BOARD OF COUNTY COMMISSIONERS, PASCO COUNTY, FLORIDA
ANNOTATED AGENDA
PREPARED IN THE OFFICE OF
JED PITTMAN, CLERK OF THE CIRCUIT COURT
JULY 30, 2002
9:30 a.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
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
None Scheduled
2. Distribution
a. Regular Meeting/Rezonings of June 18, 2002
b. Special Meeting of July 2, 2002
MS. DILLON NOTED DISTRIBUTION OF THE MINUTES AND MENTIONED THAT COMMISSIONER SCHRADER REQUESTED A CORRECTION TO THE JUNE 18, 2002 MINUTES.
B. SPECIFIC APPROVALS
COMMISSIONER MULIERI MOVED APPROVAL CONTINGENT UPON WIRE TRANSFER 827 IN THE AMOUNT OF $1,722,589.53 PAYABLE TO THE DISTRICT SCHOOL BOARD OF PASCO COUNTY BE RELEASED UPON APPROVAL OF AGENDA ITEM 3.C.7.a.(4); COMMISSIONER SIMON SECONDED; MOTION CARRIED.
CORRECTED UNDER OLD BUSINESS – CLERK TO THE BOARD
APPROVAL OF WIRE TRANSFER 827 WAS CONTINGENT UPON BOARD APPROVAL OF AGENDA ITEM 3.F.1.a.(1) NOT AGENDA ITEM 3.C.7.a.(4).
C. GENERAL WARRANTS, PAYROLL REGISTERS, AND TRANSFER AUTHORIZATIONS
COMMISSIONER SIMON MOVED APPROVAL; COMMISSIONER MULIERI SECONDED; MOTION CARRIED.
3. CONSENT
CHAIRMAN HILDEBRAND NOTED AGENDA ITEM 3.C.2.c.(2) WAS PULLED FOR A CORRECTION.
COMMISSIONER MULIERI MOVED APPROVAL OF THE CONSENT AGENDA WITH EXCEPTION OF THE NOTED ITEM; COMMISSIONER SCHRADER AND COMMISSIONER SIMON SECONDED; MOTION CARRIED.
A. CONSTITUTIONAL OFFICERS
1. Sheriff
a. Deposit of Forfeited Monies ‑ $13,641.96
Letter Dated July 3, 2002
RECOMMENDATION: Receive and File.
B. LEGISLATIVE/ADMINISTRATIVE
1. County Attorney
a. Stipulated Order Awarding Costs ‑ Pasco County v. Lewis M. Bocock et al. ‑ Little Road Phase IV
Memorandum CAO02‑872
RECOMMENDATION: Approve as outlined.
b. Proposed Settlement ‑ Handcart Road Project, Parcel ID No. 138 (Gasparini)
Memorandum CAO02-874
RECOMMENDATION: Approve as outlined.
c. Proposed Settlement ‑ Maddux v. Pasco County
Memorandum CAO02‑1891
RECOMMENDATION: Approve as outlined.
2. Office of Emergency Management
a. Memoranda of Understanding ‑ World Relief ‑ Tampa Bay and Pasco Family Protection Team ‑ Emergency Support Functions (ESF) 18, Human Services; All Comm. Dists.
Memorandum OEM02‑078
RECOMMENDATION: Approve and authorize Chairman's signature.
3. Personnel
a. Risk Management
(1) Review of Public Official Bonds
Memorandum IN02‑419
RECOMMENDATION: Receive and file.
C. DEVELOPMENT SERVICES BRANCH
1. Development Review Services
a. Development Review
(1) Class II Mining Permit ‑ Boyette Mine; Comm. Dist. 1
Memorandum DR02-1370
RECOMMENDATION: Approve.
2. Engineering Services
a. Engineering Inspections
(1) Release Performance Guarantee ‑ U.S. Home Corporation ‑ Heritage Springs Village 14; Comm. Dist. 3
Memorandum ENIA02‑080
RECOMMENDATION: Approve as outlined.
b. Project Management
(1) Task Order No. EDO02‑004 ‑ Reynolds, Smith and Hills, Inc. ‑ Clinton Avenue (C.R. 52A); Comm. Dist. 1
Memorandum PMA02‑017
RECOMMENDATION: Approve and authorize Chairman's signature.
c. Real Estate
(1) Perpetual Easement for Right-of-Way and Subordinations of Encumbrances ‑ Metalfab, Inc. ‑ S.R. 52 and Rice Road; Comm. Dist. 2
Memorandum REA02‑091
RECOMMENDATION: Approve as outlined.
PULLED (2) Release of Utility Easements ‑ Metro Communities Corporation and Holiday Lakes Water System, Inc. ‑ Parcels F and G, Section 27; Comm. Dist. 4
Memorandum REA02‑092
RECOMMENDATION: Approve and authorize Chairman's signature.
COMMISSIONER MULIERI MOVED APPROVAL OF THE CORRECTION REGARDING THE TITLE OF MR. JOHN BRASHER; COMMISSIONER SIMON SECONDED; MOTION CARRIED.
(3) Request Revision to Agreement ‑ Tampa Bay Water ‑ Pipeline Easement; Comm. Dist. 2
Memorandum REA02‑093
RECOMMENDATION: Approve as outlined.
d. Survey
(1) Recording of Plat with Performance Guarantee ‑ Perfection Partners ‑ Plantation Palms, Phase Four‑C; Comm. Dist. 2
Memorandum SA02‑058
RECOMMENDATION: Approve as outlined.
(2) Recording of Plat ‑ Wesley Chapel Lakes, Ltd. ‑ Meadow Pointe III, Phase I; Comm. Dist. 2
Memorandum SA02‑061
RECOMMENDATION: Approve as outlined.
(3) Recording of Plat with Performance Guarantee ‑ Lumbermen's Investment Corporation ‑ Sable Ridge, Phase 7; Comm. Dist. 2
Memorandum SA02‑062
RECOMMENDATION: Approve as outlined.
e. Traffic Operations
(1) Interlocal Agreement ‑ City of Dade City ‑ Traffic Signal Maintenance and Operation on State Road System; Comm. Dist. 1
Memorandum TR02‑1581
RECOMMENDATION: Approve as outlined.
(2) Interlocal Agreement ‑ City of Zephyrhills ‑ Traffic Signal Maintenance and Operation on State Road System; Comm. Dist. 1
Memorandum TR02‑1582
RECOMMENDATION: Approve as outlined.
(3) Interlocal Agreement ‑ City of Port Richey ‑ Traffic Signal Maintenance and Operation on State Road System; Comm. Dists. 4 and 5
Memorandum TR02-1583
RECOMMENDATION: Approve as outlined.
(4) Interlocal Agreement ‑ City of New Port Richey ‑ Traffic Signal Maintenance and Operation on State Road System; Comm. Dists. 3 and 5
Memorandum TR02‑1584
RECOMMENDATION: Approve as outlined.
(5) Maintenance and Compensation Agreement ‑ Florida Department of Transportation ‑ Operation and Maintenance of Traffic Signals; All Comm. Dists.
Memorandum TR02‑1646
RECOMMENDATION: Approve and authorize Chairman's signature.
3. Growth Management
a. Zoning/Code Compliance
(1) Commercial Collection Permit ‑ January 1, 2002, Through December 31, 2002 ‑ Gulf Coast Recycling Services, LLC
Memorandum ZN02‑217
RECOMMENDATION: Approve as outlined.
D. PUBLIC SERVICES BRANCH
1. Facilities Management
a. Change Order No. 3 ‑ Ajax Building Corporation ‑ Pasco County Courthouse in Dade City, Renovation Project; Comm. Dist. 1
Memorandum FAC02‑300
RECOMMENDATION: Approve and authorize Chairman's signature.
E. UTILITIES SERVICES BRANCH
1. Task Order No. 2‑02 ‑ Hartman & Associates, Inc. ‑ Environmental Assessments; All Comm. Dists.
Memorandum UT02‑942
RECOMMENDATION: Approve and authorize Chairman's signature.
2. Utilities Agreement ‑ Butterfield Mobile Home Services, Inc. ‑ Centennial Estates; Comm. Dist. 1
Memorandum UT02‑943
RECOMMENDATION: Approve and authorize Chairman's signature.
3. Utilities
a. Accept Utility Improvements and Maintenance Guarantee ‑ Lennar Homes, Inc. ‑ Grand Oaks, Phase 2, Units 6‑9; Comm. Dist. 2
Memorandum UTD02‑830
RECOMMENDATION: Approve as outlined.
b. Release Maintenance Guarantee ‑ Florida Dream Communities ‑ The Groves, Phase 1A; Comm. Dist. 2
Memorandum UTD02‑931
RECOMMENDATION: Approve as outlined.
c. Accept Utility Improvements and Maintenance Guarantee ‑ Meadow Pointe Partners ‑ Wesley Chapel Lakes, Beardsley Drive; Comm. Dist. 2
Memorandum UTD02‑949
RECOMMENDATION: Approve as outlined.
d. Release Maintenance Guarantee ‑ Blackwell Properties, Inc. ‑ Riverside Estate; Comm. Dist. 3
Memorandum UTD02‑954
RECOMMENDATION: Approve as outlined.
4. Utilities Fiscal Services/Special Projects
a. Acceptance of Grant Agreement ‑ U.S. Environmental Protection Agency ‑ Drinking Water Utilities Security; All Comm. Dists.
Memorandum UTFSSP02‑0641
RECOMMENDATION: Approve as outlined.
F. OFFICE OF MANAGEMENT AND BUDGET
1. Budgeting
a. Budget Amendments
(1) BA02‑180 Resolution Increasing Anticipated Revenues Within the Impact Fee ‑ Schools Fund - $1,722,589.53
(2) BA02‑184 Resolution Increasing Anticipated Revenues Within the Home Investment Partnership Fund - $125,000.00
(3) BA02‑190 Resolution Increasing Anticipated Revenues Within the Department of Children and Families Fund - $88.70
4. COMMISSIONERS' ITEMS
None Scheduled
5. CONSTITUTIONAL OFFICERS
None Scheduled
6. PUBLIC HEARINGS AND TIME CERTAIN ITEMS
A. PROPOSED ORDINANCES
1. AN ACT TO BE ENTITLED AN
ORDINANCE AMENDING THE PASCO COUNTY CODE SECTIONS 114-39 AND 114-40;
AMENDING THE DEFINITION OF DERELICT PROPERTY; PROVIDING FOR THE LAWFUL
PLACEMENT OF RIP-RAP; PROVIDING STANDARDS FOR PLACEMENT OF RIP-RAP IN WATERS OF
THE COUNTY; PROVIDING STANDARDS FOR THE CONSTRUCTION OF DOCKS; PROVIDING A
DEFINITION OF DOCKS; PROHIBITING THE USE OF UNENCAPSULATED
FLOTATION MATERIAL; PROVIDING FOR MODIFICATION THAT MAY ARISE FROM CONSIDERATION AT PUBLIC HEARING; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.Memorandum CAO02‑2854
Final Hearing
COMMISSIONER MULIERI MOVED ADOPTION AND TO INCLUDE THE CORRECTIONS THAT WERE READ INTO THE RECORD; COMMISSIONER SCHRADER AND COMMISSIONER SIMON SECONDED; MOTION CARRIED ON A ROLL CALL VOTE.
2. 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 CAO02‑3231
Final Hearing
COMMISSIONER MULIERI MOVED ADOPTION; COMMISSIONER SCHRADER AND COMMISSIONER SIMON SECONDED; MOTION CARRIED ON A ROLL CALL VOTE.
3. A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA, PURSUANT TO SECTION 94‑2, PASCO COUNTY CODE OF ORDINANCES, ADOPTING AN EQUIVALENT RESIDENTIAL UNIT (ERU) SPECIAL ASSESSMENT METHODOLOGY FOR STREET AND ROAD IMPROVEMENTS.
Memorandum CAO02‑3231
COMMISSIONER MULIERI MOVED ADOPTION; COMMISSIONER SCHRADER AND COMMISSIONER SIMON SECONDED; MOTION CARRIED.
4. 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 CAO02‑0527
Final Hearing
COMMISSIONER MULIERI MOVED ADOPTION; COMMISSIONER SIMON SECONDED; MOTION CARRIED ON A ROLL CALL VOTE.
B. PUBLIC HEARINGS
1. Board of County Commissioners as Local Planning Agency ‑ Development Agreement ‑ Wesley Chapel Lakes Development of Regional Impact; Comm. Dist. 2
Memorandum GM02‑1172
(Continued from April 10, April 16, April 23, May 7, May 29, June 18, and July 19, 2002)
(To Be Continued to September 17, 2002, 9:30 a.m., Dade City)
COMMISSIONER SCHRADER MOVED TO CONTINUE TO SEPTEMBER 17, 2002, 9:30 A.M., DADE CITY; COMMISSIONER MULIERI SECONDED; MOTION CARRIED.
2. Development of Regional Impact ‑ Notice of Proposed Change ‑ Wesley Chapel Lakes; Comm. Dist. 2
Memorandum GM02-1173
(Continued from September 18, October 16, November 14, December 11, 2001; and February 19, March 26, April 16, May 7, May 29, June 18, and July 9, 2002)
(To Be Continued to September 17, 2002, 9:30 a.m., Dade City)
COMMISSIONER MULIERI MOVED TO CONTINUE TO SEPTEMBER 17, 2002, 9:30 A.M., DADE CITY; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.
3. Development Agreement ‑ Wesley Chapel Lakes Development of Regional Impact; Comm. Dist. 2
Memorandum GM02‑1174
(Continued from April 16, April 23, May 7, May 29, June 16, and July 9, 2002)
(To Be Continued to September 17, 2002, 9:30 a.m., Dade City)