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.
MANATEE COUNTY PORT AUTHORITY AGENDA March 21, 2019 – 9:00 a.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
Presentation – Capt. Jere White
Presentation - Mike Mies
Procedures for the Manatee County Port Authority Meetings and Role and Duties of Officers
Consent Agenda
SUPPLEMENTAL
Manatee County Port Authority 2019 Legislative Priorities- Revised
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
March 21, 2019
AGENDA ITEM 1.: PRESENTATION – CAPT. JERE WHITE
(Tampa).
Jere White (Captain), a US Merchant Marine Academy (Kings Point) graduate of 1972, has sailed on US flag petroleum tankships for approximately 11 years with the last several years as Master. His last command, in 1995, was a 90,000 DWT tanker sailing out of the Arabian Gulf for Kuwait Oil Tanker Company (KOTC). Capt. White, during his seagoing career sailed for AMO DII, Getty, Cities Service, Crest Tankers and Keystone Shipping. Capt. White has some 28 years of shore side employment as Operations Manager with companies such as Apex Oil (St. Louis), AHL Shipping (New Orleans) and OSG Ship Management
Presently, Capt. White is a Board member of the Tampa Bay Harbor Safety & Security Committee, Propeller Club of Tampa Bay and Port of Tampa Maritime Industries Association. He is also Chairman of the Vessel Movement Committee and President of the Tampa Bay Maritime Scholarship Fund. In addition, he is also a member of the Tampa Bay Spill Committee and the Greater Tampa Bay Marine Advisory Council-PORTS
Captain White retired in 2017 and continues to live in South Tampa.
March 21, 2019
AGENDA ITEM 2.: PRESENTATION – MIKE MIES
Mike Mies is the Chief Executive Officer of Nclear, Inc. Nclear is a producer of proprietary technology to remove excess nutrients (phosphorus and nitrogen) from wastewaters and other surface water bodies. The company was formed in 2012 to help address the global problem of eutrophication, toxic algae and red tides. Mr. Mies has a history of senior leadership and entrepreneurship across several industries and functions. Prior to Nclear, Mr. Mies was the President of
Mies Management Associates LLC, providing consulting services to growth companies. Previously, he was the Founder and CEO of a wireless broadband provider serving rural communities in Florida and Georgia. Mr Mies began his career with Federal-Mogul Corporation, a Fortune 100 manufacturer, where he ultimately built and ran a large pan-European distribution and logistics business. Mr. Mies also serves as the Vice Chair of the Society of St. Vincent de Paul, a Catholic charity organization providing person-to-person assistance to those in need. He is a graduate of the University of Michigan (B.A.- Economics), and earned his MBA at Wayne State University in Detroit.
March 21, 2019
AGENDA ITEM 3.: PROCEDURES FOR THE MANATEE COUNTY PORT AUTHORITY MEETINGS AND ROLES AND DUTIES OF OFFICERS
BACKGROUND:
On June 16, 2011, the Authority approved a draft of “Procedures for the Manatee County Port Authority Meetings and Roles and Duties of Officers”. The procedures were never formalized and consequently remained in draft form. The procedures have been updated to coordinate with the latest county procedures.
ATTACHMENTS:
Procedures for the Manatee County Port Authority Meetings and Role and Duties of Officers
COST AND FUNDING SOURCE:
NA
CONSEQUENCES IF DEFERRED:
NA
LEGAL COUNSEL REVIEW: Yes
RECOMMENDATION:
Move to adopt Procedures for the Manatee County Port Authority Meetings and Role and Duties of Officers.
PROCEDURES FOR THE MANATEE PORT AUTHORITY MEETINGS AND ROLE AND DUTIES OF OFFICERS
ADOPTED
TABLE OF CONTENTS
PREAMBLE AND STATEMENT OF INTENT 2
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PREAMBLE AND STATEMENT OF INTENT
Consistent with Florida Statutes, and other applicable law, the Manatee County Port Authority governing board (hereinafter the “Port Authority”) has adopted these rules (hereinafter, the “Port Authority’s Procedures”) to govern its meetings, hearings, and workshops and provide for the roles and duties of Port Authority officers. While encouraging appropriate public
participation and an informal and civil atmosphere, the Port Authority intends to retain the structure and decorum required for the orderly and professional conduct of its business.
These Port Authority Procedures shall govern the meetings, hearings, and workshops of the Manatee County Port Authority and provide for the role and duties of its officers.
MATTERS FOR AUTHORITY CONSIDERATION.
Any matters that relate to the Port Authority’s duties, authority, or powers under the Special Act creating the Manatee County Port Authority, Florida Statutes, or other applicable law or which relate to the operation of the Port, Port’s property, facilities, infrastructure, or legal or financial interests may be brought before the Port Authority for appropriate consideration or action.
The Port Authority may delegate its authority to perform action on behalf of the Manatee County Port Authority. In delegating its authority, the Port Authority shall provide sufficient guidelines and expression of its objectives to enable efficient performance of the matter for which the authority has been delegated. No delegation is given to any officer unless specifically expressed in the Port Authority’s Procedures or by majority action of the Port Authority.
Wherever the Port Authority’s Procedures delegate authority to the Executive Director, such authority or responsibility is understood to extend to his or her respective designee or designees.
The Port Authority shall annually elect as its officers a Chairman, First Vice Chairman, Second Vice Chairman and Third Vice Chairman. For convenience and in order to conserve public resources, election for officers of the Port Authority may be conducted at the same Manatee County Commission meeting where the Board of County Commissioners elects its officers, subject to ratification by the Port Authority at a public meeting. New officers’ terms shall begin at 12:01 a.m. on January 1st of the ensuing calendar year. Port Authority officers shall hold office until a successor is elected, unless removed from office by a majority vote of the Port Authority prior thereto, or unless the officer resigns from the office or the officer’s status as a Port Authority member ceases for any reason.
The Chair shall have the authority to assign honorary and administrative duties to other members of the Port Authority.
A quorum exists when a majority of the duly installed members of the Port Authority are present. Unless otherwise provided by law, a majority vote, where a quorum is present, constitutes action of the Port Authority. In the absence of the Chairman, the highest ranking Vice Chairman shall have all duties and authority of the Chairman until the arrival of a higher ranking officer. In the absence of the Chairman and all Vice Chairmen at the time scheduled for the opening of a public meeting or workshop, the first Port Authority member who notifies the Clerk of the Court their intention to preside over the meeting shall have all of the duties and authority of the Chairman until the arrival of a Port Authority officer. Nothing in this Section shall limit any procedure, rules, statutes, or other lawful authority governing the conduct of business in the event of a disaster or emergency.
A Port Authority member seeking to attend all, or any portion of a meeting via electronic means shall submit his or her request to the Chairman or ranking officer with as much advance notice as possible. The Chairman or ranking officer is authorized to consult with the Port Authority Attorney and Executive Director as needed and to grant or deny the request to appear electronically. If the Chairman or ranking officer grants the request, then the Executive Director shall ensure the chamber is appropriately equipped to permit any audio/video interaction needed.
The Chairman or ranking officer shall permit electronic attendance where the requesting Port Authority member is incapacitated due to illness or injury or hindered by circumstances from physically attending, but is otherwise able to concentrate and give his/her attention to the business of the Port Authority. No more than two Port Authority members may attend a meeting electronically at the same time.
For purposes of section 3.2, the term “appropriately equipped” shall mean the level of equipment allowing Port Authority members attending electronically to hear fellow Port Authority members and any person presenting at the microphone; allowing all other Port Authority members and all persons attending in the Chambers to hear Port Authority members attending electronically.
Upon the occurrence of a permanent vacancy or inability to serve in the position of Chairman, the following shall occur:
the First Vice Chairman shall automatically succeed to the Chairmanship for the remainder of the term of office thereof;
the Second Vice Chairman shall automatically succeed to the First Vice Chairmanship for the remainder of the term of office thereof;
the Third Vice Chairman shall automatically succeed to the Second Vice Chairmanship for the remainder of the term of office; and,
the Port Authority shall elect a new Third Vice Chairman, at the first regularly scheduled meeting at which the existence of the vacancy is known; provided, however, that, if necessary, the election of a new Third Vice Chairman may be deferred until the full Port Authority is present.
Upon occurrence of a permanent vacancy or inability to serve in a position of any Vice Chairman, the next highest ranking Vice Chairman shall automatically succeed to fill the vacancy for the term of office thereof, and the applicable procedures set forth above for filling a vacancy in office shall be followed as to the remaining officer positions.
APPOINTMENT OF MEMBERS TO OTHER BOARDS.
The Port Authority may appoint Port Authority members to sit on or serve as liaison to other regulatory or advisory committees or boards, as permitted by law. As soon as reasonably possible, such appointees shall report to the full Port Authority items of interest to Manatee County Port Authority in order that the Port Authority may take action, comment, or make a recommendation regarding such matters. Any such action, comment, or recommendation (or the lack thereof) shall be conveyed by the appointee to the other regulatory or advisory board or committee prior to its action on such item. If the appointed member (and alternate if one has been designated) cannot attend a meeting of a regulatory or advisory committee or board, the Chairman shall have the authority to appoint another Port Authority member (or staff person, if allowed by law or controlling procedures) as a substitute appointee for the meeting of the regulatory or advisory committee or board. An appointee shall timely report to the Port Authority on the relevant proceedings and
actions of the regulatory or advisory committee or board to which he or she is appointed.
The Port Authority shall hold the types of meetings set forth below:
The Port Authority shall adopt annually a Resolution that sets forth the Port Authority’s schedule of its meetings during the fiscal year and shall file such schedule with Manatee County. The schedule shall include the date, time, and location of each regularly scheduled meeting. The schedule may include special meetings and workshops. All regularly scheduled meetings shall ordinarily commence at 9:00 a.m. in the Port Authority Chambers at the Port. Additionally, the Port Authority may meet and take action at any Manatee County Board of County Commission meeting provided that such meeting is properly noticed as a Port Authority meeting. Any scheduled regular meeting may be commenced earlier or later, postponed or cancelled, or held in a different location upon recommendation of the Executive Director and consent of the Chairman.
Special meetings of the Port Authority may be called by the Chairman or by a majority of the Port Authority members present at a meeting of the Port Authority. Whenever a special meeting is called, written notice shall be given by the Executive Director to the Clerk, the Port Authority Attorney, and any persons entitled, as a matter of law, to written notice, and the press, stating the date, hour, and place of the meeting and the purpose(s) for which the meeting is called. Special meetings and workshops shall be publicly noticed as provided by applicable law.
Emergency meetings may be called by the highest ranking officer of the Port Authority available. An emergency meeting may be called only when the person calling the meeting believes that a situation exists that may involve serious consequences and that requires immediate consideration or action by the Port Authority. The annual budget shall not be considered at an emergency meeting. Whenever such emergency meeting is called, the Executive Director or, if he or she is unavailable, the person calling the meeting, shall make a diligent and good faith attempt to notify each Port Authority member, the Clerk, the Port Authority Attorney, any person entitled to notice as a matter of law, and the press stating the date, hour, and place of the meeting, the nature of the emergency, and the purpose(s) for which the meeting is being called. The notice shall be in writing if possible.
No other business shall be transacted at the meeting, and the minutes of each emergency meeting shall include the nature of the emergency and the record of notice. Any action taken by the Port Authority at an emergency meeting shall be ratified by the Port Authority at a subsequent regular meeting of the Port Authority.
The Port Authority may hold workshops from time to time for consideration of matters that are not ready for Port Authority action. Such workshops shall be publicly noticed as required by applicable law and may include the opportunity for comment by citizens. No formal action may be taken at workshops.
The Executive Director shall provide public notice of all meetings and workshops in accordance with applicable law.
The Port Authority Attorney and attorneys representing the Port Authority may meet in private session with the Port Authority and the Executive Director to discuss pending litigation to which the Port Authority is a party before a court or administrative agency so long as such meetings are noticed, held and reported, and the records thereof preserved and made available to the public upon conclusion of the litigation in compliance with Florida Statutes, §286.011(8) and any amendments thereto.
The Executive Director shall prepare the agendas and assemble the accompanying backup or background information for the Port Authority meetings. All agenda items shall state whether the item has been reviewed by the Port Authority Attorney. No item may be added to the agenda without the approval of the Executive Director, except as stated in sections
4.3.2 and 4.3.3.
The Port Authority Attorney will review matters as the Port Authority and/or the Executive Director deem appropriate and coordinate with the Executive Director on all legal matters. The Port Authority may add
supplemental items to the agenda whenever, in the discretion of the Port Authority Attorney, such items require member attention.
Any Port Authority member may have an item placed on an agenda at any time consistent with all applicable notice requirements.
Matters that do not require separate public notice may, with the consent of the majority of the Port Authority present, be considered and acted upon at any regular Port Authority meeting.
CONTINUANCE OF MEETINGS DUE TO EMERGENCY
Where necessary to continue a public meeting due to an emergency, the Clerk, the Executive Director, and the Port Authority Attorney are delegated authority to continue the meeting to a date certain or indefinitely. The continuance shall be announced at the time and place where the meeting was scheduled to begin and, where possible, shall be publicly announced prior thereto so as to provide reasonable public notice thereof.
For purposes of this rule, an “emergency” means an emergency as defined in Florida Statutes §252.34(3), as amended, or as declared by the Governor of Florida or by the Manatee County Board of County Commissioners or a natural or manmade disaster or threat thereof that in the reasonable judgment of the Chairman, the Executive Director or Law Enforcement renders the Port Authority’s meeting environment unduly dangerous to the Port Authority, staff or the public.
At the hour set for each meeting, members of the Port Authority, the Port Authority Attorney, the Executive Director, and the Clerk shall be seated and the business of the Port Authority shall be taken up in accordance with the agenda prepared for the meeting. The Chairman may take business out of order if he or she determines that such a change will expedite the business of the Port Authority or will otherwise be in the Port Authority’s best interest.
Questions Under Consideration.
When a motion is presented and seconded, it is under consideration and no other motion shall be received thereafter, except to amend, to adjourn, to lay on the table (i.e., to postpone indefinitely), to continue or defer to a date uncertain (i.e., to postpone until the occurrence of an independent event
which will definitely occur at an unknown time), or to continue or defer to a date certain until the question is decided. These types of motions shall have preference in the order in which they are mentioned and motions to adjourn or to lay on the table shall be decided without debate. Upon the request of the Port Authority Attorney, made prior to final action on any matter, that the matter be deferred or continued to a future Port Authority agenda, the Port Authority shall vote on whether to defer or continue the matter as requested.
The Chairman may second any motion; however, the Chairman must relinquish the Chair to make any motion. The Chairman shall not resume the Chair until the Port Authority has acted upon his or her motion.
Every Port Authority member desiring to speak for a purpose shall notify the presiding officer and, upon recognition, shall confine himself or herself to the question under debate. Provided, however, the Chairman may allow dialogue with each other to obtain information or clarification on an issue under discussion.
A Port Authority member, once recognized, shall not be interrupted when speaking, unless it is to call that Port Authority member to order or as herein otherwise provided. If a Port Authority member, while speaking, is called to order, or if a question of personal privilege is raised, the Port Authority member who had the floor shall cease speaking until the question of order or privilege is determined by the Chairman and, if in order, that Port Authority member shall thereafter be permitted to proceed. A ruling of the Chairman on a point of order can be overturned by a majority vote of the Port Authority members present. A question of privilege is defined as a pressing situation affecting a right or privilege of the Port Authority or an individual Port Authority member that warrants interruption of pending business. Examples are the need to deal with disruptive noise, inadequate ventilation, or introduction of a legally confidential subject in the presence of those not entitled to knowledge thereof.
A member of Port Authority staff who addresses the Port Authority shall first be identified for the record and shall utilize the speaker’s lectern or microphones made available so as to allow his or her comments to be recorded. Each other person who addresses the Port Authority shall speak from the speaker’s lectern, or when appropriate, use a portable microphone, and shall provide his or her name, whether he or she is a tenant at Port Manatee or resident of Manatee County and whether he or she speaks on behalf of others. Time restrictions on members of the public
addressing the Port Authority shall be as set forth below or otherwise established by the Chairman or the Port Authority and shall be kept by the Clerk.
Public Comments at Regular Meetings, Special Meetings, and Workshops.
Subject to Port Authority’s Procedures sections 5.4.1 through 5.4.3, the Port Authority shall allow individuals to address the Port Authority for three (3) minutes for non-agenda items generally or three (3) minutes per agenda item to bring to the Port Authority’s attention a matter that is appropriate for the Port Authority’s action under Port Authority’s Procedures Section 2.1. Extensions of time may be granted by the Chair, without objection, or by the Board. Comments in public hearing shall be allowed as set forth in section 5.5. A person who desires to address the Port Authority during Public Comment shall raise their hand during the public comment period and when called upon, indicate whether he or she speaks for others, whether he or she is a Port Manatee tenant or resident of Manatee County, and the topic about which he or she desires to address the Port Authority. If the subject of a person’s comments is on the agenda for that day, the person shall be heard when the Port Authority takes up the agenda item rather than during Public Comment. As to items not on the agenda, the Port Authority shall not ordinarily take action at the same meeting wherein an item is first raised, but may direct that the item be placed on a future agenda. This section 5.3.1 is not intended to create a general public forum for the discussion of any topic.
The Chairman or the highest ranking Vice Chairman present shall preside at the meetings and shall initially decide all procedural questions. The ruling of the Chairman on a procedural issue can only be overturned by a majority vote of the Port Authority members present.
All persons in attendance at a Port Authority meeting, hearing, or workshop shall conduct themselves in a civil manner and refrain from action that disrupts the meeting or hinders the Port Authority in performing its duties. To these ends such persons are prohibited from:
committing acts of violence toward any person;
making threats of violence or speaking “fighting words” that are likely to provoke violence;
disrupting the proceedings with excessive commotion or excessively loud shouting or other noise or use of obscene or crude language;
interfering with the rights of others to speak, hear, see, or attend the proceedings;
being unduly repetitious or presenting matters not relevant to the agenda item under consideration;
making personal attacks or insults against any person;
speaking on a subject about which the Port Authority has already taken a position or about which the Port Authority has voted not to receive further comment;
continuing to speak after the allotted time has expired or after having been ruled out of order; and
speaking on a subject that is clearly outside the purview of Section 2.1.
The Chairman shall rule out of order any person(s) violating these provisions for orderly meetings. In appropriate situations, e.g., if such person(s) refuse to cease such violations, the Chairman may have such person(s) removed from the meeting, hearing, or workshop by law enforcement personnel or take such other actions as may be reasonably necessary to enforce these requirements.
For purposes of the Port Authority’s Procedures, unless the context requires otherwise, the following terms have the definitions set forth or the usages explained below:
“Public Hearing” - refers to a hearing where the public is entitled to be heard on a matter pending before the Port Authority.
“Quasi-judicial Hearing” - refers to a type of public hearing in which the Board is required to assume a more adjudicatory role, as distinguished from a legislative role. In quasi-judicial hearings certain procedural requirements are imposed by law. An appeal to the Port Authority of an administrative determination; and such other hearings as may be required by law to be treated as quasi-judicial.
“Affected Persons” - means a party in a quasi-judicial hearing whose interest and involvement in a public hearing matter is
such that he or she would have legal standing under Florida Law as a party in court or administrative litigation challenging Board action in the matter.
“Applicant(s)” – means person(s) who has/have duly made formal application for Board action or approval in a quasi- judicial context of an item affecting their rights.
“Proponent(s)” – In a quasi-judicial setting, means person(s) other than an Applicant, who support an Applicant’s position; or, in other settings, means person(s) who favor an affirmative decision on a matter under consideration by the Port Authority.
“Opponent(s)” – In a quasi-judicial setting, means person(s) who oppose an Applicant’s position; or, in other settings means persons who oppose an affirmative decision on a matter under consideration by the Port Authority.
Public hearings shall ordinarily proceed in the following manner:
Initial Presentation by Staff. Staff shall make the initial presentation to the Port Authority regarding any item under consideration.
Public Comment. After presentation by staff, the Chairman shall open the public comment portion of the public hearing for the purpose of hearing persons who want to be heard on the item under consideration.
Closing of Public Comment. The Chairman shall close the public comment portion of the public hearing upon the conclusion of the comments of the last appropriate speaker or the expiration of the speaking times allowed under the procedures. Thereafter, unless time for public comment is extended or public comment is re-opened in accordance with these procedures, no additional public comments shall be allowed except in specific response to questions by staff or Port Authority members.
Staff Response and Summary. After public comment is closed, staff shall be allowed an opportunity to respond, to summarize, or to further explain staff’s position and to advise of changes in staff’s position, if any.
Inquiry, Clarification and Comments During Presentations. It is the intent of the Port Authority that its public hearings be orderly and to that end interruption of presentations is ordinarily to be avoided. It is also the intent of the Port Authority that a complete record of relevant facts be established and a complete understanding of the matters under consideration be obtained. Accordingly, the Chairman, at any time during a public hearing, may allow Port Authority members to comment or make inquiry of persons addressing the Port Authority, or of staff or other persons in attendance or may allow staff, the Executive Director or the Port Authority Attorney to comment or make such inquiries.
Conduct of Quasi-judicial Public Hearings.
Oath or Affirmation. Prior to addressing the Board at a quasi- judicial public hearing, each person who intends to address the Board shall declare, pursuant to oath or affirmation administered by the Clerk, or other duly authorized person, that the factual statements or representations that he or she will present shall be truthful and accurate. The form of oath or affirmation shall be substantially similar to that provided in “Attachment 1” hereto. Any person who knowingly makes a false statement or representation under oath or affirmation shall be subject to criminal and other sanctions as provided by law.
Introduction by Staff. Port Authority staff shall introduce the quasi-judicial matter to the Board so as to provide an overview of the matter, and identify issues for the Board's consideration.
Ex Parte Communications. Board members may enter into the record factual matters which are not already contained in the record, when such Board members have personal knowledge pertaining to the physical characteristics of a site, its surroundings, or other communications relevant to the matter being heard.
Applicant’s Presentation. The Applicant shall be allowed to make a presentation to the Board. The Applicant carries the burden of proof.
Staff’s Presentation. After the Applicant’s presentation, staff shall present the staff’s report and recommendation.
Public Comment. After presentation by the Applicant and staff, the Chairman shall open the public comment portion of the quasi-judicial hearing for the purpose of hearing persons who want to be heard on the item under consideration.
Closing of Public Comment. The Chairman shall close the public comment portion of the public hearing upon the conclusion of the comments of the last appropriate speaker or the expiration of the speaking times allowed under these procedures. Thereafter, unless time for public comment is extended or public comment is re-opened in accordance with these procedures, no additional public comments shall be allowed except in specific response to questions by staff or Port Authority members.
Staff Response and Summary. After public comment is closed, staff shall be allowed an opportunity to respond, to summarize, or further explain staff's position and to advise of changes in staff’s position, if any.
Applicant’s Rebuttal Presentation. After staff response, the
Applicant’s rebuttal shall be allowed in quasi-judicial matters. Rebuttal shall only address comments made in the previous presentations.
Factual Errors. Any person(s) who believe that the rebuttal presentation includes an error of fact may be allowed an opportunity to point out such error of fact. This relates to a demonstrable falsehood or misstatement of objective fact. It is not an opportunity to argue the merits of a proposal.
Port Authority and Staff Inquiry. After staff and Applicant(s), have made presentations as outlined above and the public comments portion of the hearing is closed, the Port Authority shall have a final opportunity to comment or ask questions of any Applicant, staff member or other persons who provided testimony. The Chairman may allow staff to respond to comments of an Applicant or Citizen at this time.
Inquiry, Clarification and Comments During Quasi-judicial Presentations. It is the intent of the Port Authority that its quasi- judicial public hearings be orderly and to that end interruption of presentations is ordinarily to be avoided. It is also the intent of the Port Authority that a complete record of relevant facts be established and a complete understanding of the matters under consideration be obtained. Accordingly, the Chairman, at any
time during a public hearing, may allow Port Authority members to comment or make inquiry of persons addressing the Port Authority, or of staff or other persons in attendance or may allow staff, the Executive Director or the Port Authority Attorney to comment or make such inquiries. In quasi-judicial hearings, affected parties may ask questions, through the Chairman, of the person(s) who make a presentation to the Port Authority. The Chairman may allow the affected parties' question(s) during the presentation or may require the question(s) to await the conclusion of the presentation, in accordance with the above stated intent of the Port Authority.
Time Periods for Public Hearing Matters.
The following time limits shall apply to presentations in public hearings:
an Applicant seeking a quasi-judicial review of a matter shall be entitled to a total of fifteen (15) minutes without interruption;
persons who have been authorized to represent an organization with five (5) or more members or a group of five (5) or more persons shall be entitled to speak ten (10) minutes without interruption;
all other persons shall be entitled to speak three (3) minutes each without interruption;
an Applicant’s rebuttal shall be limited to five (5) minutes, unless otherwise set by the Chairman; and
pointing out factual errors shall be limited to one (1) minute, unless otherwise set by the Chairman.
Registration of Speakers. Persons who desire to make presentations at a public hearing shall, prior to the time at which the item is to be heard, register with the designated staff on the forms provided, and shall provide such information as required to organize the agenda and order of presentation. Five (5) or more persons associated together as Proponents or Opponents of an item may be required to select a spokesperson.
Limit On Presentations. No person who has made a presentation for or against an item at a given meeting shall be allowed to make additional comments as of right except where due process requires it.
Authorization of Group Representatives. Before a person representing an organization or group speaks, that person shall state whom he or she represents and establish how he or she received authorization to speak on behalf of such organization or group of persons, which shall include written authorization, unless the Chairman waives this requirement. In quasi-judicial hearing matters, anyone representing an organization must present written evidence of their authority to speak on behalf of the organization in regard to the matter under consideration. The Board may make further inquiry into the representative authority of such person. Only one ten minute time allotment per hearing is allowed for each organization or group of persons represented at the hearing.
Interruption of Presentations. Notwithstanding any provisions herein, the Chairman of the Port Authority, the Executive Director, or the Port Authority Attorney may interrupt and request termination or other appropriate limitation of any presentation or discussion of matters that should not appropriately or legally be considered by the Port Authority under its Special Act, applicable Florida Statutes, decisions of Florida or federal courts, or other applicable legal authority, in deciding the item then under consideration.
Experts. A person purporting to offer expert testimony shall identify any educational, occupational, and other expertise that they possess that is relevant to their qualifications to speak regarding the matter under consideration. Any Port Authority member, the Executive Director, or the Port Authority Attorney may inquire further as to such expertise.
Additional Time For Presentations. The Port Authority or the Chairman, without objection, may allow more than the allotted time for presentations by an Applicant, Proponent, or an Opponent, or other speaker regarding an item, if the additional time is requested. In order to conserve time and facilitate an orderly meeting, preference shall be given to such requests when they are made in advance of the meeting to the Executive Director if more than a total of one-half (½) hour is requested by an Applicant, Proponent, or Opponent, the request must be submitted in writing not later than the day before the meeting at which the item is to be heard; provided, however, even in the absence of a timely request for additional time to make a presentation, the Chairman, without objection, or the Port Authority may grant such extension where, in its discretion, it is
necessary to do so because of the considerations of law, equity, or fairness.
Continued Public Hearings
GENERALLY. In any matter where it is known that a scheduled public hearing will be continued to a future date certain, the staff report may be postponed or abbreviated and public comment may be limited to those persons who state that they believe they cannot be available to speak on the date to which the public hearing is being continued. Such persons shall be allowed to make their comments at the then current meeting if there is a quorum; provided, however, that upon making their comments, such persons shall waive the right to repeat or make substantially the same presentation at any subsequent meeting on the same subject. This waiver shall not preclude such persons from making different presentations based on new information or from offering response to other persons’ presentations, if otherwise allowable, at any subsequent meeting.
REQUEST FOR A FULL MEMBERSHIP OF THE AUTHORITY. Not more than one continuance of a public hearing shall be granted on the grounds of a desire to obtain attendance by the entire membership of the Port Authority. Once a request to continue has been granted on those grounds, further continuances may be granted only for other grounds and where good cause is shown.
Termination of Presentations. At any Port Authority proceeding, the Chairman, unless overruled by a majority of the Port Authority members present, may restrict or terminate presentations which in the Chairman’s judgment are irrelevant, frivolous, unduly repetitive, out of order, or in violation of the Port Authority’s Procedures.
Written Comments. Applicant(s), Proponent(s) and Opponent(s) of any matter under consideration by the Port Authority shall be entitled to submit timely written comments for consideration by the Port Authority. Relevant and admissible written comments submitted shall be considered and entered into the record of the meeting. All written comments received by Port Authority members regarding a matter that is the subject of a quasi-judicial
public hearing shall be distributed to all Port Authority members, Executive Director, and Port Authority Attorney, and shall be made available for review by the Applicant and public, and entered into the record of the meeting.
Officials and Dignitaries. Notwithstanding other provisions hereof, the Chairman may allow any elected or appointed public official, or representative thereof, or other dignitary to appear and make presentations at any time with regard to matters under consideration.
Voting, Motions, and Reconsideration.
Voting. Unless otherwise provided by law, when the Port Authority has finished discussion and is ready to vote a question, the Chairman shall call for the vote. Upon request, the Clerk shall read back or restate a motion before a vote is taken. Each Port Authority member shall vote “aye” or “nay” or abstain from voting when legally required or allowed to do so. Immediately prior to, or after the vote, the Chairman may allow any Port Authority member to give a brief statement to explain his or her vote, which shall not be used to further argue in favor of or against the motion. A Port Authority member shall have the privilege of filing with the Clerk a written explanation of his or her vote which shall become part of the record of the proceeding. The vote upon any question shall be by voice vote unless any Port Authority member requests that a roll call vote or show of hands be taken. Provided, that when necessary for the purpose of accurately ascertaining the outcome of a vote or for compliance with legal requirements, the Clerk may require a roll call vote or show of hands.
Preparation or Modification of Motions. Prior to a vote on any matter, a Port Authority member may request that staff or the Port Authority Attorney prepare or modify the motion during a recess called for that purpose. Alternatively, if advisable in the Port Authority’s discretion, staff or the Port Authority Attorney may be instructed to prepare wording to be brought back to the Port Authority later for motion and vote at that meeting or a subsequent meeting of the Port Authority. The Port Authority or Executive Director may request that a motion and vote be delayed to allow preparation or revision of a motion, as provided hereunder.
Tie Votes. When the vote of the Port Authority is equally divided, the status quo ante shall be maintained. In such an
event, a person who sought a change in status quo shall be considered to have had the request denied and shall have available the same remedies or rights of review that one would have had if the request had been denied by a majority vote of the Port Authority, unless, at the same meeting, the Port Authority votes to approve it with conditions or stipulations attached, or to table, defer, or continue the matter in an attempt to obtain action by a majority vote.
Routine Reconsideration. When a question has been decided by the Port Authority, a Port Authority member voting on the prevailing side may move for reconsideration of the question at the same meeting or the next regular meeting of the Port Authority. If the question was decided by a tie vote, any Port Authority member may move for reconsideration of the question at the same meeting or at the next regular meeting of the Port Authority where a full Port Authority is present. In no event shall the motion to reconsider be made later than thirty (30) days after a vote on a quasi-judicial matter.
Reconsideration Due to Vote Based on Mistake. Upon a finding by a majority of the Port Authority at any time that there is reason to believe that a vote of the Port Authority within the previous one year was based upon material mistake of fact or erroneous information, the matter may be brought up for reconsideration. Upon a finding by a majority of the Port Authority at any time that the material mistake of fact or erroneous information was intentionally caused or allowed by the person or entity in whose favor the previous vote was cast, the vote may be rescinded and all rights, duties, or liabilities thereunder modified or rendered null and void ab initio. Prior to rescinding such a vote, the Port Authority shall, where necessary to insure due process of law, grant notice and opportunity to be heard to all persons who would be affected by such action.
Corrections of Clerical Errors. Any Port Authority member may move at any time for correction of clerical, typographical or scriveners errors inadvertently included in any matter previously passed by the Port Authority.
Effect of Approvals and Denials of Motions. When a matter is brought forward to a vote based on a motion to approve it or approve it with modifications, and such motion fails, the status quo ante shall be maintained and the matter shall be considered to have been denied. A denial shall not preclude a subsequent motion to approve with different modifications at the same
meeting. When a matter is brought to a vote based upon a motion to deny it, and said motion fails, the matter shall not be considered granted and shall be treated as if no action has been taken on the matter. Such a vote shall not preclude a subsequent motion at the same meeting to approve or approve with modifications.
Reconsideration of Item(s) on Consent Agenda or Presentations Upon Request Agenda. Where the Port Authority votes to reconsider one or more items that were previously approved on the consent agenda or presentations upon request agenda, the Port Authority may specify which item(s) shall be reconsidered and reconsider same without affecting the previous approval of the remaining items on the consent agenda or presentations upon request agenda.
Reconsideration to Resolve a Legal Dispute. The Port Authority may reconsider a prior decision, regardless of the time elapsed, when advised to do so by the Port Authority Attorney for the purpose of resolving a legal dispute arising from the decision.
Port Authority Election of Members of Advisory Committees and the Like.
When the Port Authority is electing members of advisory committees and the like, each Port Authority member shall have the same number of votes as there are positions to be filled, though each Port Authority member may only cast one vote per position.
The vote will proceed on nominees in the order they are nominated.
If fewer than all positions are elected after the first vote, or if there is a tie vote, there shall be a runoff between the persons tied for the highest number of votes. If one candidate has a plurality and others are tied with a lesser number of votes, there shall be runoff between the candidates who are tied to determine which of them shall be in a subsequent runoff with the plurality candidate.
Multiple ballots may be taken if necessary to attempt to break a deadlock. If the Port Authority is unable to break a deadlock, the advisory committee position will remain unfilled until such time as there is a vote by a full Port Authority or the deadlock is otherwise broken.
At the conclusion of business, the Chairman shall call for a motion to adjourn the meeting. Alternatively, the Chairman may inquire whether there is any further business to come before the Port Authority and if no one speaks, may adjourn the meeting.
AUTOMATICALLY INCLUDED IN THE RECORD OF DECISION OF THE AUTHORITY.
The following documents shall automatically be included in the record of the decision of the Port Authority:
all records of the Port Authority maintained by the Clerk of the Circuit Court; which include agenda packet, staff reports and all items placed in the record under 6.2;
the most recent copies of resumes previously filed with the Clerk of the Circuit Court of Port Authority staff and agents speaking on the matter that had been considered;
comments, documents and exhibits previously entered into the record at a prior Port Authority meeting on the particular matter or on file with the Clerk of the Circuit Court or Executive Director prior to the public hearing including written communications to the Port Authority members and staff, if any; and
memoranda from the Port Authority Attorney directed to Port Authority members or other Port Authority staff on that item.
ITEMS WHICH SHALL BE PLACED IN THE RECORD.
Any photographs, tapes, discs, or other recordings, documents, exhibits, diagrams, petitions, letters, or other materials presented to the Port Authority in support of, or in opposition to, an item to be considered by it shall be entered into the record. Where such items are in the form of handouts to be viewed by Port Authority members at a meeting, the presenter shall provide at least 12 copies. Additional copies may be required where necessary to meet public requests. The Port Authority may accept legally inadmissible items into the record for the purposes of preserving the record for appellate review, provided that Port Authority members shall not consider those items, or parts thereof, which are inadmissible in reaching their decision. In the event the Port Authority has any questions as to the admissibility of any item presented for placement into the record, the Port Authority may defer admission of the item pending an opinion from the Port Authority Attorney.
The Clerk of the Circuit Court shall be custodian of all of the documents entered into the record at any public hearing. Notwithstanding the foregoing, the Executive Director or his or her designee shall be the Port Authority’s Records Custodian and shall maintain all other Port Authority documents and shall maintain such documents as required under applicable law.
CORRECTION OF ERRORS IN THE RECORD.
In the event the Port Authority determines that there was an error, either of the Port Authority or an omission regarding the placement of an item into the record, any member of the Port Authority may move to correct such error and such act of correction shall be done upon a majority vote of the members of the Port Authority.
Unless an oversized exhibit is absolutely essential, documentary paper or photographic exhibits shall not exceed 11 inches by 17 inches and, if mounted on a backboard, shall be removable therefrom.
SUBSTITUTION OF COPIES OF EXHIBITS.
When a person submits an original document as an exhibit for the Port Authority’s consideration, the Port Authority or the Clerk, unless the Port Authority holds otherwise, may approve substitution of a copy or duplicate thereof after viewing the original and the copy or duplicate. The Clerk may then return the original to said person. Alternatively, the Clerk may, in the Clerk’s discretion, and at the expense of the person requesting the return of the original, make or arrange for the making of a copy of the exhibit after which the original may be returned to the person requesting it.
CONFLICTS; USE OF OTHER RULES.
In any instance where the procedures established herein violate or are in conflict with federal or state law, local law, or final and binding order of a court or administrative agency, or rights thereunder, the procedures established in the Port Authority’s Procedures will be inoperative to the extent of such conflict. If any portion hereof is finally held by a court of competent jurisdiction to be invalid, such portion is deemed severable from the remainder and, to the extent possible the remainder will be operative without the invalid portion.
In all cases not covered by these procedures, Robert’s Rules of Order, eleventh edition, shall be used as a general guide and may be followed by the Chairman, unless the Port Authority overrules the Chairman.
Upon adoption of the Port Authority’s Procedures and any amendment hereof, the Executive Director shall cause same to be published in a form suitable for distribution to the public. Copies shall be provided by the Executive Director to all persons who request them. Copies shall be available for review by the public at all meetings of the Port Authority.
ATTACHMENT 1
Do you swear, or affirm, that the factual statements and factual representations which you are about to give or present before or to this Port Authority during this public hearing will be truthful and accurate?
March 21, 2019
CONSENT AGENDA
Warrant List
Minutes February 26, 2019
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
02/19/2019 to 03/13/2019
AP | XXXXXXX | V019302 | ABBOTT, PAUL SCOTT | 1,031.25 |
AP | XXXXXXX | V024688 | ADS INC | 184.00 |
AP | XXXXXXX | V025267 | ALLEGRA PRINTING OF BRADENTON | 169.26 |
AP | XXXXXXX | V025267 | ALLEGRA PRINTING OF BRADENTON | 425.33 |
AP | XXXXXXX | V023321 | AMERICAN EXPRESS TRAVEL RELATE | 7.19 |
AP | XXXXXXX | V023321 | AMERICAN EXPRESS TRAVEL RELATE | 25.97 |
AP | XXXXXXX | V002036 | ANCHOR HOUSE | 2,500.00 |
AP | XXXXXXX | P000270 | APPICE, MATTHEW | 27.61 |
AP | XXXXXXX | P000270 | APPICE, MATTHEW | 894.34 |
AP | XXXXXXX | V005164 | APPLIED AQUATIC MANAGEMENT INC | 895.00 |
AP | XXXXXXX | V118009 | AT AND T | 64.16 |
AP | XXXXXXX | V013140 | AT AND T MOBILITY | 53.10 |
AP | XXXXXXX | V023501 | AT AND T TELECONFERENCE SERVIC | 42.61 |
AP | XXXXXXX | V008136 | ATLANTIC TRACK AND TURNOUT INC | 150.00 |
AP | XXXXXXX | V008136 | ATLANTIC TRACK AND TURNOUT INC | 714.00 |
WT | XXXXXXX | V019189 | BANK OF AMERICA | 10,529.79 |
AP | XXXXXXX | V002730 | BANK OF AMERICA | 645.05 |
AP | XXXXXXX | V004571 | BATTERY USA INC | 282.00 |
AP | XXXXXXX | V018877 | BRADENTON AREA ECONOMIC DEVELO | 5,000.00 |
AP | XXXXXXX | V173007 | BRADENTON FUEL OIL INC | 420.00 |
AP | XXXXXXX | V173024 | BRADENTON HERALD, THE | 42.12 |
AP | XXXXXXX | V021131 | BREAKBULK US OPCO INC | 4,385.00 |
AP | XXXXXXX | V007624 | BRIGHT HOUSE | 631.85 |
AP | XXXXXXX | P000278 | BUQUERAS, CARLOS | 85.78 |
AP | XXXXXXX | P000278 | BUQUERAS, CARLOS | 1,702.16 |
AP | XXXXXXX | V018138 | CALIBRATE USA | 111.20 |
AP | XXXXXXX | V202222 | CALLAGHAN ENTERPRISES INC, DAN | 707.22 |
AP | XXXXXXX | V024368 | CARR RIGGS AND INGRAM LLC | 3,601.00 |
AP | XXXXXXX | V220945 | CHEVRON USA CREDIT CARDS | 24.91 |
AP | XXXXXXX | V023756 | COPIERSOURCE INTERNATIONAL INC | 32.80 |
AP | XXXXXXX | V023756 | COPIERSOURCE INTERNATIONAL INC | 25.01 |
AP | XXXXXXX | V006291 | DEX IMAGING INC | 283.61 |
AP | XXXXXXX | V022096 | ENTECH | 814.00 |
AP | XXXXXXX | V022096 | ENTECH | 395.00 |
AP | XXXXXXX | V323190 | FASTENAL COMPANY | 46.10 |
AP | XXXXXXX | V324212 | FEDERAL EXPRESS CORPORATION | 6.54 |
AP | XXXXXXX | V334298 | FLORIDA MUNICIPAL INSURANCE TR | 698.00 |
AP | XXXXXXX | V334399 | FLORIDA NOTARY ASSOCIATION INC | 99.00 |
AP | XXXXXXX | V019619 | FLORIDA POWER AND LIGHT COMPAN | 83,512.24 |
AP | XXXXXXX | V019619 | FLORIDA POWER AND LIGHT COMPAN | 4,026.65 |
AP | XXXXXXX | V021937 | FRONTIER COMMUNICATIONS OF FLO | 2,240.07 |
AP | XXXXXXX | V021937 | FRONTIER COMMUNICATIONS OF FLO | 115.78 |
AP | XXXXXXX | V380791 | GOODYEAR AUTO SERVICE CENTER | 104.00 |
AP | XXXXXXX | V385628 | GRAINGER INC, W W | 221.60 |
AP | XXXXXXX | V385628 | GRAINGER INC, W W | 408.48 |
AP | XXXXXXX | V022245 | GUYS HAULING AND DUMPSTER SERV | 60.00 |
Manatee County Port Authority Warrant (Check) Listing
02/19/2019 to 03/13/2019
WT | XXXXXXX | V020386 | HANCOCK BANK | 37,503.23 |
AP | XXXXXXX | V023500 | HOME DEPOT CREDIT SERVICES | 604.24 |
AP | XXXXXXX | V023500 | HOME DEPOT CREDIT SERVICES | 385.74 |
AP | XXXXXXX | V017862 | ID WHOLESALER | 422.50 |
AP | XXXXXXX | V896015 | INTERISK CORPORATION | 2,512.50 |
AP | XXXXXXX | V004875 | J2 ARTS INC | 8,085.00 |
AP | XXXXXXX | V487310 | JEFFCOAT INC | 248.10 |
AP | XXXXXXX | V000060 | JH WILLIAMS OIL CO INC | 700.05 |
AP | XXXXXXX | V000060 | JH WILLIAMS OIL CO INC | 2,453.21 |
AP | XXXXXXX | V000060 | JH WILLIAMS OIL CO INC | 805.08 |
AP | XXXXXXX | V000060 | JH WILLIAMS OIL CO INC | 956.92 |
AP | XXXXXXX | V493800 | JOHNSON PRINTING | 77.82 |
ZP | XXXXXXX | L507891 | KEETONS OFFICE SUPPLY CO INC | 177.37 |
AP | XXXXXXX | V009066 | KOPPERS INC | 11,862.06 |
AP | XXXXXXX | V013723 | LOGISTEC USA INC | 14,000.00 |
AP | XXXXXXX | V022184 | LOUIS PRYOR SUPPLY INC | 383.03 |
AP | XXXXXXX | V004489 | LOWES HOME CENTER INC | 114.81 |
AP | XXXXXXX | V024291 | MACKAY COMMUNICATIONS INC | 127.25 |
AP | XXXXXXX | V625403 | MAINTENANCE TOO PAPER CO INC | 383.89 |
UT | XXXXXXX | V004140 | MANATEE COUNTY PUBLIC WORKS DE | 7,987.99 |
AP | XXXXXXX | V000259 | MANATEE SPORTS UNLIMITED | 3,613.42 |
AP | XXXXXXX | V000259 | MANATEE SPORTS UNLIMITED | 148.44 |
AP | XXXXXXX | V022877 | MCGUIRE ELECTRIC INC | 157.80 |
AP | XXXXXXX | V025109 | MORRIS, EDMOND R | 200.00 |
AP | XXXXXXX | V681645 | NATIONAL RAILWAY EQUIPMENT | 5,083.41 |
AP | XXXXXXX | V696537 | NORTHSIDE AUTO PARTS | 891.51 |
AP | XXXXXXX | V020673 | OREILLY AUTO PARTS | 19.99 |
AP | XXXXXXX | V706455 | ORKIN PEST CONTROL | 1,782.00 |
AP | XXXXXXX | V010854 | P & T FILTER SALES INC | 196.05 |
AP | XXXXXXX | V018512 | PCMG INC | 145.25 |
AP | XXXXXXX | V736427 | PITNEY BOWES CREDIT CORP | 175.98 |
AP | XXXXXXX | V021677 | PROPELLER CLUB OF THE UNITED S | 420.00 |
AP | XXXXXXX | V748180 | PUBLIX SUPER MARKET | 559.56 |
AP | XXXXXXX | V748180 | PUBLIX SUPER MARKET | 208.80 |
AP | XXXXXXX | P000289 | SANFORD, DAVID | 54.74 |
AP | XXXXXXX | P000213 | ST PIERRE, DAVID M | 122.75 |
WT | XXXXXXX | V874841 | STATE OF FLA DEPT OF REVENUE | 22,131.58 |
AP | XXXXXXX | V875019 | STATE OF FLORIDA | 794.79 |
AP | XXXXXXX | V025504 | SUN TOYOTA | 48,446.00 |
AP | XXXXXXX | V012113 | SUNBELT RENTALS INC | 2,089.67 |
AP | XXXXXXX | V906395 | TERRY SUPPLY COMPANY | 432.90 |
AP | XXXXXXX | V004721 | TWENTY FIRST CENTURY GROUP INC | 5,000.00 |
AP | XXXXXXX | V023435 | TWISTED METAL RECYCLING LLC | 260.00 |
AP | XXXXXXX | V006904 | UNITED REFRIGERATION INC | 304.42 |
AP | XXXXXXX | V006904 | UNITED REFRIGERATION INC | 275.68 |
AP | XXXXXXX | V009667 | VERIZON WIRELESS | 1,601.29 |
Manatee County Port Authority Warrant (Check) Listing
02/19/2019 to 03/13/2019
AP XXXXXXX | V016629 | VICS PERFORMANCE TRANSMISSION | 393.11 | |
Total warrants (checks) for period reported | 313,740.71 |
MANATEE COUNTY PORT AUTHORITY REGULAR MEETING
COUNTY ADMINISTRATIVE CENTER
1112 Manatee Avenue West Bradenton, Florida February 26, 2019
Meeting video link: https://www.youtube.com/channel/UCUlgjuGhS-qV966RU2Z7AtA
Present were:
Vanessa Baugh, Chairman
Priscilla Whisenant Trace, First Vice-Chairman Reggie Bellamy, Second Vice-Chairman
Betsy Benac, Third Vice-Chairman Stephen R. Jonsson
Misty Servia Carol Whitmore
Also present were:
David Sanford, Deputy Executive Director Jennifer R. Cowan, Port Authority Attorney
Vicki Ayles, Accounting Supervisor, Clerk of the Circuit Court
Vicki Tessmer, Board Records Supervisor, Clerk of the Circuit Court Robin Toth, Deputy Clerk, Clerk of the Circuit Court
Chairman Baugh called the meeting to order at 11:45 a.m.
AGENDA PA20190226DOC001
PUBLIC COMMENT
There being no public comment, Chairman Baugh closed public comment.
CONTRACT AWARD/INTERMODAL CONTAINER YARD/PAVEMENT IMPROVEMENTS
David Sanford, Deputy Executive Director, stated the Authority previously approved (12/20/18) 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 authorized negotiation of the contracts to be brought back to the Authority for approval.Item 1 is for engineering services for improvements to the Intermodal Cargo Yard and Port- wide road improvements. Stantec Consulting Services, Inc., has proposed a fee of $373,578, plus $40,000 contingency, for the engineering of the intermodal container yard expansion, and Terracon has proposed a fee of $330,212, plus $10,000 contingency, for engineering of Port-wide road improvements.
There being no public comment, Chairman Baugh closed public comment.
A motion was made by Member Trace, seconded by Member Benac and carried 7-0, to:
Approve and authorize the Chairman to execute Port Manatee Professional Engineering Services Contract Intermodal Cargo Yard Improvements between Manatee County Port Authority and Stantec Consulting Services, Inc., in the amount of $373,578, plus an additional $40,000 if approved by the Executive Director, for the engineering of the Intermodal Container Yard Expansion, subject to the review and approval of Florida Department of Transportation (FDOT); and
PA MB 18-19/1
FEBRUARY 26, 2019 (Continued)
Approve and authorize the Chairman to execute Port Manatee Professional Engineering Services Contract Pavement Improvements between the Manatee County Port Authority and Terracon, in the amount of $330,212, plus an additional $10,000 if approved by the Executive Director for the engineering of Pavement Improvements, subject to the review and approval of FDOT. PA20190226DOC002
CONSENT AGENDA PA20190226DOC003
A motion was made by Member Trace, seconded by Member Jonsson, and carried 7-0, to approve the Consent Agenda, incorporating the language as stated in the recommended motions on the cover sheets for the Consent Agenda.WARRANT LIST
Accepted the Warrant Listing from January 10, 2019, to February 18, 2019
PA20190226DOC004
MINUTES
Approved Minutes of January 16, 2019
BUDGET RESOLUTION
Adopted Budget Resolution PA-19-09, budgeting for the following capital improvements projects:
Railroad Upgrade – $90,898, funded 50 percent each by FDOT and Port;
Roadway Design – $60,000, funded 50 percent each by FDOT and Port;
Roadway Improvements – $4,000,000, funded 50 percent each by FDOT and Port;
Container Yard Expansion – $5,250,000, funded 50 percent each by FDOT and Port; and
Drop Trailer Lot – $65,000 Capital Improvement – permitting, engineering, surveying and geotechnical services PA20190226DOC005
ALTERATION OF AGREEMENTS/TENANT NAME CHANGE
Executed Consent to Alteration of Agreements between Manatee County Port Authority, American Cement Company LLC, and Suwannee American Cement Company LLC, acknowledging and consenting to the name change from American Cement Company LLC to Suwannee American Cement Company LLC PA20190226DOC006
AGREEMENT/RAILROAD UPGRADE AND REPLACEMENT
Adopted Resolution PA-19-10, authorizing execution of a Public Transportation Grant Agreement with FDOT, for railroad improvements (Total project $90,898; Port one-half contribution $45,449) PA20190226DOC007
AGREEMENT/ROADWAY REHABILITATION AND UPGRADE
Adopted Resolution PA-19-11, authorizing execution of a Public Transportation Grant Agreement with FDOT, for Port-wide roadway rehabilitation and upgrades (Total project
$4,000,000; Port one-half contribution $2,000,000) PA20190226DOC008
AGREEMENT/INTERMODAL CONTAINER YARD EXPANSION
Adopted Resolution PA-19-12, authorizing execution of a Public Transportation Grant Agreement with FDOT, for expansion of the intermodal container yard (Total project
$5,250,000; Port one-half contribution $2,625,000) PA20190226DOC009
DESIGNING OF LOADING DOCKS AT WAREHOUSE 2
Approved increase of $6,711 to RS&H, Inc.’s, purchase order for the fees associated with changing the format of the front-end specifications, subject to the review and approval of FDOT (total cost $158,642) PA20190226DOC010
(End Consent Agenda)
FEBRUARY 26, 2019 (Continued)
PORT AUTHORITY COMMENTS
Chairman BaughStated Keith Robbins, from FDOT, will be at the March Port meeting to report on the recent meeting in Tallahassee (2/21/19)
ADJOURN
There being no further business, Chairman Baugh adjourned the meeting at 11:48 a.m. Minutes Approved:
March 21, 2019
SUPPLEMENTAL
AGENDA ITEM 1.: 2019 LEGISLATIVE PRIORITIES-REVISED
BACKGROUND:
On January 16, 2019, the Authority approved the Manatee County Port Authority 2019 Legislative Priorities which have been updated to reflect revisions to certain federal priorities. Presented for approval is Manatee County Port Authority 2019 Legislative Priorities-Revised as outlined in the attachment.
ATTACHMENT:
Manatee County Port Authority 2019 Legislative Priorities-Revised
COST AND FUNDING SOURCE: N/A
CONSEQUENCES IF DEFERRED:
Delay in approving the revised 2019 Port legislative and advocacy priorities
LEGAL COUNSEL REVIEW: Yes
RECOMMENDATION:
Move to approve the Manatee County Port Authority 2019 Legislative Priorities-Revised.
Manatee County Port Authority 2019 Legislative Priorities-Revised
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 of
$3.378 million.
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).
Advocate to Congress and the Administration for the reimbursement of the federal share of costs incurred by the MCPA in the construction of the South Channel to be included in the Corps FY 2020 workplan. Reimbursement of costs for construction activities performed, not including the cost of disposal of dredged material (to be determined in future), is estimated at $5 million.
dbs/03192019 2