BOARD OF COUNTY COMMISSIONERS
PASCO COUNTY, FLORIDA

REGULAR MEETING/REZONINGS

A G E N D A*

MAY 21, 2002

9:30 a.m. - Historic Pasco County Courthouse, Board Room, 2nd Floor,

37918 Meridian Avenue, Dade City, FL 33525

COUNTY COMMISSIONERS

Ann Hildebrand, Chairman

John J. Gallagher, County Administrator

Ted J. Schrader, Vice-Chairman

Pat Mulieri, Ed.D.

Robert D. Sumner, County Attorney

Steve Simon

Peter A. Altman

Jed Pittman, Clerk to the Board

1.

CALL TO ORDER - 9:30 A.M.

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL

2.

MINUTES AND FINANCIAL MATTERS

A.

MINUTES

1.

Approval

a.

Regular Meeting/Work Session of April 10, 2002

2.

Distribution

None Scheduled

B.

SPECIFIC APPROVALS

C.

GENERAL WARRANTS, PAYROLL REGISTERS, AND TRANS­FER  AUTHORIZATIONS

ANY PERSON DESIRING TO APPEAL ANY DECISION MADE BY THE PLANNING COMMISSION,

DEVELOPMENT REVIEW COMMITTEE, OR BOARD OF COUNTY COMMISSIONERS WITH RESPECT TO ANY MATTER CONSIDERED AT ANY MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE

PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON

WHICH THE APPEAL IS TO BE BASED.

PLEASE NOTE:  THE BOARD OF COUNTY COMMISSIONERS WILL

RECESS FOR LUNCH AT APPROXIMATELY 12:00 NOON.

*DEAF INTERPRETER SERVICES AVAILABLE UPON REQUEST.

FOR INFORMATION CALL (727) 834-3263.

BEGINNING OF CONSENT AGENDA

ALL OF THE ITEMS CONTAINED IN THE CONSENT AGENDA ARE

APPROVED WITH A SINGLE VOTE OF THE COUNTY COMMISSION

UNLESS A COMMISSIONER, STAFF, OR THE CLERK'S

REPRESENTATIVE REQUESTS AN ITEM BE PULLED FROM CONSENT

FOR DISCUSSION OR WITHDRAWAL.  NORMALLY, THOSE ITEMS

PULLED FROM THE CONSENT AGENDA ARE VOTED ON INDIVIDUALLY.

3.

CONSENT

A.

 CONSTITUTIONAL OFFICERS

1.

Clerk

a.

Tax Deeds for Sale

Letter Dated May 20, 2002

RECOMMENDATION:  Approve as outlined.

2.

Sheriff

a.

Request for Appropriation - $6,496.49 - COPS in Schools Grant

Letter Dated April 22, 2002

RECOMMENDATION:  Approve as outlined.

b.

Request for Appropriation - $12,206.42 - Univer­sal Hiring Grant

Letter Dated April 22, 2002

RECOMMENDATION:  Approve as outlined.

3.

Tax Collector

a.

Tax Deed Applications

Letter Dated May 14, 2002

RECOMMENDATION:  Approve as outlined.

B.

LEGISLATIVE/ADMINISTRATIVE

1.

County Attorney

a.

Request to Defend - Pamela Devol v. Pasco County, Harold Pope, and Darla Pope

Memorandum CAO02-1797

RECOMMENDATION:  Approve.

C.

DEVELOPMENT SERVICES BRANCH

1.

Development Review Services

a.

Development Review

(1)

Maintenance and License Agreement - Beacon Woods Civic Association, Inc. - Right-of-Way Permit; Comm. Dist. 5

Memorandum DR02-211

RECOMMENDATION:  Approve and autho­rize Chairman's signature.

2.

Engineering Services

a.

Engineering Design/Stormwater

(1)

Addition to Programmed Maintenance Projects - Grubbs Construction Company - Court Street (S.R. 54 South to "C" Avenue); All Comm. Dists.

Memorandum EDA02-044

RECOMMENDATION:  Approve as outlined.

b.

Engineering Inspections

(1)

Extend Performance Guarantee - Long­leaf Development Company - Longleaf Neighborhood Two, Phases 1 and 3; Comm. Dist. 3

Memorandum ENIA02-050

RECOMMENDATION:  Approve as outlined.

(2)

Release Performance Guarantee and Accept Maintenance Guarantee - Pulte Home Corporation - Lexington Oaks, Village 14; Comm. Dist. 2

Memorandum ENIA02-060

RECOMMENDATION:  Approve as outlined.

(3)

Accept Performance Guarantee - Suncoast AutoBuilders - Buddy Foster Chevrolet Addition (S.R. 54 and Seaberg Road Intersection); Comm. Dist. 1

Memorandum ENIA02-061

RECOMMENDATION:  Approve as outlined.

c.

Project Management

(1)

Change Order No. 2 - Spring Engineering, Inc. - Christian Road (Power Line Road to U.S. 301); Comm Dist. 1

Memorandum PMA02-027

RECOMMENDATION:  Approve and autho­rize Chairman's signature.

d.

Real Estate

(1)

Recording of Quit-Claim Deed and Reso­lution Canceling Taxes - Tracts, Inc. - County Line Road (Pasco/Hernando); Comm. Dist. 2

Memorandum REA02-058

RECOMMENDATION:  Approve as outlined.

(2)

Recording of Quit-Claim Deed, Warranty Deed, and Resolution Canceling Taxes - Arthur N. Rupe as Trustee of the Survi­vors Trust, UTA - Old Pasco Road a.k.a. Pasco Road; Comm. Dist. 1

Memorandum REA02-060

RECOMMENDATION:  Approve as outlined.

e.

Survey

(1)

Task Order No. EDO02-008 - Tampa Bay Engineering, Inc. - Visual Basic Zoning Application for ArcGIS; All Comm. Dists.

Memorandum SA02-047

RECOMMENDATION: Approve and autho­rize Chairman's signature.

(2)

Recording of Plat with Performance Guar­antee and Maintenance Guarantee - Sunfield Homes, Inc. - Riverchase, Unit One; Comm. Dist. 4

Memorandum SA02-051

RECOMMENDATION:  Approve as outlined.

3.

Growth Management

a.

City of Zephyrhills Annexation; Comm. Dist. 1

Memorandum GM02-808

RECOMMENDATION:  Approve with conditions.

b.

Master Planned Unit Development - Oak Creek Golf and Country Club - Extension of Expiration Date; Comm. Dist. 1

Memorandum GM02-834

RECOMMENDATION:  Approve as outlined.

c.

Zoning/Code Compliance

(1)

Code Compliance

(a)

Lien Resolutions - Property Main­tenance Ordinance

Memorandum CC02-098

RECOMMENDATION:  Approve and authorize Chairman's signature.

(b)

Lien Resolutions - Property Main­tenance Ordinance

Memorandum CC02-100

RECOMMENDATION:  Approve and authorize Chairman's signature.

D.

PUBLIC SERVICES BRANCH

1.

Community Services

a.

Public Transportation

(1)

Request to Process Grant Application - Federal Transit Administration - Urban Area Formula Program Grant; All Comm. Dists.

Memorandum PT02-274

RECOMMENDATION:  Approve and autho­rize Chairman's signature.

2.

Emergency Services

a.

Service Agreement - Cingular Wireless, LLC - E-9-1-1, Phase 1; All Comm. Dists.

Memorandum ES02-1132

RECOMMENDATION:  Approve and authorize Chairman's signature.

3.

Facilities Management

a.

Lease Renewal - Jack L. Lowman, Jr. - David "Hap" Clark, Jr., Building, Suite 303-A; Comm. Dist. 2

Memorandum FAC02-256

RECOMMENDATION:  Approve and authorize Chairman's signature.

E.

UTILITIES SERVICES BRANCH

1.

Task Order No. 2-02 - Camp Dresser & McKee Inc. - East Pasco Sanitary Landfill Remediation and Permit Compliance Activities; All Comm. Dists.

Memorandum UT02-722

RECOMMENDATION:  Approve and authorize Chairman's signature.

2.

Utilities

a.

Accept Utility Improvements and Maintenance Guarantee - Meadow Pointe Partners - Wesley Chapel Lakes, Phase 1, Unit 2A; Comm. Dist. 2

Memorandum UTD02-693

RECOMMENDATION:  Approve as outlined.

b.

Accept Utility Improvements and Maintenance Guarantee - U.S. Home Corporation - Heritage Springs, Village 14, Unit 1; Comm. Dist. 3

Memorandum UTD02-731

RECOMMENDATION:  Approve as outlined.

3.

Utilities Fiscal Services/Special Projects

a.

Streetlight Lien Resolutions; All Comm. Dists.

Memorandum UTFSSP02-482

RECOMMENDATION:  Approve and authorize Chairman's signature.

b.

Lien Resolutions - 2000 Solid Waste Disposal Assessment; All Comm. Dists.

Memorandum UTFSSP02-490

RECOMMENDATION:  Approve and authorize Chairman's signature.

F.

 OFFICE OF MANAGEMENT AND BUDGET

1.

Grant Application - Florida Department of Law Enforce­ment - Edward Byrne Memorial State and Local Law Enforcement Grant Program; All Comm. Dists.

Memorandum OMB02-043

RECOMMENDATION:  Approve and authorize Chairman's signature.

2.

Request Blanket Authority to Pay Invoices - Gas Tax Refunding Revenue Bonds, Series 2002 - Cost of Issu­ance Fees; All Comm. Dists.

Memorandum OMB02-2300

RECOMMENDATION:  Approve as outlined.

3.

Purchasing

a.

Sale of Surplus Property - Tampa Machinery Auction, Inc.

Memorandum PU02-299

RECOMMENDATION:  Approve

b.

Bid No. 02-050A

Item:

Building Addition, Fire Station No. 20

Departments:

Emergency Services and Facili­ties Management

Vendor:

Southern Custom Builders

Amount:

$92,375.00

Memorandum PU02-301

RECOMMENDATION:

Approve.

4.

Tourist Development

a.

Tourist Development Council Grant - Zephyrhills Chamber of Commerce - 2002 Zephyrhills Air­port Festival; Comm. Dist. 1

Memorandum TD02-006

RECOMMENDATION:  Approve and authorize Chairman's signature.

b.

Budgeting

c.

Budget Amendments

(1)

BA02-141

Transfer Within the General Fund, Sheriff - Law Enforcement from Re­serves to Salary of Deputies for Local Match Portion of the Universal Hiring Grant #2000ULWX0001 ($12,206.42) and the COPS in Schools Grant #1999SHWX0695 ($6,496.49) per the Requests Dated April 22, 2002, from the Sheriff - $18,702.91

(2)

BA02-146

Resolution Increasing Anticipated Revenues Within the Department of Community Affairs Grant Fund - $9,000.00

(3)

BA02-147

Resolution Increasing Anticipated Revenues Within the Department of Children and Families Fund - $2,442.00

(4)

BA02-148

Resolution Increasing Anticipated Revenues Within the Gas Tax Re­funding Revenue - Series 2002 Fund - $3,731,286.25

(5)

BA02-149

Resolution Increasing Anticipated Revenues Within the Capital Im­provement Fund - $12,385.00

END OF CONSENT AGENDA

4.

COMMISSIONERS' ITEMS

A.

CHAIRMAN HILDEBRAND

1.

Presentation By East Pasco Medical Center RE:  Trans­portation Exception Plan

B.

COMMISSIONER  SCHRADER

1.

Resolution Congratulating Mr. Joe Herrmann on the Celebration of His 90th Birthday and Commending Him for Many Years of Outstanding Community Service

C.

COMMISSIONER MULIERI

1.

Resolution Recognizing Ms. Stella Peyton, Lead Bus Driver, Pasco County Public Transportation, for Five Consecutive Years of Safe Driving

5.

CONSTITUTIONAL OFFICERS

None Scheduled

6.

PUBLIC HEARINGS AND TIME CERTAIN ITEMS

A.

PROPOSED ORDINANCES

None Scheduled

B.

PUBLIC HEARINGS

1.

Development of Regional Impact/Notice of Proposed Change - Northwood; Comm. Dist. 2

Memorandum GM02-871

(Continued from February 19, 2002, and April 16, 2002)

(To Be Continued to July 23, 2002)

2.

Rezonings

Memorandum ZN02-167

C.

MISCELLANEOUS MATTERS

None Scheduled

7.

COMMITTEE REPORTS AND MISCELLANEOUS OLD BUSINESS

A.

COMMITTEE REPORTS

None Scheduled

B.

MISCELLANEOUS OLD BUSINESS

1.

Discussion RE:  Drought Index

(To Be Distributed)

2.

Water Issues

8.

INTRODUCTION AND REFERENCE OF PROPOSED ORDINANCES

A.

AN ACT TO BE ENTITLED AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA, AUTHORIZING THE CREATION AND INCLUSION IN THE CODE OF SECTIONS 102-160 THROUGH 102-161 OF ARTICLE III OF CHAPTER 102 OF THE PASCO COUNTY CODE OF ORDI­NANCES; PROVIDING FOR THE LEVY, COLLECTION, AND ADMINISTRATION OF THE NINTH-CENT FUEL TAX ON MOTOR FUEL PURSUANT TO FLORIDA STATUTES SECTIONS 206.41(1)(c) AND 336.021; DELINEATING THE EXCLU­SIVE PURPOSES FOR WHICH THE MONIES RECEIVED FROM SAID TAX MAY BE USED; PROVIDING FOR REPEAL OF OTHER CONFLICTING ORDINANCES, OR CONFLICTING PORTIONS OF OTHER ORDINANCES; PROVIDING FOR SEVERANCE; PROVID­ING FOR MODIFICATION THAT MAY ARISE FROM CONSIDER­ATION AT PUBLIC HEARING; AND  PROVIDING FOR AN EFFEC­TIVE DATE.

Memorandum CAO02-1232

Ordinance CAO02-1232

B.

AN ACT TO BE ENTITLED AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA, AUTHORIZING THE CREATION AND INCLUSION IN THE CODE OF SECTIONS 102-165 THROUGH 102-167 OF ARTICLE III OF CHAPTER 102 OF THE PASCO COUNTY CODE OF ORDI­NANCES; PROVIDING FOR THE LEVY, COLLECTION, AND ADMINISTRATION OF A ONE-CENT FUEL TAX ON MOTOR FUEL PURSUANT TO FLORIDA STATUTES SECTIONS 206.41(1)(e) AND 336.025(1)(b); DELINEATING THE EXCLUSIVE PURPOSE FOR WHICH THE MONIES RECEIVED FROM SAID TAX MAY BE USED; PROVIDING FOR REPEAL OF OTHER CONFLICTING ORDINANCES OR CONFLICTING PORTIONS OF OTHER ORDI­NANCES; PROVIDING FOR SEVERANCE; PROVIDING FOR MODIFICATION THAT MAY ARISE FROM CONSIDERATION AT PUBLIC HEARING; AND PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR MODIFICATION THAT MAY ARISE FROM CONSIDERATION AT PUBLIC HEARING.

Memorandum CAO02-1233

Ordinance CAO02-1233

C.

AN ACT TO BE ENTITLED AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA, AUTHORIZING THE CREATION AND INCLUSION IN THE CODE OF SECTIONS 102-168 THROUGH 102-170 OF ARTICLE III OF CHAPTER 102 OF THE PASCO COUNTY CODE OF ORDI­NANCES; PROVIDING FOR THE LEVY, COLLECTION, AND ADMINISTRATION OF A ONE-CENT FUEL TAX ON MOTOR FUEL PURSUANT TO FLORIDA STATUTES SECTIONS 206.41(1)(e) AND 336.025(1)(b); DELINEATING THE EXCLUSIVE PURPOSE FOR WHICH THE MONIES RECEIVED FROM SAID TAX MAY BE USED; PROVIDING FOR REPEAL OF OTHER CONFLICTING ORDINANCES OR CONFLICTING POR­TIONS OF OTHER ORDINANCES; PROVIDING FOR SEVERANCE; PROVIDING FOR MODIFICATION THAT MAY ARISE FROM CONSIDERATION AT PUBLIC HEARING; AND PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR MODIFICATION THAT MAY ARISE FROM CONSIDERATION AT PUBLIC HEARING.

Memorandum CAO02-1234

Ordinance CAO02-1234

D.

AN ACT TO BE ENTITLED AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA, AMENDING, REVISING, AND SUPPLEMENTING CHAPTER 94 OF THE PASCO COUNTY CODE OF ORDINANCES; DESIGNATING APPLICABILITY OF ARTICLE 1; DESCRIBING AUTHORITY FOR THE IMPOSITION OF SPECIAL ASSESSMENTS AND PROCE­DURE FOR ADOPTION OF METHODOLOGIES FOR REASON­ABLE APPORTIONMENT; SETTING FORTH A PROCEDURE FOR SUBMISSION OF PETITIONS BY PROPERTY OWNERS; DELIN­EATING THE REQUIRED FORM AND CONTENTS OF SAID PETITIONS AND COUNTY DISCRETION WITH RESPECT THERETO; DELINEATING PETITION PROCEDURES, INCLUDING RESPONSE TIME, VOTING, AND LIMITATIONS ON RE-PETITIONING; DESCRIBING REQUIRED FINDINGS ON PETITIONS INITIATED BY PROPERTY OWNERS; PROVIDING FOR INITIATION BY THE COUNTY COMMISSION; ESTABLISH­ING NOTICE REQUIREMENTS FOR HEARINGS ON PRELIMI­NARY ASSESSMENT ROLL; ALLOWING COMBINED PUBLIC HEARINGS FOR RESOLUTIONS; DELINEATING REQUIREMENTS FOR THE PREPARATION OF RESOLUTION IMPOSING A SPE­CIAL ASSESSMENT; PROVIDING FOR THE PUBLICATION OF THE RESOLUTION; PROVIDING FOR THE ADOPTION OF THE RESOLUTION; PROVIDING FOR THE IMPLEMENTATION OF SERVICES OR IMPROVEMENTS; PROVIDING FOR THE SOLICI­TATION OF BIDS AND THE PREPARATION OF AN ASSESSMENT ROLL; DESCRIBING PROCEDURES FOR ADOPTION OF THE ASSESSMENT ROLL AND AWARD OF BID; PROVIDING FOR PAYMENT CONDITIONS; PROVIDING FOR THE IMPOSITION OF A LIEN ON PROPERTIES ASSESSED; DESCRIBING ENTITIES SUBJECT TO ASSESSMENT; PROVIDING FOR. THE CORREC­TION OF ERRORS OR ADJUSTMENTS IN AND TO THE FINAL ASSESSMENT ROLL; REQUIRING THE ACQUISITION OF RIGHT-OF-WAY; AUTHORIZING ANY ALTERNATIVE METHOD OF ASSESSMENT; PROVIDING FOR THE ABANDONMENT OF BOARD-APPROVED PROJECTS; ESTABLISHING MEANS AND METHODS FOR HANDLING INVALID ASSESSMENTS; ESTAB­LISHING MEANS AND METHODS FOR DEALING WITH PROCE­DURAL IRREGULARITIES; CREATING A NEW ARTICLE III RELATING TO TRAFFIC CALMING; AUTHORIZING THE CRE­ATION OF SECTION III OF CHAPTER 94 OF THE PASCO COUNTY CODE OF ORDINANCES; CITING THE STATUTORY AUTHORITY AND PURPOSE FOR ENACTMENT; PROVIDING FOR A METHOD OF SPECIAL ASSESSMENTS; DESCRIBING TRAFFIC CALMING DEVICES AND MEASURES WHICH MAY BE INSTALLED OR IMPLEMENTED; DELINEATING PREREQUISITES AND PROCEDURES FOR INSTALLATION AND IMPLEMENTA­TION WITH RESPECT TO LOCATION, MINIMUM WARRANTS, AND WARRANT STUDIES; LIMITING PETITIONS FOR REMOVAL OF INSTALLED TRAFFIC CALMING DEVICES AND MEASURES; LIMITING PETITIONS FOR REINSTALLATION OF REMOVED TRAFFIC CALMING DEVICES; PROVIDING FOR SEVERANCE; PROVIDING FOR MODIFICATIONS THAT MAY ARISE FROM CONSIDERATION AT PUBLIC HEARING; AND PROVIDING FOR AN EFFECTIVE DATE.

Memorandum CAO02-1236

Ordinance CAO02-1236

9.

DEPARTMENTAL MATTERS