BOARD OF COUNTY COMMISSIONERS, PASCO COUNTY, FLORIDA
REGULAR MEETING/WORK SESSION
ANNOTATED AGENDA
PREPARED IN THE OFFICE OF
JED PITTMAN, CLERK OF THE CIRCUIT COURT
JULY 16, 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
vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv
1. CALL TO ORDER - 9:30 A.M.
INVOCATION }
PLEDGE OF ALLEGIANCE } LINDA DILLON, DEPUTY CLERK
ROLL CALL }
2. MINUTES AND FINANCIAL MATTERS
A. MINUTES
1. Approval
a. Regular Meeting/Work Session of May 7, 2002
b. Regular Meeting/Rezonings of May 29, 2002
c. Regular Meeting/Work Session of June 4, 2002
d. Regular Meeting of June 11, 2002
e. Special Meeting of June 21, 2002
COMMISSIONER MULIERI MOVED APPROVAL; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.
2. Distribution
None Scheduled
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
COMMISSIONER MULIERI MOVED APPROVAL OF THE CONSENT AGENDA WITH EXCEPTION OF THE WITHDRAWN AGENDA ITEM; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.
A. CONSTITUTIONAL OFFICERS
1. Sheriff
a. Expenditures for Director of Forfeitures ‑ $12,034.68
Letter Dated July 1, 2002
RECOMMENDATION: Approve as outlined.
2. Tax Collector
a. Request Reimbursement of Postage Cost ‑ Tax Notices for Fiscal Year 2001‑02 ‑ $46,098.41
Letter Dated June 28, 2002
RECOMMENDATION: Approve as outlined.
b. Invoice for Cost of Collection, Williamsburg Assessment for 2001 Tax Year ‑ $624.86
Letter Dated June 28, 2002
RECOMMENDATION: Approve as outlined.
B. DEVELOPMENT SERVICES BRANCH
1. Engineering Services
a. Engineering Design/Stormwater
(1) Modification No. 3 to Hazard Mitigation Grant Agreement ‑ Florida Department of Community Affairs ‑ Dean Dairy Road Drainage Improvement Project; Comm. Dists. 1 and 2
Memorandum EDA02‑056
RECOMMENDATION: Approve as outlined.
(2) Interlocal Agreement ‑ City of Dade City ‑ Cost Sharing of Pollutant Load Analysis; All Comm. Dists.
Memorandum EDA02‑057
RECOMMENDATION: Approve and authorize Chairman's signature.
(3) Interlocal Agreement ‑ City of Zephyrhills ‑ Cost Sharing of Pollutant Load Analysis; All Comm. Dists.
Memorandum EDA02‑058
RECOMMENDATION: Approve and authorize Chairman's signature.
(4) Interlocal Agreement ‑ City of San Antonio ‑ Cost Sharing of Pollutant Load Analysis; All Comm. Dists.
Memorandum EDA02‑060
RECOMMENDATION: Approve and authorize Chairman's signature.
(5) Interlocal Agreement ‑ Town of St. Leo ‑ Cost Sharing of Pollutant Load Analysis; All Comm. Dists.
Memorandum EDA02‑061
RECOMMENDATION: Approve and authorize Chairman's signature.
(6) Interlocal Agreement ‑ City of Port Richey - Cost Sharing of Pollutant Load Analysis; All Comm. Dists.
Memorandum EDA02‑062
RECOMMENDATION: Approve and authorize Chairman's signature.
(7) Interlocal Agreement ‑ City of New Port Richey ‑ Cost Sharing of Pollutant Load Analysis; All Comm. Dists.
Memorandum EDA02‑063
RECOMMENDATION: Approve and authorize Chairman's signature.
(8) Modification No. 3 to Hazard Mitigation Grant Agreement ‑ Florida Department of Community Affairs ‑ Morris Bridge Road Elevation and Drainage Improvement Project; Comm. Dists. 1 and 2
Memorandum EDA02‑066
RECOMMENDATION: Approve and authorize Chairman's signature.
(9) Modification No. 3 to Hazard Mitigation Grant Agreement ‑ Florida Department of Community Affairs ‑ Phelps Road Drainage Improvement Project; Comm. Dist. 1
Memorandum EDA02‑067
RECOMMENDATION: Approve and authorize Chairman's signature.
b. Engineering Inspections
(1) Release Maintenance Guarantee and Accept Streets and Stormwater System ‑ Ryland Communities, Inc. ‑ Preserve at Fairway Oaks; Comm. Dist. 5
Memorandum ENIA02‑072
RECOMMENDATION: Approve as outlined.
(2) Release Performance Guarantee ‑ U.S. Home Corporation ‑ Heritage Pines, Village 15; Comm. Dist. 5
Memorandum ENIA02‑073
RECOMMENDATION: Approve as outlined.
c. Project Management
(1) Joint Project Agreement ‑ Aloha Utilities, Inc. ‑ Little Road, Phase IIIA; Comm. Dists. 3 and 4
Memorandum PMA02‑035
RECOMMENDATION: Approve and authorize Chairman's signature.
d. Real Estate
(1) Resolution Canceling Taxes ‑ Felton J. Byrd ‑ Tommytown Neighborhood Target Area, Parcel No. 4702A‑AYO; Comm. Dist. 1
Memorandum REA02‑073
RECOMMENDATION: Approve and authorize Chairman's signature.
(2) Task Order No. RET02‑005 ‑ Omni Appraisal Group, P.A. ‑ Kaul Orchards Parcel Project; Comm. Dist. 1
Memorandum REA02‑076
RECOMMENDATION: Approve and authorize Chairman's signature.
(3) Agreement for Sale and Purchase ‑ Frank P. Tait ‑ Tommytown Neighbor-hood Target Area Project, Parcel No. 4463‑AYO; Comm. Dist. 1
Memorandum REA02‑078
RECOMMENDATION: Approve and authorize Chairman's signature.
(4) Special Warranty Deed and Resolution Canceling Taxes ‑ DEVCO IV, LLC ‑ Oakstead Boulevard (Pump Station Site); Comm. Dist. 2
Memorandum REA02‑081
RECOMMENDATION: Approve and authorize Chairman's signature.
(5) Agreement for Sale and Purchase ‑ Pearlie Finley and Johnnie Campbell ‑ Tommytown Neighborhood Target Area Project, Parcel ID No. 5380H‑AYO; Comm. Dist. 1
Memorandum REA02‑082
RECOMMENDATION: Approve and authorize Chairman's signature.
(6) Sovereign Submerged Lands Easement ‑ Recurring Revenue Section, Bureau of Public Land Administration ‑ Little Road, Phase III; Comm. Dists. 3 and 4
Memorandum REA02‑084
RECOMMENDATION: Approve and authorize Chairman's signature.
(7) Agreement for Sale and Purchase ‑ Arlee Parker ‑ Tommytown Neighborhood Target Area Project, Parcel ID Nos. 5380H‑AYO and 5380L‑AYO; Comm. Dist. 1
Memorandum REA02‑087
RECOMMENDATION: Approve and authorize Chairman's signature.
THE ITEM WAS WITHDRAWN.
e. Survey
(1) Recording of Plat with Performance Guarantee ‑ West Pasco Properties, Inc. ‑ Reserve at Golden Acres, Phase 9; Comm. Dist. 4
Memorandum SA02‑054
RECOMMENDATION: Approve and authorize Chairman's signature.
2. Growth Management
a. City of Zephyrhills Annexation; Comm. Dist. 1
Memorandum GM02‑1053
RECOMMENDATION: Approve with conditions.
C. UTILITIES SERVICES BRANCH
1. Utilities
a. Task Order No. 3‑02 ‑ Parsons Engineering Science, Inc. ‑ S.R. 52, Moon Lake Road to Suncoast Parkway; Comm. Dists. 2 and 4
Memorandum UTD02‑865
RECOMMENDATION: Approve and authorize Chairman's signature.
b. Task Order No. 5‑02 ‑ King Engineering Associates, Inc. ‑ S.R. 54 Utility Relocation and Replacement; Comm. Dists. 1 and 2
Memorandum UTD02‑875
RECOMMENDATION: Approve and authorize Chairman's signature.
c. Release Maintenance Guarantee ‑ Meadow Pointe II CDD ‑ Mansfield Boulevard, Phase DE; Comm. Dist. 2
Memorandum UTD02‑883
RECOMMENDATION: Approve as outlined.
d. Change Order No. 2 ‑ Schlotter Construction, Inc. ‑ Embassy Hills Subregional Reuse Facility; Comm. Dist. 4
Memorandum UTD02‑886
RECOMMENDATION: Approve and authorize Chairman's signature.
e. Accept Utility Improvements and Maintenance Guarantee ‑ U.S. Home Corporation ‑ Heritage Pines, Village 19, Unit 1; Comm. Dist. 3
Memorandum UTD02‑900
RECOMMENDATION: Approve as outlined.
2. Utilities Fiscal Services/Special Projects
a. Solid Waste Collection Rate Study ‑ Peterson Consulting, Inc.; All Comm. Dists.
Memorandum UTFSSP02‑576
RECOMMENDATION: Approve.
D. OFFICE OF MANAGEMENT AND BUDGET
1. Blanket Authority to Pay Invoices ‑ Issuance of Water and Sewer Refunding Revenue Bonds, Series 2002
Memorandum OMB02‑2373
RECOMMENDATION: Approve.
2. Purchasing
a. Bid No. 02‑054F
Item: Fork Lift Trucks
Department/Section: Fleet Management/Central Stores
Vendor: National Lift Truck Service
Amount: $30,475.00
Memorandum PU02‑350
RECOMMENDATION: Approve.
b. Bid No. 02‑064A
Item: HVAC Equipment Replacement
Department: Facilities Management
Vendor: Davey and Associates, Inc.
Amount: $189,900.00
Memorandum PU02‑389
RECOMMENDATION: Approve.
c. Bid No. 02‑065A
Item: HVAC Equipment Replacement
Department: Facilities Management
Vendor: TBG of Tampa, Inc., d/b/a The Beacon Group
Amount: $61,000.00
Memorandum PU02‑390
RECOMMENDATION: Approve.
d. Bid No. 02‑070F
Item: Homeowner Counseling Services, Annual Award
Division: Community Development
Vendor: Consumer Credit Counseling Service of Central Florida and the Florida Suncoast, Inc.
Amount: Anticipated $69,000.00
Memorandum PU02‑393
RECOMMENDATION: Approve.
3. Budgeting
a. Budget Amendments
(1) BA02‑175 Transfer Within the Municipal Service Fund/Reserves to Interfund Transfers for Professional Services for Cable Franchise Fees for Wiess Serota Helfan Pastoriza & Guedes, P.A. - $45,000.00
(2) BA02‑176 Resolution Increasing Anticipated Revenues Within the General Fund - $45,000.00
4. COMMISSIONERS' ITEMS
A. CHAIRMAN HILDEBRAND
1. Presentation of Ceremonial Check by Senator Virginia Brown-Waite of District 10 and Representative Ken Littlefield of District 61 to Chairman Ann Hildebrand from the Florida Recreation Development Assistance Program (FRDAP)
SENATOR VIRGINIA BROWN-WAITE AND REPRESENTATIVE KEN LITTLEFIELD PRESENTED MR. JIM SLAUGHTER, DIRECTOR OF PARKS AND RECREATION, WITH A REPLICA CHECK IN THE AMOUNT OF $108,510.00 FROM THE FRDAP TO BE USED FOR BIKE TRAILS. MR. SLAUGHTER PRESENTED THE CHECK TO THE BOARD.
2. Resolution Supporting an Amendment to the State Constitution to Repeal the Provision that Requires the Development and Operation of a Statewide, High-Speed Rail System
Memorandum CAO02‑0077
COMMISSIONER SCHRADER MOVED ADOPTION; COMMISSIONER SIMON SECONDED; MOTION CARRIED.
3. Presentation by Mr. Earl H. Young, Chairman, CARES Board of Directors, and Mr. Andrew Pittman, Co. Chair, CARES Crescent Planning Committee RE: CARES Crescent Enrichment Center and Theatre
MR. EARL YOUNG AND MR. ANDREW PITTMAN GAVE A PRESENTATION REGARDING CARES AND REQUESTED FUNDING FROM THE BOARD IN THE AMOUNT OF $250,000.00 OVER A THREE YEAR PERIOD.
NO ACTION TAKEN.
5. CONSTITUTIONAL OFFICERS
None Scheduled
6. PUBLIC HEARINGS AND TIME CERTAIN ITEMS
A. PROPOSED ORDINANCES
1. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA; AMENDING CHAPTER 26 OF THE PASCO COUNTY CODE, ENTITLED "PASCO COUNTY CABLE TELEVISION ORDINANCE"; PROVIDING THE TERMS AND CONDITIONS FOR THE OPERATION OF CABLE TELEVISION AND OPEN VIDEO SYSTEMS THAT USE THE COUNTY'S RIGHTS‑OF‑WAY; PROVIDING DEFINITIONS; PROVIDING FOR REQUIREMENTS FOR THE GRANT OF FRANCHISES; PROVIDING FOR MINIMUM FACILITIES; PROVIDING FOR CONSUMER PROTECTION STANDARDS; PROVIDING FOR ENFORCEMENT AND ADMINISTRATION; PROVIDING FOR CONFLICTS; PROVIDING FOR A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
Memorandum CAO02‑0515
COMMISSIONER MULIERI MOVED TO CONTINUE TO JULY 30, 2002, 9:30 A.M., NEW PORT RICHEY TO INCLUDE THE STIPULATION THAT THE CABLE COMPANIES WOULD NOT HAVE ANY TYPE OF TRANSFER AGREEMENTS DURING THIS TIME WITHOUT AGREEING TO ALLOW THE PROVISIONS OF THE NEW ORDINANCE TO COVER THE TRANSFER; COMMISSIONER SIMON SECONDED; MOTION CARRIED.
2. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA; CREATING CHAPTER 27, ENTITLED "PASCO COUNTY COMMUNICATIONS RIGHTS-OF-WAY ORDINANCE"; REGULATING THE USE OF PUBLIC RIGHTS‑OF‑WAY FOR COMMUNICATIONS FACILITIES; PROVIDING DEFINITIONS; PROVIDING FOR REGISTRATION AND PERMIT PROCEDURES; PROVIDING CONDITIONS FOR PLACEMENT AND MAINTENANCE OF COMMUNICATIONS FACILITIES IN RIGHTS‑OF‑WAY; PROVIDING FOR INSURANCE AND INDEMNIFICATION; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR CONFLICTS; PROVIDING FOR A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
Memorandum CAO02‑0516
COMMISSIONER MULIERI MOVED APPROVAL OF STAFF’S RECOMMENDATION; COMMISSIONER SIMON SECONDED; MOTION CARRIED UNANIMOUSLY ON A ROLL CALL VOTE.
3. 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-APPROV