BOARD OF COUNTY COMMISSIONERS, PASCO COUNTY, FLORIDA

REGULAR MEETING/REZONINGS

ANNOTATED AGENDA

PREPARED IN THE OFFICE OF

JED PITTMAN, CLERK OF THE CIRCUIT COURT

JULY 9, 2002

6:30 p.m. - West Pasco Government Center, Board Room,

7530 Little Road, New Port Richey, FL 34654‑5598

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

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1. CALL TO ORDER - 6:30 P.M.

INVOCATION }

PLEDGE OF ALLEGIANCE } LINDA DILLON, DEPUTY CLERK

ROLL CALL }

2. MINUTES AND FINANCIAL MATTERS

A. MINUTES

1. Approval

a. Regular Meeting/Rezoning of May 21, 2002

COMMISSIONER MULIERI MOVED APPROVAL; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.

2. Distribution

a. Work Session of May 7, 2002

b. Regular Meeting/Rezonings of May 29, 2002

c. Regular Meeting of June 4, 2002

d. Regular Meeting of June 11, 2002

e. Special Meeting of June 21, 2002

MS. DILLON NOTED DISTRIBUTION.

B. SPECIFIC APPROVALS

COMMISSIONER MULIERI MOVED APPROVAL; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.

C. GENERAL WARRANTS, PAYROLL REGISTERS, AND TRANSFER AUTHORIZATIONS

COMMISSIONER MULIERI MOVED APPROVAL; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.

3. CONSENT

CHAIRMAN HILDEBRAND INDICATED AGENDA ITEMS 3.B.1.c.(5), 3.D.1., AND 3.E.7.l. WERE WITHDRAWN BY THE COUNTY ADMINISTRATOR AND AGENDA ITEM 3.B.1.d.(1) WAS WITHDRAWN BY COMMISSIONER SCHRADER.

COMMISSIONER MULIERI MOVED APPROVAL OF THE CONSENT AGENDA WITH EXCEPTION OF THE WITHDRAWN ITEMS; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.

A. CONSTITUTIONAL OFFICERS

1. Clerk

a. Internal Audit Report on County's Agreements with Pasco County Visitors and Convention Bureau

Letter Dated June 7, 2002

RECOMMENDATION: Receive and file and direct County Administrator to implement Clerk's recommendations.

b. Tax Deed Applications

Letter Dated June 14, 2002

RECOMMENDATION: Receive and file.

c. Internal Audit Report on Year-End Inventories in the Fleet Management Division

Letter Dated June 20, 2002

RECOMMENDATION: Receive and file and direct County Administrator to implement recommendations of the Clerk.

2. Supervisor of Elections

a. Amended Proposed Budget for Fiscal Year 2002‑03

Letter Dated June 13, 2002

RECOMMENDATION: Receive and file.

B. DEVELOPMENT SERVICES BRANCH

1. Engineering Services

a. Engineering Design/Stormwater

(1) Accept Streets into County's Maintenance System ‑ Portion of Harpoon Drive and Front Drive; Comm. Dist. 3

Memorandum EDA02‑052

RECOMMENDATION: Approve as outlined.

(2) Assessment Adjustment ‑ Gulf Harbors Woodlands, PVAS No. 589; Comm. Dist. 3

Memorandum EDA02‑064

RECOMMENDATION: Approve as outlined.

b. Engineering Inspections

(1) Release Performance Guarantee ‑ Blackwell Properties, Inc. ‑ Reserve at Oak Ridge; Comm. Dist. 3

Memorandum ENIA02‑070

RECOMMENDATION: Approve as outlined.

(2) Release Performance Guarantee ‑ Skyland Development, Inc. ‑ Plantation Palms, Phase Three-B; Comm. Dist. 2

Memorandum ENIA02‑071

RECOMMENDATION: Approve as outlined.

c. Real Estate

(1) Agreement for Sale and Purchase ‑ Carlos Vega ‑ Port Hudson Access Road, Parcel 101; Comm. Dist. 5

Memorandum REA02‑071

RECOMMENDATION: Approve and authorize Chairman's signature.

(2) Agreement for Sale and Purchase ‑ Frencha Bradberry ‑ Tommytown Neighborhood Target Area Project, Parcel No. 5380L-AYO; Comm. Dist. 1

Memorandum REA02‑072

RECOMMENDATION: Approve and authorize Chairman's signature.

(3) Task Order No. RET02‑006 ‑ American Acquisition Group, Inc. ‑ Zephyr Creek Drainage Project, Section 23; Comm. Dist. 1

Memorandum REA02‑074

RECOMMENDATION: Approve and authorize Chairman's signature.

(4) Task Order No. RET02‑004 ‑ Omni Appraisal Group, P.A. ‑ C.R. 41/Fort King Highway at Daugherty Road; Comm. Dist. 1

Memorandum REA02‑075

RECOMMENDATION: Approve and authorize Chairman's signature.

WITHDRAWN

(5) Agreement for Sale and Purchase ‑ Frank P. Tait ‑ Tommytown Neighborhood Target Area Project, Parcel No. 4463-AYO; Comm. Dist. 1

Memorandum REA02‑078

RECOMMENDATION: Approve and authorize Chairman's signature.

d. Traffic Operations

WITHDRAWN

(1) Railroad Reimbursement Agreement ‑ Florida Department of Transportation ‑ Grade Crossing Traffic Control Devices and Future Responsibilities; Comm. Dist. 1

Memorandum TR02‑1502

RECOMMENDATION: Approve and authorize Chairman's signature.

2. Growth Management

a. Zoning/Code Compliance

(1) Code Compliance

(a) Lien Resolutions ‑ Property Maintenance Ordinance

Memorandum CC02‑102

RECOMMENDATION: Approve and authorize Chairman's signature.

(b) Lien Resolutions ‑ Property Maintenance Ordinance

Memorandum CC02‑104

RECOMMENDATION: Approve and authorize Chairman's signature.

Memorandum CC02‑106

RECOMMENDATION: Approve and authorize Chairman's signature.

C. PUBLIC SERVICES BRANCH

1. Community Services

a. Donation to Animal Control ‑ Carolina Logistics Services/Albertson's Grocery Store ‑ Dog and Cat Food; All Comm. Dists.

Memorandum CS02‑093

RECOMMENDATION: Approve and authorize Chairman's signature.

b. Elderly Nutrition Program

(1) Amendment No. 1 to Rate Agreement ‑ Area Agency on Aging of Pasco-Pinellas, Inc. ‑ Home-Delivered Meals; All Comm. Dists.

Memorandum ENP02‑075

RECOMMENDATION: Approve and authorize Chairman's signature.

c. Public Transportation

(1) Amendment No. 1 to Unit Rate Agreements ‑ Area Agency on Aging of Pasco-Pinellas, Inc. ‑ OAA-Pasco Transportation and LSP-Pasco Transportation; All Comm. Dists.

Memorandum PT02‑166

RECOMMENDATION: Approve and authorize Chairman's signature.

(2) Grant Application ‑ Florida Commission for the Transportation Disadvantaged ‑ Nonsponsored Planning Activities, Fiscal Year 2002-03; All Comm. Dists.

Memorandum PT02‑466

RECOMMENDATION: Approve and authorize Chairman's signature.

(3) Grant Application ‑ Florida Commission for the Transportation Disadvantaged ‑ Nonsponsored Trip and Equipment Purchases, Fiscal Year 2002-03; All Comm. Dists.

Memorandum PT02‑467

RECOMMENDATION: Approve and authorize Chairman's signature.

2. Parks and Recreation

a. Establishment of Change Fund ‑ Starkey Environmental Education Center; Comm. Dist. 4

Memorandum PRA02‑0685

RECOMMENDATION: Approve as outlined.

D. UTILITIES SERVICES BRANCH

WITHDRAWN

1. Revision No. 5 to Task Order No. 1-00 ‑ Camp Dresser & McKee Inc. ‑ Ash Cell A-3 and Solid Waste Cell SW-2; All Comm. Dists.

Memorandum UT02‑819

RECOMMENDATION: Approve and authorize Chairman's signature.

2. Territorial Transfer Agreement ‑ Mad Hatter Utility, Inc. ‑ Apex and Lake Talia Properties; Comm. Dist. 2

Memorandum UT02‑871

RECOMMENDATION: Approve and authorize Chairman's signature.

3. Utilities

a. Release Maintenance Guarantee ‑ Meadow Pointe II CDD ‑ Meadow Pointe, Parcel 17, Unit 3; Comm. Dist. 2

Memorandum UTD02‑747

RECOMMENDATION: Approve as outlined.

b. Accept Utility Improvements and Maintenance Guarantee ‑ Dove Run, Inc. ‑ Dove Run Project; Comm. Dist. 2

Memorandum UTD02‑825

RECOMMENDATION: Approve as outlined.

c. Accept Utility Improvements and Maintenance Guarantee ‑ U.S. Home Corporation ‑ Heritage Springs, Village 19, Unit 1; Comm. Dist. 3

Memorandum UTD02‑826

RECOMMENDATION: Approve as outlined.

d. Accept Utility Improvements and Maintenance Guarantee ‑ U.S. Home Corporation ‑ Heritage Springs, Village 18, Unit 1; Comm. Dist. 3

Memorandum UTD02‑828

RECOMMENDATION: Approve as outlined.

e. Accept Utility Improvements and Maintenance Guarantee ‑ Skyland Development, Inc. ‑ Plantation Palms, Phase 3C; Comm. Dist. 2

Memorandum UTD02‑837

RECOMMENDATION: Approve as outlined.

f. Change Order No. 1 ‑ Beach Construction Company, Inc. ‑ Shady Hills Sludge Facility Conveyor Modifications; Comm. Dist. 2

Memorandum UTD02‑839

RECOMMENDATION: Approve and authorize Chairman's signature.

g. Revision No. 1 to Task Order No. 1‑00 ‑ Parsons Engineering Science, Inc. ‑ S.R. 54 (Mitchell Road to Gunn Highway) Utility Adjustment/Relocation Plans; Comm. Dist. 3

Memorandum UTD02‑841

RECOMMENDATION: Approve and authorize Chairman's signature.

h. Revision No. 1 to Task Order No. 8-00 ‑ King Engineering Associates, Inc. ‑ Lake Jovita Water Treatment Plant Filter Improvements; Comm. Dist. 1

Memorandum UTD02‑845

RECOMMENDATION: Approve and authorize Chairman's signature.

i. Revision No. 2 to Task Order No. 5‑00 ‑ King Engineering Associates, Inc. ‑ Shady Hills Sludge Facility Conveyor Modification; Comm. Dist. 2

Memorandum UTD02‑847

RECOMMENDATION: Approve and authorize Chairman's signature.

j. Revision No. 1 to Task Order No. 6‑00 ‑ King Engineering Associates, Inc. ‑ Sunburst Hills Water System Improvements; Comm. Dist. 1

Memorandum UTD02‑848

RECOMMENDATION: Approve and authorize Chairman's signature.

k. Change Order No. 1 ‑ Garney Construction, Inc. ‑ West Central Reuse Interconnect and Storage Booster Station; Comm. Dists. 2 and 3

Memorandum UTD02‑857

RECOMMENDATION: Approve and authorize Chairman's signature.

4. Utilities Fiscal Services/Special Projects

a. Lien Resolutions ‑ 2000 Solid Waste Disposal Assessments; All Comm. Dists.

Memorandum UTFSSP02‑568

RECOMMENDATION: Approve and authorize Chairman's signature.

b. Request Payment of Invoices ‑ Qore Property Sciences, f.k.a. Atlanta Testing and Engineering, Inc. ‑ General Technical Support Capital Services; All Comm. Dists.

Memorandum UTFSSP02‑586

RECOMMENDATION: Approve as outlined.

E. OFFICE OF MANAGEMENT AND BUDGET

1. Request to Rescind Economic Development Grant ‑ Watra Church Goods Company ‑ Transportation Impact Fees

Memorandum OMB02‑047

RECOMMENDATION: Approve.

2. Law Enforcement Block Grant ‑ Fiscal Year 2002; All Comm. Dists.

Memorandum OMB02‑053

RECOMMENDATION: Approve as outlined.

3. Request Correction to Agenda Outline and Annotated Agenda May 7, 2002

Memorandum OMB02‑056

RECOMMENDATION: Approve as outlined.

4. Grant-in-Aid Agreement ‑ Office of the State Courts Administrator ‑ Model Family Court Pilot Grant; All Comm. Dists.

Memorandum OMB02‑057

RECOMMENDATION: Approve and authorize Chairman's signature.

5. Community Development

a. Addendum No. 1 to Emergency Shelter Grant Program Agreement ‑ Connections Job Development Corporation ‑ Employment Training and Job Placement; Comm. Dist. 4

Memorandum CD02‑251

RECOMMENDATION: Approve and authorize Chairman's signature.

6. Information Management

a. Personal Computer Dial-Up System Agreements ‑ City of Zephyrhills Police Department, Mary's Bonding Agency, Inc., and Professional Investigative Group

Memorandum IM02‑32

RECOMMENDATION: Approve and authorize Chairman's signature.

7. Purchasing

a. Increase Purchase Order No. 122217 ‑ Data Scope Corporation ‑ Defibrillator Repairs ‑ $15,000.00

Memorandum PU02‑351

RECOMMENDATION: Approve.

b. Increase Purchase Order No. 123492 ‑ Fisher Scientific ‑ Laboratory Supplies ‑ $8,000.00

Memorandum PU02‑352

RECOMMENDATION: Approve.

c. Purchase Request ‑ Emergency Vehicle Pre-emption Equipment ‑ Temple, Inc. ‑ $127,344.15

Memorandum PU02‑353

RECOMMENDATION: Approve.

d. Increase Purchase Order No. 121816 ‑ Dade City Auto and Equipment Parts, Inc. ‑ Maintenance Materials ‑ $5,000.00

Memorandum PU02‑362

RECOMMENDATION: Approve.

e. Increase Purchase Order No. 122840 ‑ Columbia Propane ‑ Propane Gas ‑ $15,000.00

Memorandum PU02‑365

RECOMMENDATION: Approve.

f. Increase Purchase Order No. 125381 ‑ Heintzelman's Truck Center ‑ Eight 10-Wheel Dump Trucks ‑ $509,208.00

Memorandum PU02‑369

RECOMMENDATION: Approve.

g. Increase Purchase Order No. 125444 ‑ Freedom Ford ‑ Dual Rear Wheel 1.5-Ton Truck ‑ $32,366.00

Memorandum PU02‑370

RECOMMENDATION: Approve.

h. Bid No. 01‑041F

Item: 4,000-Gallon Highway Water Truck

Department: Road and Bridge

Vendor: Freightliner of Tampa

Amount: $76,995.67

Memorandum PU02‑377

RECOMMENDATION: Approve.

i. Bid No. 02‑044F

Item: 1.5-Ton Dual Rear Wheel Truck

Department: Road and Bridge

Vendor: Freedom Ford

Amount: $45,722.00

Memorandum PU02‑376

RECOMMENDATION: Approve.

j. Bid No. 02‑048A

Item: Fire Service Water Tanker Truck

Department: Emergency Services

Vendor: American LaFrance Ocala

Amount: $202,893.00

Memorandum PU02‑357

RECOMMENDATION: Approve.

k. Reject Bid No. 02‑050A

Item: Building Addition to Fire Station No. 20

Department: Emergency Services

Memorandum PU02‑364

RECOMMENDATION: Reject bid.

WITHDRAWN

l. Bid No. 02‑054F

Item: Forklift Trucks

Division: Fleet Management

Vendor: National Lift Truck Service

Amount: $30,950.00

Memorandum PU02‑350

RECOMMENDATION: Approve.

m. Bid No. 02‑056F

Item: Diesel Generators

Branch/Section: Utilities Services/Solid Waste and Resource Recovery

Vendor: Leedy Electric Corporation

Amount: $80,730.00

Memorandum PU02‑355

RECOMMENDATION: Approve.

n. Bid No. 02‑058F

Item: Industrial Recoating (Painting)

Department: Utilities

Vendor: Thassos Enterprises, Inc.

Amount: $25,578.00

Memorandum PU02‑348

RECOMMENDATION: Approve.

o. Reject Bid No. 02‑060F

Item: Generator Repairs

Department: Utilities

Memorandum PU02‑379

RECOMMENDATION: Reject bids.

p. Bid No. 02‑062F

Item: Traffic Signal Modules

Division: Traffic Operations

Vendor: Temple, Inc.

Amount: $55,336.78

Memorandum PU02‑378

RECOMMENDATION: Approve.

8. Budgeting

a. Budget Amendments

(1) BA02‑167 Transfer Within the General Fund, Reserves to Interfund Transfers for Prior-Year Encumbrances that Were Not Carried Forward but Previously Budgeted for - $165,263.00

(2) BA02‑168 Transfer Within the General Fund from Reserves to Court Reporters to Fund Hearing/Attendance Costs per Request from Court Administration - $60,000.00

(3) BA02‑169 Transfer Within the Transportation Impact Fee ‑ 6/Reserves to Appropriate Funds for the Redistribution of Funds for the Handcart Road Project as Approved by the Board on March 5, 2002 - $998,715.10

(4) BA02‑173 Resolution Increasing Anticipated Revenues Within the U.S. Department of Justice Fund - $2,893.75

(5) BA02‑174 Transfer Within the Guaranteed Entitlement Interest and Sinking Fund/Debt Service Revenue Bonds to Appropriate Funds for Other Debt Service Costs for the Remainder of Fiscal Year 2002 - $1,000.00

4. COMMISSIONERS' ITEMS

A. CHAIRMAN HILDEBRAND

1. Presentation by Jennifer Seney – Elamp

MS. JAN MCLEAN AND MS. JENNIFER SENEY GAVE A PRESENTATION REGARDING ELAMP AND REQUESTED A RESOLUTION BE BROUGHT BACK BEFORE THE BOARD ON AUGUST 13, 2002, 6:30 P.M., DADE CITY.

COMMISSIONER MULIERI MOVED TO BRING BACK A FORMAL RESOLUTION ON AUGUST 13, 2002, 6:30 P.M., DADE CITY, AND DIRECTED STAFF TO RESEARCH THE ITEM AND BRING INFORMATION BACK BEFORE THE BOARD PRIOR TO THE AUGUST 13^TH MEETING.

2. Resolution Supporting the State of Florida Department of Agriculture's Efforts to Eradicate the Citrus Canker Threat Throughout the State of Florida

Memorandum CAO02‑0078

COMMISSIONER SCHRADER MOVED ADOPTION; COMMISSIONER MULIERI SECONDED; MOTION CARRIED.

B. COMMISSIONER MULIERI

1. Resolution Congratulating Tanya Leis on Receiving the Paul Kaplan Leadership Award

COMMISSIONER MULIERI MOVED ADOPTION; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.

5. CONSTITUTIONAL OFFICERS

A. SUPERVISOR OF ELECTIONS

1. Approval of Precinct Boundaries

Letter Dated June 21, 2002

COMMISSIONER MULIERI MOVED APPROVAL; COMMISSIONER SCHRADER AND COMMISSIONER ALTMAN SECONDED; MOTION CARRIED.

ADDENDUM

2. Memorandum of Agreement – State of Florida, Department of State, Division of Elections – Voting System Funding

Letter Dated July 3, 2002

COMMISSIONER MULIERI MOVED APPROVAL; COMMISSIONER ALTMAN SECONDED; MOTION CARRIED.

6. PUBLIC HEARINGS AND TIME CERTAIN ITEMS

A. PROPOSED ORDINANCES

1. AN ACT TO BE ENTITLED AN ORDINANCE OF PASCO COUNTY, FLORIDA, AMENDING ORDINANCE NO. 02‑02 AND AMENDING SECTION 311, RIGHT-OF-WAY USE PERMITS, OF THE PASCO COUNTY LAND DEVELOPMENT CODE, ORDINANCE 89‑21, AS AMENDED; PROVIDING FOR AUTHORITY AND POWER; PROVIDING FOR RECITALS; PROVIDING FOR AMENDMENTS TO SECTION 311.11.E. RELATING TO SPECIFIC POLICIES AND REQUIREMENTS FOR BENCHES WITHIN PUBLIC RIGHTS-OF-WAY; PROVING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR MODIFICATION THAT MAY ARISE FROM CONSIDERATION OF THE ORDINANCE AT PUBLIC HEARING; AND PROVIDING FOR AN EFFECTIVE DATE.

Memorandum CAO02‑2495

Final Hearing

COMMISSIONER MULIERI MOVED TO RECEIVE AND FILE INFORMATION PRESENTED BY MR. DENNIS SMITH; COMMISSIONER SIMON SECONDED; MOTION CARRIED.

COMMISSIONER ALTMAN MOVED APPROVAL WITH THE CHANGES READ INTO THE RECORD BY MS. WILHITE; COMMISSIONER MULIERI SECONDED; MOTION CARRIED UNANIMOUSLY ON A ROLL CALL VOTE.

B. PUBLIC HEARINGS

1. Bench Agreement Between Pasco County and James E. Sigler and Rebecca M. Sigler d/b/a Sigler Signs

Memorandum CAO02‑0510

COMMISSIONER MULIERI MOVED APPROVAL OF STAFF’S RECOMMENDATION WITH A CHANGE TO PARAGRAPH FIVE REGARDING SALES TAX AND FOR THE CONTRACT TO BE EXECUTED NO LATER THAN JULY 24, 2002; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.

2. Bench Agreement Between Pasco County and Metropolitan Systems, Inc.

Memorandum CAO02‑0511

COMMISSIONER MULIERI MOVED APPROVAL OF STAFF’S RECOMMENDATION WITH A CHANGE TO PARAGRAPH FIVE REGARDING SALES TAX; COMMISSIONER SIMON SECONDED; MOTION CARRIED.

3. Board of County Commissioners as Local Planning Agency ‑ Development Agreement ‑ Wesley Chapel Lakes Development of Regional Impact; Comm. Dist. 2

Memorandum GM02‑1065

(Continued from April 10, April 16, April 23, May 7, May 29, and June 18, 2002)

(To Be Continued to July 30, 2002)

COMMISSIONER MULIERI MOVED TO CONTINUE TO JULY 30, 2002, 9:30 A.M., NEW PORT RICHEY; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.

4. Development of Regional Impact/Notice of Proposed Change ‑ Wesley Chapel Lakes; Comm. Dist. 2

Memorandum GM02‑1066

(Continued from September 18, October 16, November 14, December 11, 2001; and February 19, March 26, April 16, May 7, May 29, and June 18, 2002)

(To Be Continued to July 30, 2002)

COMMISSIONER MULIERI MOVED TO CONTINUE TO JULY 30, 2002, 9:30 A.M., NEW PORT RICHEY; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.

5. Development Agreement ‑ Wesley Chapel Lakes Development of Regional Impact; Comm. Dist. 2

Memorandum GM02‑1067

(Continued from April 16, April 23, May 7, May 29, and June 16, 2002)

(To Be Continued to July 30, 2002)

COMMISSIONER MULIERI MOVED TO CONTINUE TO JULY 30, 2002, 9:30 A.M., NEW PORT RICHEY; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.

6. Rezonings

Memorandum ZN02‑172

CONTINUATION

RZ-5920, LENHARDT FAMILY LAND TRUST

FROM R-4 TO MF-1

COMMISSIONER MULIERI MOVED TO CONTINUE TO JULY 30, 2002, 9:3O A.M., NEW PORT RICHEY; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.

CONSENT AGENDA

CU02-17, HILLTOP LITTLE, LC, AND COLONIAL GOLDENROD/7-ELEVEN STORE NO. 32611

FROM C-2 TO CU FOR THE SALE OF ALCOHOLIC BEVERAGES, (2APS),

BEER & WINE ONLY, PACKAGE SALES ONLY, IN CONJUNCTION WITH THE OPERATION

OF A CONVENIENCE STORE W/GAS PUMPS IN A C-2 GENERAL COMMERCIAL DISTRICT

CU02-12, OLYMPIA DEVELOPMENT ROUP, INC., AND E & G LOWRY LIVING TRUST/HESS EXPRESS

FROM C-2 TO CU FOR THE SALE OF ALCOHOLIC BEVERAGES, (2APS),

BEER & WINE ONLY, PACKAGE SALES ONLY, IN CONJUNCTION WITH

THE OPERATION OF A CONVENIENCE STORE W/GAS PUMPS IN A C-2

GENERAL COMMERCIAL DISTRICT

COMMISSIONER SIMON MOVED APPROVAL OF THE CONSENT AGENDA; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.

REGULAR AGENDA

RZ-5917, M/I HOMES, INC./PARKER POINTE PUD PLANNED UNIT DEVELOPMENT

FROM PUD TO PUD AMENDMENT

COMMISSIONER MULIERI MOVED APPROVAL OF STAFF’S RECOMMENDATION; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.

RZ-5923, SCHICKENDANZ BROTHERS – PINELLAS, LTD./WYNDTREE MPUD

MASTER PLANNED UNIT DEVELOPMENT

FROM MPUD & C-2 TO MPUD

COMMISSIONER SIMON MOVED APPROVAL OF STAFF’S RECOMMENDATION; COMMISSIONER MULIERI SECONDED; MOTION CARRIED.

RZ-5921, GARY F. QUEEN, TRUSTEE

FROM MF-1 TO R-4

COMMISSIONER SIMON MOVED APPROVAL OF STAFF’S RECOMMENDATION; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.

RZ-5922, GARY F. QUEEN, TRUSTEE

FROM MF-1 TO R-4

COMMISSIONER SIMON MOVED APPROVAL OF STAFF’S RECOMMENDATION; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.

CU02-16, LARRY E. AND LAURA JONES

FROM R-4 TO CU FOR A RESIDENTIAL TREATMENT & CARE FACILITY

FOR 16 RESIDENTS IN AN R-4 DISTRICT

COMMISSIONER MULIERI MOVED APPROVAL OF STAFF’S RECOMMENDATION WITH A CAP OF 14 RESIDENTS AND WITH AN ADDITIONAL CONDITION TO INCORPORATE THE STATE REGULATIONS; COMMISSIONER ALTMAN SECONDED; MOTION CARRIED.

C. MISCELLANEOUS MATTERS

None Scheduled

7. COMMITTEE REPORTS AND MISCELLANEOUS OLD BUSINESS

A. COMMITTEE REPORTS

None Scheduled

DISTRICT ONE – COMMISSIONER SCHRADER

NO ITEMS.

DISTRICT TWO – COMMISSIONER MULIERI

1. COMMISSIONER MULIERI STATED THERE WOULD BE A RIBBON CUTTING CEREMONY FOR THE NEW BIKE PATH AT THE CONCOURSE ON AUGUST 17^THAND THE BOARD WAS INVITED. SHE WILL BRING BACK MORE INFORMATION.

2. COMMISSIONER MULIERI MOVED TO APPOINT MR. CAL BRANCH TO THE PLANNING COMMISSION; COMMISSIONER SIMON SECONDED; MOTION CARRIED.

3. COMMISSIONER MULIERI MOVED TO APPOINT MR. DOUG KING AS AN ALTERNATE MEMBER ON THE PLANNING COMMISSION; COMMISSIONER SIMON SECONDED; MOTION CARRIED.

DISTRICT FOUR – COMMISSIONER SIMON

NO ITEMS.

DISTRICT FIVE – COMMISSIONER ALTMAN

1. COMMISSIONER ALTMAN MOVED TO REAPPOINT MR. DICK BOEHNING TO THE TOURIST DEVELOPMENT COUNCIL; COMMISSIONER MULIERI SECONDED; MOTION CARRIED.

COUNTY ADMINISTRATOR

NO ITEMS.

COUNTY ATTORNEY

1. MS. BARBARA WILHITE INTRODUCED MS. PAMELA JO HATLEY, A LEGAL EXTERN WHO WAS ATTENDING LAW SCHOOL IN GAINESVILLE, AND WHO WOULD BE WORKING IN THE COUNTY ATTORNEY’S OFFICE DURING THE SUMMER.

CLERK TO THE BOARD

NO ITEMS.

DISTRICT THREE – CHAIRMAN HILDEBRAND

1. COMMISSIONER MULIERI MOVED TO APPOINT MS. MARILYN KIRSCHNER TO THE AFFORDABLE HOUSING COMMISSION; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.

2. COMMISSIONER SCHRADER MOVED TO REAPPOINT MR. GARY BLACKWELL TO THE PLANNING COMMISSION; COMMISSIONER ALTMAN SECONDED; MOTION CARRIED.

B. MISCELLANEOUS OLD BUSINESS

1. Water Issues

WATER ISSUES: THERE WOULD BE A TAMPA BAY WATER MEETING ON JULY 22, 2002. THE WORKSHOP WAS CANCELLED FOR NEXT WEEK AND WOULD BE RESCHEDULED. SOME OF THE PROJECTS WERE BEING DELAYED BECAUSE OF ALL THE RAIN.

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, 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 CAO02‑3226

COMMISSIONER SCHRADER MOVED APPROVAL OF STAFF’S RECOMMENDATION, WHICH WAS TO ADVERTISE THE ORDINANCE FOR JULY 16, 2002, 9:30 A.M., DADE CITY AND JULY 30, 2002, 9:30 A.M., NEW PORT RICHEY AND THAT THE ORDINANCE BE APPROVED WITH A FOUR FIFTHS VOTE; COMMISSIONER MULIERI SECONDED; MOTION CARRIED.

9. DEPARTMENTAL MATTERS

A. LEGISLATIVE/ADMINISTRATIVE

1. County Administrator

a. Presentation of the Proposed Fiscal Year 2002‑03 Budget

MR. GALLAGHER AND MR. NURRENBROCK PRESENTED THE PROPOSED BUDGET TO THE BOARD. THE FIRST PUBLIC HEARING WOULD BE HELD SEPTEMBER 11, 2002 IN DADE CITY.

COMMISSIONER MULIERI MOVED TO RECEIVE AND FILE THE PROPOSED BUDGET; COMMISSIONER SIMON SECONDED; MOTION CARRIED.

b. Task Order No. RET02‑007 ‑ American Acquisition Group, Inc. ‑ Land O' Lakes Park Expansion Project, Section 29; Comm. Dist. 2

Memorandum REA02‑085

COMMISSIONER MULIERI MOVED APPROVAL OF STAFF’S RECOMMENDATION; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.

B. DEVELOPMENT SERVICES BRANCH

1. Growth Management

a. MPUD Master Planned Unit Development ‑ Suncoast Meadows; Comm. Dist. 2

Memorandum GM02‑1063

COMMISSIONER MULIERI MOVED TO CONTINUE TO AUGUST 6, 2002, 9:30 A.M., NEW PORT RICHEY; COMMISSIONER SCHRADER AND COMMISSIONER SIMON SECONDED; MOTION CARRIED.

C. OFFICE OF MANAGEMENT AND BUDGET

1. Review of Budgets for Constitutional Officers ‑ Fiscal Year 2002-03; All Comm. Dists.

Memorandum OMB02‑052

COMMISSIONER ALTMAN MOVED TO DIRECT MR. NURRENBROCK TO REVIEW THE CONSTITUTIONAL OFFICERS’ BUDGETS; COMMISSIONER SIMON SECONDED; MOTION CARRIED.

10. MISCELLANEOUS PAPERS, PETITIONS, AND REPORTS

A. DEPARTMENTAL FOLLOW-UP PER BOARD REQUEST

1. Ninth-Cent Fuel Tax Follow Up

Memorandum FM02‑137

INFORMATION ONLY. NO ACTION TAKEN.

2. 2001 Annual Report ‑ District 6 Medical Examiner Office

Letter Dated June 4, 2002

INFORMATION ONLY. NO ACTION TAKEN.

3. Attendance Report ‑ Construction/Licensing Board of Adjustments and Appeals and Construction Code Enforcement Board; All Comm. Dists.

Memorandum DV02‑193

INFORMATION ONLY. NO ACTION TAKEN.

4. Annotated Agenda for June 6, 2002 ‑ Development Review Committee; All Comm. Dists.

Memorandum DR02‑1154

INFORMATION ONLY. NO ACTION TAKEN.

5. Annotated Agenda for June 20, 2002 ‑ Development Review Committee; All Comm. Dists.

Memorandum DR02‑1220

INFORMATION ONLY. NO ACTION TAKEN.

6. Allowance Authorization Release ‑ Grubbs Construction ‑ Handcart Road Projects; Comm. Dist. 1

Memorandum ENA02‑007

INFORMATION ONLY. NO ACTION TAKEN.

7. Attendance Report ‑ Planning Commission Meetings ‑ April-June 2002; All Comm. Dists.

Memorandum ZN02‑200

INFORMATION ONLY. NO ACTION TAKEN.

8. Service Status Report ‑ Pasco County Public Transportation - Transit-Fixed Route; All Comm. Dists.

Memorandum PT02‑464

INFORMATION ONLY. NO ACTION TAKEN.

B. MOTIONS

1. Resignation by Gilliam Clarke from the Pasco County Planning Commission

COMMISSIONER MULIERI MOVED TO ACCEPT THE RESIGNATION AND DIRECTED STAFF TO SEND A THANK YOU LETTER; COMMISSIONER SIMON SECONDED; MOTION CARRIED.

C. NOTED ITEMS AGENDA ITEMS 10.C.1. THROUGH 10.C.12.dd.(6) WERE NOTED.

1. Heritage Pines Community Development District Proposed Budget ‑ Fiscal Year 2003.

2. Heritage Springs Community Development District Proposed Budget ‑ Fiscal Year 2002.

3. Notice of Application for a Transfer of Assets and Certificate Nos. 616-W and 530‑S Legal Notice, Received on June 5, 2002.

4. Letter from Lawrence J. Gordon, Jr., U.S. Department of Housing and Urban Development, Dated June 7, 2002, RE: Amendment to Consolidated Plan and 2001 Action Plan Deleting Skateboard Park in New Port Richey and Adding Funds to Missouri Avenue Drainage Improvements.

5. Letter from the Department of Environmental Protection Dated June 10, 2002, RE: Florida Greenways and Trails Program.

6. Florida Public Service Commission Notice of Commission Workshop Issued June 12, 2002, RE: Docket No. 011605-EI.

7. Letter from the Florida Department of Transportation Dated June 13, 2002, RE: S.R. 54 Public Involvement Meeting, Corrected Information.

8. Highlands Road and Bridge District, Proposed Administrative and Operational Budget for Fiscal Year 2002-03, Dated June 15, 2002.

9. Legal Notice Dated June 25, 2002, RE: Application of Florida Water Services Corporation for an Original Certificate of Authorization.

10. Florida Public Service Commission Notice of Adoption of Rule Amendment, Issued June 27, 2002, RE: Docket No. 02‑0095-EU.

11. Minutes:

a. Heritage Springs Community Development District Board Meeting of February 18, 2002.

b. Heritage Pines Community Development District Board Meeting of February 19, 2002.

c. Northwood Community Development District Board Meeting of March 12, 2002.

d. Lake Bernadette Community Development District Board Meeting of March 19, 2002.

e. Northwood Community Development District Reconvened on March 22, 2002.

f. Southwest Florida Water Management District Coastal Rivers Basin Board Meeting of April 9, 2002.

g. Southwest Florida Water Management District Pinellas-Anclote River Basin Board Meeting of April 10, 2002.

h. Tampa Bay Water Board of Directors Meeting of April 15, 2002.

i. Southwest Florida Water Management District Governing Board Meetings of April 23 and 24, 2002.

j. Tampa Bay Water Board of Directors Meeting of May 20, 2002.

k. Citizens' Advisory Committee Workshop Meeting of June 10, 2002.

12. Noted on File in Secretarial Services:

a. Letter to June R. VanCamp RE: Special Exception 5206.

b. Copy of Easement for Right-of-Way and Utilities, Corporation, Adam Smith Enterprises, Inc., O.R. 4945, Pg. 75.

c. Warranty Deed, Felton J. Byrd, O.R. 4968, Pg. 955.

d. Order to Deny, Special Exception Application No. 5898, Myrtle N. Tucker.

e. Order, Special Exception Application No. 5900, Tommy Alston, Terry Alston, and Judy Alston Hill.

f. Rezoning Resolution 02‑29RZ, Rezoning 5869, Board of County Commissioners Meeting of April 2, 2002.

g. Order, Variance Application No. 1681, William S. Walsingham, Development Review Committee Meeting of May 16, 2002.

h. Order, Variance Application No. 1682, Douglas A. and Diane L. Bowen, Development Review Committee Meeting of May 16, 2002.

i. Order, Variance Application No. 1683, Maria V. Adams, Development Review Committee Meeting of May 16, 2002.

j. Order, Variance Application No. 1684, Johnnie D. Anderson, Jr., Development Review Committee Meeting of May 16, 2002.

k. Order, Variance Application No. 1685, Bernhart R. and Patricia Schumann, Development Review Committee Meeting of May 16, 2002.

l. Rezoning Resolution 02‑42RZ, Rezoning 5903, Board of County Commissioners Meeting of May 21, 2002.

m. Rezoning Resolution 02‑43RZ, Rezoning 5906, Board of County Commissioners Meeting of May 21, 2002.

n. Rezoning Resolution 02‑44RZ, Rezoning 5907, Board of County Commissioners Meeting of May 21, 2002.

o. Rezoning Resolution 02‑45RZ, Rezoning 5908, Board of County Commissioners Meeting of May 21, 2002.

p. Rezoning Resolution 02‑46RZ, Rezoning 5910, Board of County Commissioners Meeting of May 21, 2002.

q. Rezoning Resolution 02‑47RZ, Conditional Use CU02‑11, Board of County Commissioners Meeting of May 21, 2002.

r. Rezoning Resolution 02‑48RZ, Conditional Use CU02‑14, Board of County Commissioners Meeting of May 21, 2002.

s. Rezoning Resolution 02‑49RZ, Rezoning 5902, Board of County Commissioners Meeting of May 29, 2002.

t. Rezoning Resolution 02‑50RZ, Rezoning 5904, Board of County Commissioners Meeting of May 29, 2002.

u. Rezoning Resolution 02‑51RZ, Rezoning 5909, Board of County Commissioners Meeting of May 29, 2002.

v. Rezoning Resolution 02‑52RZ, Rezoning 5912, Board of County Commissioners Meeting of May 29, 2002.

w. Rezoning Resolution 02‑53RZ, Rezoning 5913, Board of County Commissioners Meeting of May 29, 2002.

x. Rezoning Resolution CU02‑54RZ, Conditional Use CU02‑10, Board of County Commissioners Meeting of May 29, 2002.

y. Rezoning Resolution 02‑55RZ, Conditional Use CU02‑13, Board of County Commissioners Meeting of May 29, 2002.

z. Rezoning Resolution 02‑56RZ, Conditional Use CU02‑15, Board of County Commissioners Meeting of May 29, 2002.

aa. Notice to Proceed, Grubbs Construction Company, Inc., Moog Road, Board of County Commissioners approved on March 5, 2002, Dated June 3, 2002.

bb. Letter to Division of Bond Finance, State Board of Administration RE: Oakstead Community Development District Capital Improvement Revenue Bonds, Series 2002A and 2002B, Letter Dated June 17, 2002.

cc. Agendas:

(1) District School Board of Pasco County, June 18, 2002.

(2) Southwest Florida Water Management District, June 25 and 26, 2002.

(3) District School Board of Pasco County, July 2, 2002.

dd. Minutes:

(1) Citizens Ordinance Review Committee, January 9, 2002.

(2) Citizens Ordinance Review Committee, January 16, 2002.

(3) Citizens Ordinance Review Committee, February 1, 2002.

(4) Citizens Ordinance Review Committee, March 13, 2002.

(5) Planning Commission Meeting of April 10, 2002.

(6) Citizens Ordinance Review Committee, May 15, 2002.

11. PUBLIC COMMENT

1. MS. WANDA CHASNOFF SPOKE REGARDING STORM DRAIN PROBLEMS IN THE ADELL GARDENS AREA.

12. ADJOURN

THE BOARD ADJOURNED AT 8:34 P.M.

prepared by: cms