BOARD OF COUNTY COMMISSIONERS
PASCO
COUNTY, FLORIDA
REGULAR MEETING/REZONINGS
ANNOTATED AGENDA
PREPARED BY THE OFFICE OF
JED PITTMAN, CLERK OF THE CIRCUIT COURT
MARCH 20, 2001
9:30 a.m. - Historic Pasco County Courthouse, Board Room, 2nd Floor,
37918 Meridian Avenue, Dade City, FL 33525
COUNTY COMMISSIONERS
Steve Simon, Chairman John J. Gallagher, County Administrator
Ann Hildebrand, Vice-Chairman
Ted Schrader Robert D. Sumner, County Attorney
Pat Mulieri, Ed.D.
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
a. Special Work Session of February 13, 2001
(To Be Distributed)
MS. DILLON NOTED THE MINUTES WERE FOR DISTRIBUTION, NOT FOR
APPROVAL. NO ACTION TAKEN.
2. Distribution
None Scheduled
B. SPECIFIC APPROVALS
COMMISSIONER HILDEBRAND MOVED APPROVAL; COMMISSIONER SCHRADER
SECONDED; MOTION CARRIED.
C. GENERAL WARRANTS, PAYROLL REGISTERS, AND TRANSFER AUTHORIZATIONS
COMMISSIONER SCHRADER MOVED APPROVAL; COMMISSIONER HILDEBRAND
SECONDED; MOTION CARRIED.
3. CONSENT
CHAIRMAN SIMON INDICATED COMMISSIONER SCHRADER HAD REQUESTED AGENDA
ITEMS 3.B.1.d. AND 3.B.1.f. BE PULLED FOR DISCUSSION.
COMMISSIONER MULIERI MOVED APPROVAL OF THE CONSENT AGENDA WITH EXCEPTION
OF THE PULLED ITEMS; COMMISSIONER HILDEBRAND SECONDED; MOTION CARRIED.
A. CONSTITUTIONAL OFFICERS
1. Sheriff
a. Deposit of Forfeited Monies - $2,726.48
Letter Dated February 8, 2001
RECOMMENDATION: Receive and file.
B. LEGISLATIVE/ADMINISTRATIVE
1. County Attorney
a. Settlement of Workers' Compensation Claim - Sandra Sancimino
Memorandum CAO01-106
RECOMMENDATION: Approve as outlined.
b. Proposed Amended Settlement Agreement - Larry Muchmore et al.
v. Pasco County - Rowan Road North Improvement Project
Memorandum CAO01-848
RECOMMENDATION: Approve and authorize Chairman's signature.
c. Professional Services Agreement - Landon, Moree & Associates,
Inc. - Engineering Services
Memorandum CAO01-849
RECOMMENDATION: Approve and authorize Chairman's signature.
PULLED
d. Proposed Settlement - Pasco/Hillsborough County Line Road,
Parcel No. 103
Memorandum CAO01-850
RECOMMENDATION: Approve as outlined.
COMMISSIONER SCHRADER MOVED APPROVAL; COMMISSIONER HILDEBRAND
SECONDED; MOTION CARRIED.
e. Request Authority to File Law Suit - 1983 Lake Padgett
Properties, Ltd.
Memorandum CAO01-1239
RECOMMENDATION: Approve.
PULLED
f. Request to Defend - Nancy A. Payton et al. v. Katherine Harris,
Pasco County, et al.
Memorandum CAO01-2048
RECOMMENDATION: Approve.
COMMISSIONER SCHRADER MOVED APPROVAL; COMMISSIONER MULIERI
SECONDED; MOTION CARRIED.
g. Proposed Settlement - Pasco County v. Dennis Abrahamsen, Case
No. 2000-7573CA
Memorandum CAO01-2059
RECOMMENDATION: Approve.
2. Personnel
a. Risk Management
(1) Request Approval of Additional Premium - Arthur J.
Gallagher & Company - Safety National Casualty Corporation
Workers' Compensation Excess Policy - Final Audit, Fiscal
Year 1999-00
Memorandum IN01-074
RECOMMENDATION: Approve as outlined.
(2) Policy Renewal - Arthur J. Gallagher & Company - Under-
Aboveground Fuel Tanks
Memorandum IN01-075
RECOMMENDATION: Approve as outlined.
C. DEVELOPMENT SERVICES BRANCH
1. Engineering Services
a. Real Estate
(1) Resolution Canceling Taxes - James Ennis and Barbara
Ennis - Handcart Road Project, Parcel 105; Comm. Dist. 2
Memorandum REA01-061
RECOMMENDATION: Approve and authorize Chairman's signature.
b. Survey
(1) Recording of Plat with Performance Guarantee - Lennar
Homes, Inc. - Grand Oaks, Phase 2, Unit 4; Comm. Dist. 2
Memorandum SA01-031
RECOMMENDATION: Approve as outlined.
2. Growth Management/Zoning
a. Zoning/Code Compliance
(1) Code Compliance/Consumer Affairs
(a) Code Compliance
(i) Lien Resolutions - Property Maintenance Ordinance
Memorandum CC01-033
RECOMMENDATION: Approve and authorize Chairman's
signature.
D. PUBLIC SERVICES BRANCH
1. Facilities Management
a. Lease Renewal - Congressman Michael Bilirakis - The David "Hap"
Clark, Jr., Building, Suite 306; Comm. Dist. 2
Memorandum FAC01-110
RECOMMENDATION: Approve and authorize Chairman's signature.
b. Lease Renewal - Edward M. Albrecht, P.A. - The David "Hap"
Clark, Jr., Building, Suite 302-E; Comm. Dist. 2
Memorandum FAC01-114
RECOMMENDATION: Approve and authorize Chairman's signature.
c. Donation - Pasco County School Board - Doublewide Trailer;
Comm. Dist. 4
Memorandum FAC01-2040
RECOMMENDATION: Approve.
2. Libraries Services
a. Addition to Agreement - Data Research Associates, Inc. - DRA
Convert Export Software Module; All Comm. Dists.
Memorandum LI01-065
RECOMMENDATION: Approve and authorize Chairman's signature.
E. UTILITIES SERVICES BRANCH
1. Utilities
a. Accept Utility Improvements and Maintenance Guarantee - Meadow
Pointe II Community Development District - Meadow Pointe,
Parcel 17, Unit 3; Comm. Dist. 2
Memorandum UTD01-712
RECOMMENDATION: Approve as outlined.
b. Task Order No. 1-01 - C & D Engineering, Inc. - Miscellaneous
Engineering Services; All Comm. Dists.
Memorandum UTD01-718
RECOMMENDATION: Approve and authorize Chairman's signature.
c. Accept Utility Improvements and Maintenance Guarantee -
U.S. Home Corporation - Heritage Springs, Village 9, Unit 3;
Comm. Dist. 2
Memorandum UTD01-721
RECOMMENDATION: Approve as outlined.
d. Accept Utility Improvements and Maintenance Guarantee -
U.S. Home Corporation - Heritage Springs, Village 15, Unit 1;
Comm. Dist. 2
Memorandum UTD01-722
RECOMMENDATION: Approve as outlined.
e. Accept Utility Improvements and Maintenance Guarantee - Orsi
Development, Inc. and Sunfield Homes, Inc. - Oak Grove,
Phase 3; Comm. Dist. 2
Memorandum UTD01-729
RECOMMENDATION: Approve as outlined.
F. OFFICE OF MANAGEMENT AND BUDGET
1. Purchasing
a. Increase Purchase Order No. 118893 - Professional
Communications Systems - Video Conferencing System Shipping
Charges - $660.00
Memorandum PU01-219
RECOMMENDATION: Approve.
2. Budgeting
a. Budget Amendments
(1) BA01-103 Transfer within the Reserve-Contingencies and
Principal/Sanitary Landfill to Appropriate Funds
for Various Projects at the East Pasco Sanitary
Landfill, Mercury Evaluation at the Ridge Road
Landfill, Disposal of Leachate Plant Residue,
Installation of a Prentice Crane at the East Pasco
Transfer Station, and Consulting Fees for a Hauler
Rate Study - $303,284.00
(2) BA01-104 Resolution Increasing Anticipated Revenues Within
the Office of the State Courts Administrator
Fund - $22,308.00
4. COMMISSIONERS' ITEMS
A. ALL COMMISSIONERS
1. Resolution Proclaiming the Week of March 25, 2001, as Juvenile
Justice Week 2001
COMMISSIONER HILDEBRAND MOVED ADOPTION; COMMISSIONER MULIERI
SECONDED; MOTION CARRIED.
2. Resolution Commending David Prace and Midge London-Prace for Their
Work in the West Pasco Historical Society and for Their Dedication
and Public Service to This Community
TO BE PRESENTED AT NEXT WEEK'S BOARD MEETING.
3. Resolution Expressing Support for the Passage of House Bill No. 79
and Senate Bill No. 256 and Declaring the Week of March 25, 2001,
a Transportation Disadvantaged Week
COMMISSIONER MULIERI MOVED APPROVAL; COMMISSIONER HILDEBRAND
SECONDED; MOTION CARRIED.
5. CONSTITUTIONAL OFFICERS
A. SUPERVISOR OF ELECTIONS
1. Presentation Regarding the Recommendations of the Governor's
Select Task Force on Election Procedures, Standards, and
Technology
MR. KURT BROWNING, SUPERVISOR OF ELECTIONS AND A MEMBER OF THE
GOVERNOR'S SELECT TASK FORCE, REVIEWED SOME OF THE RECOMMENDATIONS
ON ELECTION PROCEDURES TO THE BOARD.
6. PUBLIC HEARINGS AND TIME CERTAIN ITEMS
A. PROPOSED ORDINANCES
1. AN ACT TO BE ENTITLED AN ORDINANCE BY THE BOARD OF COUNTY
COMMISSIONERS OF PASCO COUNTY, FLORIDA, RELATING TO THE REGULATION
OF SEXUALLY-ORIENTED ENTERTAINMENT BUSINESS ENTITIES INCLUDING,
BUT NOT LIMITED TO, ADULT BOOKSTORES, ADULT THEATRES, SPECIAL
CABARETS, PHYSICAL CULTURE ENTERPRISES, ADULT PHOTOGRAPHIC OR
MODELING STUDIOS AND OTHER SEXUALLY-ORIENTED ENTERTAINMENT
BUSINESS ENTITIES; CITING THE STATUTORY AUTHORITY FOR ITS
ENACTMENT; PROVIDING FOR A SHORT TITLE; EXPRESSING THE LEGISLATIVE
PURPOSE UNDERLYING THE ORDINANCE; PROVIDING FOR DEFINITIONS;
CITING LEGISLATIVE FINDINGS; ACKNOWLEDGING REGULATION OF OBSCENITY
BY STATE LAW; PROVIDING FOR ENFORCEMENT OF AND PENALTIES FOR
VIOLATIONS; DELINEATING ENFORCEMENT RESPONSIBILITIES; PROVIDING
FOR IMMUNITY FROM PROSECUTION FOR GOOD FAITH TRESPASS RELATED TO
ENFORCEMENT; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE;
REQUIRING OPERATORS OF SEXUALLY-ORIENTED ENTERTAINMENT BUSINESS
ENTITIES TO MAINTAIN RECORDS OF EMPLOYEES; ESTABLISHING GENERAL
OPERATIONAL REQUIREMENTS FOR SEXUALLY-ORIENTED ENTERTAINMENT
BUSINESS ENTITIES; ESTABLISHING SPECIAL OPERATIONAL REQUIREMENTS
FOR CERTAIN SEXUALLY-ORIENTED ENTERTAINMENT BUSINESS ENTITIES;
PROVIDING FOR AFFIRMATIVE DEFENSES; DELINEATING PROHIBITED
OPERATIONS; ESTABLISHING RESPONSIBILITY BY OPERATORS OF SEXUALLY-
ORIENTED ENTERTAINMENT BUSINESS ENTITIES FOR THE PROHIBITED ACTS
OF EMPLOYEES; PROHIBITING ADVERTISING OF PROHIBITED ACTIVITIES;
ESTABLISHING LIABILITY FOR FAILURE TO MAINTAIN EMPLOYEE RECORDS;
PROHIBITING CERTAIN SPECIFIED ACTIVITIES; PROHIBITING GENERALLY
THE TOUCHING OF AN EMPLOYEE BY A PATRON, WITH LIMITED EXCEPTIONS;
EXEMPTING AS A VIOLATION OF THE ORDINANCE THE APPROPRIATE USE OF
RESTROOMS AND DRESSING ROOMS; AND PROVIDING FOR HOURS OF
OPERATION.
Memorandum CAO01-1238
(Final Public Hearing)
COMMISSIONER SCHRADER MOVED TO RECEIVE AND FILE DOCUMENTS
PRESENTED MR. SIDNEY KILGORE; COMMISSIONER HILDEBRAND SECONDED;
MOTION CARRIED.
COMMISSIONER SCHRADER MOVED TO RECEIVE AND FILE DOCUMENTS
PRESENTED BY MR. LUKE LIROT; COMMISSIONER MULIERI SECONDED; MOTION
CARRIED.
COMMISSIONER MULIERI MOVED TO RECEIVE AND FILE DOCUMENTS PRESENTED
BY MR. RANDY FISHER; COMMISSIONER SCHRADER SECONDED; MOTION
CARRIED.
COMMISSIONER MULIERI MOVED TO RECEIVE AND FILE INFORMATION
PRESENTED BY MR. RICK WEST; COMMISSIONER SCHRADER SECONDED; MOTION
CARRIED.
COMMISSIONER MULIERI MOVED TO RECEIVE AND FILE PICTURES PRESENTED
BY MR. ANDY TOCCO; COMMISSIONER SCHRADER SECONDED; MOTION CARRIED.
COMMISSIONER MULIERI MOVED ADOPTION OF THE ORDINANCE IN ITS
CURRENT FORM; COMMISSIONER ALTMAN SECONDED; MOTION CARRIED ON A
ROLL CALL VOTE.
B. PUBLIC HEARINGS
1. Development of Regional Impact No. 163 - Development of Regional
Impact/Development Order Amendment - Cannon Ranch; Comm. Dist. 2
Memorandum GM01-470
(Continued from August 15, 2000; October 17, 2000; November 21,
2000; December 12, 2000; and February 20, 2001)
HEARD TOGETHER WITH AGENDA ITEM 10.1. - REZONING - PETITION RZ-
5634, THOMPSON STATION ENTERPRISES, LLC.
COMMISSIONER HILDEBRAND MOVED APPROVAL OF STAFF'S RECOMMENDATION