ashley Leonard, Executive Director of HOPE Family Services, Inc., was

present to accept the Proclamation.

(Enter Ms. Brown)

AGENDA DELETIONS

Carol Clarke, Planning, Permitting and Inspections Director, advised the

following items were deleted from the agenda:

1) Sale of Manatee Memorial Hospital - Deferred to a later date

2) Proposal regarding Certificates of Occupancy - Deferred to

February 23, 1995.

CONSENT AGENDA

Motion was made by Mrs. Glass, seconded by Mr. McClash and carried

6 to 0, to approve the Consent Agenda for January 26, 1995, with

deletion of: 1) Amendments to WCIND Project Agreements; and

2) PDC-94-07(Z)(P) Jerry Pies and Tom Biemborn/Add-A-Room Storage

(separate action). Items APPROVED:

COMPREHENSIVE PLAN AMENDMENT

Public hearing (Notice in the Bradenton Herald 1/20/95) was held to

consider

ORDINANCE 95-01 AN ORDINANCE OF THE COUNTY OF MANATEE,

FLORIDA, AMENDING MANATEE COUNTY ORDINANCE 89-01, AS AMENDED,

THE MANATEE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR A SMALL

44/209

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44/210

JANUARY 26. 1995 (Cont'd)

SCALE AMENDMENT TO THE FUTURE LAND USE MAP (SHEET 18) FROM RES-9 TO

R/O/R FOR CERTAIN LAND LOCATED ON THE NORTHWEST CORNER OF

76TH STREET WEST AND CORTEZ ROAD CONSISTING OF 3 ACRES; PROVIDING

FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Planning Commission recommended ADOPTION.

(PA-95-01: Property Owners - John Rekkas/Donna stine Trust)

RECORD S44-761

ZONING

Public hearing (Notice in the Bradenton Herald 1/6/95) was held to

consider

2-94-18 GENMAR d/b/a WELLCRAFT MARINE - HC (APPROVED)

AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA, AMENDING THE

OFFICIAL ZONING ATLAS OF MANATEE COUNTY, ORDINANCE NO. 90-01,

THE MANATEE COUNTY LAND DEVELOPMENT CODE, RELATING TO ZONING

WITHIN THE UNINCORPORATED AREA OF MANATEE COUNTY; PROVIDING

FOR THE REZONING OF CERTAIN LAND FROM HM TO HC; PROVIDING AN

EFFECTIVE DATE; ON 2.76 ACRES LOCATED ON THE EAST SIDE OF

15TH STREET EAST, 310 FEET NORTH OF 69TH AVENUE EAST.

Planning Commission recommended APPROVAL. RECORD S44-762

1995 LAND DEVELOPMENT CODE AMENDMENTS

Proposed public hearing schedule for 1995 Land Development Code

(LDC) Amendments, and direction to staff to schedule and prepare

for these hearings. RECORD S44-763

IMPACT FEE CREDIT AUTHORIZATION

Credit Authorization CA-94-17(T) for IMG Enterprise. Inc.. for

right-of-way dedication at 60th Avenue East and Factory Shops

Boulevard, Ellenton. RECORD S44-764

METROPOLITAN PLANNING ORGANIZATION EXPENDITURE

Pay $5,852.78 to the Sarasota/Manatee Metropolitan Planning

Organization for Manatee County's share of expenses for the first

quarter period, July through September 1994.

DEEDS AND EASEMENTS

Summerfield Village Subphase A, PDR-91-17/94-S-07 (F) - Conservation

Easement from Lakewood Ranch Community Development District 1 to

satisfy a condition of an Interlocal Agreement with the County for

approval of the final subdivision plat.

PLANNING COMMISSIONERS JOURNAL

Pay for subscriptions to the Planning Commissioners Journal to be

sent to seven Planning Commissioners, total of $70.

ACCESS AND DRAINAGE PERMIT

Affidavit for Non-Maintained Right-of-Way Use of Access in

accordance with the Land Development Code, Section 712.2.3,

Ordinance 90-01, from:

Ruth Cost, 23605 53rd Avenue East, Myakka City.

INITIATE REZONE - TOM SCHLEMMER/8&8 MOBILE HOME SERVICE. INC.

Staff to initiate a rezone from RSF-6 to NC-M for property located

at 1208 50th Avenue Plaza West.

ORDINANCE 94-04: CONTRACTORS RULES AND REGULATIONS

Set a public hearing to consider amending Ordinance 94-04, Rules

and Regulations for Contractors, regarding Certificates of

Competency.

LAKE MANATEE BOAT RAMPS - FLORIDA BOATING IMPROVEMENT GRANT

Chairman to sign letter to Department of Environmental Protection

requesting a 90-day extension of the Florida Boating Improvement

Program Development Project Grant Agreement (C8326) regarding the

Lake Manatee Boat Ramp Renovation, to expire April 17, 1995.

BUILDING PERMIT REFUND

Refund building permit application fee of $50 to John L. Blaser.

CLERK OF CIRCUIT COURT

BONDS

Accept:

Sheriff's Public Deputies Blanket Bond (10 additions; 6 deletions)

RECORD S44-765

Vulcan Palmetto Kailyard

1. Agreement with Vulcan/ICA Distribution Company warranting removal

of aggregate piles from site at the end of the operation, $27,300.

2. Performance Bond: $27,300 (Surety Bond 8141-12-75, Federal

Insurance Co.)

Page 3: JANUARY 26. 1995 The Board of County Commissioners ......1995/01/26  · William J. Marney - Yoshukai Karate S44-771 Bill Slinker - Yoshukai Karate RECORD S44-772 Transit Advertising

JANUARY 26, 1995 (Cont'd)

inlets at Riverdale

1. Agreements (4) with Camlin Home Corporation guaranteeing completion

of required sidewalks and bikeways for Lots 268, 267, 266 & 265,

$650 each.

2. Performance Bonds: 4 at $650 each (Cashiers Checks 506124015,

506124013, 506124012, and 506124014.

Release:

Fox Pointe Subdivision

1. Agreement with Fox Land Development. Inc., Warranting Required

Improvements, $1,715.

2. Defect Security: $1,715 (Cashier^s Check 353460, BancFlorida)

RESCIND BILLS FOR PAYMENT

Keith Kerr Construction - Moccasin Wallow Road Reclaimed

Water Main (appr 1/3/95)

BILLS FOR PAYMENT

Bush, Ross et al - Hy Kom Dev Co thru 12/31/94

" " - Arthur Dillard v MC thru 12/31/94

" " - Bruce Cerniga v MC thru 12/31/94

Carlton, Fields et al - Public Health/Indigent Care

(Thru 11/30/94)

T W Althof Co. - SHIP Housing Rehab (Simmons)

Ellis Enterprises - SHIP Housing Rehab (Cooper)

Tri-Tech Construction - SHIP Housing Rehab (Waiters)

Briley, Wild and Assoc - WA B/2 Reclaimed Wtr Main, Bay Dr

to 34 St W

Camp Dresser & McKee - W/A 2 Manatee Dam Dwnstream Rel Study 11,765.10 " " " " - W/A 3 Manatee Dam Dwnstream Rel Study 6,968.35

$95,625.89

306.03

598.88

1,002.10

1,075.14

2,928.25

4,795.50

5,684.00

2,020.61

Walrus Construction - Daughtrey Community Park

Coastal Planning & Engineering - Anna Maria Beach

Renourishment - Post Construction Svs

T A Forsberg - 42" Wtr Transm Main, Ph II (SR64 to SR70)

Glace & Radcliffe - W/A 4, Canal Road (17 St E to 33 St E) " " " - W/A 1, US 301 Blvd (30 Ave W Imprvmts)

" " " - W/A 2, Rehabilitation of 11 Bridges

" " " - W/A 5, Bayshore Gardens Pkwy

(26 St to 34 St W)

Insituform Southeast - W/A 3, Reconstruction of Manholes,

Wet Wells, & Sanitary Sewer Lines

Keith Kerr Constr - Moccasin Wallow Reclaimed Water Main

" " " - Rehabilitation of Lift Stations

McKim & Creed - W/A B-l, PH II, 42 Inch Water Transmission

Main, SR 64 to SR 70

Price Bros Co. - 42 Inch Water Main, PH I, University Pkwy

Rockdale Pipeline Inc - 42 Inch Water Main, PH I,

Treatment Plant to SR 64

Sewell, Valentich et al - Appraisal Svs/SR 70, Inv 94-60

" " - Appraisal Svs/SR 70, Inv 94-63

" " - Appraisal Svs/SR 70, Inv 94-47

Woodruff & Sons - Bayshore Gdns Pkwy (34 St W to 26 St W)

Jerry Zoller - W/A 2, Public Safety Complex

" " - Final C/0 to W/A 6, Public Health Unit Roof

REFUNDS

M. Pete McNabb, Inc. - Impact Fee Credit (River Club Lot 14)

" " " " - " " " (Demolition)

" " " " - " " " (River Club Lot 1081)

" " " " - " " " (River Club Lot 1083)

Blue Cross - Ambulance Overpayment

Medicare Travelers Insurance - Ambulance Overpayment

Shirley Found - Ambulance Overpayment

WARRANT LIST

34,144.00

48,305.62

162,728.00

3,190.00

2,090.00

7,975.37

879.57

80,007.68

95,061.61

48,465.00

6,063.70

667,322.62

307,492.71

4,750.00

4,750.00

1,500.00

128,619.92

589.40

572.40

139.30

2,211.80

240.30

187.20

176.15

150.53

355.63

January 10, 1995, through January 25, 1995

January 26, 1995, through February 6, 1995

Approve:

Authorize:

MINUTES FOR APPROVAL

November 22, 1994 (Special)

AUTHORIZE CHAIRMAN TO SIGN

Corrective Document (Scrivener's Error):

PDR-94-11(Z) - George H. Foy (approved 12/15/94)

Satisfaction of Judgment:

Charles Flint, Case 94-1954F, $100

Dwight B. Roberts, Case 91-65F, $200

Jon A. Wachtel, Case 93-2610F, $250

RECORD S44-766

44/211

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JANUARY 26, 1995 (Cont'd)

Partial Release of Special Improvement Assessment Liens:

Projects: 5121; 301-5147; 301-5152; 2502(3); 301-5148

Corrective Partial Release of Special Improvement Assessment Lien:

Project 5151

Contract with Seaway Marine Contractors. Inc.. for Dune Construction,

Vegetation, and Fencing, $226,401.50; date Performance and Payment

Bonds and Powers of Attorney; accept Certificate of Insurance

(approved 1/10/95) . RECORD S44-767

APPROVE. RATIFY & CONFIRM

P 6 R Special Interest Classes Instructor's Agreements:

Patricia L. Munson - Clogging/Country Western Line Dance S44-768

Phyllis J. Nagle - Line Dancing S44-769

Lorrie L. Gilliam - Stained Glass Art S44-770

William J. Marney - Yoshukai Karate S44-771

Bill Slinker - Yoshukai Karate RECORD S44-772

Transit Advertising Agreements:

Citrus Meadows Apartments S44-773

Neal & Neal Realtors RECORD S44-774

ACCEPT/AUTHORIZE

Accept: Affidavit of Loss from Stuart M. & Sarah U. Schulman;

Lost Sole Obligor Bond (Federal Insurance Company)

Authorize: Chemical Bank to reissue Lost Coupons due 9/1/94 and

3/1/95, $105.00 ea, detached from 4.20% Manatee County

Florida Water Revenue dtd 3/1/65 due 3/1/2005, Bond

Nos. 2523 & 2524 @ $5,000 each in Bearer Form

Accept: Affidavit of Loss from SunBank of Tampa Bay, Trustee of

Sarah E. Henry Trust, under agreement dtd 2/8/91

Authorize: State Street Bank and Trust Company, N.A. to reissue Lost

Coupons due 4/1/91, $160.00 ea, detached from 6.40% Water

& Sewer Revenue Bonds, Series 1978 due 10/1/2008, Bond

Nos, 7409 & 7412 @ $5,000 each in Bearer Form

ACCEPT

Transportation Service Agreement with State of Florida. Dept of Labor

& Employment Security. Division of Vocational Rehabilitation, with

correct mathematical calculation on Page 3 (approved 10/18/94).

RECORD S44-775

Sarasota Manatee Airport Authority - 1995 Meeting Schedule

Southern Manatee Fire & Rescue District - Financial Statements FY 1994

Amerecycle - Letters of Opposition (to the recycling program)

(End Consent Agenda)

ZONING

Public hearing (Notice in the Bradenton Herald 1/6/95) was held to

consider

PDC-94-07(ZUP) JERRY PIES AND TOM BIEMBORN/ADD-A-ROOM STORAGE -

PDC (APPROVED)

AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA,...; PROVIDING FOR

THE REZONING OF CERTAIN LAND FROM A-l TO PDC; PROVIDING FOR AN

EFFECTIVE DATE; AND APPROVAL OF A PRELIMINARY SITE PLAN TO ALLOW A

MINI-WAREHOUSE STORAGE FACILITY. AND GRANTING SPECIAL APPROVAL FOR

A PROJECT EXCEEDING 30,000 SQUARE FEET IN A RES-6 FUTURE LAND USE

CATEGORY ON 3.78 ACRES LOCATED ON THE EAST SIDE OF 37TH STREET

EAST, 760 FEET NORTH OF STATE ROAD 70. ^'^

Planning Commission recommended APPROVAL with fouy Stipulations;

RECORD S44-776

and Modifications

1. Section 704.47.2 regarding minimum set back;

2. Section 715.5.2.1 regarding landscape buffers;

and Findings for Modifications (outlined in the staff report).

Ms. Clarke reviewed the staff report and referred to a map, noting that

a portion of the property being rezoned extends northward from the rest

of the property. This was added to insure that requirements in the

Comprehensive Plan regarding floor area ratios for commercial activities

are met. Staff was concerned that it appears to be an intrusion of

commercial zoning into a residential area. This area is being utilized

as open space, and she recommended it be rezoned out of the commercial

category at a future time.

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JANUARY 26, 1995 (Cont'd)

Mark Barnebey, Assistant County Attorney, recommended adding

Stipulation:

5. Comments made at the Planning Commission public hearing are to be

incorporated and made a part of the record.

(NOTE: Planning Commission of January 12, 1995, Minute Book 1/474)

Based upon the staff report, evidence presented and comments made at the

public hearing, the action of the Planning Commission, and finding the

request to be consistent with the Manatee County Comprehensive Plan and

the Manatee County Land Development Code, Mrs. Glass moved to adopt

Manatee County Zoning Ordinance No. PDC-94-07(Z)(P); approve the

Preliminary Site Plan with Stipulations 1-4, 5 (added by the County

Attorney); grant special approval for a project exceeding 30,000 sguare

feet in a RES-6 Future Land Use Category; adopt the Findings for

Modifications and approve the Modifications to Section 704.47.2 and

715.5.2.1 of the Land Development Code, as recommended by the Planning

Commission. Motion was seconded Mrs. Hooper and carried 6 to 0.

RECORD S44-777

(Mary Frances Schultz, Court Reporter, was present)

Public hearing (continued from 12/15/94) was held to consider

PDR-94-09(P^ - OVERSEAS PARTNERSHIP/PLANTATION BAY (DENIED)

Request: Preliminary Site Plan to allow 31 single—family detached

residences. 74 single-family semi-detached residences, and 168

multi-family units at a gross density of 4.64 du/acre and grant

Special Approval to a project located in the Coastal High Hazard

Area on 57.7 acres located on the south side of U.S. 301, 500 feet

west of Linden Avenue and extending southward to the Manatee River.

Planning Commission recommended APPROVAL with 15 Stipulations;

RECORD S44-778

and Modifications:

1. Sections 603.7.4.7 and 603.7.4.8 regarding side yard building

setback and lot width;

and Findings for Modifications (outlined in the staff report).

Norm Luppino, Planning, Permitting and Inspections, reviewed the site

plan. He stated concerns staff had with the design of the project:

density in the Coastal High Hazard Area; compatibility; buffering;

height of the multi-family units given the proposed setbacks. He

recommended the multi-family development be reduced to three stories.

(Depart Mrs. Glass)

Mr. Luppino advised there was lengthy discussion at the Planning

Commission hearing (1/12/95) regarding secondary access into Highland

Shores via Willow Lane. He submitted modified language from the County

Attorney for Stipulation 2.

(Enter Mrs. Glass)

Discussion: Access; boulevard to be used as a secondary means of

access; street vacation.

Tom McCollum, representing the applicant, referred to a map to show the

character of the neighborhood. He requested in Stipulation 1,

multi-family development be limited to four stories and the number of

units be reduced to 140.

(Mrs. Hooper absent for a portion of discussion)

(Enter Mrs. Harris)

Steven Thompson, representing Highland Civic Association, submitted a

petition signed by 107 residents requesting denial of the request.

Irving Stewart; Sam Traserini; Al Bowman, President of Highland Shores

Civic Association; Roger Mashberger; and Virgil Mills (all residents of

Highland Shores) spoke against the request. Items discussed: flooding;

extension of Willow Lane; and neighborhood safety.

Mr. Thompson reported it does not appear that this site plan has met the

requirements of the LDC, specifically preservation of uplands; hurricane

evacuation; interneighborhood connection disrupting the Highland Shores

community; and an increase of traffic hazards.

44/213 * *» f f f

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JANUARY 26, 1995 (Cont'd)

Harvey Holton stated he was in favor of the request.

Al Wallace, Planning, Permitting and Inspections, reported that any

water runoff would flow into the wetlands and the Manatee River, and

would not increase flooding in Highland Shores.

In rebuttal, Mr. McCollum advised the applicant has proposed direct

access to U.S. 301, and has complied with the requirements of the

Comprehensive Plan and LDC relating to elevations, stormwater, and

evacuation plans at the appropriate time.

Based upon the staff report, evidence presented and comments made at the

public hearing, the action of the Planning Commission, and finding the

request not to be consistent with the Manatee County Comprehensive Plan

and the Manatee County Land Development Code, Mr. McClash move to deny

Preliminary Site Plan No. PDR-94-09(P). Motion was seconded by

Ms. Brown and carried unanimously.

(Depart Mrs. Harris)

Public hearing (Notice in the Bradenton Herald 1/6/95) was opened to

consider

PDR-94-13(Z)(G) - CURTIS PETZOLDT/TIMBERLY - PDR (CONTINUED)

AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA....; PROVIDING FOR

THE REZONING OF CERTAIN LAND FROM RSMH-6 TO PDR; PROVIDING FOR AN

EFFECTIVE DATE; AND APPROVAL OF A GENERAL DEVELOPMENT PLAN TO ALLOW

150 MULTI-FAMILY RESIDENTIAL UNITS AND 70 ATTACHED SINGLE-FAMILY

UNITS; ON 49.91 ACRES AT THE SOUTHWEST CORNER OF U.S. HIGHWAY 301

AND FOY ROAD.

Planning Commission recommended ADOPTION with 13 Stipulations;

RECORD S44-779

and Modification

1. Section 907.9.4.2 regarding cul-de-sac length;

and Findings for Modification (outlined in the staff report).

Misty Servia, Planning, Permitting and Inspections, submitted a letter

from James D. Dye, representing the owners/developers, objecting to

Stipulation 9 requiring payment of a school impact fee when and if an

ordinance is adopted. A revised recommended motion and Stipulations 9

and 13 were also submitted. RECORD S44-780

Ms. Servia reviewed the staff report describing the location and the

surrounding areas. Staff had concerns regarding the proposal for

attached units in this area, which is developed primarily as single

family residences. Other concerns were the issue of compatibility as to

the introduction of multi-family units into the area; and density, which

is higher than any single family development on the south side of Old

Tampa Road. However, due to the location and project design in this

area, those concerns have been satisfactorily mitigated.

(Mrs. Harris entered during presentation; Depart Mrs. Glass)

Tom McCollum, representing the applicant, stated the request is

consistent and compatible with the Comprehensive Plan.

(Enter Mrs. Glass)

Speaking in opposition to the request were: Janet LaChance, Veranda

Springs resident and member of the Board of Directors of the Homeowners^

Civic Association; Marjorie Hile, Parrish Civic Association President;

Eileen Fortune, who submitted a letter from Audrey Keisacker; and Sandra

Engel. Issues of concern were: traffic; access from U.S. 301;

flooding; Phase III multi-family development; increased crime;

compatibility; etc.

David Fortune, Fox Chase Subdivision resident, stated he was opposed to

the project due to the density. He also stated he was of the opinion a

"sunshine law" violation occurred at the Planning Commission hearing,

and he filed an Affidavit with the Sheriff and a Complaint with the

State Attorney.

Mr. Barnebey stated he would look into the incident further, and advised

it would be appropriate to continue the public hearing.

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JANUARY 26. 1995 (Cont'd)

Motion was made by Ms. Brown, seconded by Mr. Gause and carried

unanimously, to continue the public hearing on PDR-94-13(Z)(G) to

9:00 a.m., or as soon thereafter as same may be heard, on February 23,

1995.

GREEK (BEER CAN) ISLAND WCIND PROJECTS

(Depart Ms. Brown)

Linda Ackerman, Community Services, relayed a request of the Town of

Longboat Key for additional funds ($55,000) and a six-month extension of

agreement for Greer (Beer Can) Island West Coast Inland Navigation

District (WCIND) dredging projects M16/M37. She submitted a colored

print of the Longboat Key area and a profile of active WCIND projects as

of January 1, 1995.

Three options were reviewed to address the request. RECORD S44-781

Bob Farber, Mayor of Longboat Key, and Dr. Cliff Truitt, representing

Mote Marine Laboratory, advised that the Town of Longboat Key would

prefer Option 3; however. Option 2 would be acceptable.

Discussion followed.

Motion was made by Mr. McClash, seconded by Mr. Gause and carried

6 to 0, to approve (Option 2) request for additional emergency WCIND

funding in the amount of $55,000; request a six-month project extension

from WCIND for the Longboat Key Greer Island Project; and authorize the

Chairman to execute documents. RECORD S44-782

(Enter Ms. Brown) S44-783

Recess/Reconvene. All members present except Mrs. Glass, Ms. Brown, and

Mrs. Hooper.

(Enter Mrs. Glass)

TAX COLLECTOR - BRANCH/AUXILIARY OFFICES

Ken Burton, Tax Collector, requested adoption of

R-95-38 RESOLUTION CONFIRMING THE ESTABLISHMENT OF BRANCH OR

AUXILIARY OFFICES OF THE TAX COLLECTOR OF MANATEE COUNTY, FLORIDA.

Motion was made by Mrs. Glass, seconded by Mr. McClash and carried

5 to 0, to adopt Resolution R-95-38. RECORD S44-784

CHILDREN^ SERVICES

(Enter Ms. Brown)

Afterschool Program Funding

Cheri Coryea, Community Services Department, discussed the fiscal year

1995 County funding for afterschool programs serving middle school youth

ages 10-15, and reviewed the background relating to this item.

(Enter Mrs. Hooper)

Ms. Coryea submitted charts, which outlined the programs.

The Children's Services Advisory Board (CSAB) recommended continuing the

programs at the recommended levels and funding (programs were funded

through January 31, 1995).

Ms. Coryea requested the following agencies receive funding through the

end of the fiscal year 1995 (amounts are fiscal year totals):

Anna Maria Island Community Center, Inc. $ 33,000.00

Boys & Girls Club of Manatee County 40,000.00

Boys & Girls Club of Manatee County/Funtastic 5,600.00

Clerk of Circuit Court/Teen Court Too 38,431.00

Just For Girls/Afterschool 42,000.00

Just For Girls/Roots & Wings 90,635.00

Manatee County Volunteer Services, Inc. 20,000.00

Manatee County Young Men^s Christian

Association 87,106.75

Myakka City Community Center 42,768.00

Palmetto Youth Center 41,250.00

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S44-785

S44-786

S44-787

S44-788

S44-789

S44-790

S44-791

S44-792

S44-793

S44-794

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JANUARY 26. 1995 (Cont'd)

Parks, Recreation and Cultural Services

East Bradenton

Police Athletic League of MC/SOS Harllee

Police Athletic League of MC/Manatee

Rubonia Community Center

Rubonia Community Center/P.E.P.

Tallevast Community Center, Inc.

Tallevast Community Center, Inc.

Thirteenth Avenue Community Center, Inc.

10,000.00 S44-795

30,000.00' S44-796

108,000.00 S44-797

30,450.00 S44-798

18,000.00 S44-799

26,050.00 S44-800

34,020.00 S44-801

41,250.00 S44-802

Motion was made by Mrs. Glass, and seconded by Mr. McClash, to authorize

the Chairman to sign letters to the 12 agencies, 18 different programs,

providing for the continued funding for the agencies for afterschool

programs through the end of the fiscal year, subject to the terms of the

original agreement. Motion carried 6 to 1, with Mr. Gause voting "Nay".

RECORD

Alternative Education

Ms. Coryea reviewed the request for further Children's Services-funds

for alternative education programs for Pace Center for Girls, Inc., and

Just for Girls (G.I.R.L.S. program).

She advised the CSAB recommended $102,503, which would sufficiently

assist and allow the Alternative Education Program for Just For Girls

(G.I.R.L.S) program to continue until September 30, 1995. Staff

recommended $78,975, which is $2,600 per student.

Motion was made by Mrs. Glass, and seconded by Mrs. Harris, to:

(1) approve $78,975 for the continuation of Alternative Education

Program for Just For Girls, Inc. (G.I.R.L.S) to year-end (contract to be

forthcoming); and (2) authorize the Chairman to sign a letter for the

PACE contract to be continued. Motion carried 5 to 2, with Mr. Gause

and Mr. Stephens voting "Nay". RECORD S44-803

ECONOMIC DEVELOPMENT COUNCIL

Community-Wide Economic Action Plan

Ms. Clarke stated that staff has been working with the Economic

Development Council to implement a Community-Wide Economic Action Plan

regarding inclusion of economic development strategies into the

Comprehensive Plan. The Community-Wide Economic Action Plan has three

phases: Economic Base Study, Community Steering Committee, and Economic

Element.

(Ms. Brown absent for portion of presentation)

A 23-member Steering Committee has been established to serve on three

subcommittees: education, infrastructure, and business development.

Motion was made by Mr. Gause, seconded by Mr. McClash and carried

unanimously, to authorize staff to work with the Economic Development

Council and to begin to plan preparation.

Funding Agreement

Ms. Clarke requested execution of a revised agreement (addendum) for an

economic base study of the Tampa Bay Partnership with the Economic

Development Council of the Manatee Chamber of Commerce. Inc.

Motion was made by Mrs. Glass, seconded by Mrs. Harris and carried

unanimously, to approve execution of the agreement. RECORD S44-804

PUBLIC SAFETY COORDINATING COUNCIL/PORT MANATEE VOCATIONAL TRAINING CENTER

Sheriff Charles Wells described the level 10 OMEGA, which is an

agreement with Juvenile Justice Department to provide a maximum risk

residential program; and the Sheriff's Office Inmate Vocational Center

programs.

He requested conceptual approval for: 1) a proposed Sheriff's Office

Vocational Training Center, to be located at the Port Manatee Inmate

Work Farm, subject to amendment of the lease, as may be necessary, with

Port Authority and Sheriff's office; 2) OMEGA Level 10 Juvenile

Residential Program; and 3) implementation of Level 10 Program using one

48-inmate module of Building B of Port Manatee Stockade Complex.

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JANUARY 26. 1995 (Cont'd)

Carol Masio, Sheriff's counsel, advised that she is working with the

County Attorney's office to develop the Services Agreement and Ground

Lease.

Motion was made by Mr. McClash, seconded by Ms. Brown and carried

unanimously, to conceptually approve the proposed Sheriff's Office

Vocational Training Center to be located at Port Manatee Inmate Work

Farm, subject to the County Attorney approval, and an amendment of the

lease between the Port and the Sheriff's office.

Motion was made by Mrs. Glass, seconded by Mrs. Hooper and carried

unanimously, to conceptually approve implementation of the Level 10

Program using one 48-inmate module of Building B of the Port Manatee

Stockade Complex.

Motion was made by Mr. McClash, seconded by Mrs. Harris and carried

unanimously, to authorize the Sheriff to enter into the provider

agreement with Florida Department of Juvenile Justice, subject to the

County Attorney review.

CDD-94-01 LAKEWOOD RANCH COMMUNITY DEVELOPMENT DISTRICT

Mr. Pendley gave a report on the pending application relating to

Lakewood Ranch Community Development District 2. He reviewed the staff

report and noted the District is 2,080 acres, located north of the

Manatee-Sarasota County line and one mile east of 1-75.

(Depart Mr. Gause)

SOUTHERN WATER USE CAUTION AREA (8WTJCA) RULEMAKING

Jeffrey Steinsnyder, Assistant County Attorney, reported on the Southern

Water Use Caution Area (SWUCA) rulemaking. He explained there is a

hearing scheduled in February 1995, and stated it is in the best

interest of the County to intervene in the proceeding.

Motion was made by Mrs. Glass, seconded by Ms. Brown and carried 6 to 0,

to authorize the County Attorney to file a motion to intervene in the

pending rule challenge proceeding regarding amendments to Chapter 40D-2

and Chapter 40D-8, F.A.C., to protect the County interests.

(Enter Mr. Gause)

FARMER'S HOME ADMINISTRATION HOUSING PRESERVATION GRANT

Public hearing (Notice in the Bradenton Herald 1/11/95) was held to

consider submission of a grant preapplication to the Farmers Home

Administration for a $200,000 Housing Preservation Program.

Karen Jackson-Sims, Community Affairs/Intergovernmental Relations

Director, recommended (agenda memo 1/13/95) adoption of

R-95-28 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF

MANATEE COUNTY, FLORIDA, AUTHORIZING THE SUBMISSION OF A

PREAPPLICATION TO THE FARMERS HOME ADMINISTRATION FOR A HOUSING

PRESERVATION PROGRAM.

Mr. Pendley stated the funds would be used to leverage State Housing

Initiative Program (SHIP) funds to upgrade substandard and deteriorated

housing.

Motion was made by Mr. McClash, seconded by Ms. Brown and carried

unanimously, to adopt Resolution R-95-28. RECORD S44-805

ZONING

Public hearing (Notice in the Bradenton Herald 1/6/95) was held to

consider

Z-94-20 DR. JOHN HEAD - PR-8 (APPROVED)

AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA...; PROVIDING FOR

THE REZONING OF CERTAIN LAND FROM RSF-6 TO PR-8; PROVIDING AN

EFFECTIVE DATE; ON .85 ACRE LOCATED AT THE SOUTHWEST INTERSECTION

OF 53RD AVENUE WEST AND 1ST STREET.

Planning Commission recommended ADOPTION.

Ms. Clarke highlighted the staff report.

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JANUARY 26. 1995 (Cont'd)

Based upon the staff report, evidence presented and comments made at the

public hearing, the action of the Planning Commission, and finding the

request to be consistent with the Manatee County Comprehensive Plan and

the Manatee County Land Development Code, Mrs. Harris moved to adopt

Manatee County Zoning Ordinance No. Z-94-20, as recommended by the

Planning Commission. Motion was seconded by Ms. Brown and carried

unanimously. RECORD S44-806

ORDINANCE 95-12: BRYN MAWR M8BU

Public hearing (Notice in the Bradenton Herald 1/6/95) was held to

consider

ORDINANCE 95-12 AN ORDINANCE OF MANATEE COUNTY, FLORIDA,

ESTABLISHING A MUNICIPAL SERVICE BENEFIT UNIT (MSBU) WHICH SHALL BE

KNOWN AS THE BRYN MAWR CANAL DREDGING MUNICIPAL SERVICE BENEFIT

UNIT; PROVIDING DEFINITIONS; IDENTIFYING ALL PROPERTY INCLUDED IN

THE MSBU; PROVIDING A GOVERNING BODY FOR THE MSBU; ESTABLISHING THE

SERVICES AND FACILITIES TO BE PROVIDED WITHIN THE MSBU; PROVIDING

FOR THE LEVY, COLLECTION AND ENFORCEMENT OF SPECIAL ASSESSMENTS IN

ACCORDANCE WITH THE UNIFORM METHOD TO FUND THE FACILITIES AND

SERVICES PROVIDED FOR THE MSBU; PROVIDING AN ALTERNATIVE METHOD FOR

THE ENFORCEMENT AND COLLECTION OF SUCH SPECIAL ASSESSMENTS;

PROVIDING FOR A SEPARATE ACCOUNTING OF FUNDS; PROVIDING FOR

AMENDMENTS TO THIS ORDINANCE, THE CORRECTION OF SPECIAL ASSESSMENTS

AND THE INCREASE IN SPECIAL ASSESSMENTS BEYOND THE MAXIMUM RATE

AUTHORIZED; PROVIDING FOR CURTAILMENT OF SERVICES; PROVIDING FOR

THE CORRECTION OF ERRORS; PROVIDING FOR SEVERABILITY AND PROVIDING

AN EFFECTIVE DATE.

Janet McAfee, Public Services, advised this is the first project brought

forward under the dredging policy which was adopted in 1993 (R-94-120) .

Ms. McAfee submitted a cost breakdown for the total assessable parcels.

She explained that a petition was received from Bryn Mawr Canal

Association requesting the County dredge the canal, and to consider

alternatives in requiring a Hold Harmless Clause from each of the

benefitting parcels. Language was included in the Ordinance that would

allow the cost of any claims against the project for which the County

would be held liable to be included as a cost of the MSBU.

Ms. McAfee submitted the following items into the record:

petition (April 1994) in favor of the canal dredging with

55 signatures, plus 3 signatures added later, representing

88 parcels, resulting in 66 percent of the residents

supporting the project

petition (May 1994) with 27 signatures in opposition

27 letters received in May 1994 from those residents in

opposition

• petition with 40 signatures and a map denoting residents in

opposition

5 letters in opposition

(Depart Mrs. Glass)

It was relayed that a telephone message was received from Tom Hayden,

6736 26th Street West, registering his approval of the project.

(Enter Mrs. Glass)

Art Childs, Bryn Mawr Canal Association Chairman, advised that a

majority of the homeowners are in favor of dredging the canal. He

submitted a chart of the depths in the canal.

Robert Hargreaves represented opponents of the Bryn Mawr Canal Dredging

project. He submitted a composite of a canal map, with typical sections

of the proposed dredging operation, and estimated water depths at those

points. He also submitted photographs (22) of the canal.

(Depart Mr. Gause)

Speaking in opposition were: Lillian Reinhard, who submitted two letters

in opposition; Ivor Nielsen; Charles Reinhard; Barbara Meluch; Trudy

Pratt; and Nancy Early.

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JANUARY 26. 1995 (Cont'd)

Discussion: True count of those in favor and those opposed; liability

of the resident; hold harmless clause; etc.

Speaking in favor of the project were: Mark Harvey; vicki Waters

submitted a letter from Ellen B. Coyer, in favor, and relayed that

Sherwood Strong, 2605 Florida, stated he is in favor; Sasna Taurke

submitted 11 photographs.

Also speaking in favor were: Tom Baker, Mike Oolan, Suzanna Young, Rita

Dominis, Bary DeMers, paula Biles, Robert Glenn, Lots Glenn, Michael

DiBiase, Lucille DiBiase, Robert Young, Winston Puttick, William Fisher,

Morris Raymer, Ron Snyder, Joyce Fisher, Henry Wellburn, Matthew

Musselman, Herb Monat, Cheryl Lohr, Bob Gartley, and Dorothy Childs.

(Mrs. Glass absent for a portion of the presentations)

Ms. McAfee advised that staff could mail another postcard survey to

residents and the results could be presented February 14, 1995.

(Depart Mrs. Hooper)

Motion was made by Mrs. Harris to continue Ordinance 95-12 to

February 7, 1995, at 2:00 p.m., or as soon thereafter the same may be

heard, with instructions to staff that a postcard be mailed to each of

the property owners, to be returned immediately. Motion was seconded by

Ms. Brown and carried 5 to 0.

RIVER CLUB DRI 18 - BONDS

Motion was made by Mrs. Glass, seconded by Mrs. Harris and carried

5 to 0, to approve the acceptance and release of bonds for River Club

Dri 18, as follows:

Accept

Letter of Credit S95-03, in the amount of $800,000,

with Republic Bank.

Release

Letter of Credit 040-LC-402780, in the amount of $800,000,

with Barnett Bank of Tampa, N.A.

MEETING ADJOURNED

There being no further business, the meeting was adjourned.

Attest: APPROVED:

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