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Van Ostenbridge proposes terminating county administrator

Van Ostenbridge proposes terminating county administrator

Updated Nov. 23, 2020 – BRADENTON – Newly-elected District 3 Commissioner Kevin Van Ostenbridge initiated an effort on Thursday to terminate County Administrator Cheri Coryea.

The Manatee County Commission is scheduled on Wednesday, Jan. 6 to debate and vote on the potential termination of Coryea, who has been on the county’s staff for more than 30 years.

As newly-elected commissioners, Van Ostenbridge, James Satcher and George Kruse were sworn in on Tuesday. They participated in a work session that day which resulted in Van Ostenbridge requesting a special commission meeting on Thursday to discuss the county’s legal rights in the event of a federally-ordered economic shutdown.

Terminating the county administrator was not an item on Thursday’s special meeting agenda, so no public notice was issued to the public, the commissioner, Coryea or county staff.

Commissioners Vanessa Baugh, Satcher and Kruse ultimately supported Van Ostenbridge’s motion to put Coryea on at least 15 days’ notice that a discussion pertaining to her potential termination is now pending. Commissioners Reggie Bellamy, Misty Servia and Carol Whitmore opposed that action. The 15-day time frame was later extended until after the holidays.

With about 1,900 employees under her supervision, Coryea carries out the directives of the county commission and oversees the operations of the county. She was named acting county administrator on Feb. 26, 2019. On May 21, 2019, the county commission approved removed “acting” from her job title and made her Manatee County’s first female county administrator.

Surprise discussion

As Thursday’s special commission meeting neared what was thought to be its conclusion, Van Ostenbridge said, “There is something else I’d like to bring forward. It’s a serious matter. I want to bring up the matter of our county administrator. I like Cheri very much as a person. I think she’s a great individual. However, I have a different vision for the administrator position. I admire her dedication to the county and her many years of service, but I’m a private sector person and she’s more of a public sector person.

“My vision is that government should, whenever possible, mirror the private sector. I think we need a shift of culture within the county. I saw the direction that she was leading the county and the direction she was steering the committee at times and I disagree with it fundamentally,” Van Ostenbridge said.

Van Ostenbridge proposes terminating county administrator
Commissioner Kevin Van Ostenbridge seeks to terminate the county administrator. – Joe Hendricks | Sun

Van Ostenbridge then referenced the county’s recent purchase of a 161-acre property in east Manatee County at 8520 State Road 64. The newly acquired property is across the street and slightly north of the county’s Lena Road Landfill.

“Cheri did not make that decision. The board made that decision.” – Commissioner Reggie Bellamy

The decision to purchase that property was finalized by a 5-2 commission vote in October, with Baugh and then-Commissioner Steve Jonsson voting in opposition. According to the sale and purchase contract dated Oct. 13, and signed by then-Commission Chair Betsy Benac, the county purchased the mostly vacant property from Musgrave Real Estate Holdings for $30,185,625.

The warranty deed that transferred ownership of the property from Musgrave Real Estate Holdings to Manatee County was signed by Kimberly Musgrave Schmidt and notarized by Karen Calyer on Friday, Nov. 13, with attorney Caleb Grimes signing as the second witness.

The property was purchased with the intent of creating the Central County Complex that would provide a district office for the Manatee County Sheriff’s Office and additional facilities for the county’s Public Works Department and Utilities Department.

“I, and some colleagues of mine, value that property at $6 million. The previous commission voted twice to go through with that purchase. I was pretty vocal against it. Commissioner Kruse was incoming at the time – he was pretty vocal against it. Mr. Satcher made public comments that he didn’t agree with it as well. It was pretty obvious that the incoming commission did not want this,” said Van Ostenbridge, a Realtor with Boyd Realty.

“The closing date of that property was hurried to last Friday. Funds have changed hands and it’s a done deal. I feel very saddled now with that cost and that property, as well as the burdens of the improvements that have to be made,” he said.

Van Ostenbridge also mentioned the purchase negotiations led by Utilities Department Director Mike Gore.

“I didn’t agree with the process, having Mr. Gore lead the negotiations. I didn’t feel he was qualified. Day-to-day operations are run by the administrator, so ultimately that falls on the administrator. I think tens of millions of tax dollars were wasted on that purchase. It’s the position of this commissioner that the $25 million in wasted tax money is a fireable offense,” Van Ostenbridge said.

The property is appraised at about $18.5 million, according to a June report obtained by The Sun and written by Hettema Saba Commercial Real Estate Valuation Advisory Services.

“Based on the known factors creating and affecting value, it is my opinion that the market value for the subject property in its ‘as is’ condition, as of June 18, was $18,448,000,” according to a letter signed by state-certified general real estate appraiser Ronald Saba and addressed to Brandie Adams, the real property specialist for Manatee County’s Property Acquisition Division.

”The purpose of the appraisal is to provide an opinion of the market value. The report is intended to be used by the client to make a purchase price decision,” Saba wrote.

The $30,185,625 purchase price equates to $187,488 per acre, with the most recent comparable property in that vicinity at that time selling for $310,218 per acre, according to a staff presentation to county commissioners on Oct. 13. The price per acre in that vicinity over the past 10 years was $496,923.

After a recess during last Thursday’s meeting, Commissioner Carol Whitmore sought insight from Chief Assistant County Attorney Bill Clague.

“Miss Coryea’s service as county administrator is by agreement between her and the county. That agreement has provisions in it that govern the circumstances under which the board can dismiss her. They require that the board provide her with at least 15 days’ notice prior to conducting a meeting to make that decision. The most the board could do today would be to direct our office to provide her with that notice and schedule a meeting to consider that. I would advise the board to be careful in this meeting about going into the legalities or the details of those things,” Clague said.

Whitmore noted the land purchase was actually initiated by previous County Administrator Ed Hunzeker.

Whitmore referenced a Nov. 15 story published at the Bradenton Times website that included the headline, “Are Special Interests Gunning for County Administrator?” The story states developer Carlos Beruff and other members of the development community pushed for Lakewood Ranch Business Alliance President Dom Dimaio to succeed Hunzeker, rather than Coryea.

“I was called, you all were called, by a developer who didn’t want Cheri in the job,” Whitmore said.

She also said that the developer supported Van Ostenbridge, Satcher and Kruse’s campaigns.

Van Ostenbridge proposes terminating county administrator
Commissioner Carol Whitmore believes an orchestrated effort is afoot to replace the county administrator. – Joe Hendricks | Sun

“I was hoping you guys would at least give her a chance. You haven’t even been in office for three days. Shame on you for doing that. This is very upsetting,” Whitmore said.

Regarding Van Ostenbridge’s desire for the county government to operate more like a business, Whitmore said, “This is not a business.”

Commissioner Reggie Bellamy began his remarks by referencing something he learned in business school: “When you take over leadership, you don’t come in and make hasty decisions. This sounds like a hasty decision and it’s very unfortunate,” he said.

Bellamy said it’s one thing to be disappointed with someone for carrying out a commission decision, but to say it’s a fireable offense is something totally different.

He also disagreed with Van Ostenbridge’s claim that the land purchase was rushed.

Van Ostenbridge proposes terminating county administrator
Commissioner Reggie Bellamy believes the efforts to oust Coryea are premeditated. – Joe Hendricks | Sun

Bellamy said he asked Van Ostenbridge and Kruse during their campaigns if they planned to fire Coryea once they took office.

“And the comment was, ‘No, I don’t know what you’re talking about,’ ” Bellamy said.

“It’s quite clear there’s been some premeditated comments and thoughts about this particular step with her. If the cause is for Lena Road, don’t fire her. Fire the commissioners that voted on it, twice. And that’s not your job, that’s the job of the constituents. Cheri did not make that decision. The board made that decision,” Bellamy said.

“I don’t think you, as a county commissioner, can learn in 72 hours enough to draw a conclusion that you’re going to fire anybody. There is no way in the world that we should be holding a conversation like this three days into it,” Bellamy said.

“It’s kind of piling up now. When you see the information that’s brought to you it almost seems like an attempt to build momentum. This is why I’m saying some of this is premeditated,” Bellamy said.

Speaking next, Commissioner Misty Servia said, “Kevin, this is a reckless move. You have been here actually 50 hours, it’s not even close to 72 hours. Here’s what this move does: The morale of our staff just dropped. Our ability to hire people that we so desperately need has dropped.”

Servia said Van Ostenbridge made a “poor move” when initiating that discussion without giving the public advance notice.

“You’ve just shut them out of this,” she said. “The art of the deal requires finesse. This is not finesse.”

Van Ostenbridge proposes terminating county administrator
Commissioner Misty Servia described the efforts to terminate Coryea as “reckless.” – Joe Hendricks | Sun

Servia mentioned Coryea’s performance evaluations submitted by six of the seven members of the previous commission, which were discussed at that commission’s final meeting on Nov. 10 – an evaluation process Baugh chose not to participate in.

“Our county administrator just received a glowing review because she has done everything this elected board has asked her to do in a timely and efficient manner,” Servia said.

Bellamy noted Coryea received a 6-month evaluation and a 12-month evaluation.
“Not a 3-day evaluation or a 50-hour evaluation,” he said. “It seems as though there’s ulterior motives. It seems as though there’s something else out there.”

Bellamy told the new commissioners to consider how they would feel about being evaluated after just 50 hours on the job.

Along those same lines Servia said, “Fifty hours on the job? We need to be in a learning mode, not in a firing mode.”

When it was his turn to speak, Kruse said, “I think ‘premediated’ is probably a strong word. I think we all came into this with a common view of government. Any level of premeditation was just a group of us saying let’s look at something a little more from a business standpoint. I’m not saying which direction I’m going. I’m OK with starting a clock, but if this is a vote to flat-out do it today, then that would be a different story.”

Baugh disputed any premeditation.

“I don’t know anything about premediated. I don’t know anything about developers coming to anybody. None have come to me, but I can tell you this – the citizens do come to me and they’re the ones that are important. And by the way, I guess developers are citizens too,” Baugh said.

Van Ostenbridge proposes terminating county administrator
Commissioner Vanessa Baugh seconded the motion to put Coryea on notice. – Joe Hendricks | Sun

“I realize this isn’t a topic most people want to talk about. I don’t believe it is fair to make accusations to the new commissioners that have been out there for over a year working to get elected – who might know a little bit more than you think. Everybody take a breath, we’re not making the decision today,” Baugh said.

Clerk of Court weighs in

Aware of the discussion taking place, Manatee County Clerk of the Circuit Court Angelina Colonneso felt compelled to make the short drive from her downtown Bradenton office to the Bradenton Area Convention Center in Palmetto to address the commission.

When addressing Van Ostenbridge, Satcher and Kruse, she said, “To the three of you, please take my advice: a little humility doesn’t hurt. Take it from my experience, you’ve got a lot to learn. I am for the people’s records, the people’s business. There are no citizens here. Those people have not been afforded the opportunity to even weigh in on this.

“I think you should take a little time and see how things work. You haven’t even been to a (regular) meeting yet and you’re bringing this up. You haven’t had a chance to work with anybody in this county or see the interactions,” Colonneso said.

“In a way, I feel like I’m up here as that watchdog for the citizens – to tell you that whatever you decide, take a step back. You took an oath. You need to be humble and understand there’s so much to learn. Please, take your time here,” Colonneso said.

“I didn’t expect to make a trip here today. I gave up another meeting when I saw this, it was so outlandish,” she said in conclusion.

Final comments

“This is not terminating Cheri today. I am not eliminating the public process. I’m going to make a motion to give 15 days’ notice of a vote. The public, community leaders, citizens of all types can reach out to us. I just want us to make some fundamental cultural changes,” Van Ostenbridge said.

Baugh seconded Van Ostenbridge’s motion.

Before voting on the motion, Whitmore said, “I knew this was orchestrated. Kevin, I supported you. I am ashamed that I did. You’ve been in office 50 hours. This was premediated. I’ve had the calls; every one of you have. I know what’s going on. There are employees crying right now because of what you’ve just done. Maybe you don’t care, but you should.”

In response, Van Ostenbridge said, “I agree with you, it’s a very difficult decision. It can be very emotional for people, but you cannot run a $1.5 billion business based on feelings and emotion. Unfortunately, it has to be run pragmatically, as a business.”

Servia said, “With all due respect, this is not a good way to do business because there are so many unintended consequences that amount to millions and millions of dollars; and things are shifting right now today because of this action. This is a very dangerous approach.”

Satcher said no one should be surprised about Van Ostenbridge’s positions.

“Everyone that was running for election had very public comments about what was going on at Lena Road. Of course it’s expected. It was a major decision. I was tempted to read my Facebook post: ‘Five reasons why the Lena Road land deal is wrong for Manatee County.’ I should have said 32 million and 5 reasons why it was bad for Manatee County,” Satcher said, citing a figure that was higher than the $30,185,625 sale price listed on the signed contract.

Van Ostenbridge proposes terminating county administrator
Commissioner James Satcher disagrees with a recent county land acquisition. – Joe Hendricks | Sun

Kruse said the Coryea decision is one of the most serious decisions this commission will make, and he noted it will have implications throughout the entire county and county government.

“If you’re a director and you work directly under Ms. Coryea, please reach out to me – Ms. Coryea included,” Kruse said of his willingness to speak with as many people as possible before making his decision.

“This isn’t premeditated or a done deal. I am going to do my due diligence and my homework. Lena Road, while I disagree with it, that wouldn’t be my decision in and of itself, but there’s bigger philosophical things,” Kruse said.

Van Ostenbridge proposes terminating county administrator
Commissioner George Kruse says he has not made his decision yet. – Joe Hendricks | Sun

After the 4-3 vote to put Coryea on notice took place, the commission discussed scheduling that meeting on Dec. 15. Bellamy requested the discussion be delayed until after the holidays and the other members unanimously supported his request.

County face covering mandate rescinded, repealed

County face-covering mandate rescinded, repealed

MANATEE COUNTY – The mandatory face-covering requirement in Manatee County is no longer in effect as of today.

Manatee County recommends, but no longer requires, face coverings to be worn inside businesses when proper social distancing cannot be maintained.

During today’s county commission meeting, commissioners voted 4-3 to repeal the face-covering mandate adopted by emergency resolution on July 27.

The commission then unanimously adopted a non-binding proclamation proposed by Commission Chair Betsy Benac that strongly encourages people to continue wearing face coverings on a voluntary basis.

After two full pages of supporting “whereas” clauses, the adopted proclamation says, “Be it proclaimed by the Board of County Commissioners of Manatee County, that in the best interest of the county and the furtherance of public health, safety and welfare of the county, the board strongly encourages individuals who cannot socially distance to wear face coverings and supports businesses displaying signs requiring face masks to be worn in business establishments to reduce the spread of COVID-19.”

Today’s action means the county no longer requires face coverings to be worn inside Bradenton Beach businesses. The county mandate applied in Bradenton Beach because the city commission has not adopted its own mask mandate.

When contacted this afternoon, Anna Maria Mayor Dan Murphy said the Anna Maria City Commission will vote on repealing its mask order next week and he plans to issue a separate emergency order pertaining to masks being worn on city property.

Resolution repealed

Commissioner Priscilla Trace made the motion to rescind and repeal the county’s face-covering resolution and commissioners Benac, Vanessa Baugh and Steve Jonsson supported her motion. Commissioners Reggie Bellamy, Misty Servia and Carol Whitmore opposed rescinding and repealing the face-covering resolution.

These actions came in response to the Phase 3 reopening order, EO 20-244, that Gov. Ron DeSantis issued on Friday, Sept. 25. In addition to allowing restaurants and bars to operate at 100% capacity, DeSantis’ order suspended locally-imposed fines or penalties for violations of COVID-19 regulations or restrictions, including face-covering mandates.

Chief Assistant County Attorney Bill Clague addressed DeSantis’ order.

County face covering mandate rescinded, repealed
Chief Assistant County Attorney Bill Clague said the governor’s recent order rendered the county resolution unenforceable. – YouTube | Submitted

“His emergency orders basically supersede ours. Our face-coverings resolution imposes mandatory requirements to wear face-coverings and imposes fines on individuals who don’t comply. Under the executive order, that is no longer enforceable.”

Clague said the Manatee County School Board still retains the sole authority to determine whether face-coverings remain mandatory at public schools. Clague also said businesses and governments can still require face coverings inside their buildings and facilities.

Public comment

Palmetto Pastor Joel Tillis was among those who supported the repeal of the face-covering mandate. Tillis recently dropped a lawsuit he filed in opposition to the mandate. He dismissed his lawsuit after the face-covering resolution was amended in a manner that exempts houses of worship.

“I believe that you intended the best for our community. I believe you did what was best for the physical healing of our community at the time. Now, I am here asking you for the emotional healing of our community. This issue of the mask mandate has divided us. It has hurt us and caused our community to be filled with anger and confusion. I am asking you to begin to heal a divided county – because masks may help, but mandates have hurt. Trust your constituents to decide for themselves. It is not the mask, but the mandate, that has divided us,” Tillis said.

County resident Andra Griffin said, “I haven’t worn a mask before. I will not wear a mask going forward. I didn’t wear a mask coming in here. I refuse to wear a mask because it’s not your decision what I should be doing with my body.”

Joining the meeting by phone, Swordfish Grill General Manager Bob Slicker offered another perspective.

“I have 70 employees and I just want to thank the commission for the mask mandate,” he said.

Regarding some of the previous comments made, Slicker said, “You have the right not to wear a mask. Please don’t come to my restaurant. You need to wear a mask in my restaurant because we care about everybody.

“Scientific studies have shown that masks work. Not wearing a mask is not kind. Not wearing a mask is not patriotic. Our parents would wear masks. Past generations would wear masks. This is about taking care of people.

“Unfortunately, without the mandate, I have 16-year-old hostesses and 18- and-19-year-old servers that are harassed daily by people who don’t want to wear a mask. My business picked up because you passed that mandate and made it easier for us all to do our job. Thank you for following science and listening to business owners. Having a mandate really helps us,” Slicker said.

Joining by phone, school board member Charlie Kennedy encouraged the commission to continue the face-covering mandate or least continue to recommend face coverings.

“There’s a lot of peer pressure around masks. When a business owner has a customer come into their establishment, or a school principal has a parent walk onto their school campus, that person can just say I am mandated to do this because this is what my local government is telling me I have to do. It takes a lot of pressure off our community and I think it sends a signal that we believe in science, that we believe in data. The vast majority of us know that masks are a positive step in the direction of suppressing COVID,” Kennedy said.

Commission comments

“I agree. It’s not the wearing of masks but the mandate itself that was the issue,” Baugh said.

County face covering mandate rescinded, repealed
Commissioner Vanessa Baugh consistently opposed the county’s face-covering mandate. YouTube | Submitted

In response to Slicker’s comment, Baugh noted that she, too, is a small business owner.

“The majority of people wear a mask – and not because of the mandate, but because they know it’s the right thing to do. I don’t think the mandate really made a big difference. It’s really up to each individual business as to whether they want to enforce the wearing of masks or not,” Baugh said.

Whitmore then said, “I respectfully don’t agree. I know masks make a difference. I’m looking at this graph here from the Department of Health.”

She was referring to 60 new positive COVID-19 cases discovered in Manatee County on Saturday and reported on Sunday.

County face covering mandate rescinded, repealed
Commissioner Carol Whitmore opposed rescinding and repealing the face-covering mandate. – YouTube | Submitted

Benac was the only commissioner who voted to rescind the face-covering resolution after previously supporting it.

After Jonsson made the motion to adopt Benac’s proclamation, Benac said, “It was an extremely tough decision for me, but I wanted to make it clear that my position has not changed. Everybody is saying you need to keep wearing a mask to slow the transmission.”

County commissioners to vote on mandatory face coverings Monday

County commissioners to vote on mandatory masks Monday

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.

County commissioners to vote on mandatory face coverings Monday
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.

County commissioners to vote on mandatory face coverings Monday
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.

County commissioners to vote on mandatory face coverings Monday
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.

County commissioners to vote on mandatory face coverings Monday
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.”

County commissioners to vote on mandatory face coverings Monday
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 curfew lifted

Manatee County curfew lifted today

MANATEE COUNTY – This morning, Manatee County Commissioners voted 4-3 to lift the county curfew enacted on April 3 and extended on April 10 and April 17.

The curfew has been in effect from 11 p.m. to 5 a.m. daily. Travel during that overnight timeframe was supposed to be restricted to the essential businesses, services or activities set forth in Gov. Ron DeSantis’ Executive Order 20-91, which some public officials refer to as a “stay-at-home” order. That order is currently scheduled to expire on Thursday, April 30 unless it is lifted early or extended.

During today’s meeting, Commissioner Priscilla Trace made the motion to lift the controversial and much-debated curfew. Commissioners Vanessa Baugh and Steve Jonsson supported Trace’s motion to end the curfew. Commissioners Reggie Bellamy, Misty Servia and Carol Whitmore opposed the motion. Voting last, Commission Chair Betsy Benac cast the deciding vote to lift the curfew.

In doing so, it was noted that Manatee County is among the highest in Florida in terms of COVID-19 cases and the county has not yet hit its anticipated peak, which is now expected during the week of May 3.

“We’re removing the curfew, but I would like to focus on the sense of responsibility individually in making sure that you’re protecting yourself, making sure you’re protecting your loved ones and be mindful of social distancing,” Bellamy said.

He then said lifting the curfew does not mean it’s “time to party” or time to start engaging in late-night activities.

“COVID-19 is out in front of us. We have a lot of unanswered questions and the best that you can do is mask up and emphasize social distancing,” Bellamy said.

“I agree 100%,” Benac said. “This was not a message to anyone to let up on the gas, to let down your guard. The fact of the matter is we haven’t hit our peak. We need to continue to try to slow the spread so we don’t have a long plateau because that would be very bad for our community.”

It was noted that Gov. Ron DeSantis’ essential services (“stay-at-home”) order remains in effect until Thursday, April 30 unless he lifts it or extends it.

The countywide state of local emergency remains in effect. So does the countywide burn ban, which allows residents to have fires in their home fire pits.

Test kits expected today

During today’s meeting, the commission authorized County Administrator Cheri Coryea to spend up to $100,000 to purchase COVID-19 test kits and the Personal Protective Equipment needed to administer the testing. The money will come from the county’s $6.5 million emergency disaster fund.

Trace noted each test kit currently costs $61 per test to purchase and she anticipates that cost to continue increasing.

The county requested 300 tests from the state and during the meeting Public Safety Director Jake Saur was informed that the Manatee County Health Department would be receiving those 300 tests later today.

Saur said those tests would likely be used for a second round of drive-thru testing at the Bradenton Area Convention Center in Palmetto.

Commissioner Vanessa Baugh asked about the cost to get tested.

Saur said any tests conducted with test kits received from the state must be done at no cost to the person being tested.

Coryea said it costs $107 to get tested at a local MCR Health facility. She said there is a co-pay for those with health insurance and a sliding cost scale for those without insurance.

The commission will meet again at 2 p.m. on Tuesday, April 28 to discuss any new developments or actions required as the county response to the pandemic continues.

Manatee County COVID-19 cases

According to the Florida Department of Health’s COVID-19 Data and Surveillance Dashboard, Manatee County has thus far had a total of 435 reported COVID-19 cases, 84 hospitalizations and 34 reported COVID-19-related deaths as of early this afternoon.

As of this afternoon, Manatee County has the 10th-highest number of reported cases in Florida, and 318 of those COVID-19 cases are in Bradenton.

Also as of this afternoon, there are 128 reported COVID-19 cases and 14 deaths among residents or staff members at long-term care facilities in Manatee County, which is the fourth-highest in Florida in those two categories.

Florida has 27,495 reported positive cases and 839 reported COVID-19 deaths.

Anna Maria Island cases

As of today, there were no reported COVID-19 cases in the city of Anna Maria.

According to FDOH’s afternoon daily data report, there are still only two reported cases of on Anna Maria Island – one past case in Bradenton Beach and one past case in Holmes Beach.

The Holmes Beach positive case was reported by the Florida Department of Health on April 2. FDOH reports do not include the names of those who test positive or negative for COVID-19.

According to an April 2 story in the Grand Haven (Michigan) Tribune, Megan Sheehan told the publication that her 68-year-old father, Bradenton Beach resident Tom Sheehan, died on March 29 while being treated for COVID-19.

The Grand Haven Tribune story notes Sheehan suffered from asthma, COPD and diabetes and went on a cruise even though family members warned him not to because of the unfolding coronavirus crisis.

Zip code hot zone

On Friday, Manatee County Public Safety Director Jake Saur said the 34208 zip code in Manatee County had the highest number of reported cases per zip code in the Tampa Bay region.

As of Tuesday afternoon, the 34208 zip code had 140 reported COVID-19 cases. That zip code encompasses portions of Bradenton, Ellenton, Samoset, south Bradenton and west Samoset.

Complete and regularly updated county-by-county and zip code specific COVID-19 data can be found at the FDOH COVID-19 Dashboard.

Manatee County Commission enacts countywide curfew

Manatee County Commission enacts countywide curfew

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.

Manatee County Commission enacts countywide curfew
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.

Manatee County Commission enacts countywide curfew
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.

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