BOARD OF COUNTY COMMISSIONERS, PASCO COUNTY, FLORIDA

REGULAR MEETING/REZONINGS

ANNOTATED AGENDA

PREPARED IN THE OFFICE OF

JED PITTMAN, CLERK OF THE CIRCUIT COURT

FEBRUARY 26, 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 Schrader, Vice-Chairman

Pat Mulieri, Ed.D. Robert D. Sumner, County Attorney

Steve Simon

Peter Altman Jed Pittman, Clerk to the Board

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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 January 29, 2002

b. Regular Meeting of February 5, 2002

(To Be Distributed)

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 SIMON SECONDED; MOTION CARRIED.

3. CONSENT

CHAIRMAN HILDEBRAND NOTED THERE WERE NO AGENDA ITEMS PULLED FROM THE CONSENT AGENDA.

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

A. LEGISLATIVE/ADMINISTRATIVE

1. County Attorney

a. Permission to Accept a Solid Waste Settlement and Release the 1990, 1992, 1993, 1994, and 1996 Solid Waste Liens Upon Payment

Memorandum CAO02‑0039

RECOMMENDATION: Approve as outlined.

b. Release Unity of Titles ‑ Lake Jovita Associates, Inc. ‑ Lake Jovita Golf and Country Club, Phase One-C, Lots 1 and 2

Memorandum CAO02‑0041

RECOMMENDATION: Approve as outlined.

B. DEVELOPMENT SERVICES BRANCH

1. Development Review Services

a. Modification No. 1 ‑ State of Florida, Department of Community Affairs ‑ 1999 Flood Mitigation Assistance Project; All Comm. Dists.

Memorandum DV02‑107

RECOMMENDATION: Approve and authorize Chairman's signature.

2. Engineering Services

a. Survey

(1) Recording of Plat with Performance Guarantee ‑ Lumbermen's Investment Corporation ‑ Sable Ridge, Phase 6A2; Comm. Dist. 2

Memorandum SA02‑025

RECOMMENDATION: Approve as outlined.

(2) Recording of Plat with Performance Guarantee - Lindell Investments II, Inc. ‑ Wilderness Lake Preserve, Phase 1; Comm. Dist. 4

Memorandum SA02‑028

RECOMMENDATION: Approve as outlined.

(3) Recording of Plat with Performance Guarantee ‑ U.S. Home Corporation ‑ Heritage Springs Village 14, Unit 1; Comm. Dist. 2

Memorandum SA02‑029

RECOMMENDATION: Approve as outlined.

(4) Request Approval of Map Recording ‑ Pasco Road, Sections 8 and 9; Comm. Dist. 2

Memorandum SA02‑030

RECOMMENDATION: Approve as outlined.

3. 3. Growth Management

a. Zoning/Code Compliance

(1) Code Compliance

(a) Lien Resolutions ‑ Property Maintenance Ordinance

Memorandum CC02‑065

RECOMMENDATION: Approve and authorize Chairman's signature.

(b) Lien Resolutions ‑ Property Maintenance Ordinance

Memorandum CC02‑068

RECOMMENDATION: Approve and authorize Chairman's signature.

Memorandum CC02‑071

RECOMMENDATION: Approve and authorize Chairman's signature.

C. PUBLIC SERVICES BRANCH

1. Parks and Recreation

a. Friends of the Park Agreement ‑ Florida Flyers; All Comm. Dists.

Memorandum PRA02‑321

RECOMMENDATION: Approve and authorize Chairman's signature.

D. UTILITIES SERVICES BRANCH

1. Utilities Agreement ‑ Robert N. Lynch, Bishop of Diocese of St. Petersburg ‑ Bishop

Memorandum UT02‑397

RECOMMENDATION: Approve and authorize Chairman's signature.

2. Revision No. 4 to Task Order No. 1-00 ‑ Camp Dresser & McKee Inc. ‑ Ash Cell A-3 and Landfill Cell SW-2; All Comm. Dists.

Memorandum UT02‑398

RECOMMENDATION: Approve and authorize Chairman's signature.

3. Utilities

a. Task Order No. 1-02 ‑ Metcalf & Eddy - Technical Review, Integrated Hydrologic Model Revisions; All Comm. Dists.

Memorandum UTD02‑304

RECOMMENDATION: Approve and authorize Chairman's signature.

b. Accept Utility Improvements and Maintenance Guarantee ‑ Andrews Asset Management Corporation ‑ Sable Ridge, Phase 1B; Comm. Dist. 2

Memorandum UTD02‑375

RECOMMENDATION: Approve as outlined.

c. Accept Utility Improvements and Maintenance Guarantee ‑ M/I Schottenstein Homes, Inc. ‑ Sable Ridge, Phase 3A; Comm. Dist. 2

Memorandum UTD02‑376

RECOMMENDATION: Approve as outlined.

d. Accept Utility Improvements and Maintenance Guarantee ‑ Andrews Asset Management Corporation ‑ Sable Ridge, Phase 6A2; Comm. Dist. 2

Memorandum UTD02‑377

RECOMMENDATION: Approve as outlined.

e. Utilities Agreement ‑ Walker Development Corporation ‑ Cambridge Cove; Comm. Dist. 2

Memorandum UTD02‑399

RECOMMENDATION: Approve and authorize Chairman's signature.

E. OFFICE OF MANAGEMENT AND BUDGET

1. Community Development

a. Request Approval to Increase Prior Restrictive Payments ‑ Down Payment and Impact Fee Assistance; All Comm. Dists.

Memorandum CD02‑179

RECOMMENDATION: Approve.

2. Purchasing

a. Purchase Request - Self-Contained Breathing Apparatuses and Related Items ‑ Ten-8 Fire Equipment, Inc. ‑ $59,911.75

Memorandum PU02‑141

RECOMMENDATION: Approve.

b. Purchase Request ‑ Field Lighting - Musco Sports Lighting of Florida ‑ Arthur F. Engle Memorial and Shady Hills Parks ‑ $73,800.00

Memorandum PU02‑149

RECOMMENDATION: Approve.

c. Purchase Request ‑ Weir Gates ‑ Ashbrook Corporation c/o MTS Environmental - Hudson and Embassy Wastewater Treatment Plants ‑ $79,590.00

Memorandum PU02‑151

RECOMMENDATION: Approve.

d. Increase Purchase Order No. 124168 ‑ Prominent Fluid Controls, Inc. ‑ Chemical Metering Pumps ‑ $16,702.50

Memorandum PU02‑156

RECOMMENDATION: Approve.

e. Bid No. 02‑030A

Item: Replacement Air Conditioning Unit

Department: Facilities Management

Vendor: Davey & Associates, Inc.

Amount: $32,670.00

Memorandum PU02‑155

RECOMMENDATION: Approve.

3. Budgeting

a. Budget Amendment

(1) BA02‑109 Resolution Increasing Anticipated Revenues Within the Department of Elder Affairs Fund - $5,205.00

4. COMMISSIONERS' ITEMS

A. CHAIRMAN HILDEBRAND

1. Resolution Recognizing March as National Nutrition Month in Pasco County and Urging Increased Education of the Citizens of the State with Regard to the Awareness, Prevention, and Treatment of Diet-Related Diseases as a Major Health Concern

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

2. Resolution Commending George Magrill for 25 Years as Chief Executive Officer of Youth and Family Alternatives

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

3. Presentation by the Waterfront Community Impact Council of Pasco County

COMMISSIONER SIMON MOVED TO RECEIVE AND FILE INFORMATION PRESENTED BY MS. SHERI HUBACH; COMMISSIONER ALTMAN SECONDED; MOTION CARRIED.

MS. SHERI HUBACH GAVE A PRESENTATION REGARDING SEA WALL CONSTRUCTION AND RIP RAP.

MS. DENISE HENLEY SPOKE FURTHER REGARDING SEA WALL CONSTRUCTION AND THE MATERIALS USED, AND DOCK LEGISLATION.

CHAIRMAN HILDEBRAND DIRECTED THE COUNTY ATTORNEY’S OFFICE TO LOOK AT PROVIDING SPECIFICATIONS FOR DOCKS AND PREPARE INFORMATION WITH ALTERNATIVES FOR THE BOARD’S REVIEW.

5. CONSTITUTIONAL OFFICERS

None Scheduled

6. PUBLIC HEARINGS AND TIME CERTAIN ITEMS

A. PROPOSED ORDINANCES

1. AN ORDINANCE TO BE ENTITLED AN ACT BY THE BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA, AMENDING THE PASCO COUNTY LAND DEVELOPMENT CODE, ORDINANCE 89‑21, AS AMENDED, PROVIDING FOR A LANDSCAPING AND IRRIGATION ORDINANCE; SHORT TITLE; AUTHORITY AND POWER; PURPOSE AND INTENT; DEFINITIONS; GENERAL RESIDENTIAL LANDSCAPING STANDARDS; GENERAL LANDSCAPING STANDARDS FOR CLASSES I, II AND III DEVELOPMENTS; MINIMUM INTERIOR LANDSCAPING REQUIRED FOR VEHICULAR USE AREAS; BUILDING PERIMETER LANDSCAPING; AUTOMOTIVE SERVICE STATIONS AND CONVENIENCE STORES WITH GAS PUMPS; LANDSCAPE BUFFERING AND SCREENING; ROAD RIGHT‑OF‑WAY LANDSCAPING; SERVICE FUNCTION AREAS; WATER MANAGEMENT SYSTEMS; CLEAR SITE TRIANGLE; GENERAL IRRIGATION STANDARDS; APPEALS PROCESS; LIABILITY FOR VIOLATION OF ORDINANCE; VIOLATIONS, FINES AND PENALTIES, REMEDIES AND PROSECUTION; NONLIABILITY OF COUNTY; REPEALER; SEVERABILITY; INCLUSION INTO THE PASCO COUNTY LAND DEVELOPMENT CODE; MODIFICATION; AND EFFECTIVE DATE.

Memorandum GM02‑551

Final Public Hearing

COMMISSIONER SIMON MOVED TO RECEIVE AND FILE A WATER RIGHTS BROCHURE SUBMITTED BY MR. ROBERT GRIMSLEY; COMMISSIONER MULIERI SECONDED; MOTION CARRIED.

COMMISSIONER SIMON MOVED TO RECEIVE AND FILE SPRINKLER SPECIFICATIONS SUBMITTED BY MR. JIM THOMAS; COMMISSIONER MULIERI SECONDED; MOTION CARRIED.

COMMISSIONER SIMON MOVED TO RECEIVE AND FILE MICRO IRRIGATION SPRINKLERS FROM MR. JERRY LARUE; COMMISSIONER MULIERI SECONDED.

COMMISSIONER SIMON WITHDREW THE MOTION. THE MICRO IRRIGATION SPRINKLERS WERE GIVEN TO COUNTY STAFF.

COMMISSIONER SCHRADER MOVED UNDER SECTION 6, PARAGRAPH 9, REGARDING THE TREES, TO STATE, “SHALL BE CONTAINERIZED OR SHALL BE A TRANSPLANT USING A TREE SPADE AND MEET ALL REQUIREMENTS OF THIS ORDINANCE AND THE TREE ORDINANCE”; COMMISSIONER MULIERI SECONDED; MOTION CARRIED.

COMMISSIONER SCHRADER MOVED TO ACCEPT THE LANGUAGE DRAFTED BY THE COUNTY ATTORNEY’S OFFICE IN CONJUNCTION WITH THE PASCO ECONOMIC DEVELOPMENT COUNCIL FOR 6.A.1 AND 6.A.2, SECTION 12, REGARDING INDUSTRIAL PARK EXEMPTIONS; COMMISSIONER MULIERI SECONDED; MOTION CARRIED.

COMMISSIONER SCHRADER MOVED IN SECTION FIVE, PARAGRAPH B TO CHANGE THE 50 PERCENT TO 30 PERCENT AND TO CHANGE THE PHASE IN PERIOD FROM FIVE YEARS TO THREE YEARS; COMMISSIONER ALTMAN SECONDED; MOTION CARRIED WITH COMMISSIONER MULIERI AND COMMISSIONER SIMON VOTING NAY.

COMMISSIONER SCHRADER MOVED APPROVAL OF STAFF’S RECOMMENDATION REGARDING PAGE FIVE, SECTION 6.A.1.a. , AND PAGE 19, SECTION 15.B.5 TO REVISE THE LANGUAGE FOR CLASS I AND II DEVELOPMENTS WHERE PRIOR TO ADOPTION OF THIS ORDINANCE, EITHER FINAL CONSTRUCTION PLAN APPROVAL WAS OBTAINED FROM THE COUNTY, OR THE COUNTY’S WRITTEN TECHNICAL REVIEW COMMENTS PERTAINING TO THE CONSTRUCTION PLANS WERE TRANSMITTED TO THE APPLICANT; COMMISSIONER ALTMAN SECONDED; MOTION CARRIED.

COMMISSIONER SCHRADER MOVED APPROVAL OF STAFF’S RECOMMENDATION ON PAGE 4, SECTION B, AND ON PAGE 6, SECTION 6.C.4. TO READ A MINIMUM OF 30 PERCENT OF PLANT MATERIALS OTHER THAN TREES AND TURF GRASS; COMMISSIONER ALTMAN SECONDED; MOTION CARRIED.

COMMISSIONER SIMON MOVED ON PAGE NINE TO CHANGE SECTION C.1 TO READ, WHEN THE VEHICULAR USE AREA IS ALTERED OR EXPANDED EXCEPT FOR RESTRIPING, RESEALING, OR RESURFACING OF LOTS/DRIVES; COMMISSIONER ALTMAN SECONDED; MOTION CARRIED.

COMMISSIONER ALTMAN MOVED TO FIND THAT AS THE LDRC, THE ORDINANCE WAS CONSISTENT WITH THE COMP PLAN; COMMISSIONER SIMON SECONDED; MOTION CARRIED.

COMMISSIONER ALTMAN MOVED ADOPTION OF THE ORDINANCE INCLUDING THE CORRECTIONS MADE; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED ON A ROLL CALL VOTE.

CHAIRMAN HILDEBRAND STATED MS. SALLY GRONDA REQUESTED TO SPEAK BEFORE THE BOARD.

MS. SALLY GRONDA, AREA AGENCY ON AGING, SPOKE REGARDING THE HOUSE OF REPRESENTATIVES HEALTH AND HUMAN SERVICE COMMITTEE ELIMINATION OF SPECIAL PROJECTS AND THE IMPACT TO PASCO COUNTY INCLUDING THE FINANCIAL IMPACTS. PASCO AND PINELLAS COUNTY HAD RECEIVED $1,251,033.00 FOR 15 YEARS. SHE EXPLAINED THIS FUNDING INVOLVED VARIOUS PASCO COUNTY PROGRAMS.

COMMISSIONER MULIERI MOVED TO DIRECT STAFF TO PREPARE A LETTER SIGNED BY ALL BOARD MEMBERS EXPRESSING THE BOARD’S CONCERN OVER THE RAMIFICATIONS AND TO UTILIZE THE MATERIALS PRESENTED BY MS. GRONDA TO OUR LEGISLATIVE DELEGATION; COMMISSIONER SIMON SECONDED; MOTION CARRIED.

B. PUBLIC HEARINGS

1. Intent to Use a Uniform Method of Collecting Non-Ad Valorem Assessments; All Comm. Dists.

Memorandum ES02‑1033

(Continued from February 5 and February 19, 2002)

COMMISSIONER MULIERI MOVED TO RECEIVE AND FILE INFORMATION PRESENTED BY MR. BEN REESE OF PASCO BEVERAGE; COMMISSIONER SIMON SECONDED; MOTION CARRIED.

COMMISSIONER SCHRADER MOVED ADOPTION OF THE RESOLUTION AND TO INSTRUCT STAFF TO INCORPORATE COMMISSIONER ALTMAN’S SUGGESTIONS TO MAINTAIN THE CURRENT MSTU MILLAGE RATE OF 1.54 AND THE $20.00 FEE; COMMISSIONER ALTMAN SECONDED; MOTION FAILED WITH COMMISSIONER MULIERI, COMMISSIONER SIMON, AND CHAIRMAN HILDEBRAND VOTING NAY.

2. Rezonings

Memorandum ZN02‑107

CONSENT AGENDA

RZ-5877, R.J. LAND GROUP, INC.

FROM A-C TO A-R

RZ-5880, THOMAS J. & JOAN B. CLARKE

FROM A-R TO DELETE CONDITION #4 OF A PREVIOUSLY APPROVED REZONING

RZ-5864, HILLTOP LITTLE, LC & COLONIAL GOLDENROD, LC/7-ELEVEN #32611

FROM C-2 TO AMEND COND #4A OF A PREVIOUSLY APPROVED REZONING IN A C-2, SPECIFIC USES