PASCO COUNTY, FLORIDA
INTEROFFICE MEMORANDUM

_____________________________________________________________________________________

TO: Honorable Chairman and                  DATE: 01/15/02 FILE:                     CAO 02-2433
      Members of the Board of
      County Commissioners

                                                           SUBJECT: Benches Within Rights-of-Way
                                                                           – Proposed Amendment to
                                                                           Right-of-Way Use Permit Ordinance
                                                                           Final Public Hearing

FROM: Barbara L. Wilhite                    REFERENCES: November 6, 2001
           Chief Assistant County Attorney                        December 18, 2001

_____________________________________________________________________________________

It is recommended that the data herein presented be given formal consideration by the Board of County Commissioners.

DESCRIPTION AND CONDITIONS:

Pursuant to the Board’s direction on December 18, 2001, please find attached for public hearing the proposed amendments to the right-of-way use permit ordinance relating to benches. Also attached are the agenda items from the November 6, 2001 and December 18, 2001 Board meetings.

The attached proposed amendment to the right-of-way use permit ordinance would limit benches within the public rights-of-way to designated stops on official bus routes as designated by the Pasco County Public Transportation Department (PCPT). The ordinance amendment would provide a mechanism to permit benches within the State rights-of-way in the County, but only at the designated bus stops. Permits would be issued by PCPT and only to a person or entity that has a valid contract with the County. Each bench requires a separate permit and the permittee will be issued an identification number that must be displayed. Permittees are required to maintain their benches as well as the area surrounding the benches and carry insurance. An appeal hearing before the Board may be requested by the permittee when a permit is cancelled by PCPT.

As you will recall, this Board made several requests for modifications or additions to the introduced amendments during discussion at the December 18, 2001 meeting. The County Attorney’s Office and other County Staff have considered these requests and changed the proposed amendments to reflect this. Specifically, the Board requested that for each bench the number and size of advertisements be limited, that street addresses be placed on benches, that the use of bright colors be prohibited, that cement platforms under benches be required, and that penalties and tracking of benches be stepped-up. All of those modifications were made as follows. The advertisements are limited to one per bench and such advertisement shall not be larger than 75% of the back board of the bench (108 square feet). The remaining 25% of the back board shall display the street address of the parcel closest to the bench. Fluorescent colors and reflective materials are prohibited as well as any of the other features prohibited from being used on signs pursuant to section 601.4 of the Land Development Code (animated, swinging, twirling, flashing, smoking, etc. features). Penalties shall be assessed pursuant to the Uniform Citation Schedule for placing benches in the right-of ways without a permit. Cement platforms shall be required where appropriate. Tracking permits and authorized benches will be accomplished by Pasco County Public Transportation.

ALTERNATIVES AND ANALYSIS:

The Board of County Commissioners is requested to consider the following alternatives:

1. Hold public hearing, listen to public comment if any and adopt the proposed amendments by roll call vote.

2. Hold public hearing, listen to public comment if any and do not adopt the proposed amendments.

RECOMMENDATIONS AND FUNDING:

The County Attorney’s Office recommends that the Board of County Commissioners accept public comment, adopt the attached proposed Ordinance by role call vote, authorize the Chairman’s signature on same, direct Board Records to file a certified copy of the ordinance and the coding form with the Department of State within ten (10) days after enactment, retain one (1) original, and send one (1) certified copy to the County Attorney, New Port Richey.

No funding is required for this item.

Attachments: Proposed Amendment to Right-of-Way Use Permit Ordinance

cc:  John J. Gallagher, County Administrator (w/attachments)
      Bipin Parikh, P.E., ACA, Development Services (w/attachments)
      Cynthia M. Jolly, P.E., Adm., Development Department (w/attachments)
      Joseph Gross, Acting Adm., Zoning/Code Compliance (w/attachments)
      Debra Zampetti, Adm., Zoning/Code Compliance (w/attachments)