UPDATED Monday, May 24, 2021 at 11:40 a.m. – MANATEE COUNTY – County commissioners Kevin Van Ostenbridge and James Satcher will be reimbursed for the attorney fees and legal expenses they incurred as defendants in a Public Records Act lawsuit filed by paralegal Michael Barfield in December.
On May 11, the county commission voted 7-0 in favor of reimbursing Van Ostenbridge and Satcher up to $60,000. The commission approved the reimbursements without being provided with itemized attorney bills that supported the reimbursement requests.
Citing standard operating procedure, Clerk of the Court and Comptroller Angel Colonneso said the commission-approved reimbursements would not be paid until her office received and reviewed itemized invoices from Van Ostenbridge and Satcher’s attorneys.
According to the non-itemized attorney fee summaries County Attorney Bill Clague provided The Sun on May 12, Van Ostenbridge incurred $26,368 in attorney bills and $281 in additional legal costs for legal services provided by attorney Morgan Bentley and his office, for a total of $26,650. According to detailed invoices provided later by the Clerk of the Court’s Office, Van Ostenbridge received 97.2 hours of attorney services from Bentley’s office.
Van Ostenbridge incurred an additional $7,500 in expenses for legal services provided by attorney Sean Flynn and his office. According to the itemized invoice provided by the Clerk of the Circuit Court office, Van Ostenbridge received 22 hours of legal services from the Flynn Law firm. Van Ostenbridge’s attorney fees and legal expenses totaled $34,150.
According to the non-itemized invoice received from Clague, Satcher incurred $15,750 in attorney fees for 70 hours of service at $225 per hour. According to the itemized invoice later provided by the Clerk of the Court’s Office, Satcher’s total bill was $15,785.
Van Ostenbridge and Satcher’s combined attorney fees and legal costs totaled $49,935. The commission-approved reimbursement also included the $6,000 settlement payment Van Ostenbridge and Satcher agreed to pay Barfield to settle the lawsuit without an admission of liability regarding Public Records Act compliance. The settlement agreement with Barfield was executed in late April.
According to the invoices and settlement agreement, the total reimbursement sought is $55,935.
Commission Chair Vanessa Baugh is now the lone remaining defendant named in Barfield’s lawsuit he filed in December. On May 14, Barfield deposed Baugh under oath. An in-person court hearing before Judge Charles Sniffen is pending.
According to Barfield the purpose of the hearing is to seek a ruling from Sniffen as to whether Baugh fully complied with the Public Records Act and provided all the records he requested.
Commission discussion
During the May 11 commission discussion, Clague referenced a legal memorandum he included in the agenda packet.
“Florida law allows the county to pay the legal expenses incurred by commissioners in this case, subject to the board finding that the commissioners were performing their official duties for a public purpose,” the memo stated.
When addressing the commission, Clague said, “The purpose of the law is to prevent what the courts refer to as a ‘chilling effect’ on the performance of official duties by public officials, particularly elected officials. The idea is that if officials are afraid that they will be forced to pay legal expenses, personally, for doing their jobs, they will be afraid to do their jobs. People will not always agree with the decisions elected officials make and the law recognizes that the place to deal with that is the ballot box.”
Commissioner Carol Whitmore asked Clague if Van Ostenbridge and Satcher could recuse themselves from the vote if they wished to not give the appearance of personal gain or loss. Clague said they could, but they’d have to leave the room. Neither commissioner recused themselves, nor were they asked to.
Satcher said he was surprised when the lawsuit was filed and originally named him as the first and only defendant, with Baugh and Van Ostenbridge later named as co-defendants. Satcher said it was never his desire or intent to hold back any records Barfield requested.
Regarding the pending vote on the requested reimbursements, Satcher said, “People shouldn’t be bankrupted for being elected.”
Public input
County residents Matt Bower and Glen Gibellina expressed opposition to the reimbursement requests as presented, in part because the public had not yet been provided with copies of the attorney bills.
“This bill is excessive,” Bower said of the total reimbursements sought.
Bower said he and more than a dozen other county residents he communicated with were unhappy about the taxpayers being asked to pay the commissioners’ legal bills.
Gibellina said, “Any time there’s a settlement, it’s a red flag. We make deals to save time and money, but at the cost of transparency to the citizens.
Gibellina said the reimbursement request should have been delayed until the public was provided with copies of the attorney bills.
“If we’re paying the bill, we deserve to see what the bill is,” he said.
MANATEE COUNTY – The Manatee County Commission is scheduled Thursday morning to discuss its options in the event that a federal shutdown of the economy is ordered in response to the ongoing COVID-19 pandemic.
The special commission meeting is scheduled for 9:45 a.m. after the conclusion of the 9 a.m. Port Authority meeting.
Commissioner Kevin Van Ostenbridge, a Republican, requested the county attorney’s insight on the issue during Tuesday’s commission work session.
“It looks as if Joe Biden is likely to be our next president, and a lot of people that are likely to be in his administration are voicing the need for a federal shutdown of our economy. We went through that once already. When I was running for office, by far the number one issue was keeping the economy open,” Van Ostenbridge said.
To county staff, Van Ostenbridge said, “Could you put together a workshop or some kind of presentation for us so we as a county commission know what our options would be to defend and protect our local economy, our local businesses and our employees? What are our constitutional rights? What are the constitutional rights of our constituents and our business owners to keep our economy going?”
Chief Assistant County Attorney Bill Clague is being asked to research a possible county defense against a potential federal shutdown. – Joe Hendricks | Sun
In response, Chief Assistant County Attorney Bill Clague said, “We can look into that if that is the prerogative of the board. There is a commerce clause in the Constitution that has been used by the federal government.”
“Freedom of religion comes into play as well,” Van Ostenbridge said.
“I do understand the First Amendment issues,” Clague said.
Open to the public and public input, the special commission meeting will take place at the Bradenton Area Convention Center, One Haben Boulevard in Palmetto. Attendees must adhere to CDC social distancing guidelines and wear face coverings.
The special meeting will be livestreamed at the county website and on TV on Spectrum channel 644, Verizon channel 30 and Comcast channel 20.
The public can participate by phone and offer comments by dialing 1-888-788-0099 or 1-312-626-6799 and then entering the meeting ID, 822 2829 2685, followed by the # sign.
MANATEE COUNTY – Manatee County commissioners are expected to vote on whether to mandate face coverings countywide on Monday, July 27.
Monday’s meeting will take place at the Bradenton Area Convention Center in Palmetto at 1:30 p.m. The meeting will be streamed live and broadcast on Spectrum channel 644.
On Wednesday, July 22, county commissioners voted 4-3 to direct the county attorney’s office to draft, schedule and advertise the necessary resolutions and ordinances to put in place a mask mandate as soon as possible.
That motion was made by Commissioner Misty Servia and supported by commissioners Reggie Bellamy, Betsy Benac and Carol Whitmore. Commissioners Vanessa Baugh, Steve Jonsson and Priscilla Trace opposed Servia’s motion.
A small group of protestors greeted county commissioners Wednesday morning. – Submitted
County face-covering resolution
On Friday, the proposed face-covering resolution, R-20-116, was posted on the county website.
If adopted by the commission majority on Monday, the face-covering resolution would serve as a short-term measure while the more formal and time-consuming ordinance adoption process is completed.
Legal notice of a prospective mask ordinance was scheduled to appear in a local daily newspaper on Sunday. As of Saturday, a public hearing for the adoption of a face-covering ordinance had not yet been scheduled.
Resolution R-20-116 notes, “It is in the best interest of the county, and furthers the public health, safety and welfare of the county, to require the wearing of face coverings and the displaying of signs in business establishments to reduce the spread of COVID-19.”
According to Section 3 of the proposed resolution, “An individual in a business establishment must wear a face covering while in that business establishment. The requirement in this section does not apply to:
“Situations in which individuals maintain 6 feet or more of distance between persons. This exception does not apply to employees who are present in the kitchen or other food and beverage preparation area of a business establishment. Nor does it apply to employees serving food or beverages.
A child under the age of 6.
Persons who have trouble breathing due to a chronic pre-existing condition or individuals with a documented or demonstrable medical problem. It is the intent of this exception that those individuals who cannot tolerate a facial covering for a medical, sensory or any other condition which makes it difficult for them to utilize a face covering and function in public are not required to wear one.
“Public safety, fire, and other life safety and health care personnel, as their personal protective equipment requirements will be governed by their respective agencies.
“Restaurant and bar patrons while eating or drinking. It is the intent of this exception that a face covering will be worn while traversing a business establishment for ingress and egress, to use the facilities, and while otherwise standing when persons are unable to maintain at least 6 feet of distancing.
“An individual in a lodging establishment who is inside of the lodging unit, including, but not limited to, a hotel room, motel room, vacation rental unit, timeshare unit, or similar unit.”
The resolution notes, “Every business establishment shall display conspicuous signage notifying all persons of the requirement to wear a face covering.”
Definitions
The resolution defines face coverings as “A material that covers the nose and mouth and that fits snugly against the sides of the face so there are no gaps. It can be made of a variety of materials, such as cotton, silk or linen. Coverings with materials made of multiple layers are highly encouraged. A cloth face covering may be factory-made or sewn by hand or the cloth face covering can be improvised from household items.”
The resolution states the term “business establishment” includes transportation companies such as Uber and Lyft and it also applies to mass transit, taxis, limousines, rental cars and other passenger vehicles for hire.
“The term ‘business establishment’ includes locations where non-profit, governmental and quasi-governmental entities facilitate public interactions and conduct business. The term ‘business establishment’ also includes places of worship,” the resolution says.
Enforcement and applicability
Section 4 of the county resolution says a violation of the emergency resolution is a noncriminal infraction and does not authorize the search or arrest of an individual. Prior to the issuance of a citation, the individual will be asked to comply with the emergency resolution or explain how an exception applies to them. The fine is $50 for a first offense, $125 for a second offense and $250 for every subsequent offense.
The ordinance would apply in cities within the county that do not have a mask ordinance, such as Bradenton Beach: “This emergency resolution shall apply countywide within both unincorporated and incorporated areas, provided that any municipal resolution or ordinance addressing the issue of face coverings – either more restrictively or less restrictively – shall supersede this emergency resolution within the applicable incorporated area,” the resolution states.
On Anna Maria Island, the cities of Anna Maria and Holmes Beach already have emergency mask ordinances in place. The city of Bradenton Beach recommends masks but does not have a formal mask/face covering resolution, order or ordinance in place.
“This emergency resolution shall take effect immediately upon its adoption. This emergency resolution shall remain in full force and effect for so long as the local state of emergency for the COVID-19 pandemic remains in effect,” the resolution states.
Commission discussion
The county commission’s 4-3 request for a mask resolution and ordinance occurred during the discussion of ongoing issues relative to the COVID-19 emergency as the final agenda item for the commission’s Wednesday, July 22 land use meeting.
Chief Assistant County Attorney Bill Clague told commissioners if they wished to pursue a countywide mask mandate, he recommended it be based on the Leon County emergency mask ordinance that recently withstood a court challenge.
Leon County includes Tallahassee, where the state capital is located.
“From a legal standpoint, the best way to do this is by ordinance. The Leon example was an ordinance. Ordinances have the force of law in a way that resolutions and orders often do not. It carries with it greater weight with the courts as a legal requirement that everyone has to follow. If you decide to do this, the best model to use is the Leon model,” Clague said.
Before making her motion for a mask mandate, Commissioner Servia referenced the COVID-19 update Manatee County Public Safety Director Jake Sauer had provided a few minutes earlier.
“We heard from Jake that deaths are up 15% in the last 30 days. We heard that hospitalizations are up 159 in the last 30 days. The daily positive rate is over 10%. Hospitals are at near capacity, or at capacity, and the outlook for those hospitals doesn’t look to be improving,” Servia said.
“Today, as we sit here and talk, my stepdad is at Manatee Memorial Hospital dying in the COVID unit,” Servia said.
“We on the board all have a friend who is on a ventilator and in critical condition because of COVID,” she added.
“I don’t like to wear a mask, but I do it to keep people safe, and I do it to try and keep our businesses open. I really worry about our businesses,” Servia said, expressing similar concerns about restaurants.
In response to a question and suggestion from Commissioner Bellamy, Clague said the commission could first adopt a mask resolution and later adopt a mask ordinance.
Commissioner Whitmore mentioned a letter the commissioners received from the Manatee County Medical Society which was signed by more than 100 local physicians seeking a countywide mask mandate.
In reference to an ordinance requiring 10 days’ notice, Whitmore said she just received a text from one doctor that said, “10 days is more deaths.”
Commissioner Trace suggested Sheriff Rick Wells attend Monday’s meeting and provide his input. When a mask mandate was previously discussed in late June, it was noted Wells opposed a mask mandate and did not think it was enforceable.
“We need to recognize it’s up to law enforcement how aggressively they want to enforce something like this. Typically they build in some time for people to come into compliance,” Clague noted.
Commissioner Steve Jonsson was the only commissioner who participated in Wednesday’s meeting remotely rather than in person.
Chief Assistant County Attorney Bill Clague provided his legal insight on the commission’s pursuit of a mask mandate. – Joe Hendricks | Sun
“The businesses have to help us, and I think it’s their responsibility as private entrepreneurs. I don’t think it’s the government’s responsibility to dictate what we should be doing to prevent people from doing stupid things. I don’t personally believe that a face mask is 100% protective. You’ve got to do a lot more than just a face mask,” Jonsson said.
In response, Commissioner Benac said, “Steve, everything you’re saying about personal decisions makes so much sense, but we have to deal in reality. I think we have to take leadership. Why? Because I’ve heard from my constituency. The vast majority of people want us to do something. I don’t think anything the government is going to do is going to propel people who think it’s their right to not wear a mask to wear a mask. But I think the government is supposed to provide leadership. That is our job.”
During Wednesday’s meeting, several people spoke in favor of and in opposition to a countywide mask mandate.
Public support
David Klement, a 45-year county resident, spoke first.
“To Commissioner Jonsson, who said it’s not our role to prevent people from doing stupid things, I would say it is exactly your role. Preventing stupid people from doing stupid things saves my life. Why do you have a speed ordinance in a school zone? Why do we have a seat belt law? People of my generation are 80% more likely to have complications and die from one exposure. That is why we need an ordinance,” he said.
Bradenton resident and retired nurse Linda Crepeau said she was recently afraid to enter a local UPS store to return a package because there were six people, including the clerk, inside that limited space who were not wearing masks.
“I could not go safely into the store. There was no way for me to socially distance. I’m depending upon our government to stand up and require mandatory masks for all businesses in Manatee County,” Crepeau said.
Recently retired school nurse Mary Ann Jensen said, “On Saturday and Sunday when we’re all at home, your health care professionals will be in the hospitals watching people die, many of them alone. And all they’re asking for is your support. Please give us an ordinance because it does help.”
Impact on elections
Manatee County Supervisor of Elections Mike Bennett pleaded with the commission to enact a mask mandate before the county election in August – to be followed by the general election in November.
Manatee County Supervisor of Elections Mike Bennett said he needs a countywide mask mandate before the August elections. – Joe Hendricks | Sun
“I cannot stop somebody from coming into my office and saying, ‘No, I’m coming in without a mask.’ What am I going to do? Am I going to suppress the vote? I’m not. I’m going to say the Manatee County commissioners decided they were going to suppress the vote because they weren’t going to pass an ordinance that would allow me to keep my people safe,” Bennett said.
Bennett said he’s already reduced the number of voting precincts for the August elections from 70 to 60 and he’s prepared to go to 55 if needed.
“We’re having such a hard time getting clerks and poll workers for the elections. Yesterday, I closed the precinct at Freedom Village – all senior citizens, the smallest one we’ve got – because I don’t have a clerk. I need your help. I need that ordinance,” Bennett said.
He cautioned that the absence of a mask mandate could lead to the lowest voter turnout Manatee County has ever experienced.
“I have lost close to 50% of the clerks for the elections in Manatee County who are refusing to come because Manatee County doesn’t have an ordinance to make it safe for them. If you want a good election, let’s not suppress the vote. Give me all the help I need,” Bennett said.
Public opposition
When expressing her opposition to a mask mandate, Bradenton resident Andra Griffin questioned why all 403,553 residents of Manatee County – according to the 2019 census – would be forced to adhere to mask guidelines when less than 2% percent of the county’s population has tested positive for COVID-19.
Bradenton resident Andra Griffin opposes a countywide mask mandate. – Joe Hendricks | Sun
Griffin also referenced a warning label that appears on a box of disposable face masks and said, “It clearly states these masks do not prevent COVID-19.”
Mixon Fruit Farms owner Janet Mixon said she and her staff use UV wands to sanitize the fruit farm’s indoor public spaces, but masks are not required.
“We don’t make it mandatory. Some of our people wear masks. Some of the people coming in wear masks. At some point, we all have to make our own decision. We have to decide what keeps us safe,” Mixon said, noting that wearing a mask for a long time gives her a headache.
“Let us make our own decisions. If you start doing stuff like this, we just don’t know when it’s going to end,” she added.
County Commission candidate James Satcher said, “This is a solution looking for a problem. The free market and businesses are already making their rules. I may not like their rule, but I don’t argue that they have the right and the ability to do that. I can take my business elsewhere. Government’s different. We have a responsibility to uphold personal freedoms and the Constitution and that’s why we should not pass this ordinance.”
Additional commission comments
After public comment, Servia said, “Masks are not the silver bullet. Please don’t think that I think that those masks are going to make this virus go away. It’s not. We need to socially distance, we need to hand wash, we need to avoid large crowds. It is another tool, a simple thing that’s going to help keep this community safe.”
Commissioner Vanessa Baugh recommends mask wearing but does not feel the county commission should make it mandatory. – Joe Hendricks | Sun
Commissioner Baugh said, “I don’t think that’s what we need to be doing as a government entity. America is a free country. We have the right to make our own decisions and to stand by them. We have personal responsibility that does comes into play. I wear a mask. My husband wears a mask. I recommend it highly – and I think the key word is ‘recommend.’ ”
MANATEE COUNTY – On Friday afternoon, Manatee County commissioners voted to enact a temporary countywide curfew that took effect at 11 p.m. Friday night and remains in effect until further notice.
The countywide curfew prohibits non-essential travel – travel that is not for food, medicine, essential supplies or employment – between 11 p.m. and 5 a.m. seven days a week.
The commission majority approved the curfew as an additional measure to prevent the spread of the coronavirus (COVID-19).
Commissioners Betsy Benac, Reggie Bellamy, Misty Servia, Priscilla Trace and Carol Whitmore supported the curfew.
Commissioners Vanessa Baugh and Steve Jonsson and opposed the curfew. Baugh and Jonsson said they did not think the curfew was necessary. They felt Gov. Ron DeSantis’ Executive Order 20-91 – which took effect Friday morning and pertained to essential and non-essential businesses and services – provided law enforcement with all the enforcement powers they needed.
Manatee County Sheriff Rick Wells and Manatee County Public Safety Director Jake Saur requested the curfew. Mayors and local law enforcement agencies throughout Manatee County also requested the curfew during a previous emergency operations policy group meeting.
What it means
The curfew prohibits non-essential travel – travel that is not for food, medicine, essential supplies and employment – between 11 p.m. and 5 a.m. seven days a week.
The curfew was enacted by the commission majority’s adoption of Manatee County Resolution R-20-053.
According to the resolution, “A curfew is hereby established, effective immediately, for all of Manatee County. All pedestrian and vehicular movement, standing and parking, except for:
(a) persons commuting to and from places of employment;
(b) the provision of fire, police, emergency and hospital services;
(c) the transport of medical patients;
(d) utility work;
(e) state and local government employees and officials providing services;
(f) emergency calls by physicians;
(g) food delivery services;
(h) and walking of domestic animals are allowed during curfew hours.”
According to the county resolution, “Social gatherings of 10 or more people that do not constitute essential services or essential activities as those terms are defined in the Governor’s Executive Order 20-91 are prohibited.”
According to the county resolution, “The prohibitions set forth herein shall embrace all publicly owned property, all public spaces and all privately owned property (excepting the interior space of residences) within Manatee County, including all municipalities within the county, excepting the Town of Longboat Key.
According to the resolution, “The restrictions set forth herein shall remain in place until such time as terminated by the Board of County Commissioners or seven days from the effective date of this resolution, whichever is sooner.
“Notwithstanding, the foregoing, the chairperson (or in her absence, any vice-chairperson) of the Board of County Commissioners, after consultation with the Director of Public Safety (or in his absence, the Emergency Management Officer) is empowered to extend the period of the prohibitions declared herein, in seven-day increments, by memorandum,” the resolution says.
County Commission Chairperson Betsy Benac led the discussion and decision making on the proposed curfew. – Joe Hendricks | Sun
“Any person violating any provision of this Emergency Resolution is guilty of a misdemeanor of the second degree, punishable as provided in Section 252.50, Florida Statutes,” according to the resolution.
Enforcement powers
Late Friday afternoon, Manatee County issued a press release pertaining to curfew.
“Under the supplemental local emergency resolution, Manatee Sheriff’s Office and municipal police department officers now have the ability to issue citations to anyone not in compliance with the Governor’s Executive Order 20-91 & 20-92,” according to the press release.
“Law enforcement will now also have the ability to cite outside group gatherings on private property. Under Florida Statute 252.50, those who violate the State Emergency Management Act are guilty of a second-degree misdemeanor and can be served a notice to appear order,” according to the press release.
During Friday’s meeting, Wells and Saur told the commission the curfew would protect law enforcement officers and first responders who face a critical stretch in April as COVID-19 cases are expected to climb steadily in Manatee County and throughout the state of Florida.
The press release notes the curfew also gives law enforcement agencies the ability to enforce group gathering restrictions on private property, in conjunction with Governor DeSantis’ Executive Order 20-91 & Executive Order 20-92.
Curfew request explained
“We’re at a pivotal point to make a difference and to flatten the curve,” Saur said. “I do believe with a curfew, the public should know they shouldn’t be out on the roadways. The curfew is a time when you should be at home.”
Saur said several EMS staff have already needed to be quarantined because of accidental exposure to COVID-19. He voiced concern that as the virus continues to spread, law enforcement officers and other first responders will become depleted by sickness or quarantine. For that reason, he said additional local restrictions are needed now.
“We are receiving an average of 100 COVID-19 calls a day. Each coronavirus call takes two hours to complete. At night and on weekends, other medical emergencies still occur, like trauma, people having accidents. That still occurs every day and every night,” Saur told the commission.
The county’s press release notes the commissioners were leery of infringing on personal freedoms, but ultimately voted 5-2 to approve the resolution in an effort to prevent the spread of the coronavirus and to protect first responders.
“I want to make sure everyone’s civil liberties are protected but we could argue that COVID-19 has already led to some restraints on our civil liberties when you think about the travel ban and the quarantine,” Commissioner Misty Servia said.
“The public should realize we take this very seriously but we’re doing the best we can in extremely bad times,” Commissioner Priscilla Trace said.
“Before today’s action, local COVID-19 restrictions were only enforceable on public property such as public beaches and public boat ramps. County and city officials say the public has largely heeded those restrictions, but group gatherings at private residences – such as vacation rental homes, recreation centers and event halls – continue to pose a public health risk,” the press release said.
State-mandated boat ramp and marina restrictions
During Friday’s meeting, Assistant County Attorney Bill Clague also addressed the impact DeSantis’ essential services order, Executive Order 20-91, now has on Florida’s boat ramps and marinas.
Assistant County Attorney Bill Clague explained the impact Governor Ron DeSantis’ essential businesses and services order has on boat ramps and marinas. – Joe Hendricks | Sun
“It’s very difficult to understand how it works because the governor’s order is challenging. There’s Miami-Dade (County) orders attached to it and those orders reference other orders that are not attached to it. Right now, the governor’s order does require privately run boat ramps and marinas to be closed, with the exception for commercially licensed saltwater fishermen. That wasn’t the case until this order was issued, but now they are closed, along with the public boat ramps. It’s very hard to find, you have to dig for it to understand what’s going on,” Clague told the commission.
The governor’s executive order does not prohibit boating or fishing, nor does the county curfew.
City Administrator Cheri Coryea said the two county-owned golf courses would remain open and private golf courses can also remain open. But it was noted that golf course clubhouses and country clubs are not allowed to sell alcohol for consumption on-premises and their restaurants and kitchens are limited to takeout and delivery food service only, as our all Florida restaurants at this time.
Friday’s county commission meeting can be viewed on demand on the county’s YouTube channel.
