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
MARCH 5, 2002
6:30 p.m. - West Pasco Government Center, Board Room,
7530 Little Road, New Port Richey, FL 34654‑5598
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 - 6:32 P.M.
INVOCATION } LINDA DILLON, DEPUTY CLERK
PLEDGE OF ALLEGIANCE }
ROLL CALL } COMMISSIONER MULIERI WAS ABSENT.
2. MINUTES AND FINANCIAL MATTERS
A. MINUTES
1. Approval
a. Regular Meeting/Rezonings of January 29, 2002
b. Regular Meeting of February 5, 2002
COMMISSIONER SIMON MOVED APPROVAL; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.
2. Distribution
None Scheduled
B. SPECIFIC APPROVALS
COMMISSIONER SIMON MOVED APPROVAL; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.
C. GENERAL WARRANTS, PAYROLL REGISTERS, AND TRANSFER AUTHORIZATIONS
COMMISSIONER SIMON MOVED APPROVAL; COMMISSIONER ALTMAN SECONDED; MOTION CARRIED.
3. CONSENT
COMMISSIONER SIMON MOVED APPROVAL OF THE CONSENT AGENDA WITH THE EXCEPTION OF THE NOTED ITEM; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.
A. CONSTITUTIONAL OFFICERS
1. Sheriff
a. Deposit of Forfeited Monies ‑ $7,990.00
Letter Dated February 12, 2002
RECOMMENDATION: Receive and file.
B. LEGISLATIVE/ADMINISTRATIVE
1. County Attorney
a. Offer of Judgment from the Board of County Commissioners to the Plaintiff, an Offer of Judgment/Proposal of Settlement from the Plaintiff ‑ Case No. 01‑4207CA/Y
Memorandum CAO02‑1679
RECOMMENDATION: Approve as outlined.
b. Offer of Judgment/Proposal of Settlement from the Plaintiff ‑ Case No. 01‑4209CA/B
Memorandum CAO02‑1681
RECOMMENDATION: Approve as outlined.
C. DEVELOPMENT SERVICES BRANCH
1. Engineering Services
a. 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.
(2) Request to Revise Funding ‑ Grubbs Construction Company, Inc. ‑ Handcart Road; Comm. Dist. 1
Memorandum PMA02‑181
RECOMMENDATION: Approve.
b. Real Estate
(1) Recording of Warranty Deed and Resolution Canceling Taxes ‑ Robert N. Lynch as Bishop of the Diocese of St. Petersburg, a Corporation Sole ‑ Hays Road, Section 36; Comm. Dist. 2
Memorandum REA02‑030
RECOMMENDATION: Approve and authorize Chairman's signature.
c. Survey
(1) Recording of Plat with Performance Guarantee ‑ Caliente Resorts, Caliente Subdivision; Comm. Dist. 2
Memorandum SA02‑022
RECOMMENDATION: Approve as outlined.
D. UTILITIES SERVICES BRANCH
1. Utilities
a. Accept Utility Improvements and Maintenance Guarantee ‑ U.S. Home Corporation ‑ Heritage Pines, Village 16; Comm. Dist. 5
Memorandum UTD02‑402
RECOMMENDATION: Approve as outlined.
b. Accept Utility Improvements and Maintenance Guarantee ‑ Pasco Sunset Lakes, LLC ‑ Pasco Sunset Lakes, Phase 1, Comm. Dist. 2
Memorandum UTD02‑403
RECOMMENDATION: Approve as outlined.
2. Utilities Fiscal Services/Special Projects
a. Reimbursement Agreement ‑ Tax Collector ‑ Streetlight Assessment Collection; All Comm. Dists.
Memorandum UTFSSP02‑323
RECOMMENDATION: Approve and authorize Chairman's signature.
E. OFFICE OF MANAGEMENT AND BUDGET
1. Information Management
a. Request Payment Approval ‑ Mainline Information Systems, Inc. ‑ Operating System Charges; All Comm. Dists.
Memorandum IM02‑016
RECOMMENDATION: Approve as outlined.
2. Purchasing
a. Award of Bid No. 02‑011 and Contract Approval
Item: Asphalt Resurfacing and Pavement Rehabilitation Program ‑ Annual Award
Branch: Development Services Branch
Vendor: Grubbs Construction Company
Amount: $4,028,365.50
Memorandum PU02‑160
RECOMMENDATION: Approve award of bid and approve and authorize Chairman's signature on contract.
3. Budgeting
a. Budget Amendments
(1) BA02‑110 Resolution Reducing Anticipated Revenues Within the General Fund - $24,876.00
(2) BA02‑111 Resolution Increasing Anticipated Revenues Within the Library Cooperative Grant Fund - $8,587.00
(3) BA02‑112 Resolution Increasing Anticipated Revenues Within the U.S. Department of Justice Fund - $3,666.12
(4) BA02‑113 Resolution Increasing Anticipated Revenues Within the Department of Children and Families Fund - $139.71
(5) BA02‑114 Transfer Within the Capital Improvement Fund/Various Divisions to Realign Funds to Reflect Estimated Budgetary Needs for the Remainder of Fiscal Year 2001‑02 - $41,331.00
4. COMMISSIONERS' ITEMS
A. CHAIRMAN HILDEBRAND
1. Resolution Congratulating Martin Erich Bauer on Obtaining the Rank of Eagle Scout
COMMISSIONER ALTMAN MOVED ADOPTION; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.
B. COMMISSIONER SIMON
1. Resolution Proclaiming March 25, 2002, as the 181st Anniversary of Greek Independence Day
COMMISSIONER SCHRADER MOVED ADOPTION; COMMISSIONER SIMON SECONDED; MOTION CARRIED.
5. CONSTITUTIONAL OFFICERS
None Scheduled
6. PUBLIC HEARINGS AND TIME CERTAIN ITEMS
A. PROPOSED ORDINANCES
None Scheduled
B. PUBLIC HEARINGS
1. Determination of Noncompliance with Conditions of Approval ‑ Meadow Oaks MPUD; Comm. Dist. 2
Memorandum GM02‑518
COMMISSIONER SCHRADER MOVED APPROVAL OF STAFF’S RECOMMENDATION WITH THE REVISIONS; COMMISSIONER SIMON AND COMMISSIONER ALTMAN SECONDED; MOTION CARRIED.
2. Small-Scale Development Amendment SSDA02‑01 (f.k.a. SSDA01‑04); Comm. Dist. 2
Memorandum GM02‑571
THE ITEM WAS WITHDRAWN.
3. Small-Scale Development Amendment SSDA02‑02; Comm. Dist. 1
Memorandum GM02‑579
THE ITEM WAS WITHDRAWN.
C. MISCELLANEOUS MATTERS
None Scheduled
7. COMMITTEE REPORTS AND MISCELLANEOUS OLD BUSINESS
A. COMMITTEE REPORTS
None Scheduled
1. COMMISSIONER SCHRADER STATED THAT AT LAST WEEK’S BOARD MEETING HE REQUESTED THE TENT FEES BE WAIVED FOR THE BELLAMY BROTHERS CONCERT AT THE PASCO COUNTY FAIR GROUNDS ON MARCH 16, 2002.
COMMISSIONER SCHRADER MOVED TO WAIVE THE TERMS OF THE PASCO COUNTY ORDINANCE WHICH RELATED TO OUTDOOR FESTIVALS, CHAPTER TEN, ARTICLE TWO, FOR A ONE TIME SPECIFIC USE FOR THE BELLAMY BROTHERS CONCERT EVENT; COMMISSIONER ALTMAN SECONDED; MOTION CARRIED.
2. COMMISSIONER SCHRADER BROUGHT UP FOR DISCUSSION THE BOARD’S DECISION AT LAST WEEK’S MEETING REGARDING THE FIRE TAXING ASSESSMENT. HE STATED THE BOARD HAD HIRED A CONSULTANT TO ANALYZE THE CURRENT METHOD OF COLLECTION OF THE FIRE TAX FEES. HE ASKED IF THE BOARD WAS STILL INTERESTED IN THE FIRE TAXING ASSESSMENT; IF ADDITIONAL INFORMATION COULD BE OBTAINED FROM THE CONSULTANT DUE TO THE CONTRACT AGREEMENT IN ORDER TO COMPLETE THE STUDY; AND IF THE BOARD WOULD CONSIDER BRINGING THE ITEM BACK AS AN AGENDA ITEM. DISCUSSION FOLLOWED. THE BOARD WAS IN AGREEMENT FOR STAFF TO BRING BACK AN AGENDA ITEM REGARDING HOW MUCH MONEY WAS SPENT ON THE STUDY TO DATE AND HOW MUCH IT WOULD COST TO COMPLETE THE STUDY.
3. COMMISSIONER SCHRADER ASKED WHAT THE PROCEDURE WAS REGARDING THE IMPACT FEE ADVISORY BOARD AS FAR AS NOTIFYING THE MEMBERS. MR. GALLAGHER STATED THEY WERE NOTIFIED APPROXIMATELY TEN DAYS BEFORE THE MEETING.
COMMISSIONER MULIERI WAS ABSENT FROM THE MEETING.
1. COMMISSIONER SIMON BROUGHT UP FOR DISCUSSION THE $30,000.00 REQUEST FROM LAND O’LAKES TO COMPLETE A PLANNING STUDY. HE SAID THE BOARD GAVE THE TAMPA BAY REGIONAL PLANNING COUNCIL APPROXIMATELY $112,000.00 FOR ANNUAL DUES. HE HAD ASKED STAFF HOW MANY TIMES THE TAMPA BAY REGIONAL PLANNING COUNCIL HAD HELPED WITH STUDIES OF THIS NATURE AND HE WAS TOLD “NEVER”. HE ASKED IF IT WAS THE CONSENSUS OF THE BOARD FOR HIM TO CONTINUE TO NEGOTIATE THE AMOUNT OF THE FEE THE TAMPA BAY REGIONAL PLANNING COUNCIL WOULD CHARGE FOR THE PLANNING STUDY. DISCUSSION FOLLOWED. IT WAS THE CONSENSUS OF THE BOARD FOR COMMISSIONER SIMON TO CONTINUE TO NEGOTIATE THE PRICE THAT THE TAMPA BAY REGIONAL PLANNING COUNCIL WOULD CHARGE FOR THE STUDY.
DISTRICT FIVE – COMMISSIONER ALTMAN
1. COMMISSIONER ALTMAN REMINDED THE BOARD THAT THE CHASCO FIESTA WOULD BEGIN ITS TEN-DAY EVENT ON THURSDAY. THE PASCO COUNTY RECREATION DEPARTMENT HAD A FLOAT IN THE PARADE AND “RED HAWK” A LIVE BAND WOULD BE RIDING ON IT. THE BAND WOULD ALSO BE PERFORMING AT SIMS PARK ON THURSDAY NIGHT TO “KICK-OFF” THE EVENT. THE BAND PLAYS A NATIVE AMERICAN SOUND OF MUSIC MIXED WITH CONTEMPORARY ROCK. HE SPOKE FURTHER. HE MENTIONED SATURDAY, MARCH 9TH, WAS THE STREET PARADE AND THE FOLLOWING WEEK WAS THE BOAT PARADE.
HE REQUESTED STAFF LOOK AT HOW MUCH IT WOULD COST TO PROVIDE ELECTRICITY TO THE WITHLACOOCHEE PARK IN DADE CITY FOR THE NATIVE AMERICAN HISTORICAL SOCIETY CREEK VILLAGE MOTHER’S DAY POW WOW AND OTHER EVENTS THAT WERE HELD THERE TO ALSO BE ABLE TO HAVE LIVE BANDS AND OTHER GROUPS.
NO ITEMS.
NO ITEMS.
NO ITEMS.
NO ITEMS.
B. MISCELLANEOUS OLD BUSINESS
1. Water Issues
NO ISSUES DISCUSSED OTHER THAN IT HAD RAINED RECENTLY.
8. INTRODUCTION AND REFERENCE OF PROPOSED ORDINANCES
A. AN ACT TO BE ENTITLED AN ORDINANCE AMENDING THE PASCO COUNTY LAND DEVELOPMENT CODE BY ADOPTING THE GROUNDWATER PROTECTION ORDINANCE; STATING INTENT AND PURPOSE; PROVIDING DEFINITIONS; PROVIDING FOR A STATEMENT OF APPLICABILITY; ESTABLISHING GROUNDWATER RESOURCE, WELLHEAD, AND SPECIAL PROTECTION AREAS; ESTABLISHING LAND USE PROHIBITIONS WITHIN THE WELLHEAD AND SPECIAL PROTECTION AREAS; ESTABLISHING PROVISIONS FOR VESTING OF EXISTING NONCONFORMING USES; PROVIDING FOR GENERAL EXEMPTIONS FROM LAND USE PROHIBITIONS; REQUIRING THE REGISTRATION OF POTENTIAL POLLUTION SOURCES; ESTABLISHING GROUNDWATER PROTECTION PRACTICES FOR THE GROUNDWATER PROTECTION AREA; REQUIRING THE REPORTING OF SINKHOLES; ESTABLISHING REQUIREMENTS FOR SITING OF LAND USES PROXIMAL TO SINKHOLES; PROVIDING GUIDELINES FOR THE LOCATION OF NEW COMMUNITY WATER SUPPLIES; REQUIRING THE ESTABLISHMENT OF WELLHEAD PROTECTION AREAS FOR COMMUNITY WATER SUPPLY WELLS; PROVIDING FOR FEES; ESTABLISHING AN APPEAL PROCEDURE; ESTABLISHING PROVISIONS FOR ADMINISTRATION; ESTABLISHING PROVISIONS FOR INSPECTIONS; PROVIDING FOR THE REPORTING OF SPILLS AND UNAUTHORIZED DISCHARGES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Memorandum CAO02‑2823
COMMISSIONER SIMON MOVED TO INTRODUCE; COMMISSIONER ALTMAN SECONDED; MOTION CARRIED.
B. AN ORDINANCE TO BE ENTITLED AN ACT BY THE BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA, AMENDING ORDINANCE NOS. 79‑28 AND 01‑012, AS SUBSEQUENTLY AMENDED, WHICH CREATED THE PASCO COUNTY MUNICIPAL FIRE SERVICE UNIT, BY ADDING TO THE UNIT ALL OF THE LAND O' LAKES FIRE DEPARTMENT AREA DESCRIBED GENERALLY AS ALL OR PORTION OF SECTIONS 22, 26‑27, 33‑36, TOWNSHIP 25 SOUTH, RANGE 18 EAST, PASCO COUNTY, FLORIDA; ALL OR PORTION OF SECTIONS 17, 20‑21, 29‑32, TOWNSHIP 25 SOUTH, RANGE 19 EAST, PASCO COUNTY, FLORIDA; ALL OR PORTIONS OF SECTIONS 1‑3, 10‑15, 23‑26, AND 35‑36 OF TOWNSHIP 26 SOUTH, RANGE 18 EAST, PASCO COUNTY, FLORIDA; ALL OR PORTIONS OF SECTIONS 4‑9, 16‑20, 29‑32, TOWNSHIP 26 SOUTH, RANGE 19 EAST, PASCO COUNTY, FLORIDA, AND AS MORE PARTICULARLY DESCRIBED AND SET FORTH IN EXHIBITS "A" AND "B" OF THIS ORDINANCE; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR MODIFICATION THAT MAY ARISE FROM CONSIDERATION OF THE ORDINANCE AT PUBLIC HEARING.
Memorandum ES02‑1054
COMMISSIONER SCHRADER MOVED TO INTRODUCE; COMMISSIONER SIMON SECONDED; MOTION CARRIED.
9. DEPARTMENTAL MATTERS
A. LEGISLATIVE/ADMINISTRATIVE
1. County Attorney
a. Maintenance and License Agreement Between Pasco County and Longleaf Community Development District and Friends of Starkey Boulevard
Memorandum CAO02‑0467
COMMISSIONER SCHRADER MOVED APPROVAL OF STAFF’S RECOMMENDATION; COMMISSIONER ALTMAN SECONDED; MOTION CARRIED.
b. Request to Hire Law Firm of Ganther, Fee & Jeffries, P.A., and Frederick J. Lowndes of FJL Consulting, Inc. ‑ Consulting Services, Adult Entertainment
Memorandum CAO02‑0468
COMMISSIONER SIMON MOVED APPROVAL OF STAFF’S RECOMMENDATION WITH THE MODIFICATION TO LOWER THE AMOUNT FROM $30,000 TO $20,000 AND APPROVE $7,500 TO MR. FREDERICK J. LOWNDES; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.
c. Request Authority to Amend Billboard Ordinance ‑ Billboard Legislation
Memorandum CAO02‑0469
COMMISSIONER SIMON MOVED APPROVAL OF STAFF’S RECOMMENDATION WITH THE CORRECTION TO ADVERTISE FOR THE FIRST PUBLIC HEARING ON MARCH 19, 2002, 6:30 P.M., DADE CITY AND THE 2ND PUBLIC HEARING ON APRIL 2, 2002, 6:30 P.M., NEW PORT RICHEY; COMMISSIONER ALTMAN SECONDED; MOTION CARRIED.
B. DEVELOPMENT SERVICES BRANCH
1. Growth Management
a. Evaluation and Appraisal Report/Comprehensive Plan Citizens' Advisory Committee Appointments; All Comm. Dists.
Memorandum GM02‑548
COMMISSIONER ALTMAN MOVED APPROVAL OF STAFF’S RECOMMENDATION; COMMISSIONER SIMON SECONDED; MOTION CARRIED.
10. MISCELLANEOUS PAPERS, PETITIONS, AND REPORTS
A. DEPARTMENTAL FOLLOW-UP PER BOARD REQUEST
None Scheduled
B. MOTIONS
None Scheduled
C. NOTED ITEMS AGENDA ITEMS 10.C.1. THROUGH 10.C.14.c.(4) WERE NOTED.
1. Letter from the Southwest Florida Water Management District Dated January 28, 2002, RE: Response to Statement of Inspection for Proper Operation and Maintenance ‑ Holiday Community Park.
2. Letter from Time Warner Cable Dated February 12, 2002, RE: Sun Outages.
3. Letter from Richard E. Anderson, City Manager, City of Brooksville, Dated February 13, 2002, RE: Brooksville Emergency Response Team.
4. Letter from City of Port Richey Dated February 15, 2002, RE: Rescheduling of Public Hearing ‑ Community Redevelopment Trust Fund.
5. Florida Public Service Commission Notice of Commission Workshop Issued February 18, 2002, RE: Docket No. 010963‑TP.
6. Florida Public Service Commission Notice of Staff Rule Development Workshop Issued February 19, 2002, RE: Undocketed.
7. Florida Public Service Commission Notice of Staff Rule Development Workshop Issued February 19, 2002, RE: Undocketed.