BOARD OF COUNTY COMMISSIONERS, PASCO COUNTY, FLORIDA REGULAR MEETING/REZONINGS ANNOTATED MINUTES

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1 CO BOARD OF COUNTY COMMISSIONERS, PASCO COUNTY, FLORIDA REGULAR MEETING/REZONINGS ANNOTATED MINUTES THE MINUTES WERE PREPARED IN AGENDA ORDER AS PUBLISHED AND NOT IN THE ORDER IN WHICH THE ITEMS WERE HEARD MARCH 16, 2010 Historic Pasco County Courthouse, Board Room, 2 nd Floor Meridian Avenue, Dade City, Florida County Commissioners Chairman Pat Mulieri, Ed.D., District 2 Vice-Chairman Michael Cox, CFP, District 4 Ted Schrader, District 1 Ann Hildebrand, District 3 Jack Mariano, District 5 County Administrator County Attorney Clerk to the Board John J. Gallagher Jeffrey N. Steinsnyder Paula S. O Neil **************************************************************************************************** CALL TO ORDER - 10:00 A.M. Chairman Mulieri called the meeting to order at 10:00 a.m. INVOCATION PLEDGE OF ALLEGIANCE Ms. O Neil gave the Invocation and led the Pledge of Allegiance to the Flag. ROLL CALL Ms. O Neil called the roll. All Commissioners were present. Page 1 of 35

2 CONSENT AGENDA Agenda Items C17, C27, and C61 were withdrawn, and Agenda items C14, C15, C19, and C36 were pulled from the Consent Agenda. COMMISSIONER HILDEBRAND MOVED approval of the Consent Agenda with exception of the noted items; COMMISSIONER COX SECONDED. COUNTY ADMINISTRATOR COUNTY ADMINISTRATION - TOURISM DEVELOPMENT C14 Tourist Development Council Special Event Grant, Funding Agreement ($1,771.00)-Greater New Port Richey Main Street, Inc.-Cotee River Seafood Festival and Boat Show Memorandum TD Comm. Dist. 3 COMMISSIONER HILDEBRAND MOVED to correct the Commission District from 3 to Districts 4 and 5; COMMISSIONER COX SECONDED. C15 Tourist Development Council Special Event Grant, Funding Agreement ($1,659.00)-Greater New Port Richey Main Street, Inc.-Founders Day Celebration Memorandum TD Comm. Dist. 3 COMMISSIONER HILDEBRAND MOVED to correct the Commission District from 3 to Districts 4 and 5; COMMISSIONER COX SECONDED. DEVELOPMENT SERVICES BRANCH PERMITS AND DEVELOPMENT INFORMATION SERVICES C17 Maintenance and License Agreement-Tuffy Auto Center-on the East Side of U.S. 41, Approximately 300 Feet North of Swans Landing Drive, Section 24, Township 26 South, Range 18 East Page 2 of 35

3 Memorandum PD Comm. Dist. 2 The item was withdrawn by the County Administrator. ENGINEERING SERVICES C19 Geospatial Technology Grant Application-U.S. Department of Justice-New Initiative for the Business Plan Memorandum GIS Mr. Elee Dumas, GIS Supervisor, explained the revision to the agenda memo. The change would allow Staff to digitally submit and sign Chairman Mulieri s name to the 91 page application/submittal to the Department of Justice; however Chairman Mulieri would receive a copy of it in her . Mr. Gallagher asked the Board for authority to sign the document. COMMISSIONER COX MOVED approval for Mr. Gallagher to sign the document; COMMISSIONER MARIANO SECONDED. ENGINEERING SERVICES - REAL ESTATE C27 Appraisal Task Order No. RET The Traczyk Company-Appraisal Services for the Ridge Road Widening, Project C ($134,750.00) Memorandum REA Comm. Dist. 4 The item was withdrawn by the County Administrator. C36 Agreement for Sale and Purchase and Easement for Drainage and a Separate Ingress and Egress/Utility Easement for Fire Station 27 Site ($96,200.00)-City of San Antonio, FL-to Purchase a Site for a Fire Station and Accept a Perpetual Drainage Easement from the City of San Antonio and to Provide a Perpetual Ingress/Egress/Utility Easement to the City of San Antonio After Closing Memorandum REA Page 3 of 35

4 Comm. Dist. 1 Mr. Dave Edwards, Real Estate Manager, explained the revisions to the item. In the 4 th paragraph of the memo it stated per paragraph five (5) of the agreement and it should state paragraph six (6) of the agreement.... In the contract agreement in paragraph 6 it stated The seller will pay for a title and it should state The buyer will pay for a title. COMMISSIONER SCHRADER MOVED approval of the changes as stated by Mr. Edwards; COMMISSIONER HILDEBRAND SECONDED. Mr. Steinsnyder noted for the record that both parties would need to initial the change to the contract. PUBLIC SERVICES BRANCH FACILITIES MANAGEMENT C53 Task Order No. FM10-01-Coastal Design Consultants, Inc.-Provide Professional Engineering Services/Cross Bayou Bus Transfer Station/Bus Route Exchange ($28,650.00) Memorandum FAC Comm. Dist. 3 Commissioner Cox stated he had pulled the item for discussion. Mr. Dan Johnson, Assistant County Administrator, gave a brief update of the item and noted that the transfer station was not moving forward at this time. Mr. Mike Carroll, Public Transportation Manager, informed the Board the land for the bus transfer station was unavailable and the County s offer was not accepted by the Chicago K-Mart Corporation. COMMISSIONER COX MOVED approval of Staff s recommendation; COMMISSIONER HILDEBRAND SECONDED. UTILITIES SERVICES BRANCH UTILITIES FISCAL SERVICES/SPECIAL PROJECTS Page 4 of 35

5 C61 Utility Comprehensive Rate Study ($75,760.00)-Hartman and Associates, Inc., Task Order 1-10-Utilities Services Branch Memorandum UTFSSP The item was withdrawn by the County Administrator. COMMISSIONER ITEMS VICE CHAIRMAN COX REGULAR R1 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA-RECOGNIZING MARCH 25, 2010-AS THE 189TH ANNIVERSARY OF GREEK INDEPENDENCE DAY. Memorandum CAO Ms. O Neil read the Resolution title into the record. COMMISSIONER COX MOVED adoption; COMMISSIONER SCHRADER SECONDED. CHAIRMAN MULIERI R2 Presentation of Check ($4,962.61)-Mr. Dave Fogler, Forest Area Supervisor, Div. of Forestry, Florida Dept. of Agriculture and Consumer Services-Reflecting the Distribution of the Withlacoochee State Forest Receipts for Fiscal Year Memorandum BCCA Recommendation: Not Applicable Chairman Mulieri noted that Mr. Dave Fogler, Forest Area Supervisor, had to leave the meeting, but had wanted to present the Board with a check for almost $5,000. She asked for a motion to receive and file the check. COMMISSIONER HILDEBRAND MOVED to receive and file the check; COMMISSIONER COX SECONDED. Page 5 of 35

6 R3 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA-CONGRATULATING THE PASCO COUNTY LIBRARY SYSTEM ON RECEIVING THE COVETED JOHN COTTON DANA AWARD- GIVEN BY THE AMERICAN LIBRARY ASSOCIATION. Memorandum CAO Ms. O Neil read the Resolution into the record. COMMISSIONER SCHRADER MOVED adoption; COMMISSIONER HILDEBRAND SECONDED. Ms. Linda Allen, Library Director, thanked the Board for the Resolution. She said this award was one of the most sought after awards. She thanked her Staff for their efforts. Mr. Paul Stonebridge, Teen Services Manager, thanked the Board for providing the services to allow them to have the opportunity to have programs with the library system. R4 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA-DECLARING THE WEEK OF MARCH 20-27, 2010-AS TOBACCO FREE WEEK IN PASCO COUNTY. Memorandum CAO Ms. O Neil read the Resolution into the record. COMMISSIONER SCHRADER MOVED adoption; COMMISSIONER HILDEBRAND SECONDED. Mr. Michael Commollo, Pasco High School Senior, stated that he had a petition of 627 signatures to ban smoking in cars and with the cooperation of the Board, he would like to ban smoking in all of Pasco County. Ms. Amanda Mallory, Pasco High School Sophomore, said she had a petition with 804 signatures to ban candy flavored and fruit flavored tobacco. Page 6 of 35

7 COMMISSIONER COX MOVED to receive and file the documents from both students; COMMISSIONER SCHRADER SECONDED. A Pasco High student who did not give his name, said he had asthma and that both of his parents smoked in the car making it difficult to breathe. Ms. Jennifer Wilson, a teacher at Pasco High School, spoke regarding the goal of SWAT (Students Working Against Tobacco) which was to educate the community about the ills of tobacco. Chairman Mulieri stated the Board would be willing to write a letter to the Legislature explaining that Pasco High School SWAT came before the Board to ban smoking in cars. The letters would be addressed to Ms. Lisa Sloan and Dr. Ron Rovener from the Health Department. Mr. Ron Rovener, Consultant with the Tobacco Prevention Program, spoke regarding the students talking to their peers about not smoking, banning smoking in cars with children under the age of 18 years of age, fines, and banning flavored tobacco. R5 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA-CONGRATULATING CHARLES S. RUSHE MIDDLE SCHOOL-ON BEING NAMED THE "COOL SCHOOL" OF THE WEEK BY FOX 13's GOOD DAY TAMPA BAY MORNING NEWS PROGRAM. Memorandum CAO Ms. O Neil read the Resolution into the record. COMMISSIONER HILDEBRAND MOVED adoption; COMMISSIONER COX SECONDED. Mr. Dave Estabrook, Charles S. Rushe Middle School Principal, thanked the Board for the Resolution and said he was honored to be named the Cool School of the week. R6 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA-DECLARING MARCH 26, 2010 THROUGH MAY 8, AS "RELAY FOR LIFE SEASON" IN PASCO COUNTY. Memorandum CAO Page 7 of 35

8 Ms. O Neil read the Resolution into the record. COMMISSIONER HILDEBRAND MOVED adoption; COMMISSIONER COX AND COMMISSIONER SCHRADER SECONDED. A representative from the American Cancer Society thanked the Board for the Resolution. Ms. Cindy Corbin, American Cancer Society Unit Executive Director, thanked the Board for their support. CONSTITUTIONAL OFFICERS CLERK R7 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA-EXPRESSING APPRECIATION TO LORETTA D. GRANT, DEPUTY CLERK FOR THE OFFICE OF THE CLERK & COMPTROLLER-FOR HER OUTSTANDING SERVICE TO PASCO COUNTY. (To Be Distributed) Memorandum CO Ms. O Neil read the Resolution into the record. COMMISSIONER SCHRADER MOVED adoption; COMMISSIONER HILDEBRAND SECONDED. Ms. Loretta (Cookie) Grant thanked the Board for the Resolution. COMMITTEE REPORTS AND MISCELLANEOUS OLD BUSINESS COMMITTEE REPORTS R8 LDC Stakeholders Committee-Follow-Up Report-- Memorandum PD Recommendation: Not Applicable Page 8 of 35

9 Ms. Cindy Jolly, Development Director, gave a brief update regarding the status of the LDC Committee. MISCELLANEOUS MATTERS R9 PUBLIC-COMMENT-- Memorandum PC Recommendation: Not Applicable Mr. Steve Hartmann, a Trinity resident, addressed the Board regarding Sportsplex. While he supported the concept of the Sportsplex facility bringing tourism to Pasco County, he disagreed with the site selected in Trinity. He mentioned demographics, funding, competition, and traffic. Mr. Gallagher spoke regarding the developable land at the Starkey site and the cost of additional land at that location. LEGISLATIVE/ADMINISTRATIVE COUNTY ATTORNEY R10 Resolution-Requiring Electronic Filing-of Campaign Finance Reports Memorandum CAO Mr. Steinsnyder explained the item and noted he was asked to bring it forward by Mr. Brian Corley, Supervisor of Elections. Mr. Corley further explained the item and asked the Board for approval. COMMISSIONER SCHRADER MOVED approval; COMMISSIONER HILDEBRAND AND COMMISSIONER COX SECONDED. Mr. Corley gave a Legislative update regarding the new voting equipment that he had presented previously to the Board and asked the Board members to contact the Legislative Delegation in support of the bill. R11 Status Update on Petition Challenging the FDEP Rule-for the Trout Creek Watershed-Total Maximum Daily Load Memorandum CAO Page 9 of 35

10 Comm. Dist. 1, 2 Mr. Joe Richards, Senior Assistant County Attorney, explained the item and gave an update on the petition. The Department of Environmental Protection (DEP) came out with a new TMDL which was found to be unworkable and had been challenged by eight local stakeholders. They were working with DEP to come up with a solution based on sound science. He spoke in detail regarding water quality issues. The rule challenge was on hold to allow time for the scientists to find a solution. Discussion followed regarding water nutrients; engineering and Stormwater requirements; and accountability issues. COMMISSIONER SCHRADER MOVED approval; COMMISSIONER HILDEBRAND SECONDED. COUNTY ADMINISTRATOR R12 Letter Dated February 25, 2010-City of Dade City-Request to Utilize Unused Office Space at the East Pasco Government Center Memorandum CA10M-5030 Mr. Gallagher said Dade City would need temporary office space while City Hall was being renovated. He suggested Staff meet with Mr. Poe, City Manager, to see it there was any available space at the EPGC. Mr. Gallagher would bring an Interlocal Agreement to the Board shortly with specifics. COMMISSIONER COX MOVED approval; COMMISSIONER HILDEBRAND SECONDED. R13 Discussion of-sheriff's Hangar-- Memorandum CA10M-5033 Recommendation: Not Applicable Page 10 of 35

11 Mr. Gallagher explained that the road and the facility, which had already been approved by the Board, was budgeted at approximately $351, and was in an account from which the Sheriff could draw. Sheriff White wanted the money transferred into his account but Florida Statutes govern the expenditure of public funds. Mr. Gallagher said he had the Statute and the Purchasing Ordinance with him. Sheriff Bob White recommended the hangar be placed just off US 41 where it would save the taxpayers money and would serve as a presence to the citizens who drove by. Mr. Gallagher would prefer a nearby location as was earlier selected. He suggested continuing the item for two weeks to get aerial photos and further information for the Board. Discussion followed between the Board, the Sheriff, and Staff regarding the road to be built; the history and timeline of the property; the use of inmate or in-house labor; and future building planned for the site. Mr. Steinsnyder clarified that the entire project including the facility and the road was all one project. COMMISSIONER COX MOVED to continue the item for two weeks; COMMISSIONER HILDEBRAND SECONDED. Further discussion followed regarding the fact that a certain amount of work, such as engineering and permitting, had already been done on the original site so changing sites now would not expedite the work or save any money. Other possible cost-saving measures and the best way to expedite the project were also discussed. Locating the facility in Central Pasco would save flying time, fuel costs, and rental fees. COMMISSIONER COX WITHDREW his motion; COMMISSIONER HILDEBRAND SECONDED. COMMISSIONER SCHRADER MOVED to transfer the remaining funds to the Sheriff s Office account, direct him to build the hangar, to work with the County to expedite the project which would be built on the back of the property as originally selected; COMMISSIONER COX AND COMMISSIONER HILDEBRAND SECONDED. Mr. Steinsnyder clarified that the Sheriff needed authorization under Florida Statutes to use inmate labor. He asked that the motion include that condition. COMMISSIONER COX MOVED approval of Mr. Steinsnyder s clarification; COMMISSIONER HILDEBRAND SECONDED. Page 11 of 35

12 DEVELOPMENT SERVICES BRANCH ENGINEERING SERVICES - ENVIRONMENTAL LANDS ACQUISITION R14 Nomination for Full Fee Acquisition-Fleamasters Food Service of Ft. Myers, Inc.- ELAMP Memorandum ELA Comm. Dist. 5 Mr. Ron Daniels, acting Environmental Lands Program Manager, explained the item utilizing the overhead projector. Staff recommended approval to add the property to the County s acquisition list. Discussion followed regarding other parcels in the area that Staff had reviewed. COMMISSIONER MARIANO MOVED approval keeping the same considerations from the previous properties; COMMISSIONER HILDEBRAND SECONDED. ENGINEERING SERVICES - PROJECT MANAGEMENT R15 Programmed Maintenance Agenda-BCC-Listing Programmed Maintenance Projects for Fiscal Years 2009/2010 and 2010/2011 for Approval Memorandum PMA Mr. David Brown, Project Manager, explained the item and recommended approval of the projects listed for Programmed Maintenance. COMMISSIONER MARIANO MOVED approval of Staff s recommendation; COMMISSIONER COX SECONDED. PUBLIC SERVICES BRANCH COMMUNITY SERVICES - PUBLIC TRANSPORTATION Page 12 of 35

13 R16 Bus Advertising Program-Pasco County Public Transportation (PCPT)-to Generate Revenue Memorandum PT Mr. Mike Carroll, Pasco Public Transportation Manager, explained the item. Staff recommended Board approval for both the selection process and for the approval and adoption of the content policy. Discussion followed regarding adding Mr. Eric Keaton s name to the Selection Committee. COMMISSIONER MARIANO MOVED approval with the addition of Mr. Eric Keaton s name on the Selection Committee; COMMISSIONER HILDEBRAND SECONDED. UTILITIES SERVICES BRANCH UTILITIES SERVICES R17 First Amendment-Pasco County and FGUA-Bulk Water Agreement Memorandum UT Comm. Dist. 3 Mr. Bruce Kennedy, Utilities Services Director, requested the Board defer this item to be heard with Agenda Item P5 because they were related. The item was heard with Agenda Item P5 later in the meeting. Mr. Kennedy explained this was the first amendment to the bulk service agreement with the FGUA Aloha System. He further explained the item in great detail. Staff recommended approval. COMMISSIONER COX MOVED approval of Staff s recommendation; COMMISSIONER HILDEBRAND SECONDED. OFFICE OF MANAGEMENT AND BUDGET COMMUNITY DEVELOPMENT Page 13 of 35

14 R18 Change in Developer Fee Structure-Pasco Opportunity Program Agencies-to Develop Affordable Homes Memorandum CD Mr. George Romagnoli, Community Development Manager, explained the POP fee structure change would pay $2, at closing and $5, when the house was sold. An addendum would need to be completed on each contract for each agency. Staff asked for the Board s approval to make those changes. COMMISSIONER MARIANO MOVED approval; COMMISSIONER COX AND COMMISSIONER HILDEBRAND SECONDED. R19 Authority to Do Bids to Use Tree Funds-Pasco County-as Leverage for the Neighborhood Stabilization Program Memorandum CD Mr. Romagnoli explained the item. He requested permission to work with Purchasing to develop bids and a selection process for vendors. COMMISSIONER COX MOVED approval; COMMISSIONER MARIANO AND COMMISSIONER HILDEBRAND SECONDED. Discussion followed regarding requirements of the Tree Ordinance; adding verbiage in the mortgage note; and adding a penalty if the tree was cut down. Chairman called on the motion; the vote was unanimous and the motion carried. R20 Amendment to Neighborhood Stabilization Program Substantial Amendment- Department of Housing and Urban Development-to Create Affordable Housing Memorandum CD Mr. Romagnoli explained the item. He recommended the Homebuyer Assistance Program be reduced to $1,000, Staff recommended the Substantial Amendment be approved. Page 14 of 35

15 Discussion followed regarding what the Board could do to help spur the construction industry with some of these dollars and offering construction financing to those who were eligible. Commissioner Cox directed Staff to come back to the Board with a recommendation of what the Board could do. COMMISSIONER COX MOVED approval; COMMISSIONER SCHRADER SECONDED. PURCHASING R21 Award of Bid No D (Engineering Services)-Pepper Contracting Services, Inc.-for Widening (Construction) of S.R. 54 (West of I-75 to East of Curley Road) in Wesley Chapel ($28,162,500.00) Memorandum PU Comm. Dist. 1, 2 Mr. Jim Widman, Engineering Services Director, explained the item. Staff recommended awarding the base bid with Alternative C to Pepper Contracting Services to widen SR 54 to Pepper. Discussion followed regarding the difficulties with ROW acquisition; the most expensive job in the County; communication updates with the residents; Meadow Pointe Boulevard as an alternative route; opening SR 56; and SR 581 utility work. COMMISSIONER SCHRADER MOVED approval of Staff recommendation; COMMISSIONER COX SECONDED. OFFICE OF MANAGEMENT AND BUDGET R22 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA-SETTING ADMINISTRATIVE FEES PERTAINING TO THE COUNTY'S IMPACT FEE PROGRAM AND - PURSUANT TO SECTION OF THE PASCO COUNTY CODE OF ORDINANCES. Memorandum OMB Recommendation: Withdraw Page 15 of 35

16 The item was withdrawn by Staff. R23 Penny-for-Pasco Update Memorandum OMB Recommendation: Other Mr. Gallagher recommended the Board continue the item to the next Board meeting. COMMISSIONER SCHRADER MOVED to continue the item to the next Board meeting; COMMISSIONER COX SECONDED. R24 Funding Recommendation-for Sportsplex-Project Memorandum OMB Recommendation: Other Mr. Nurrenbrock, OMB Director, explained the funding schedule for the Sportsplex, related projects, and how Staff determined the amount of money to be taken out of the Tourist Tax for the $12 million. COMMISSIONER SCHRADER MOVED approval of Staff s recommendation; COMMISSIONER COX SECONDED. Discussion followed regarding the Sportsplex construction of five fields; no evidence of generating hotel nights; issues of how the money would be spent; park impact fee money; nowhere for children to play softball/baseball; the fields opened to the general public at certain times; the Starkey site; building of the road; $4 million in improvements; and water on the fields. Chairman Mulieri called on the motion; the motion carried with Commissioner Mariano voting nay. R25 COMMITTEE REPORTS-AND-MISCELLANEOUS OLD BUSINESS Memorandum BCCA Recommendation: Not Applicable Page 16 of 35

17 DISTRICT ONE COMMISSIONER SCHRADER Commissioner Schrader said he had received a request from the Kiwanis Club and some local churches to have an Easter Egg Hunt on the grounds of the Historic Courthouse on April 3 rd, He noted that Mr. Gallagher had concerns regarding the 200 children and the liability issues. Mr. Gallagher said he would contact the Kiwanis Club and ask if they would co-insure the County for the event. DISTRICT TWO CHAIRMAN MULIERI Chairman Mulieri requested Mr. David Brown explain the issue of Meadow Oaks and her request for a Board initiated paving assessment. Mr. David Brown, Engineering Services, explained the Meadow Oaks issue. The cost of the original project in 2007 was $434, and currently it would be $288, The cost for single-family units would be $ and the multi-family units would be $ COMMISSIONER COX MOVED approval for a Board initiated paving assessment for Meadow Oaks; COMMISSIONER SCHRADER SECONDED. Chairman Mulieri directed Mr. Brown to contact the residents to schedule a meeting. Chairman Mulieri said Kent Grove Drive had potholes and that part of the road was County maintained and the other half was not. She requested a one time emergency road repair not to exceed $ for Kent Grove Drive. COMMISSIONER SCHRADER MOVED approval for a one time emergency road repair not to exceed $ for Kent Grove Drive; COMMISSIONER COX SECONDED. Discussion followed regarding the road being used as an alternate route; the continuous emergency repairs to it; and that all of Kent Grove Drive be County maintained. COMMISSIONER COX MOVED to bring Kent Grove Drive into public maintenance; COMMISSIONER SCHRADER SECONDED. Page 17 of 35

18 Mr. Steinsnyder clarified for the record that Kent Grove Drive served as an alternate route for US 41, that there were multiple people who lived on that road, that Chairman Mulieri did not have a special private gain to have it paved, and for purposes of the record could legitimately vote on that issue. Chairman Mulieri gave Michelle Baker pictures regarding the flooding in Quail Hollow on Highlands Drive and said she had received numerous calls about the situation. Ms. Baker, Chief Assistant County Administrator, stated that the home was built to code and the solution of digging ditches would not solve the problem. The Cypress Creek Study was underway but she would not have a solution until the study was completed. DISTRICT THREE COMMISSIONER HILDEBRAND No items. DISTRICT FOUR COMMISSIONER COX Commissioner Cox reminded the Board that the Greek Independence Flag ceremony would be held on Friday, March 19, 2010, at 1:00 p.m. in front of the West Pasco Government Center. Commissioner Cox commended the County Attorney, Staff, and specifically Mr. Shepherd for all of the work they had done with the DeCubellis project. Commissioner Cox requested the Board accept a donation from Friends of Animal Services to pay for a certain drug known as a controlled substance which treated heartworms. The current method of acquiring this drug was very involved and he wanted Staff to see if there was an easier way. COMMISSIONER COX MOVED to accept the current donation and to delegate authority to Mr. Gallagher to handle this matter in the future; COMMISSIONER SCHRADER SECONDED. COMMISSIONER COX MOVED to nominate Mr. Tom Barb to serve on the Pasco Hernando Workforce Board; COMMISSIONER HILDEBRAND SECONDED. Page 18 of 35

19 Commissioner Cox request the Board sign a letter addressed to Mr. Tangredi, President and CEO of Dais Analytic Corporation, regarding delivery of their product with Industrial Wastewater clean-up to a Chinese company. The Board agreed. DISTRICT FIVE COMMISSIONER MARIANO COMMISSIONER MARIANO MOVED approval for a one time emergency road repair for roads in Griffin Park not to exceed $1,500.00; COMMISSIONER COX AND COMMISSIONER HILDEBRAND SECONDED. Discussion followed regarding the specific roads. COMMISSIONER MARIANO MOVED approval for a one time emergency road repair not to exceed $ for Tree Top Lane; COMMISSIONER COX SECONDED. COUNTY ADMINISTRATOR No items. COUNTY ATTORNEY Mr. Steinsnyder updated the Board regarding the economic incentive agreement with Stainless Fabricators. He would bring back a revised economic incentive agreement to the next meeting which stated if the company agreed to a special assessment, petitioned for it, and the mortgage lien holders consented, that would be an option to secure the fees for the incentive agreement, which would protect the County. CLERK TO THE BOARD No items. Page 19 of 35

20 NOTED ITEMS AGENDAS/MINUTES R26 through R37 were noted. THE BOARD RECESSED AT 12:04 P.M. AND RECONVENED AT 1:33 P.M. ALL BOARD MEMBERS WERE PRESENT. PUBLIC HEARINGS AT 1:30 PM PROPOSED ORDINANCES PUBLIC HEARINGS P1 AN ORDINANCE BY THE PASCO COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE PASCO COUNTY CODE OF ORDINANCES SECTION 6-26 TO DEFINE "RESORT";-AMENDING SECTION 6-28 TO EXTEND THE HOURS FOR RESORTS TO SELL ALCOHOLIC BEVERAGES DAILY UNTIL 3:00 A.M.; AMENDING SECTION 6-29 TO ALLOW CUSTOMERS TO REMAIN ON THE PREMISES OF RESORTS UNTIL 3:30 A.M.;-PROVIDING FOR APPLICABILITY, REPEALER, SEVERABILITY, INCLUSION INTO THE CODE, AND AN EFFECTIVE DATE. Memorandum CAO Mr. Steinsnyder read the item into the record. He explained that the Board directed his office to create a limited extension of hours for the provision of alcohol for resorts. He noted this was the first public hearing. Staff recommended the Board listen to public comment, accept the proposed amendments to the Ordinance, and hold a final public hearing on March 30, 2010, 1:30 p.m., in New Port Richey. COMMISSIONER COX MOVED approval; COMMISSIONER HILDEBRAND SECONDED. Page 20 of 35

21 PUBLIC HEARINGS P2 Stipulated Partial Settlement Agreement-Department of Community Affairs vs. Pasco County-Pertaining to Biannual Comprehensive Plan Amendments, Central Pasco Employment Village Memorandum CAO Ms. Michelle Masumian, Growth Management Planner II, explained that the next two items, P2 and P3, were interrelated items but would require separate actions. She further explained the earlier Stipulated Partial Settlement Agreement for Central Pasco Employment Village was not in compliance and noted that this settlement agreement would resolve all of the concerns that the County and DCA had with the amendment. The Bell Fruit amendment was still pending and was not included in this settlement agreement. She further explained the conditions. Staff recommended taking public comment on both P2 and P3 agenda items at the same time and to take separate actions on each of them. Discussion followed regarding the SR 52 PD & E Study being completed; the ROW issue; the DOT issues; and the percentage and distribution of residential use. Mr. Joel Tew, representative for the applicant, further explained the MPUD and items raised by Commissioner Schrader. He stated for the record that he was authorized, and as counsel, had executed the settlement agreement on behalf of the property owners group. He was advised by DCA that they would execute the settlement agreement if approved by the County and would not object to the remedial amendment. COMMISSIONER MOVED approval; COMMISSIONER COX SECONDED. P3 Remedial Comprehensive Plan-Amendments Pursuant to Stipulated-Partial Settlement Agreement, Central Pasco Employment Village Memorandum CAO Page 21 of 35

22 Mr. Tew, representative for the applicant, said the property owners group supported and encouraged the Board to adopt the remedial amendment which was the document required by the settlement agreement to be sent to DCA. COMMISSIONER MARIANO MOVED adoption; COMMISSIONER COX AND COMMISSIONER HILDEBRAND SECONDED. Ms. O Neil called the roll; the vote was unanimous and the motion carried. P4 5th Street, PVAS No. 928, Board-Initiated Hearing-BCC-Approve the Reconstruction Project and Adopt the Attached Resolution Setting a Maximum Assessment of $4, per ERU Memorandum PMA Comm. Dist. 1 Mr. David Brown, Engineering Services, read the item into the record. Staff recommended approval of Alternative Number One. He noted that out of the 93 parcels there were 56 property owners or 60% that lived there and there were 37 property owners or 40% that did not live on the project. Discussion followed regarding drainage improvements; isolated swales; construction methods; a $164, in savings for the whole project; soil cement; and doing something separate for those who lived on Plum. Mr. Dwayne Hillary, Ms. Valerie Hillary, Mr. Robert Bunton, and Ms. Theresa Courier spoke in favor of the paving assessment. COMMISSIONER HILDEBRAND MOVED to receive and file photographs from Mr. Bunton; COMMISSIONER COX SECONDED. Ms. Mary L. King, Ms Dianne McCracken, and Mr. Mike Nivens spoke regarding speeding; unsafe conditions; economic hardships; issues with 6 th Street residents; and the cost of the project. Discussion followed regarding the photographs; flooding problems; standing water; swales; recent rainfalls; 6 th Street, and DOT. Page 22 of 35

23 COMMISSIONER SCHRADER MOVED adoption; COMMISSIONER COX SECONDED. P5 Resolution Adopting Changes to the Bulk Water Rate-Pasco County Utilities- Public Hearing: 3/16/10, 1:30 p.m., DC Memorandum UTFSSP Mr. Kennedy requested this item be heard before R17 because they were related. Mr. Bruce Kennedy, Utilities Services Director, explained the item and the Resolution adopting changes to the bulk water rate for Jasmine Lakes, Aloha Gardens, Virginia City, Colonial Hills, and Aqua Utilities. Staff recommended the Board accept public comment and adopt the proposed Resolution. Discussion followed regarding the old/current rate structures; how the new rate structure would affect customers; equitable adjustment; recovering operating costs; and the recent acquisition of Lindrick. Mr. Steve Spreck, System Manager of FGUA, spoke regarding the bulk water agreement being tied to the settlement agreement with Southwest Florida Management District, a plan to make the interconnects with the County and using the 5 best wells, building transmission mains, the water treatment plant being chlorinated, the rates, and how much would be pumped. COMMISSIONER HILDEBRAND MOVED adoption; COMMISSIONER COX SECONDED. P6 LPA SunWest Harbourtowne Development of Regional Impact Development Agreement-Sunwest Acquisition Corporation-the Project is Located in Northwest Pasco County between the Unincorporated Communities of Hudson to the South and Aripeka to the North, in Sections 01, 02, 11, 12, and 13, Township 24 South, Range 16 East Memorandum PGM10-103B Page 23 of 35

24 Comm. Dist. 5 Ms. Cynthia Spidell, Growth Management Senior Planner, read the item into the record. She further explained the pipeline options. Staff recommended approval of the Development Agreement. Ms. Elizabeth Abernathy, representative for the applicant, agreed with Staff s recommendation. SITTING AS THE LPA, COMMISSIONER MARIANO MOVED approval; COMMISSIONER HILDEBRAND SECONDED. P7 LPA CPAL10-2(01) Comprehensive Plan Amendment-New Port Corners-LPA 3/16/10, 1:30 p.m., DC, LPA Recommendation Memorandum PGM Comm. Dist. 4 Ms. Carol Clarke, Growth Management Executive Planner, explained the item. She noted that 3 groups of amendments were to be heard: 1) a group establishing vision for critical areas of the County; 2) a group providing mixed uses in areas that were currently residential; and 3) a group to clean-up and fix-up. This item was part of a plan to establish visions for critical locations such as this one on Little Road. She felt New Port Corners was visionary, forward thinking and a good idea. She explained the planned uses for the site. Staff recommended approval. Mr. Alberto Vargas, Growth Management Senior Planner, spoke in great detail about the size and location of this development, how to assure compatibility uses, and how the site could be integrated into the nearby community. Ms. Barbara Wilhite, representative for the applicant, had submitted an application for the property on Friday and asked that it be submitted on the record as received and filed. COMMISSIONER HILDEBRAND MOVED to receive and file the application from the applicant; COMMISSIONER COX SECONDED. Page 24 of 35

25 Ms. Wilhite also submitted, as receive and file, a land use map to supplement their application for the property. COMMISSIONER HILDEBRAND MOVED to receive and file the land use map; COMMISSIONER COX SECONDED. Ms. Wilhite spoke regarding the client s application for their proposal. She gave the history of the project and mentioned a concept plan, design parameters, and allowable uses. She felt Staff should not impose their plan by way of an Ordinance. There was lengthy discussion between the Board, Staff and the applicant regarding: other similar developments; certainty for the buyers; the ULI report; and future opportunities for this property. SITTING AS THE LPA, COMMISSIONER COX MOVED approval of Staff s recommendation; COMMISSIONER SCHRADER SECONDED. Ms. Wilhite confirmed that there would be no further DRC hearings on this property. Mr. Richard Tonello, School Board Member, asked to be part of the planning process as schools in this area were already at capacity. Ms. Wilhite responded to what Mr. Tonello had stated in the record. She stated this was not the time or the stage to state where a school would be built. She requested this not be part of the Comp Planning process. SITTING AS THE LPA, COMMISSIONER COX RE-STATED his motion; COMMISSIONER COX SECONDED. P8 LPA CPAL10-2(01)A, Comprehensive Plan Amendment-New Port Corners-LPA 3/16/10, 1:30 p.m., DC, LPA Recommendation Memorandum PGM Comm. Dist. 4 Page 25 of 35

26 Mr. Steinsnyder asked for clarification from Ms. Clarke regarding Items P7 and P8 which were both listed as New Port Corners on the Agenda. Ms. Clarke noted that one was establishing the category and the other was applying it to the specific property. She said there needed to be a motion to move both items forward and that the information was the same on both items. SITTING AS THE LPA, COMMISSIONER COX MOVED approval of Staff s recommendation; COMMISSIONER HILDEBRAND SECONDED. P9 LPA CPAL10-2(06) Comprehensive Plan Amendment-Gateway Hub-LPA 3/16/10, 1:30 p.m., DC, LPA Recommendation Memorandum PGM Comm. Dist. 1 Ms. Masumian explained that Items P9 and P10 were interrelated items but would require two separate actions. Mr. Steinsnyder asked for clarification from Ms. Masumian regarding Items P9 and P10. Ms. Masumian stated there would be one presentation and one public hearing for both items. She further explained both items in detail. Staff recommended approval. Discussion followed regarding the residential land use near the interstate and corporate frontage. SITTING AS THE LPA, COMMISSIONER SCHRADER MOVED approval; COMMISSIONER COX SECONDED. Mr. Jerry Figurski, representative for the applicant, agreed with Staff s recommendation. Ms. Andrea Zellman, representative for the property owner on the NW corner of I-75 and SR 52, stated she did not have the opportunity to fully digest the impact of the Development Design Ordinance and hoped to continue to speak to Staff and the other owners before it came back to the Board. She had found one typographical error in the language of the text amendment and had brought it to Ms. Clarke s attention. Page 26 of 35

27 SITTING AS THE LPA, COMMISSIONER SCHRADER MOVED approval of Staff s recommendation; COMMISSIONER COX SECONDED. P10 LPA CPAL10-2(6a) Future Land Use Map Amendment-Gateway Hub Application-LPA 3/16/10, 1:30 p.m., DC, Review and Recommendation Memorandum PGM Comm. Dist. 1 Mr. Steinsnyder stated that P9 and P10 was a consolidated presentation and public hearing, but Staff needed separate motions. SITTING AS THE LPA, COMMISSIONER HILDEBRAND MOVED approval; COMMISSIONER COX SECONDED. P11 LPA CPAL10-2(08) Comprehensive Plan Amendment-Overpass Road/I-75-LPA 3/16/10, 1:30 p.m., DC, LPA Recommendation Memorandum PGM Comm. Dist. 1 Mr. Bill Lamboy, Growth Management Planner II, explained the item and noted it was a Staff initiated plan amendment. Staff recommended approval. SITTING AS THE LPA, COMMISSIONER SCHRADER MOVED approval; COMMISSIONER COX SECONDED. Page 27 of 35

28 P12 LPA CPAL10-2(09) Comprehensive Plan Amendment-Eiland Road-LPA 3/16/10, 1:30 p.m., DC, LPA Recommendation Memorandum PGM Comm. Dist. 2 Ms. Quinlan Hu, Growth Management Planner II, explained the item. recommended approval subject to the subarea policy. Staff Discussion followed regarding prohibition of big boxes in the area; strip malls; mixed uses; and the conceptual plan. Mr. Clarke Hobby and Mr. King Helie, representatives for the applicant, addressed concerns regarding the concept plan, the size of the stores, and mixed uses. SITTING AS THE LPA, COMMISSIONER COX MOVED approval; COMMISSIONER SCHRADER SECONDED. P13 LPA CPAL10-2(07) Comprehensive Plan Amendment-54/Tupper-LPA 3/16/10, 1:30 p.m., DC, LPA Recommendation Memorandum PGM Comm. Dist. 2 Mr. Lamboy explained the item and noted the item was a privately initiated amendment. Staff recommended approval of the proposed amendment. Mr. Clarke Hobby and Mr. King Helie, representatives for the applicant, further explained the item. Discussion followed regarding Tupper Road; office and retail possibilities at the proposed Stony Brook Commerce Park; realigning Bruce B. Downs to SR 52; the concept plan; ROW; fixing the light; offset and access; and the lake. Page 28 of 35

29 SITTING AS THE LPA, COMMISSIONER MARIANO MOVED approval; COMMISSIONER COX SECONDED. P14 LPA CPAL10-2(10) Comprehensive Plan Amendment-Martin Marietta-LPA 3/16/10, 1:30 p.m., DC, LPA Recommendation Memorandum PGM Comm. Dist. 1 Ms. Masumian explained the item. Staff recommended approval subject to the subarea policy. SITTING AS THE LPA, COMMISSIONER COX MOVED approval; COMMISSIONER SCHRADER AND COMMISSIONER MARIANO SECONDED. P15 LPA CPAL10-2(02) Comprehensive Plan Amendment-Trilby/Lacoochee IH to COM-LPA 3/16/10, 1:30 p.m., DC, LPA Recommendation on Comprehensive Plan Amendment Memorandum PGM Comm. Dist. 1 Ms. Masumian explained the item and noted the item was a Staff initiated amendment. Staff recommended approval. Mr. Richard Riley, a citizen in the area, stated he supported the amendment. SITTING AS THE LPA, COMMISSIONER SCHRADER MOVED approval; COMMISSIONER COX SECONDED. Page 29 of 35

30 P16 LPA CPAL10-2(03) Comprehensive Plan Amendment-Trilby/Lacoochee ROR to RES-LPA 3/16/10, 1:30 p.m., DC, LPA Recommendation Memorandum PGM Comm. Dist. 1 Ms. Masumian explained the item. Staff recommended approval. Mr. Richard Riley said he was supportive of the amendment and was pleased to be part of the Trilby/Lacoochee development process. SITTING AS THE LPA, COMMISSIONER SCHRADER MOVED approval; COMMISSIONER HILDEBRAND SECONDED. P17 LPA CPAL10-2(14) Comprehensive Plan Amendment-New River PD-LPA 3/16/10, 1:30 p.m., DC, LPA Recommendation Memorandum PGM Comm. Dist. 1 Ms. Hu explained the item. Staff recommended approval. Mr. Eric Marks, representative for the applicant, agreed with Staff s recommendation and cautioned against strip centers. SITTING AS THE LPA, COMMISSIONER HILDEBRAND MOVED approval; COMMISSIONER SCHRADER SECONDED. P18 LPA CPAL10-2(13) Comprehensive Plan Amendment-Aldermar Arabians-LPA 3/16/10, 1:30 p.m., DC, LPA Recommendation Memorandum PGM Comm. Dist. 1 Page 30 of 35

31 Ms. Masumian explained the item and noted the item was a Staff initiated amendment to clean up an existing mapping deficiency. Staff recommended retaining the conservation lands North of River Road and East of Auton Road. SITTING AS THE LPA, COMMISSIONER SCHRADER MOVED approval; COMMISSIONER HILDEBRAND SECONDED. P19 LPA CPAL10-2(11) Comprehensive Plan Amendment-Hayes EC Correction-LPA 3/16/10, 1:30 p.m., DC, LPA Recommendation Memorandum PGM Comm. Dist. 2 Ms. Hu explained the item and noted the item was a Staff initiated amendment to correct a mapping error. Staff recommended approval excluding the Corridor Preservation for Softwind Lane. SITTING AS THE LPA, COMMISSIONER SCHRADER MOVED approval of Staff s recommendation; COMMISSIONER COX AND COMMISSIONER MARIANO SECONDED. P20 LPA CPAL10-2(05) Comprehensive Plan Amendment-ELAMP-LPA 3/16/10, 1:30 p.m., DC, LPA Recommendation Memorandum PGM Comm. Dist. 2, 3, 5 Page 31 of 35

32 Mr. Lamboy explained the item. Staff recommended approval of the 3 properties acquired through the ELAMP program be designated Conservation in the Future Land Use Map. SITTING AS THE LPA, COMMISSIONER HILDEBRAND MOVED approval; COMMISSIONER SCHRADER AND COMMISSIONER COX SECONDED. P21 LPA CPAL10-2(04) Comprehensive Plan Amendment-Coastal Lands to Conservation and R/OS-LPA 3/16/10, 1:30 p.m., DC, LPA Recommendation Memorandum PGM Ms. Clarke explained the item. This amendment changed a portion of Werner Boyce Salt Springs Park from Coastal Lands to Recreational Open Space. It also changed 553 acres, part of the Sunwest property donated to SWFWMD, from Coastal Land to Conservation. Staff recommended approval. SITTING AS THE LPA, COMMISSIONER MARIANO MOVED approval; COMMISSIONER HILDEBRAND SECONDED. P22 LPA CPAL10-2(12) Comprehensive Plan Amendment-Publicly Owned Parcels- LPA 3/16/10, 1:30 p.m., DC, LPA Recommendation Memorandum PGM Staff recommended the item be withdrawn. Page 32 of 35

33 P23 LPA CPAL10-2(04)A Sunwest/SWFWMD Subarea Policy Comp Plan Amendment-Sunwest/SWFWMD Subarea Policy-LPA 3/16/10, 1:30 p.m., DC, LPA Recommendation Memorandum PGM Comm. Dist. 5 Ms. Clarke explained the item. This was a subarea policy for property traded from Sunwest to SWFWMD which clustered a portion of the units outside the velocity zone. Staff recommended approval. SITTING AS THE LPA, COMMISSIONER MARIANO MOVED approval; COMMISSIONER HILDEBRAND AND COMMISSIONER COX SECONDED. P24 LPA CPAL10-2(15) Comprehensive Plan Amendment-Public Schools Facility Element, Capital Improvements Element-LPA 3/16/10, 1:30 p.m., DC, LPA Recommendation Memorandum PGM Ms. Justyna Buszewski, Growth Management Planner II, explained the item. This amendment revised the level of service in the Public Schools Facility and the Capital Improvements Elements. Staff recommended approval. SITTING AS THE LPA, COMMISSIONER MARIANO MOVED approval; COMMISSIONER COX SECONDED. P25 LPA CPAL10-2(17) FLU Text Amendment-Miscellaneous Amendments/Commercial Location-LPA 3/16/10, 1:30 p.m., DC, LPA Recommendation Memorandum PGM Page 33 of 35

34 Ms. Clarke explained the item regarding the Recreational Vehicle Park land use issue. Staff proposed an exception be added to the Future Land Use element that would permit the location of RV parks in residential land use categories. Staff recommended approval. SITTING AS THE LPA, COMMISSIONER SCHRADER MOVED approval OF Staff s recommendation; COMMISSIONER HILDEBRAND SECONDED. P26 ZONING PETITION (Regular) Rezoning Request, from an A-C Agricultural District to an MPUD Master Planned Unit Development District-Pasco Industrial, Inc./Pasco Commerce Center MPUD-Located on the East and West Sides of Pasco Road, Approximately 1,350 Feet North of S.R. 52; Sections 04, 05, 08, and 09, Township 25 South, Range 20 East Memorandum ZN Recommendation: Approval with conditions Comm. Dist. 1 Ms. Dillon noted proof of publication. Mr. Steinsnyder read the procedures that would be followed. Ms. Dillon swore in those who planned on presenting testimony. Ms. Debra Zampetti, Zoning/Code Compliance Administrator, explained the item. Staff recommended approval with conditions. Staff had made a change to Condition Number 23 to read as follows: If developed as a subdivision project, the roadway that abuts the portion located in Pod A directly adjacent to the western boundary for approximately 820 feet, has been approved through an alternative roadway-design standard request that actually reduced the right-of-way to 45 feet for a Type 2 roadway. Staff eliminated the rest of the paragraph because the sidewalk would be placed on the other side of the buffer. Commissioner Schrader had concerns regarding the removal of an existing billboard along I-75. Page 34 of 35

35 Mr. Adam Carnegie, representative for the applicant, addressed Commissioner Schrader s concern regarding the billboard. The applicant had an existing obligation until 2018 and after that time the billboard would be removed. The applicant was in agreement with Staff s recommendations and modifications as stated. Mr. John Hagan, representative of the Pasco Economic Development Council, said the property was great for industrial development and the PEDC was highly supportive of it. COMMISSIONER SCHRADER MOVED approval of Staff s recommendation with the one noted change of additional language regarding that the lease would not be renewed on the existing billboard; COMMISSIONER HILDEBRAND SECONDED. Mr. Steinsnyder stated that his office would review the language before it was placed into the approved document. ADJOURN P Memorandum ADJ Recommendation: Not Applicable The meeting adjourned at 6:22 p.m. BOARD OF COUNTY COMMISSIONERS REGULAR MEETING/REZONINGS MARCH 16, 2010 (SEAL) PAT MULIERI, CHAIRMAN ATTEST: PAULA S. O NEIL, CLERK & COMPTROLLER Prepared by: Beverly Beeson Board Records Clerk Page 35 of 35