www.mymanatee.org
Manatee County Government Administrative Center First Floor, Commission Chambers 9:00 a.m. - January 23, 2018
REVISED January 23, 2018 - Regular Meeting
Agenda Item #12


Subject
Manatee County v. BB Bayfront, City of Bradenton Beach, et al., Case No. 2017 CA 3705

Briefings
None

Contact and/or Presenter Information
Geoffrey K. Nichols, Esq.
Assistant County Attorney
Ext. 3741


Action Requested

Approve and Execute Agreement to Extend Time Requirements for Governmental Conflict Resolution Procedures in the matter of Manatee County v. BB Bayfront, City of Bradenton Beach, et al., Case No. 2017 CA 3705.



Enabling/Regulating Authority
Section 164.1061, Florida Statutes.

Background Discussion

The underlying litigation stems from applications for building permits for pools and pool decks proposed to be constructed on properties located at 112, 114 and 116 South 11th Street, Bradenton Beach, over a wastewater (sewer) line operated and maintained by the County within the City of Bradenton Beach (the City). 

The wastewater line is a gravity main line that was constructed within a public right-of-way, known as Bay Shore Drive. The County operates and maintains the wastewater system within the corporate limits of the City pursuant to a franchise agreement first entered into in May, 1971.  Pursuant to the franchise agreement, the City granted the County the right to use the City’s public rights-of-way to construct, install, operate, and maintain wastewater lines and related facilities.  In 2001, the City adopted a resolution purportedly to vacate the Bay Shore Drive right-of-way, which contemplated, but failed to, reserve for itself or the County easements necessary for the existing wastewater line.

Due to concern that construction near the wastewater line could damage the line and cause an interruption to service to hundreds of properties and potentially cause environmental damage, the County initiated a lawsuit on August 18, 2017 seeking a declaration as to the validity of the City’s purported vacation of the right-of-way.  On or about November 10, 2017, the City initiated the governmental conflict resolution procedures set forth in Chapter 164, Florida Statutes (F.S.).

In accordance with the procedures, the County and the City held two conflict assessment meetings on December 22, 2017 and January 10, 2018, to identify a resolution to this matter.  The conflict assessment meetings concluded on January 10, 2018 without an agreement for a tentative resolution.  The City, as the governmental entity initiating the process, is required to schedule a joint public meeting between the two conflicting governmental entities in accordance with Section 164.1055, F.S.  In the interim, the City has proposed a written agreement to extend the time requirements set forth in Chapter 164, F.S.  The parties tentatively agreed to such an agreement for an extension of time during the first conflict assessment meeting.



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney item.

Reviewing Attorney
Palmer

Instructions to Board Records

E-mail an approved copy of this agenda item to:

Geoffrey Nichols, Assistant County Attorney
geoffrey.nichols@mymanatee.org

Diane M. Hajek, Legal Assistant, Manatee County Attorney's Office diane.hajek@mymanatee.org

Ed Hunzeker, County Administrator
ed.hunzeker@mymanatee.org



Cost and Funds Source Account Number and Name
n/a

Amount and Frequency of Recurring Costs
n/a


Attachment:  Agreement to Extend Time Requirements.pdf
Attachment:  Section 164.1061, Florida Statutes.pdf