A meeting of the Manatee County Port Authority will be held on Wednesday, January 16, 2019 at 1:30 p.m., or as soon thereafter as is practicable in the third floor meeting room of the Port Manatee Intermodal Center, 1905 Intermodal Circle, Palmetto, FL 34221, located at the intersection of South Dock Street and Reeder Road at Port Manatee.


Anyone wishing to attend this meeting who does not have an appropriate Port Manatee identification badge may enter Port Manatee by the north or south gate by displaying photo identification, generally a

driver’s license.


image

MANATEE COUNTY PORT AUTHORITY AGENDA

January 16, 2019 – 1:30 p.m.


The Manatee County Port Authority may take action on any matter during this meeting, including those items set forth within this agenda. The chairperson, at the option of the chairperson, may take business out of order if the chairperson determines that such a change in the agenda’s schedule will expedite the business of the Port Authority.


CALL TO ORDER

Invocation – Chaplain Rich Lewman, Anchor House Pledge of Allegiance

Audience Introductions Public Comments


  1. Consent Agenda


  2. Manatee County Port Authority 2019 Legislative Priorities


  3. Special Meeting - Board of County Commissioners


Executive Director Comments Public Comments Commissioner Comments

According to Section 286.0105, Florida Statutes, any person desiring to appeal any decision made by the Port Authority with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is to be based.

Vanessa Baugh, Chairman

Priscilla Whisenant-Trace, 1st Vice-Chairman; Reggie Bellamy, 2nd Vice-Chairman; Betsy Benac, 3rd Vice-Chairman; Stephen R. Jonsson, Member;

Misty Servia, Member; Carol Whitmore, Member

January 16, 2019


  1. CONSENT AGENDA


    1. Warrant List


    2. Minutes December 20, 2018


    3. Budget Resolution


    4. Twenty-First Century Group Lobbyist Fourth Amendment


    5. Authorization for the Executive Director to Execute Certain Short-Term Leases, Options to Leases, Licenses, and Temporary Easements


    6. American Cement Company, LLC Consent to Alteration of Agreements


RECOMMENDATION:


Move to approve the Consent Agenda incorporating the language as stated in the recommended motions on the cover sheets for the Consent Agenda items.

Manatee County Port Authority Warrant (Check) Listing

12/13/2018 to 01/09/2019


AP

XXXXXXX

V019302

ABBOTT, PAUL SCOTT

1,875.00

AP

XXXXXXX

V017692

ADEPT AUDIOLOGY LLC

170.00

AP

XXXXXXX

V025267

ALLEGRA PRINTING OF BRADENTON

54.36

AP

XXXXXXX

P000270

APPICE, MATTHEW

808.55

AP

XXXXXXX

P000270

APPICE, MATTHEW

19.10

AP

XXXXXXX

P000270

APPICE, MATTHEW

60.00

AP

XXXXXXX

V023254

ARCPOINT LABS OF SARASOTA

135.00

AP

XXXXXXX

V118009

AT AND T

64.21

AP

XXXXXXX

V013140

AT AND T MOBILITY

50.96

AP

XXXXXXX

V019152

AUTOZONE

76.99

AP

XXXXXXX

V002730

BANK OF AMERICA

121.69

AP

XXXXXXX

V004571

BATTERY USA INC

423.00

AP

XXXXXXX

V024209

BLUE TARP CREDIT SERVICES

216.98

AP

XXXXXXX

V170611

BOYD INSURANCE AGENCY INC

8,718.50

AP

XXXXXXX

V627878

BOYS AND GIRLS CLUB MANATEE CO

320.00

AP

XXXXXXX

V171816

BP OIL COMPANY

23.79

AP

XXXXXXX

V007624

BRIGHT HOUSE

847.88

AP

XXXXXXX

P000278

BUQUERAS, CARLOS

1,425.80

AP

XXXXXXX

P000278

BUQUERAS, CARLOS

346.77

AP

XXXXXXX

V202222

CALLAGHAN ENTERPRISES INC, DAN

275.00

AP

XXXXXXX

V202222

CALLAGHAN ENTERPRISES INC, DAN

358.80

AP

XXXXXXX

V220945

CHEVRON USA CREDIT CARDS

27.07

ZP

XXXXXXX

L023569

CORE AND MAIN LP

455.02

AP

XXXXXXX

V016283

CROPLAND SERVICES

51,875.00

AP

XXXXXXX

V254128

CROWDER BROS HARDWARE

215.88

ZP

XXXXXXX

L005778

D&D GARAGE DOORS INC

148.50

AP

XXXXXXX

V006291

DEX IMAGING INC

135.70

AP

XXXXXXX

V006291

DEX IMAGING INC

260.94

WT

XXXXXXX

V334600

DIVISION OF RETIREMENT, FLORID

64.94

AP

XXXXXXX

P000265

EDWARDS, MALCOLM R

115.00

AP

XXXXXXX

V022096

ENTECH

37.50

AP

XXXXXXX

V022096

ENTECH

814.00

AP

XXXXXXX

V022096

ENTECH

637.50

AP

XXXXXXX

V013397

ERO INC

3,733.40

AP

XXXXXXX

V323190

FASTENAL COMPANY

101.64

AP

XXXXXXX

V000131

FEDERAL MARINE TERMINALS INC

3,131.48

AP

XXXXXXX

V335029

FLORIDA CUSTOM BROKERS AND

850.00

AP

XXXXXXX

V334298

FLORIDA MUNICIPAL INSURANCE TR

38,940.25

AP

XXXXXXX

V334116

FLORIDA PORTS COUNCIL

13,125.00

AP

XXXXXXX

V019619

FLORIDA POWER AND LIGHT COMPAN

44,736.83

AP

XXXXXXX

V019619

FLORIDA POWER AND LIGHT COMPAN

5,401.38

AP

XXXXXXX

V019619

FLORIDA POWER AND LIGHT COMPAN

11,791.43

AP

XXXXXXX

V025321

FOURTH SEACOAST PUBLISHING CO

1,275.00

AP

XXXXXXX

V021937

FRONTIER COMMUNICATIONS OF FLO

2,304.69

AP

XXXXXXX

V021937

FRONTIER COMMUNICATIONS OF FLO

57.90

ZP

XXXXXXX

L007982

FRONTIER LIGHTING INC

71.80

Manatee County Port Authority Warrant (Check) Listing

12/13/2018 to 01/09/2019


ZP

XXXXXXX

L007982

FRONTIER LIGHTING INC

24.40

AP

XXXXXXX

V023397

GAHAGEN AND BRYANT ASSOCIATES

4,970.00

AP

XXXXXXX

V397768

GULF PORTS ASSOCIATION

400.00

AP

XXXXXXX

V022245

GUYS HAULING AND DUMPSTER SERV

60.00

WT

XXXXXXX

V020386

HANCOCK BANK

37,559.11

AP

XXXXXXX

V023500

HOME DEPOT CREDIT SERVICES

140.00

AP

XXXXXXX

V023500

HOME DEPOT CREDIT SERVICES

193.86

AP

XXXXXXX

V023500

HOME DEPOT CREDIT SERVICES

398.05

AP

XXXXXXX

V000060

JH WILLIAMS OIL CO INC

3,390.78

AP

XXXXXXX

V000060

JH WILLIAMS OIL CO INC

1,921.20

ZP

XXXXXXX

L507891

KEETONS OFFICE SUPPLY CO INC

284.91

ZP

XXXXXXX

L507891

KEETONS OFFICE SUPPLY CO INC

432.67

AP

XXXXXXX

V000423

LEWIS LONGMAN AND WALKER PA

6,061.50

AP

XXXXXXX

V017757

LLS TAX SOLUTIONS INC

1,800.00

AP

XXXXXXX

V013723

LOGISTEC USA INC

7,000.00

AP

XXXXXXX

V022184

LOUIS PRYOR SUPPLY INC

246.88

AP

XXXXXXX

V004489

LOWES HOME CENTER INC

294.83

AP

XXXXXXX

V004489

LOWES HOME CENTER INC

83.04

AP

XXXXXXX

V024291

MACKAY COMMUNICATIONS INC

127.25

AP

XXXXXXX

V625403

MAINTENANCE TOO PAPER CO INC

441.77

AP

XXXXXXX

V627027

MANATEE CHAMBER OF COMMERCE

120.00

AP

XXXXXXX

V004140

MANATEE COUNTY PUBLIC WORKS DE

349.80

UT

XXXXXXX

V004140

MANATEE COUNTY PUBLIC WORKS DE

7,036.25

AP

XXXXXXX

V000259

MANATEE SPORTS UNLIMITED

497.88

AP

XXXXXXX

V018183

MODERN AIR AND REFRIGERATION

220.00

AP

XXXXXXX

V025109

MORRIS, EDMOND R

317.58

AP

XXXXXXX

V696537

NORTHSIDE AUTO PARTS

223.28

AP

XXXXXXX

V701905

OFFICE DEPOT INC

268.27

AP

XXXXXXX

V701905

OFFICE DEPOT INC

523.60

AP

XXXXXXX

V020673

OREILLY AUTO PARTS

164.26

AP

XXXXXXX

V706455

ORKIN PEST CONTROL

818.50

AP

XXXXXXX

V010854

P & T FILTER SALES INC

63.37

AP

XXXXXXX

V010854

P & T FILTER SALES INC

19.08

AP

XXXXXXX

V736427

PITNEY BOWES CREDIT CORP

141.00

AP

XXXXXXX

V022437

PREFERRED GOVERNMENTAL INSURAN

8,588.25

AP

XXXXXXX

V015881

QUALITY MARINE CONSTRUCTION IN

128,000.00

AP

XXXXXXX

V020765

R S AND H INC

4,862.24

AP

XXXXXXX

P000343

SANTOYO, ROXANA

604.00

AP

XXXXXXX

V015633

SIEMENS INDUSTRY INC

2,940.00

AP

XXXXXXX

V018549

SONITROL

201.19

WT

XXXXXXX

V874841

STATE OF FLA DEPT OF REVENUE

15,852.68

AP

XXXXXXX

V021175

SUNCOAST PRINT AND PROMOTIONS

1,468.05

AP

XXXXXXX

V923227

TROPHY AND SPORTS WORLD

100.00

AP

XXXXXXX

V004721

TWENTY FIRST CENTURY GROUP INC

5,000.00

AP

XXXXXXX

V006904

UNITED REFRIGERATION INC

449.67

AP

XXXXXXX

V006904

UNITED REFRIGERATION INC

283.63

Manatee County Port Authority Warrant (Check) Listing

12/13/2018 to 01/09/2019

image

AP XXXXXXX AP XXXXXXX AP XXXXXXX

V006904 V021915 V023445

UNITED REFRIGERATION INC WEBTIVITY MARKETING AND DESIGN WEST MARINE PRO

15.14

65.00

28.98

image

Total warrants (checks) for period reported 441,752.18

image


Present were:

MANATEE COUNTY PORT AUTHORITY REGULAR MEETING

PORT MANATEE INTERMODAL CENTER, THIRD FLOOR

1905 Intermodal Circle Palmetto, Florida December 20, 2018

Vanessa Baugh, Chairman

Stephen R. Jonsson, First Vice-Chairman Betsy Benac, Second Vice-Chairman Priscilla Whisenant Trace

Misty Servia Reggie Bellamy


Absent was:

Carol Whitmore


Also present were:

Carlos Buqueras, Executive Director Jennifer R. Cowan, Port Authority Attorney Angel Colonneso, Clerk of the Circuit Court

Julie Jensvold, Finance Department, Clerk of the Circuit Court Robin Toth, Deputy Clerk, Clerk of the Circuit Court


Chairman Baugh called the meeting to order at 10:00 a.m.


INVOCATION AND PLEDGE OF ALLEGIANCE

The Invocation was delivered by Chaplain Rich Lewman, new Anchor House Chaplin, followed by the Pledge of Allegiance.


INTRODUCTIONS

Members of the audience introduced themselves.


PUBLIC COMMENT

Angel Colonneso, Clerk of Circuit Court, thanked everyone for their attendance at today’s meeting.


There being no further public comment, Chairman Baugh closed public comment.


AGENDA PA20181220DOC001

AGENDA UPDATE MEMORANDUM PA20181220DOC002


  1. PRESENTATION – NICK DEVITO

    Nick DeVito, Ian Black Real Estate, summarized his expertise and designation in the Society of Office and Industrial Realtors. He utilized a slide presentation on the Florida Industrial Market Analysis, the three submarkets in the state of Florida, historically a local/regional industrial market, submarket breakdowns of Pinellas, Hillsborough, Polk, Highlighted Leases exceeding 50,000 square feet, Market Trends Central Florida Industrial hits the bit time, Orlando region and locations of Orlando Industrial 2017 leases of 30,000 square feet or greater, Orlando industrial construction activity 2013 to present, Orlando Industrial overall vacancy rate versus leasing activity in the market 2011 to 2017, Northeast Florida Industrial Market, vacancy factors, Jacksonville Industrial developments, recent lease transactions, JaxPort International

    PA MB 18-19/1

    DECEMBER 20, 2018 (Continued)


    Trade Seaport statistics, NE Florida Rail Service, Jacksonville’s Industrial future, the main challenge in NE Florida today is the lack of available quality space, Palm Beach Region is of similar size to Manatee and Sarasota, Direct vacancy rate versus asking rental rates, Leasing activity and absorption, market overview and notable new developments of the Broward Region, square feet by market in the Miami Region, Palm Beach and Broward, Chicago has the largest square feet by market, Economy Major Drivers, trade and logistics, 2017 Cargo Business Growth, Miami-Dade Industrial Market Statistics, Density – Cargo attracted to population, Florida is the 3rd most populous state, Sarasota and Manatee Industrial Market overview of inventory, vacancy rates and sizeable projects under construction, what is the market looking for in Sarasota and Manatee, customers want transparency, retail and industrial is symbiotic now more than ever, opportunities to repurpose/convert existing retail and dark centers, cold storage-online grocery business has increased 64 percent in the past 12 months, what is the market looking for in Sarasota and Manatee and the challenges ahead, construction costs up over 35 percent in the past five years, possible trade wars may have an impact on many market segments, available vacant land for development, severe space supply constraints, forecast E-commerce growth, how much space, what is the market looking for in Sarasota and Manatee, positive signs for Sarasota/Manatee, Port Manatee is the closest Port to the Panama Canal, Delivery Advantage, four-hour drive time summary from Port of Jacksonville, Port Miami and Port Manatee.


    Discussion ensued regarding the reason for this presentation was because of a study that was done and Port Manatee came in as high priority and is positioned as a Port of growth, what does Port Manatee need to do to bring in more customers, Sarasota-Manatee and Lakeland study, there are several larger companies looking to capitalize in other areas, vacancy rates are extremely low, the majority of SE Florida is $70-80 per square foot, the ability to deliver product at a lower market rental rate, competitive advantage in Manatee County is fast permitting, time is of the essence, getting the word out that Manatee County is developer friendly, Manatee County is perceived as permitting friendly, how to be most efficient in growth, and how to incentivize.


    Chairman Baugh thanked Mr. DeVito for this presentation. PA20181220DOC003


  2. CONSENT AGENDA PA20181220DOC004

    Upon question, Denise Stufflebeam, responded to questions regarding Consent Agenda Item 2.C.


    A motion was made by Member Trace, seconded by Member Jonsson, and carried 6 to 0, with Member Whitmore absent, to approve the Consent Agenda, incorporating the language as stated in the recommended motions on the cover sheets for the Consent Agenda, and with the changes noted on the Agenda Update Memorandum.


    1. WARRANT LIST

      Accepted the Warrant Listing from October 11, 2018, to December 12, 2018

      PA20181220DOC005

    2. MINUTES

      Approved minutes of October 18, 2018

    3. BUDGET RESOLUTION

      Adopted Budget Resolution PA-19-05, budgeting $250,000 awarded by the Florida Department of Transportation (FDOT) Security Grant Program, which will replace

      $250,000 of Port cash previously budgeted as the match on the North Gate Expansion Project PA20181220DOC006

      DECEMBER 20, 2018 (Continued)


    4. AGREEMENT/GRANT/COLD STORAGE WAREHOUSE IMPROVEMENTS

      Adopted Budget Resolution PA-19-03, approving and authorizing execution of a Public Transportation Grant Agreement with FDOT, for cold storage warehouse improvements

      PA20181220DOC007

    5. AGREEMENT/GRANT/ROADWAY DESIGN AND ENGINEERING

      Adopted Budget Resolution PA-19-04, authorizing execution of a Public Transportation Grant Agreement with FDOT, for the design and engineering of Port-wide roadway improvements (Total Project $60,000; FDOT $30,000; Port $30,000) PA20181220DOC008

    6. AGREEMENT/GRANT/NORTH GATE EXPANSION PROJECT

      Adopted Budget Resolution PA-19-06, authorizing execution of a Public Transportation Grant Agreement with FDOT, for the North Gate Expansion Project (FDOT contribution up to $250,000) PA20181220DOC009

    7. LEASE/ AMENDMENT/ALPICO INTERNATIONAL

      Executed Port Manatee Lease Amendment 6 to Lease (12/19/13) with Alpico International, extending the term of the lease for a two-year period until December 31, 2020, (effective 1/1/19), and includes a 5.6 percent increase in the lease rate

      PA20181220DOC010

    8. AGREEMENT/AMENDMENT/PORT MANATEE CARGO AND FREIGHT VOLUME Executed Amendment Three to Port Manatee Cargo and Freight Volume Agreement (12/17/15) with Arrow Terminals, extending the agreement for one year to December 3,1 2019 [The rates on the guaranteed short tons of 100,000 are also increased throughout the remaining optional extended terms of the Agreement (2022)]

      PA20181220DOC011

    9. 2019 HOLIDAY AND PAY DATE SCHEDULE

      Approved Manatee County Port Authority 2019 Holiday and Pay Date Schedule

      (End Consent Agenda) PA20181220DOC012


  3. REQUEST FOR QUALIFICATIONS/ENGINEERING SERVICES

    Carlos Buqueras, Executive Director, requested approval of the ranking of the firms and teams of firms for engineering professional services for the pavement improvement project and the intermodal cargo yard improvement project, as recommended by the Evaluation Committee, and authorization to negotiate the contract to be brought back to the Port Authority for approval.


    A motion was made by Member Trace, seconded by Member Benac, and carried 6 to 0, with Member Whitmore absent, to approve the request as presented on the agenda memorandum.

    PA20181220DOC013


  4. PORT MANATEE TARIFF NO. 3

    Carlos Buqueras, Executive Director, stated the Port previously approved an average of four percent, across-the-board rate increase in Port Manatee Tariff No. 3 (12/21/17), with an effective date of January 1, 2018. It is now necessary to consider rate increases again, averaging four percent across-the-board.


    Mr. Buqueras stated he plans to meet with Port tenants on changes to the tariff increase.


    A motion was made by Member Trace, seconded by Member Benac and carried 6 to 0, with Member Whitmore absent, to approve the attached Port Manatee Tariff No. 3, Additions, Changes and/or Increases, effective January 1, 2019. PA20181220DOC014


  5. 2019 PORT AUTHORITY OFFICERS

A motion was made by Member Trace, seconded by Member Jonsson, and carried 6 to 0, with Member Whitmore absent, to Approve, Ratify and Confirm the election of Vanessa Baugh as

DECEMBER 20, 2018 (Continued)


Chairman, Priscilla Whisenant-Trace as First Vice-Chairman, Reggie Bellamy as Second Vice- Chairman, and Betsy Benac as Third Vice-Chairman of the Port Authority, effective 12:01 a.m., January 1, 2019, to serve for the calendar year 2019, or until their successors are duly elected. PA20181220DOC015


EXECUTIVE DIRECTOR COMMENTS

Carlos Buqueras, Executive Director, extended a Thank You to Charles B. Smith, for four years of dedicated service as Board Member of the Manatee County Port Authority. Mr. Smith was presented with a Port Manatee Bell plaque.


Mr. Buqueras utilized a slide presentation, congratulating the latest FSO graduates December 3-4, 2018. PA20181220DOC016


PUBLIC COMMENT

Billy Roy, President of the Propeller Club, stated the mission of the Club is service and thanked the Port for their support. He encouraged the Board to let their constituents know of available scholarships offered by the Propeller Club.


There being no further public comment, Chairman Baugh closed public comment.


PORT AUTHORITY COMMENTS

Member Servia


Jennifer Cowan, Port Authority Attorney, stated the appropriate notices would be given and that a motion was not necessary.


ADJOURN

There being no further business, Chairman Baugh adjourned the meeting at 11:12 a.m. Minutes Approved:

January 16, 2019


CONSENT

AGENDA ITEM 1.C: BUDGET RESOLUTION BACKGROUND:

This resolution budgets $27,500 for a 2017 vehicle.


ATTACHMENT:


Budget Resolution PA-19-08.


COST AND FUNDING SOURCE:


Port cash of $27,500


CONSEQUENCES IF DEFERRED:


Delay in budget allocations


LEGAL COUNSEL REVIEW: N/A


RECOMMENDATION:


Move to adopt Budget Resolution PA-19-08.

RESOLUTION PA-19-08 AMENDING THE ANNUAL BUDGET

FOR MANATEE COUNTY PORT AUTHORITY FOR FISCAL YEAR 2018-2019


WHEREAS, Florida Statutes 129.06, authorizes the Manatee County Port Authority to amend its budget for the current fiscal year as follows:


  1. Appropriations for expenditures in any fund may be decreased and other appropriations in the same fund correspondingly increased, provided the total appropriations of the fund are not changed.


  2. Appropriations from reserves may be made to increase the appropriation for any particular expense in the same fund, or to create an appropriation in the fund for any lawful purpose.


  3. Unanticipated revenues, including increased receipts for enterprise or propriety funds, may be appropriated for their intended purpose, and may be transferred between funds to properly account for the unanticipated revenue.


NOW, THEREFORE, BE IT RESOLVED by the Manatee County Port Authority that the 2018-2019 budget is hereby amended in accordance with Section 129.06, Florida Statutes as described on the attached summary and specified in the budget adjustment batch files which are listed below:


Item No.

Batch ID No.

Reference No.

1

BADS11619A

BU19000194


ADOPTED with a quorum present and voting this the 16th day of January, 2019.


ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY

CLERK OF CIRCUIT COURT


image

By:

BUDGET ADMENDMENT RESOLUTION NO. PA-19-08 AGENDA DATE: January 16, 2019


  1. Fund: Port Cash


    Section: Trade Development


    Description: Budgets $27,500 for a 2017 vehicle.


    Batch ID: BADS11619A Reference: BU19000194

    January 16, 2019


    CONSENT

    AGENDA ITEM 1.D: TWENTY-FIRST CENTURY GROUP LOBBYIST

    FOURTH AMENDMENT


    BACKGROUND:


    On January 19, 2017, the Port Authority approved the Second Amendment to Contract for Professional Services with Twenty-First Century Group (TFCG) which extended the contract for an additional two years through January 31, 2019. On June 15, 2017, a third amendment was approved increasing the monthly fee to $5,000. This Fourth Amendment extends the contract for an additional two years through January 31, 2021.


    ATTACHMENT:


    Fourth Amendment to Contract for Professional Services


    COST AND FUNDING SOURCE:


    $5,000 per month included in FY 2018/2019 approved budget


    CONSEQUENCES IF DEFERRED:


    Delay in contract extension


    LEGAL REVIEW: Yes


    RECOMMENDATION:


    Move to approve and authorize execution on behalf of the Port Authority the Fourth Amendment to Contract for Professional Services between the Manatee County Port Authority and Twenty-First Century Group.


    01079936-1


    FOURTH AMENDMENT TO CONTRACT FOR PROFESSIONAL SERVICES


    This Fourth Amendment to Contract for Professional Services ("Fourth Amendment") is entered by and between the Manatee County Port Authority ("Authority"), a political entity of the State of Florida, with its principal place of business being located at Port Manatee, 300 Tampa Bay Way, Palmetto, Florida 34221, and the lobbying Firm of Twenty-First Century Group ("TFC G"), a foreign corporation, located at 434 New Jersey Avenue S.E. , Washington, DC 20003 (collectively the "Parties").


    WHEREAS, on January 17, 2013, the Authority and TFCG entered into a Contract for Professional Services ("Contract") wherein TFCG would represent the Authority in communicating with the United States Congress, the office of the President, and other federal regulatory agencies ("the federal government" ), as well as assisting Port officials in enhancing their relationship with the federal government; and


    WHEREAS, on December 18, 2014, the Authority and TFCG entered into a First Amendment to Contract for Professional Services (" First Amendment"), wherein the term of the Contract was extended for a two-year period and clarification was made to the services to be provided during the extended term; and


    WHEREAS, on January 19, 2017, the Authority and TFCG entered into a Second Amendment to Contract for Professional Services ("Second Amendment"), wherein the term of the Contract was extended for a two-year period (February 1, 2017 to January 31, 2019), specific services during that time period were identified, and changes in Florida law related to public records was addressed; and


    WHEREAS, on June 15, 2017, the Authority and TFCG entered into a Third Amendment to Contract for Professional Services ("Third Amendment"), wherein the involvement by TFCG on behalf of Port Manatee was increased resulting in an increase of the monthly fee to $5,000 per month; and


    WHEREAS, the Authority and TFCG wish to extend the Contract's term for an additional two years (February 1, 2019 to January 31, 2021); and


    WHEREAS, the Parties have agreed to the terms of the amendment and wish to memorialize their agreement to the amendment in writing.


    NOW, THEREFORE, in consideration of the terms and conditions contained in this Fourth Amendment, the Parties agree as follows:


    1. Section 4, General Provisions, of the Contract is amended to extend the term for an additional two years, and reads as follows:


      This Agreement will begin on January 17 , 20 I3 and run through January 31, 2015, unless otherwise extended by the Parties. This Agreement with Port Manatee had been extended by the Parties through January 31, 2018. The next extended tenn will begin February 1, 2019 and run through January 31, 2021. This Agreement may be executed in multiple counterparts, any of which constitute an original and all of which constitute one and the same instrument. This Agreement is governed by and construed in accordance with the laws of the State of Florida and venue is proper in Manatee County.


    2. Conflict. The Contract is unmodified other than pursuant to the provisions of the First Amendment, Second Amendment, and Third Amendment, and is in full force and effect as amended in this Fourth Amendment. This Fourth Amendment, Third Amendment, Second Amendment, First Amendment, and the Contract represent the entire agreement between the Authority and TFCG. In the event of a conflict regarding the provisions set forth in this Fourth Amendment, with the provisions set forth in the Third Amendment, Second Amendment, First Amendment and the original Contract entered into January 17, 2013, the provisions contained in this Fourth Amendment shall prevail.


    3. Mutual Representations. Each of the Parties represents unto the other Party that it has the lawful authority to enter into this Fourth Amendment, that the governing body of each of the Parties has approved this Fourth Amendment and that the governing body of each of the Parties has authorized the execution of this Fourth Amendment in the manner hereinafter set forth.


IN WITNESS WHEREOF, the Parties have executed this Fourth Amendment as of the 16th day ofJanuary, 2019.


ATTEST:

ANGELINA M. COLONNESO

Clerk of Circuit Court


MANATEE COUNTY PORT AUTHORITY

By:_ _ _ _ _ _ _ _ _ _

By:- - - - - - - - - - - - - - -

Printed:

---------

vanessa Baugh, Chainnan

WITNESSES:

t

TWENTY-FIRST CENTURY GROUP

d

By: ,.J c!J,;_,_/U;.

Printed: Ja Ck FI eIds


image

January 16, 2019


CONSENT

AGENDA ITEM 1.E: AUTHORIZATION FOR THE EXECUTIVE DIRECTOR

TO EXECUTE CERTAIN SHORT-TERM LEASES, OPTIONS TO LEASES, LICENSES, AND TEMPORARY EASEMENTS


BACKGROUND:


In 2006, the Port Authority authorized the Executive Director to execute such leases that have a duration or term not exceeding one year, do not involve or require the construction of any capital improvements and do not involve or require any type of financing or loan by the Port Authority. Staff has identified that this Resolution is out of date, revised it to renew the prior Resolution, while correcting the language to represent the current Executive Director, and expanding the authority to include similar property interests such as licenses, options to leases, and temporary easements, with the same restrictions in place.


ATTACHMENT:


Resolution PA-19-07 authorizing the Executive Director to execute certain short-term leases, options to leases, licenses, and temporary easements subject to certain restrictions.


COST AND FUNDING SOURCE: N/A.

CONSEQUENCES IF DEFERRED: N/A.


LEGAL REVIEW: Yes


RECOMMENDATION:


Move to adopt Resolution PA-19-07.

PA-19-07

RESOLUTION OP THE MANATEE COUNTY PORT AUTHORITY AUTHORIZING THE EXECUTIVE DIRECTOR THEREOF TO EXECUTE CERTAIN LEASES OF PORT MANATEE FACILITIES


WHEREAS, the MANATEE COUNTY PORT AUTHORITY (the "Port Authority") owns and operates public seaport facilities known as "Port Manatee" and seeks to encourage, develop and stimulate the flow of waterborne commerce through Port Manatee, and


WHEREAS, the Port Authority from time to time in connection with activities and operations at Port Manatee enters into leases, licenses, or options to lease land, office space and/or warehouse space with users of port facilities, and

WHEREAS, the Port Authority from time to time, in connection with activities and operations at Port Manatee, enters into temporaryeasements often associated with construction at the Port, and


WHEREAS, said leases, options to lease, licenses and temporary easements are customarily uniform in nature with standard provisions included therein, and


WHEREAS, thepresentationforapprovalandexecutionbythe Port Authorityofaproposedlease, options to lease, licenses and temporaryeasements at a once a month Port Authoritymeeting maycreate an impediment to the timelycompletion of transactions and maydelayor prevent the receipt bythe Port Authorityof revenue created bysuch lease, license oroption to lease, and from the activities andoperationswithin orupon the Port facilities, and

WHEREAS, it is expedient and to the bests of the Port Authority to authorize the Executive Director of the Port Authority to execute certain leases, options to lease, licenses, and temporary easements to the extent and upon the conditions hereinafter set forth.

NOW THEREFORE BE IT RESOLVED BY THE MANATEE COUNTY PORT AUTHORITY

that: The Port Authority is authorized and empowered to execute on behalf of the Port Authority leases, options to lease, licenses, and temporary easements of land, office space and/or warehouse space for purposes customarily and normally associated with public seaport purposes and the flow of waterborne commerce through Port Manatee, provided that the particular lease, options to lease, licenses, and temporary easements do not:

  1. Have a duration or term exceeding one year; and

  2. Involve or require any type of financing or loan by the Port Authority; and

  3. Except for temporary easements, involve or require the construction by the Port Authority of any capital improvements.


    ADOPTED with a quorum present and voting this the 16th day of January 2019.


    ATTEST: ANGELINA M. COLONNESO MANATEE COUNTY PORT AUTHORITY CLERK OF CIRCUIT COURT


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    BY:

    January 16, 2019


    CONSENT

    AGENDA ITEM 1.F.: AMERICAN CEMENT COMPANY, LLC CONSENT TO ALTERATION OF AGREEMENTS


    BACKGROUND:


    American Cement Company, LLC (American Cement) and its predecessors in interest have been tenants and port users since 1983. Port Manatee has received notification that American Cement has changed its name to Suwannee American Cement (SAC). Pursuant to the current Agreement with American Cement, interest may not be altered, assigned, or transferred without the consent of the Authority.


    ATTACHMENT:


    Consent to Assignment of Agreements


    COST AND FUNDING SOURCE:


    N/A.


    CONSEQUENCES IF DEFERRED:


    N/A.


    LEGAL COUNSEL REVIEW: Yes


    RECOMMENDATION:


    Move to approve and authorize, on behalf of the Port Authority, the execution of the Consent to Alteration of Agreements between the Manatee County Port Authority, American Cement Company, LLC and Suwannee American Cement.

    CONSENT TO ALTERATION OF AGREEMENTS

    Whereas, the Manatee County Port Authority (“Authority”) and American Cement Company LLC, (“Lessee”), are parties to those certain agreements set forth on Schedule 1 (collectively, the “Agreements”), for certain premises located in Manatee County, Florida, comprising approximately 5.97 combined acres as more particularly described on Exhibit A (the “Property”); and


    Whereas, Lessee has notified the Authority that Lessee intends to change its name to Suwannee American Cement, and hold all of its assets and conduct business activities as Suwannee American Cement, (the “Name Change”); and


    Whereas, pursuant to the Agreements, the Lessee’s interest in the Agreements may not be altered, assigned, or transferred without the written consent of the Authority; and


    Whereas, Lessee has requested that Authority consent to the Name Change allowing Suwannee American Cement recognized as lessee under the Agreements, which shall remain in full force and effect in accordance with their terms after the consummation of the Name Change.

    Now therefore, based upon the foregoing provisions, Lessee and Suwannee American Cement represent to the Authority and agree to the following:


    1. Lessee and Suwannee American Cement represent and agree that the Authority’s consent to the Name Change from Lessee to Suwannee American Cement is a condition under the Agreements. Lessee and Suwannee American Cement represent and agree that the Name Change has taken place. Suwannee American Cement and Lessee further represent and warrant to the Authority that Suwannee American Cement has the sufficient financial resources to secure the performance of the covenants of the Agreements, which are at least equal to those of Lessee prior to the Name Change. Suwannee American Cement and Lessee further represent and warrant to the Authority that Suwannee American Cement is a limited liability company duly authorized to transact business in the State of Florida.


    2. Lessee and Suwannee American Cement understand and agree that nothing in this Consent to Alteration of Agreements shall be deemed to waive or modify any of the provisions of the Agreements. This Consent to Alteration of Agreements shall not be deemed a consent by the Authority to any further alterations of the Agreements.


    3. Lessee certifies that (i) all rent and other sums due and payable under the Agreements as of the date of this Consent to Alteration of Agreements have been paid; (ii) Lessee is in possession of the Property and Lessee is the current holder of the leasehold estate created under the Agreements; and (iii) to the best knowledge of Lessee, there are no existing defaults or events of default under the Agreements and there are no existing events which with the giving of notice or the passage of time or both would constitute a default or event of default under the Agreements.


    4. The current rent under the Agreement is $2,500 per acre, per month together with any applicable Florida sales tax thereon.


    5. Subject to Section 1, Authority acknowledges and consents to the Name Change and shall accept Suwannee American Cement as the lessee under the Agreements, which shall remain in full force and effect in accordance with the terms of the Agreements after the consummation of the Name Change. After the Name Change, all notices to Suwannee American Cement shall be delivered to the following address in accordance with the Agreements:


Suwannee American Cement 4750 E C 470 PO Box 445

Sumterville, FL 33585


American Cement Suwannee American Cement

By: By: Printed: Printed: As its: As its:


The foregoing is approved by the Authority.


ATTEST: Angelina Colonneso Clerk of Circuit Court

MANATEE COUNTY PORT AUTHORITY


By: Printed:


Dated this 16th day of January, 2019.

By:

Vanessa Baugh Chairman AUTHORITY

Exhibit A


COMMENCING AT THE SOUTHEAST CORNER OF SECTION 1 TOWNSHIP 33 RANGE 17 MANATEE COUNTY, FLORIDA, ALSO BEING COORDINATE POINT 1136.56 SOUTH AND 3464.23 EAST OF THE PORT MANATEE COORDINATE SYSTEM; THENCE NORTH 1136.56 FEET AND WEST 2851.23 FEET TO THE POINT OF BEGINNING WHICH IS ALSO COORDINATE POINT 000.00 NORTH AND 613.0 EAST OF THE P ORT MANATEE COORDINATE SYSTEM THENCE NORTH 500 FEET, EAST 520 FEET, SOUTH 500 FEET, WEST 520 FEET TO POINT OF BEGINNING.

Schedule 1


  1. Amended and Restated Land Lease dated December 17, 2009.

  2. Amendment to Port Manatee Amended and Restated Land Lease dated November 15, 2012.

  3. Port Manatee Lease Rent Modification Agreement dated August 18, 2016.

  4. Landlord’s Waiver Agreement and Consent dated November 14, 2017.

  5. Port Manatee Lease Rent Modification Agreement dated February 15, 2018.

    January 16, 2019


    AGENDA ITEM 2.: MANATEE COUNTY PORT AUTHORITY 2019

    LEGISLATIVE PRIORITIES


    BACKGROUND:


    Presented for approval is the Manatee County Port Authority 2019 Legislative Priorities as outlined in the attachment.


    ATTACHMENT:


    Manatee County Port Authority 2019 Legislative Priorities


    COST AND FUNDING SOURCE: N/A


    CONSEQUENCES IF DEFERRED:


    Delay in approving the 2019 Port legislative and advocacy priorities


    LEGAL COUNSEL REVIEW: Yes


    RECOMMENDATION:


    Move to approve the Manatee County Port Authority 2019 Legislative Priorities.


    01084389-2

    Manatee County Port Authority 2019 Legislative Priorities


    State:


    • Advocate for an increase in appropriation for Port Security Grants from the prior year’s mark of $1,000,000 to $2,500,000 annually. This recognizes the need for all ports to upgrade their security networks and access control systems in light of cyber security threats and challenges. The current level does not support the needs expressed by ports statewide. The Florida Ports Council believes our efforts to request expansion of the state grant program is consistent with their efforts to increase the programs funding.


    • Advocate for funding in the amount of $250,000 from the General Fund for a study of storm water retention capacity and mitigation at off site locations. Future development of landside facilities will require additional ponding capacity that cannot be accommodated on port property without loss of developable areas on the port.


    • Advocate for funding in the amount of $1,200,000 from the General Fund to purchase mitigation credits from Manatee County in advance of project development for sea grass beds that would be removed for future expansion of existing or construction of additional berths to accommodate future business growth.


    • Advocate for continuation of full funding for the Florida Ports Council FSTED program in the amount of $25,000,000 to meet Florida seaports infrastructure needs.


      Federal:


    • Advocate to the Administration and to Congress to recommend full use of the Harbor Maintenance Tax collected from shippers for the sole purpose of federal navigation channel maintenance. The full tax collected should be

      included in subsequent years in the President’s budget request and in House and Senate Energy and Water Development Appropriation bills. Historically, only about half the taxes collected have been applied to the intended purpose. Remaining funds are held in a trust fund that helps offset the federal deficit at the expense of channel maintenance. This has a disproportionately negative impact on smaller ports.

    • Advocate for inclusion of funds in Energy and Water Development Appropriations bills and subsequent Administration Work Plan for the maintenance of Tampa Ship Channel and the Manatee Harbor Channel for Fiscal Years 2020 and 2021 in the amount requested by the Jacksonville District, Corps of Engineers.


    • Advocate for inclusion of Operation and Maintenance funding in the Energy and Water Development Appropriations bill and subsequent Administration Work Plan for the continuation of improvements to the Port Manatee Dredge Material Disposal Facility for Fiscal Years 2020 and 2021 in the amount requested by the Jacksonville District, Corps of Engineers.


    • Advocate to Congress to maintain USDHS Port Security Grant funding at the current $100 million level. The Homeland Security Reauthorization Act provides a maximum of $200 million annually for the port security grant program although funding has been limited to 100 million over the past few years. The Administration’s FY 2018 budget requested only $48 million in funding; a 52 percent reduction that would seriously set back efforts to maintain secure ports nationwide. FY 2019 is expected to be funded at that same level (DHS 2019 appropriations bill has not been passed by the Congress).


dbs/01102019 2

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www.mymanatee.org


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Port Manatee Intermodal Chambers 1905 Intermodal Circle, Palmetto 1:30 p.m. - January 16, 2019


JanuaryJanuaryJanuaryJanuary 16,16,16,16, 2019201920192019 SpecialSpecialSpecialSpecial MeetingMeetingMeetingMeeting

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January 16, 2019 - Special Meeting


BOARD OF COUNTY COMMISSIONERS


AGENDA

and

NOTICE OF PUBLIC MEETING


MEETING CALLED TO ORDER (Stephen R. Jonsson, Chairman)


AGENDA


Agenda Items


1. Piney Point Update by the Florida Department of Environmental Protection


CITIZEN COMMENTS (Agenda Items Only) ADJOURN

The Board of County Commissioners of Manatee County, Florida, does not discriminate upon the basis of any individual's disability status. This non-discrimination policy involves every aspect of the Board's functions including one's access to, participation in, employment with, or treatment in its programs or activities. Anyone requiring reasonable accommodation for this meeting as provided for in the Americans with Disabilities Act (ADA), should contact Kaycee Ellis at 742-5800; TDD ONLY 742-5802, wait 60 seconds; FAX 745-3790.


The Board of County Commissioners of Manatee County may elect not to convene if no business is scheduled; however, the Board reserves the right to take action on any matter during its meeting, including items not set forth within this agenda. The Chair, at his/her option, may take business out of order if he/she determines that such a change in the schedule will expedite the business of the governing body.


All public comment on quasi-judicial agenda items is required to be under oath and must occur at a duly noticed public hearing. The Citizens' Comments portion of the agenda is not an advertised public hearing, and no comments on quasi-judicial agenda items are authorized during the Citizens' Comments portion of the agenda.


PUBLIC NOTICE: According to Florida Statutes, Section 286.0105, any person desiring to appeal any decision made by the Board of County Commissioners (or the other entities that are meeting) with respect to any matter considered at said public hearing/meeting will need a record of the proceedings, and for such purposes may need to ensure that a verbatim record of the proceedings is made, which


includes the testimony and evidence upon which the appeal is to be based.

Port Manatee Intermodal Chambers 1905 Intermodal Circle, Palmetto 1:30 p.m. - January 16, 2019