Board of County Commissioners · Morning Session
12.05.23 Pasco Board of County Commissioners Meeting (Morning Session)
Tue, Dec 5, 2023
The board reorganized, electing Commissioner Ron Oakley as chairman and Commissioner Bradford as vice chair, then authorized the county attorney to file a declaratory judgment action against applicants who invoke the Live Local Act and refuse to withdraw in favor of standard zoning, citing 14 policy concerns and 22 legal ambiguities with the state law. A $23.2 million refund check from Withlacoochee River Electric Cooperative was presented, and consent item C-20, involving disposal of a sheriff-seized property in the Elfers area, passed 4-1 over Commissioner Starky's objection that the parcel should be transferred to Habitat for Humanity rather than sold by bid.
Agenda14 items
- 3:13Call to order, invocation, pledge, and roll calladministrative
- 4:37Withlacoochee River Electric Cooperative annual partnership presentation and refund checkadministrativediscussedread ↓
- 12:22Annual reorganization — election of board chairman and vice chairmanadministrativeapprovedread ↓
- 17:48Public CommentPublic comment — six speakers on prayer, annexation, land use, and firefighter mental healthotherdiscussedread ↓
- 44:10Res 3Resolution recognizing professional women in business in Pasco Countyproclamationapprovedread ↓
- 54:22Res 1Resolution commending field inspector Jeremy Delair for heroic life-saving actionsproclamationapprovedread ↓
- 1:01:39Res 2Resolution recognizing Turner Arbor as 2023 Tony Jennings Workforce Development Professional of the Yearproclamationapprovedread ↓
- 1:11:31Consent agenda bulk approval excluding pulled items C-20, C-31, C-39, C-42, and C-51consent
- 1:12:26C-31Consent item C-31 — funding distribution to New Port Richey highlighted for board awarenessconsent
- 1:13:10C-39Consent item C-39 — approved with Commissioner Mariano abstaining and requesting allocation reportconsent
- 1:14:07C-42Consent item C-42 withdrawn from agendaconsentwithdrawnread ↓
- 1:14:13C-51Consent item C-51 — County Line Road utility coordination with Hernando County approvedconsent
- 1:14:58C-20Consent item C-20 — sheriff-seized property disposal in Zephyrhills area approved 4-1consent
- 1:18:21Live Local Act policy response — declaratory judgment action authorized against applicantsdiscussion
Transcript34 paragraphs(2,543 cues)
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2:54I went got her pies for and the black shirt oh good morning I would like to call order the Pasco County Board of commission 10:00 meeting on December 5th 2023 at this time please silence all electronic devices and mute your phones prior to proceeding I would like to take a moment to recognize a valued member of our Operations Division who we tragically lost last week our thoughts and prayers with him and his family and his fellow team members during this difficult time now please rise for the invocation and pledge oh merciful Creator your hand is open wide to satisfy the needs of every living creature make us thankful for your loving Providence and Grant that we remembering the account that we must one day give may be faithful stewards of your good gifts amen amen United States of America stands Nation godible liy Justice for All Madam clerk please call the role district one commissioner Oakley here District Two commissioner waitman here District three commissioner starky District Four commissioner Bradford here District Five chairman Mariano here and I have a uh 1010 times certain but I know with Luchi is here so with Luchi River Electric would you please come forward i' like to say Merry Christmas to you gentlemen you uh do a phenomenal job with the county as you always have and uh this is a special time of year where you take care of your customers as well as the county being one of the customers Merry Christmas thank you very much uh good morning Commissioners administrator carala clerk souls and attorney Stein Snider appreciate you allowing us to be here this morning and with me I have uh who does not need to be introduced but uh Mr David Lambert our Executive Vice President and general manager David Commissioners we just want to wish you all Merry Christmas and thank you for the great partnership that with Luchi has had for decades uh we're all committed to our members and the citizens of Pasco County together to do great things for this County so thank you all so much for everything you do we appreciate it and it's good to see our commissioner Bradford back on the Das back at you brother yes sir nice to see you this morning nice to see you guys and Merry Christmas by the way merry Christmas as you know with the coochi uh is proud to be based in Pasco County where a member owned not for-profit electric utility we had another uh year of growth averaging over 700 accounts a month and we've been successful with that despite supply chain constraints as you all experience yourselves some of the things we do uh Educational Foundation we donated 152,000 to Pasco Hernando State College for their ball field lighting we awarded $101,000 scholarships valued over 1.3 million of those 62 were in Pasco County those were worth about 744 th000 so
6:35since that program's Inception we have awarded 2,414 scholarships valued at $18.5 million our charitable Foundation WC carees helped 12 families this year since that program's Inception we've awarded 2.45 million helping 673 families through catastrophic events that were no fault of their own we've also partnered this past year with the Boy Scouts Habitat for Humanity Mid Florida Community Services Special Olympics United Way and many other agencies helping to better the communities that we serve and we all experienced the hurricane this past year uh we did have some flooding and damage but obviously it was thank God there was no uh loss of life our employees right now are busy finishing up with with aoi's angel tree program which we're very proud of very proud of our employees all they do in the community as well we will soon be providing toys clothing and Necessities for children so they can also experience the joy of Christmas once again thank you for our excellent working relationship with the board Administration and your and your great staff they do a great job absolutely this year we have a record refund of 23.2 million about that Pasco County Board of County Commissioners we have the big fake check here if you can fold this uh am Scott's right down the road uh [Applause] commission Oakley yeah I just wanted to say U Joe and David both of you uh the working relationship that the county has with W has been a great relationship for many many years and um we've got a lot more to do but we know that you are prepared and when the growth comes you're ready for power when we need it and the utilities so very important and I hope we continue this right on so yes sir will we appreciate that thank you and i' like to say for all the years with Luchi has been just the best partner the county has ever had for as far as utility go you are number one uh what you do for the community what you do as far as keeping rates low uh the effectiveness of everything and your community involvement is unparalleled unbeaten so I thank you guys should we all go for pict than very much we going to come down for picture oh I'm in just in time for most important time tax a lot of money never seen a neighbor I don't know [Applause] than St there she is Mr Stein Schneider would you please go over today's proceeding with the BCC Mr chairman um today's today is your annual reorganization
12:39um the chair and vice chair will be elected um as is the practice and governed by your procedural rules um the chairman and vice chairman shall be elected annually at the organizational meeting of the board of County Commissioners this election this year is held your first meeting it's your meeting in December um the clerk will serve as chair um for the election of the new chairman of the County Commission once the chair is elected uh the chair will take over uh the role for the meeting and will a election for vice chair shall ensue um before we start that is there any member of the public who wishes to comment on reorganization W have we ever done that before take comment seeing none um I would hand it over to the clerk and comproller to conduct the election okay I'm just going to pick up this gabble here make it real official I'm going to open up nominations for chairman of the board of County Commissioners for Pasco County are there any nominations I nominate Ron Oakley second okay so um nominations don't need to be voted on but um I have a nomination they need to be seconded they need to be don't need to be seconded but um I think we have the motion um from um commissioner Bradford for commissioner Oakley are there any other nominations rules require a second calling so this is my second calling for any nominations other nominations for chairman of the board oh you know what I'm all right hearing none um a vote is not necessary we have our next chairman of the board of County Commissioners Mr [Applause] Ron Jack comes here goes there all the way down go here and then was this is that my water there was a copy for I think he's bringing his I forget where you you go to one either on one or another another wait okay I will say that I'm happy to be back I wasn't very far away but it's good to be back this is my third time in eight years so um I'm very proud to be chairman I'm very proud to be a part of this commission and we've had a great commission for eight years that I've been here so we continue very good work and work looks after our citizens so with that I would U open up nominations for vice chair Mr chair wait I nominate uh commissioner Bradford for vice chairman okay motion second no you don't need a second but you need you need to call for other nominations there any other nominations do a second call are there any other nominations for Vice chair see a none so we don't need to vote no that's correct okay you just call it so you declared the Mr bford I declare you Vice chair of the board County Commissioners thank you thank you
17:15very [Applause] much proud to have you aboard now we'll find out where I'm M so okay we we will now go to U public comment um this is the time that see instead of just repeating it as I know it but I don't see it on here all right I'm back a page all right now's the time for public comment Citi are given opportunity to comment on any uh current or future agenda item uh coming before the board of County Commissioners um and any other business according to the board's perview today's comment public comment will be handled as follows first we will take public comment from those here in person then we would take comment from those on um the WebEx link and then are currently on Q we request that when you address the board you uh keep your comments or not directed toward a board member or against a board member but rather to the issues at hand this uh provides Mutual um respect between board members and the public after stating your name and address for the clerk you have three minutes with a timer after two minutes you will be you sound a beat then you'll have one minutes to finish when your time is up uh beep sound and you will have to close your comments WebEx um persons will actually be cut off on the WebEx Madam clerk do we have anyone signed up to public comment um yes we do Mr chair um we do have no one signed up for WebEx this morning okay um we do have six individuals signed up and and um we'll start with I'll just announce the first three if you could U proceed to the podium we have Leonard Lord followed by Aisha mows followed by John heden or heeden greetings uh Leonard Lord I live at 9525 Sunbeam Drive been here for 73 years it's an honor just want to say I thank you for the opportunity to share with you and and uh just before I forget may you have a great merry Christmas and remember Christmas is not a stress to spend money it's when God sent his son to bring us peace and Good Will on Earth amen and so we do have a group that are here and really concerned about and appreciate y all that believe that man doesn't live by bread alone but every word that proceedeth out of the mouth of God and that's where order comes and so we do pray for y'all we meet every uh twice a week and pray seeking God for how we can help open and serve and so I'm just thankful to be here um I want to read a letter that was sent out and I know if you you're probably like me and get more emails than I do you can't filter through all of them but this was an email that was sent out uh that pastor Jerry and I sent out and so I just like to read uh this letter to you I know some didn't get to get it it says uh uh dear chairman and
21:21Commissioners if you desire as directors of somebody Cur Pasco we would like to make ourselves available to to lead in prayer at commission meetings on the west side of the county and make available the many Ministries in our association to share in this as well that they may have Godly leadership and pastors who have a heart for you and Pasco lead in seeking God's wisdom and peace for your meetings and for Pasco County we've been praying for Pasco County for years personally and holding weekly prayer for Pasco meetings each Tuesday morning for years 9:00 a.m. at Oasis Coffee Spot you have each been prayed for by name regularly we have been organizing the National Day of Prayer at the government center since 2006 and participating in it even before that we represent a wide cross-section of the Christian faith in Pasco that has also characterized our nation uh since his Inception and continues today if after starting with meetings on this side of the County you wish to encourage uh pastors spiritually stockholders to do their part on the east side we'd be confident that we could organize that we have uh been doing this in Port Richie for years we have a couple of Chaplin there so we're able to go in and pray and courage and meet with them and so we would be honored that as you see scripture rise the priests and the Kings you represent the Kings doing the governing and we should be the priests that pray for y all help Hear What God Says and encourage you cover your backs and make a way that the Lord goes before us so may God bless you may his wisdom fill you this next year be a great year of making decisions that'll take Casco County where it's never been before God bless you and thank you thank you Pastor thank you thank you Pastor Merry Christmas Aisha matow followed by John heeden prise the Lord good morning guys well congratulations on the shift in positions um I just want to tell you it's an honor to be here and to speak on behalf of um Pascal County um as a residents my name is Aisha MTS at 14223 pimberton Drive Hudson Florida 34667 and I just wanted to um piggyback off of Pastor Leonard in regards of the positions of authority um just as things have been shifting you guys have been called based on your area of expertise I think it's very important that we have our leaders that God has called um to cover you guys and take our fi our positions to be the voice for for what the Lord is doing in this season we all have different places of authority different places of relationship and wisdom and I think that for us to go forward as a community as a county we need to make sure we're all in position and to be covered in prayer um by one name Jesus we can speak very broadly in certain conditions but there's no power in that we can speak to a generic God but we know there's no logic in that so I'm just praying for the wisdom because as we see on the news as we see in the the media as we see you know we got to look past our little areas of our
24:33neighborhood our gates our Fen and homes it's greater and bigger than that and it's going to take all of us in our positions whether it's spiritual it's needed whether it's natural it's needed so I just pray that we come outside of the four walls and we begin to look in a broader spectrum and see what will work there's power in prayer my personal life has been impacted great because of the name of Jesus I been able to speak to mountains in my way and they've been removed I've seen healing in the land of the broken and the sick and they've been delivered but it's only one name and every knee shall bow and every tongue shall confess under the name of Jesus so I just sound the alarm to all of us whether we're on the podium or whether we're sitting in the back we need to be in prayer and authority and in real belief that Jesus is Lord and I know that I know we will see a difference in the minds of people in the hearts of people and in the lives of people so I encourage you in the good fight of Faith with all Love For All Mankind we can bring the change if they see it in the hearts of the People by the actions be blessed in jesus' name Merry Christmas and happy New Year thank thank you John heden followed by Nick morendo followed by Pastor Troy Peterson thank you for the opportunity to address you briefly uh I did not know that I was going to be doing this I came to the meeting uh didn't realize I was going to be speaking to you U my name is John Hen uh my last name is HD uh do you want me to give my address for the record yes uh 2624 Country Place Boulevard um um Newport Richie uh 34655 thank you so I'm going to keep this very brief because it was very unexpected um uh I have been following uh Jesus for about 40 years and uh in the time that that I have been walking with him uh he has done many things on my behalf and worked many situations out work through me and um you know I consider a real privilege to um intercede for uh all of you um I just started doing that recently praying for each of you and for uh all of the uh different agencies um including you know social service agencies the social service infrastructure um and just have a real desire to serve and to um to pray for each area of society um and so that Pasco County will be a shining you know light upon a hill uh that people of Faith uh can work together uh to see uh everything that God would like to see U as a part of this community uh and um I'm very exced excited about the expansion of the community all the um um I'm praying for the the development of um kind of a convergence of new technological things um you know the maffet cancer center and um you know I've just been researching it recently you just out um the property on Highway between um um 589 and um uh 41 uh just south of um Highway 52 um looks like an amazing um oh looks
28:38looks like my time is up thank you have another minute you have one more minute what was that yeah one more minute oh okay I didn't realize um anyway that looks like an amazing I've just been doing some research on it um development you know I'm off at pray uh Cancer Center and um you know it's like a like a a technology and Health Care um like complex and um it I'm looking forward to seeing the property for the first time and the development of it um I don't even know if it's open yet but I have just been reading about it online so um anyway I just believe that many people are going to come to Pasco that do not now reside here um you know moving from other states of the country and there's going to be an economic and spiritual Revival okay thanks very much thank you sir um I think it's Nick morendo followed by Pastor Trey Peterson followed by Mike hadock good morning chairman good morning Merry Christmas I'm on I'm here and I I want to first thank you for your ruling on the lgbtq on the supporting the library for that I thank you for your for your outstanding name and address name and address Nick Mendo 6051 cheers Drive Port Richie okay and I'm going here on behalf of uh Pasco County somebody cares chaplain's in the leading of the invocation and I have a docket here from the Town of Greece versus Galloway the docket number is 12696 the second circuit ruled on May 5th 2014 holding the town's practice of opening the town's board meetings with prayer offered a members of the clergy does not violate The Establishment Clause when the practice is constant consistent with the Traditions long followed by Congress and the state legislators the town does not discriminate against minority Fates in determining who may offer a prayer and a prayer does not coor the participations with non-adherence judgment prayer offered may members by members of the clergy does not violate The Establishment Clause of the United States Constitution in an opinion by Justice Kennedy on May 5th 2014 Justice Kalia and Justice Thomas joined the majority opinion and so we have this case here that's that's that shows that we could we could have the right to do the prayer before opening have our leaders in faith do it and so we just ask that you recognize it and do you consider that we speak in in the name of Jesus and that we pray with power and might through Christ Jesus who strengthens us we know that and we know why we're where we're at because we took God out of everything so we need to bring him back into the public the arena of government and so we need to stand for for Christ and for the season is the reason I mean this is why we celebrate Christmas is because of the Lord who
32:26come and give us freedom and and mercy and just so we just thank you I want to thank you again wish you a Merry Christmas and and thank you thank you thank you Pastor tro Pearson followed by Mike hadock good morning chair new chair Commissioners uh Troy Peterson 682 7 Sandra Drive Port Richie Florida um you know often I come here and and I just appreciate uh uh commissioner Mariano and commissioner Whitman um the last time we did the National Day of Prayer resolution I came across that video out on YouTube and uh I shared it all over and you know what happened I got blocked off Facebook and my account got locked out so that tells me we're hitting the bullseye that tells me we're doing what God has called us to do you know and as I reached I got to laugh about that you know as I reached out to Anthony Verdugo Christian family Coalition you know working with our with our governor in Tallahassee and you know one of the comments was was made uh by one of our commissioners uh that if uh the somebody car's Pastor somebody cares pastors can pray uh you know in the State House you know with our governor and we can pray in uh Port Richie why can't we pray here you know and it was said that we're going to get with our attorney and and take a look at this well you know and I understand you guys get a lot of emails okay and uh so I apologize if I didn't press into that more and you didn't didn't get the email but basically uh I I'll send it out again and so what we're looking at according to uh rule of law Town of Greece versus Galloway docket number 12.9 or 696 second C Circuit of the United States Supreme Court citizens are entitled to the Constitutional Pro protection and cannot be disputed that the constitution the uh the the government said in seeking the refute that argument refute argument does not allow the creation by government of a of a for a forum of private prayer and so what this is recommending uh and what we are recommending is that this section um of this law of government docket which suggests that governing uh uh that government body should take the steps to clarify a reasonable and informed Observer and that would be uh somebody cares Pascal leading in the invocation so I'll resend that uh email out to you guys and you can uh uh um Jeffrey you can you can take a look at that and uh we trust that uh you guys will make the right decision Merry Christmas and thank you for your time thank you abig going to say something to us today or Merry Christmas Abigail c 16 to C2 sir name and address for the record not on the paper my name is Mike hadock I live 4942 hammerhead Drive Newport Richie and I'm here with a number of our uh residents to represent the 532 residents of sea Forest Beach Club just to ask you to approve our 46 64 and 65 the annexation of the misnamed um Town and Country Villas into Newport Richie we would really appreciate the opport Unity to
36:27allow the city to make the changes needed in that area add the the streets the lights and so forth for much higher level of security thank you Merry Christmas thank you thank you no clapping um Mike oh we got one more okay name and address um I'm not sure where this falls on your agenda today but this has to do with the uh uh land use on U the Estates in Beacon Woods East my name is Gordon Warren I live at 13609 Woodside Drive uh in Beacon Woods East been there for 30 years uh I'm very familiar with the Links golf course and the ho HOA that uh resides there also sir that is a public hearing this afternoon you can speak at that right yeah I mean the the appropriate place to speak to that item is the public hearing that's uh item 78 if you wish to make your comments you can take public comment now and do that but the the actual hearing where they will be voting is a public hearing and it's at the end of the agenda today all right very well all right come back thanks for your time all right thank you so Mr chair I have no one else signed up no one is on WebEx I don't know if you want to do just one more call out anyone else and the audience wish to speak to any item in our perview okay come forward state your name and address for record good morning Commissioners I'm John Michael Moren the president of the Pasco County Professional firefighters we reside at 21735 YMCA Camp Road Land of Lakes 34639 firefighters are at increased risk for anxiety depression post-traumatic stress disorder alcoholism and suicidal ideations coupled with the stress of normal life my members endure long work hours sleepless nights tragedies of death and dismemberment in an overall high stress work environment to overcome these challenges our organization has established the ifff peer support and cism programs to facilitate proactive education about early recognition of mental and Behavioral Health crisis we provide additional diffusing at the crew level following certain call types such as the death of a child or those emergency calls that involve Great bodily harm we collectively have changed the culture within the fire rescue Department that instigates open dialogue about the risk factors we face as First Responders and encourage our members to seek professional help proactively in collaboration with the fire rescue leadership we continue to develop a Leading Edge framework from which to build upon where we need your help is before you today on consent is item c-54 with the contract award to Tampa Bay Psychology Associates this award will provide a singular focused and comprehensive thirdparty plan for first responder Centric professional mental health counseling for our members and is the vitally important next step of the program designed by approving this item you will be sending a clear message to your firefighters that your Public Safety
39:47priority is their well-being both on and off the job thank you in advance for your continued support of the men and women of Pasco County Fire resk from C6 to C2 thank you Mr chair yes I'd just like to thank our firefighters uh the uh the Chiefs and the union guys uh you you guys do a fantastic job uh I see you around zipping around the streets and the highways it's 54 and I just want you to know you're appreciated uh you're prayed for and uh excuse me and what you said about the mental health issues is very very true get help it is important thank you thank you does anyone else wish to speak at the public hearing now thought I saw some okay when you get to Podium please state your name and address thank you Commissioners my name is Bernie Chilton this is my wife Valerie Chilton reside at 9731 Sandstone Lane here in Port Richie 34668 okay thank you very much for letting us speak we are here also on behalf of the initiative to to encourage that we have prayer opening prayer at the beginning of our meetings we are with Full Gospel Bible teaching fellowship I am a chaplain with the Pasco Community we have served uh this area since 1978 we come alongside with somebody cares Pasco and we also and we lift each of you up individually often because we know how important it is just as this fellow was speaking about the mental issues of the fire service I was of Pascal County fire service many years ago and served and I just want to let you know that we want to read something from James 3:17 to understand what wisdom from above is you are faced with chaos office you even amongst you are trying to find peace and the right solution you serve from the small to to the tall from The Young to the old from the rich to the poor from the weak to the strong and it's difficult at times but father God he sees it all for you to Prevail upon you that wisdom from above you're you don't seek for your own growth or your own uh lifting up you're seeking for the needs of the the county you're seeking for the needs of the people and the county grow here these people they will flourish and move in the state and they'll move up into they will move up into the national level we come alongside each and every one of you we serve also in the National Day of Prayer many of you we have come up alongside of you to to to reach out to give a hug right commissioner Jack I mean some of you do recognize us but we just want you to all understand even in the building here and even here we lift you up you've been placed here under Authority by God Almighty but we need to lift you up and keep you strong so you can make the right decisions for all he'd like Bernie will go ahead and speak as it says in the Book of James in uh chapter 3 the wisdom from above is first pure and Peaceable gentle and easy to be entreated full of mercy and good fruit without partiality and without hypocrisy thank you very much thank you is anyone else here to speak to
43:18public hearing today if you are come forward now seeing no one um Mr cabal I have a I have a Time certain for uh r63 for 1010 which were passed that's didn't do that that was check that's a women's is it yeah that was the original with Luchi oh that was you already heard that sir I was thinking it was something else okay uh this time instead of going to uh res one we're going to start with Res three are your group here Jack yes okay Mr chair you have an officially closed public comment okay uh this time we'll close public comment and we'll move on to Res one Res three rest three excuse me okay all right um if you are here for the recognition of professional women in business if you could please come to the podium specifically I have let's see Amber Mariano Davis Sandy Graves Marilyn desant Paul Dr Paula O'Neal Debbie mans Margaret sou southernland let's see Elaine Todd uh Todd did I pronounce that correctly Todd okay how about the greater Pasco Chamber of Commerce okay you L all right so these amazing women need to step closer to the podium you act like you're afraid but I think you are women that work in Pasco County and I don't think you're afraid of anything so these are pioneers all right I will go ahead and read the resolution resolution number 24-33 a resolution by the board of County commissioners of Pasco County Florida recognizing the importance of professional women in business in Pasco County whereas the greater Pasco Chamber of Commerce was established in 1944 to link businesses with their leading area business members officers leaders and managers and elected officials to enhance economic growth and development and whereas the professional women in business was originally established as a book club and has grown to be the most predominant organization in Pasco County to provide support education networking and empowerment to Women Business Leaders from all Industries in Pasco County an Raz the professional women in business would like to recognize the achievements of Pasco County women who have broken through the glass ceiling and risen above indivi invisible barriers that have marginalized women when seeking career advancements an Raz The Professional in business would like to recognize the achievements of Amber Mariano Davis the youngest State represented representative elected to the Florida and I'm sorry let me start that over am Amber Mariano Davis the youngest state representative elected in Florida history to represent District 36 in the Florida House of Representatives Republican state Republican state committee woman Sandy Graves founder of the Republican Club of central Pasco Marilyn desant the first female rotarian of the Newport Richie Rotary Club Dr Paula O'Neal the first female Pascal County Clerk and
47:05controller Debbie mans the first female city manager for the City of Newport Richie Margaret Sutherland the first female council member for the city of Port Richie and Elaine Tod who revitalized the Pasco chapter of the National Organization of Women now in 1966 and is the current chapter president and Raz the professional women in business of the greater Pasco Chamber of Commerce are immensely proud of the achievements of these women and encourage women in Pasco County to continue the tradition of rising above barriers and Empower all women distinguishing themselves in their roles in the community now therefore be it resolved by the board of County commissioners of Pasco County Florida that said board hereby recognizes Amber Mariano Davis Sandy Graves Marilyn desant Dr Paula O'Neal Debbie mans Margaret Sutherland and Elaine tdir as professional women in business in Pasco County done and resolved in regular session with a COR present and voting this fifth day of December 2023 approval motion pass my goodness what what are we here today good morning Commissioners and um it is an honor to be here representing the greater Pasco Chamber of Commerce group professional women and business uh I did want to make one comment that I believe was missed um and I think it's my fault but we won't go there um June 2nd 1897 or 92 was the Inception of Pasco County there have been five female Board of County Commissioners since then commissioner Katherine starky is the longest serving and fifth commissioner well I think I think an Hilder brand served longer than me there was somebody longer than you commissioner Hilder brand she is pretty 20 years but I am the I am the fifth woman and but Christina was the six so we've had six young was here for a long time too but I think an 20 years an was the longest and maybe thank you very much well we' like to acknowledge you for your support anyway Mr commissioner sty you know who else could have been up there is Michelle Baker first female um County Administrator well hopefully this will be I will be addressing you annually and knocking on commissioner Mariano's door to add to this phenomenal group of women we are right forever appreciative and honored to even represent them and be in the same room with them including you two ladies thank you so much for your time Y is that the little Mariano baby in the back it is yes Wesley Paul go ahead and bring her up here you got bring bring him up my name is Lisa P I represent the greater Pasco Chamber of Commerce group professional women in business Merry Christmas thank you Merry Christmas Paul I left the office I didn't see any baby in my office special delivery that's my grandson Wesley there you go we were not sure if he was life we weren't sure I was going to be able to make it today but I wanted to let
50:28everyone take a take a look for Christmas and all but uh yeah worked out perfect so I think you got your um you'll get a lot of uh pluses pluses pluses with that gra baby with grandpa so right well ladies congratulations thank you all would you like to address us at all I'm going to bring the plaques down we'll take a picture in a second but we're going to come down and take a [Music] picture Dr O'Neal it's good to see you de it's good to see you guys yeah we'll stay Merry Christmas you rest of commissioner stay here okay was anyone going to speak okay we're going to stay up here and the chair is going to go down there so we'll get that baby in the picture up here that way Gary doesn't have to keep going I appreciate that see you Gary good to see you I a work she's supposed to receive the black not carry them I need to bend my knees do I need to stand on a [Laughter] chair here we [Music] go out [Music] of I'll try to rebound Bo okay take two more we're not happy one more picture guys Steve we're ready we're ready Steve [Music] thank y'all so [Applause] [Music] much maybe he will follow you and your daughter in politics who knows thank [Applause] you thank you ladies oh I've got one already okay I do so good to see you thank you very much up uh good if you want we bring one to Amber and the other one's from Maryland this new update yeah if you take Amber that' be great right awesome Lisa thank you very much to work my phone work the same all we'll move on the ringer work silence and they changed so much I couldn't figure out how to we move on to Res one hey you got it is um Jeremy delar here please come up to the podium are they here W sure if who's going to be able to make it over did I pronounce your last name correctly how does it okay it's Delair I'm sorry deir delir yes okay no e on the end delir all right I'm trying to get this right I'll go ahead and read your resolution resolution number 24-31 a resolution by the board of County commissioners of Pasco County Florida commending field inspector Jeremy delir for his his heroic actions and dedication to the community whereas Pasco County field inspector Jeremy Delair has demonstrated ated exceptional dedication to his profession and the
55:27community and r on October 10th 2023 while stopped at a local Walgreens field inspector Jeremy deair noticed a deep gasping noise coming from a bathroom stall and knew this was someone gasping for air and unable to breathe Jeremy immediately jumped into action to provide life-saving care to an individual experiencing a drug overdose and a weak pulse and Ras Jeremy alerted the pharmacist who was then able to administer two doses of Nar while Jeremy began chest compressions on the individual enas the combination of the Narcan and chest compressions were able to successfully resuscitate the patient prior to the arrival of Pasco County fire rescue who were then able to stabilize the patient for transportation to the hospital anras these actions not only saved the life of a Community member but also served as a testament to the dedication professionalism and Readiness to help of field inspector Jeremy deair anaz Jeremy has recently learned how to administer cardiopulmonary resuscitation CPR at a CPR class hosted by Pasco County an example of how Pasco County offers life-changing classes through Pasco U and whereas at a dedication I'm sorry at a recognition ceremony Jeremy was awarded a point of light award which is given to recognize humanitary accomplishments that occur outside of a team member's normal work duty and whereas field inspector Jeremy Del's action show that the Pasco County minimum standards team is compassionate about the wellness and safety of others and serves as a reminder of the critical role that public service employees play in our communities every day now therefore be it resolved by the board of County commissioners of Pascal County Florida that said board hereby recognizes field inspector Jeremy deair for his heroic actions and dedication to the community done and resolved in regular session with a quorum present and voting this fifth day of December 2023 appr second all right got a motion and second all those in favor say I all right yes sir here he me he me speak now I just wanted to say we're all very proud proud of you your your quick action saved the life and everybody up here is very proud of you thank you you can speak surely you can no no I'm good but we're so uh thankful for you and for your position and and where you were at this time that it really paid off great things great rewards so um continue the good work and other Commissioners want to say something um anything else mrman thank you chairman new chairman yeah you know to take the county up on the all for a cross train just goes to show you never know when and all of us in here are always on call whether a quick phone call to make or we took a couple hours worth of training because you never know when for whatever reason it pays off so thank you for going that extra mile and taking advantage of the of the the course and you know look you you saved somebody's life so uh thank you for your
58:59diligence thank you to our service to our County and our citizens and Merry Christmas thank you and I I would Echo those sentiments and um I'm just uh really grateful that we have employees like you who go the extra mile and and frankly the the role that you play besides that is a tough one too so um I appreciate all that you do and I'm honored to honor you today thank you I'd just like to say the same it's uh must be an awesome feeling to do that for someone save their life um it's going to carry a well for life for for a long time but thank you for taking the extra step to take the class and then a great action so thank you Mr Chair say a few words I say a yes pleas so I um I just want to say you when you're in that moment it's scary and um to have a cool mind about you to go and seek the pharmacist so they can get the Naran to be admin ad ministered um I I think that is very heroic um and then to continue to help with life-saving efforts and to do the CPR that's just amazing um so just from another citizen to to to another citizen I just want to thank you for for just stepping in and and uh overcoming that fear in that moment and doing it thank you thank you okay all right if y'all um move over here in the center and then I'll go down in front and if umor okay Mr caval come up so she asked for a special dinner tonight' rather be with you guys my Italian problem I accidentally up at like what's that smell I to turn off I turned off the WR actually D all right think we are good good everyone everybody right here we're good thank you all all [Applause] right yeah oh goodness cooks for three hours oh that's good you have time yeah Jenny's I've got instaart deliver put I have a big pots in my car okay we'll move on to Res two okay um if uh Turner Arbor if you could please step up to the podium did I pronounce your name correct Turner arber okay good right I'll go ahead and read uh the resolution resolution number 24-32 a resolution by the board of County commissioners of Pasco County Florida recognizing Turner Arbor for being named the 2023 Tony Jennings Workforce Development professional of the Year by the Florida Economic Development Council whereas Arbor has been passionately involved in Workforce Development for 5 years demonstrating unwavering commitment and dedication to enhancing the professional landscape of Pasco County andas the Tony Jennings Workforce Development professional of the Year award has recognized 16 people since 2007 including its Nam s sake former lieutenant governor Tony Jennings a career source Florida president and most recently Turner Abbott who is the youngest professional to receive this high oh my gosh Turner Arbor what did I say abot oh no no no no okay we're going to go back the most recent Turner Arbor who was the youngest professional to receive
1:03:04this high honor my apologies anras Turner began his journey in Workforce Development in 2018 as an intern when the Pasco Economic Development Council EDC initiated the workforce connect program Turner then transitioned into the role of Workforce Development manager and over the next 5 years he forged Partnerships with local Workforce training and education entities created the workforce connect pasco.com platform and was promoted to senior economic development manager overseeing all business retention and expansion International and Workforce programs and whereas Turner has been instrumental in hosting the Pasco 50 event an initiative allowing the top 50 Employers in Pasco County to collaborate share insights and benefit from discussions on pertinent topics such as mental health in the workplace and starting internship programs andr holding a Bachelor's of Science in global business serving as Career Source Pasco Hernando board member and being a founding member of Pasco Hernando local College Access Network Turner's professionalism and expertise have influenced the outcomes of key initiatives including making Workforce connect a permanent fixture in the Pasco edc's Economic Development plans and R Turner's efforts in compiling extensive reports on labor availability wages and Workforce training programs were pivotal pivotable pivotal in attracting gray plastic packaging Corporation to Pasco County in 2022 resulting in an investment of over 16 million and create the creation of 555 new jobs andwas Turner's dedication has not only bolstered Workforce Development in Pasco County but has also positively impacted Florida's economy by attracting more employers fostering collaborations between educational institutions nonprofits and businesses and innovating Innovative training training programs now therefore be it resolved by the board of County commissioners of Pascal County Florida that said board hereby recognizes Turner Arbor for being named the 2023 Tony Jennings Workforce Development professional of the year for and for his exemplary services to the citizens of Pasco County done and resolved in regular session with a COR president and voting this fifth day of December 2023 move approval second got a motion and second all those in favor say I I motion pass thank you you have the stage what's that iage I don't have a baby and I didn't save somebody's life but kind of live up a little bit to it but I want to thank the commission chairman Oakley uh CH commissioner Mariana for supporting the resolution uh um of course the entire team at the Pasco ADC under leadership of Bill Cronin um thank them all uh my family who many of them are here today um and also the Workforce Development community that without them it wouldn't be possible uh the award from the Florida Economic Development Council is a testament to our community's commitment to our businesses and their workers
1:06:13through the workforce connect program and I want to thank the commission for the continued support of that program through the penny for Pasco Workforce connect was created to connect businesses to the talent they need now and to help them plan for their talent needs in the future over the past 5 years we've had the opportunity to personally help hundreds of businesses uh find and train their talent right here in PCO County and our we website has helped thousands more uh through that fantastic Partnerships that we've built between economic development and our Workforce Development Community uh we've been able to help companies like infant labs in Port Richie um connect with window windr Technical High School and take on interns from their biomed uh Science Program we've also help companies like Delta hydronics and Hudson uh upskill their employees through the am skills program and con Global in Odessa connect with St Leo University and take on interns from St Leo's new College of computing artificial intelligence Robotics and data science program just to name a couple of examples it's been uh success stories like these that also help uh Pasco attract new employers like Gary Plastics Packaging Corp to Hudson and bedo to zeper Hills I believe Workforce connect really gives Pasco County a leg up on other communities and when it comes to attracting new businesses it's been a blast doing this work uh through building relationships with our partners uh and local businesses and I look forward to continuing to help our employers hire local um and it is kind of selfish work because I don't like sitting in traffic either and every employee that we can keep working in Pasco keep someone from having to drive 45 minutes to other counties so thank you all for the recognition I really appreciate it yeah thank you Mr chairman Mr Mayor yeah Turner uh you are a breath of fresh air in the economic development world uh your passion shows in your voice your your actions are phenomenal um you got a great team with you uh great leadership with Bill Cronin and Company but um your your passions just keep on driving a lot of great things to happen we appreciate you here we want you to keep on growing and keep on doing the great work you're doing thank you very much thank you yes and I I've enjoyed working with Turner since he came to us and this is a great honor Turner thank you uh thank you for your commitment and and great job I'm so so impressed great job wait thank chair yeah Turner you know our job is to set strategic and quality policy that allows employers to come here and want to invest in Pasco County and with that comes the need for a Workforce and I hope that this board continues to be tremendous partners with you all as we grow our economy we we create Pasco to be a place where people not not only want to live here but they can work here and not have to travel as far so thank you for your strategic efforts and uh our board I'm I'm pretty
1:09:01confident we can say we're Fierce advocate for jobs good quality jobs and strong economy for for our County so good work it's good to see you great job quality jobs is definitely where it's at I know Bill cronin's not here but he's well represented by his right-hand man and uh saw uh up at 4G uh Ranch the other day that's quite a place quite a place anyway it's good to see you and merry Christmas to you and your family great job um just keep up the good work because we're going to keep bringing good businesses here so you'll have a lot to do so job about it out and I know you're you're ready to to go when we get them coming into this County and keep keep our citizens working in our Cy would a great thing for our County in the future so y all right um I'll come down and Mariano comes down and the rest of us stay right up here and we'll take a picture Christmas colors I have my scar [Applause] great job Turner 31 39 42 51 okay that concludes our resolutions we'll move now to the consent items um for discuss I have a pull sheet y'all keep adding to it what you P 20 20 20 all right I have a pull sheet with item C 31's pull for discussion c39 pull for discussion c42 withdrawn um c51 pull for discussion and then C20 P for discussion okay I entertain a motion for the rest of the items on consent Mo to approve the consent agenda second motion second all those in favor say I I I okay motion pass all right we'll start with uh c31 c31 Mr chair I just pulled it just to I want to draw a highlight to the board as far as the uh the amount of money going to all the cities um new Peres at 3.5 million over the past since ' 05 they've received the total of coming with this check here will be like 28,700 th000 so I just thought we should know it I'll move for approval okay second all right motion second any other discussion without any uh all those in favor of this say I I I all oppos okay motion passes unanimously move on to c39 C3 I just pulled that because I need to uh abstain from the vote uh I abstained at the rack committee as well okay no discussion but just that's all okay Mar I was going to abstain from the vote so um just I can do it under commissional items but I may not be here for commissioner item so I just want to say I wanted to see a report on on where the monies the monies that we've received and where they've been allocated we'll we'll provide that I I talked to Mr carbal about that the other day I just move approval for 39 second got a motion second all those in favor say I I and all oppose like then and show that
1:14:01uh commissioner Mariano abstain okay motion pass uh move on to c42 withdraw ask withdraw c51 c-51 I just want to bring attention this this is for County Line Road um as we work with Hernando County as far as uh doing that road one of the key structures are going to be getting Utilities in timely fashion uh timely manner uh talk with the secret do which I think I mentioned last time we talked about this meeting but David Allen is going to be one of the people on the committee to make sure that when the road gets done the utility is done at the same time so it's a smooth seamless thing and I think it's a great accomplishment I want to thank uh Reaper for jumping in working with Northridge to bring this whole thing full which is going to be a great project and provide some much needed infrastructure in there so move approval second got a motion in second all those in favor say I I all those opposed like sign motion passed unanimously all right C20 oh C20 um I just wanted to say I think here we have another missed opportunity this is an item that came to us from the sheriff's office um you know I've been in this neighborhood many times and pretty sure this was a a house that well a trailer that was causing a lot of problems in the neighborhood with drug dealing I remember being there and there was there was a dog running down the street that had a hypodermic needle stuck in it um it's just I'm I'm glad that we were able to um get rid of this residence however I think what we're doing is just possibly allowing for someone to bring in something else and continue that kind of use this should have gone to someone like habitat who would have built a a better who had built a home some would have got someone into home ownership and start cleaning up that neighborhood so I'm I'm not happy that we did did it like this okay Mr maxer yes so Andrew Baxter Facilities Management director this uh is a unique situation uh whereas this property was seized by the Sheriff's Office and technically is in the sheriff's name and we are we are being the being their representative to help them dispose of the property to recoup the fund so Tech but we but we could have County property I'm just going back to the program that we had that got stopped where we were working to better neighborhoods absolutely so we spoke with the commission um in late summer uh and spoke to each one of you individually and got your feedback on Habitat homes and other things like that related to our Surplus and disposition policies that policy the updates for all of that will be coming back to you in January and so that updated policy will be coming once again it's a missed opportunity to better that Community this is an in elfers right okay that's it that was just for discussion no yeah
1:17:13no vote no it's too late we already put it out to bid no we still need to vote you still need to vote well I mean it's we put it out to bid oh yeah you still and I mean can I if if I vote if there were three votes that voted no what would happen here the sheriff would retain the property um and we would have to discuss with them how they would like to dispose of that property so we could Andrew the Sher the sheriff doesn't have the sheriff T can't take title title to the the only reason that this is before you is the sheriff can't take title to property so you are you are acting as the agent for the sheriff on one of their one of the four fites so if I recommendation would be to approve staff recommendation yeah all right well I'm going to vote no just out of principle because it very likely will just be continue being what it is I got a motion in a second all those in favor say I I all oppos that's a nay okay uh motion pass 4 to one I know okay all right that's the end of consent we'll move to our items what time we got all right it here oh that's that other item that was on there for 11:30 is angle here no that's I can't can't be behind maybe he's listening see to find all this in my R4 and r65 them the two in local agreements 64 and 65 that's what we're doing now that no that's the that's that's so while Roy is getting this ready there's two handouts that are left on the Das that relate to this issue which is one's called identifi policy issues with the LI local act another one's called a greata Bo Association FAA growth and environmental committee and identified issues with a local from the screen those are on those were left on your Das if you want to pull those out for this discussion C what just happened there where' she go what are we doing ping something up here I'm trying to DAV is here for 62 so so there there's two y relat to this discussion it is absolutely freezing in here I'm cool it's got to be got to be mid-60s they're not in my book not that's not good all right I just got one resolution my 65 this on the what number is yours it doesn't have a number on it it just oh it doesn't have a number it looks titled identifi policy issues with the local act that document that docent okay all right you can see those there they say real some you can see but that's the numbers okay all right go
1:21:24ahead morning board Mr chairman Roy masjer development services uh myself and my colleague from the from the county attorney's office Dave Goldstein are going to facilitate uh a presentation on the live live local act the the the purpose of the presentation is to remind the board of of some of the concerns with the live local act uh secondly to update the board on recent events locally here involving the live local act and then uh Dave is going to present some ideas uh uh to the board a list of ideas or Alternatives uh for them to consider while we're working through some of these live local issues you this this slide here is is is the property which really brought attention and Shine the Light on the potential of live local impacting our community and just to just to showing the slide to refresh everybody's memory here's a site on I75 and overpass Road the northwest corner which had the 315,000 square ft of entitlements for commercial light industrial and similar uses and the land owner came in with a developer potentially to make this largely a multif family property and this is this is really the the project was brought this to light um and and got got us thinking about this carefully of a recap of some of the some of the concerns that have been have been discussed is the unfunded local financing liabilities namely the avalor exemptions you know secondly undermines job growth and the ability to work local The increased Demand on infrastructure undermines our policy of a diversified tax base and then there's multiple constitutional and implementation issues with this before you leave this line so one of the handouts that we gave you it's the one that says Identify policy issues that has a more detailed list of what Roy just did a very quick summary but we have identified at least 14 major policy issues with the local act which are summarized in that hand goe okay got a recap of current events what's been going on live with live local and projects here in Pasco County um this has been made a top legislative priority for our County to for the legislature to take up and perhaps address uh the county has sent a letter to the legislature and the as a result of the joint Pasco pinelis Hillsboro meeting about a month ago a letter was sent signed by those three board chairmans in the last two months last three months we've received a little longer than that maybe four months we've received 12 expressed interest or or had initial discussions with properties potentially wanting to use the live local we've had four pre- application meetings had two applications actually submitted one was quickly withdrawn and one is being held right now pending a decision on on how the board wants to move forward the one that's being held is at Rowan and Bailey Road just north of Trouble Creek Road really not very
1:24:42far very far from here we have created a a tool a GIS layer to help us track uh what these what these locations are and where they are in the county you know currently there have been 12 inquiries representing 10 different projects U this is a screen capture of that GIS map the green flags show the actual location of those projects and when you click on that one of those flags it actually gives you that partial information what the use is uh so what we're going for here is as these come in we can actually you know we can ract them and and those present those to you or the community so Ro before you leave this slide um so I have three so I think Mike's had conversations about this too we're a little bit of an outlier we actually have more Li local interest and applications than most counties that I've spoken to most counties that I've spoken to have maybe one two applications we've got significantly more so we're sort of at the epicenter of live local when it comes to the number of applications that we have and going going forward we could further develop this tool um and create a a series of applications uh GIS applications in this tool to set parameters and have it track various properties which are eligible for live local um and depending on how the board wants to go we can actually use this as a tool uh to help track and inform the board on the on the progress of of any decisions that they make relative to the the projects that are submitted really with that said I'll hand it over to Dave to kind of lead a discussion on some of the board's possible Alternatives so before I do that commissioner has any questions about the number of Li local sites that we have or you got a question thank you chair yeah it's important to note every one of these sites is zoned on what C2 I believe all of them are commercial Z some of them are MPD but I believe most of them are commercial Z is that right Rory that's correct Y correct so it's important that you know it's a shotgun blast it's it's important as we go into this conversation and know that these properties that we're Target are job creating sites and we planned accordingly for those sites to do just that so thank you Mr chair go ahead Mr so the first option that we've discussed and the board's discussed this in the past is the what Mr well commissioner waitman has called the nuclear option um I call the sledg sledgehammer option it's kind of a blunt tool it's the moratory um you know there's some pros and cons to moratorium that we've discussed the pro is that it's a useful tool to delay your take us pause while we develop regulations the con is that it's a blunt tool so moratorium is going to catch some some folks that maybe were never intending to evoke the Liv local act and even if you do kind of a targeted Nole type um attack through a moratorium you may not catch some the local sites
1:27:51because not all of our C2 zoning and i1 Zoning is at a commercial node so and we have a map that we could show you kind of a sample of how we could do a commercial node moratorium but it's like I said it's a very blunt instrument it's a sludgehammer nuclear bomb it it's going to catch some people that you didn't want to catch and you know and it may not catch some people that you wanted to catch um second option is a declaratory judgment action this is basically what I like to call a friendly lawsuit um it's it's basically asking a court to declare you know to address so there's a we identified a list of 22 legal issues and there there's a another handout here that talks about these 22 legal issues it would be asking a Court to declare or or get advice from the court on how do we resolve these 22 legal issues under the LI local act some of them are constitutional issues some of them are ambiguities under the LI local act and I didn't create this list of 22 issues on my own there's actually a a committee the Florida Association County attorneys the growth and environmental committee um I've gotten some of the issues on list from that committee so these are issues that have been identified Statewide um with the live local act so we're now up to 22 legal issues so we'd be asking the court for a declaration of how we resolve these 22 legal issues the theory would be that we cannot process these applications unless the Court gives us advice on how to resolve these 22 legal issues it's more of a scalpel approach as opposed to the Sledge Hammer or nuclear option because it would only be basically suing those projects that actually intemp to invoke the LI local act it would not be targeting anybody else now we would have to serve the Attorney General with the lawsuit because if you're challenging the constitution constitutionality of an act you do have to serve the Attorney General so they would have an opportunity to weigh in um the pros of it is you know it's a scalpel approach the con of it is that all we can address in a declaratory judgment action is these 22 legal issues so the 14 policy issues that we that are on that list those are policy issues the Court's not going to be able to weigh in on those things that's still going to involve some legislative effort by the legislature so litigation might be useful tool to resolve the legal issues but unless we get the entire act thrown out as unconstitutional the legislature is still going to need to take some action to address your policy concerns so I can't can't get a court to solve the policy problems but Can Be an Effective tool to clear up these legal ambiguities in the act the other downside is anytime you're with litigation there's going to be some litigation expenses um particularly the second item on the legal list the the legal list about you know whether this is a charitable purpose for the tax exemption whether it's a charitable purpose that probably would require us to retain an expert
1:30:45witness to testify that these avalor tax exemptions are not for a charitable purpose at least that's my that's my opinion but I would likely need an expert to to hire an expert to testify to that um third option would be that we just process the local applications um the best we can even though there's 22 legal ambiguities just do our best to try to process them um but you do it without giving them any form of relief the live local doesn't live local act doesn't require that you give them alternative standards or variances on parking neighborhood parks the typical variances and alternative standards that staff and you you normally give for those these type of projects you don't necessarily have to give those for a live local project so if you wanted to process them you could do it in a way to tell in direct staff and say process them but don't give any relief and then the fourth option would be just process them best you can like any other application and sort of just you know try to follow the law the best that you can so those are the four options we've identified I know um other commissioners and some Commissioners have raised other ideas such as down zoning all the property in the county don't recommend that because you're also going to have some unintended consequences and I also think some potential claims against the county if we wouldn't hadn't did that I mean you know the the concept that was discussed was changing all the commercial zoning or industrial zoning to office well the problem is with that is you may have a perfectly legitimate Commercial Business that was prepared to develop under C2 zoning a public a restaurant now they can't do it if changed their zoning into office so I don't think that's a realistic option and it may even result in some legal liability so um it's really up to the board as to how you want to proceed um with this I think staff and the County attorneys offer us to prepare to implement any four of these options um it's really up to you is give us some direction on where you want to proceed um sounds to me like we are to be doing the option two where we ask the court to clarify before we move forward on on those items so but what's the board think Mr um a question on the um uh process applications and strict Accord accordance will there be an issue if we do that for some but not for all you talking about the live local applications so so we frequently are waving the park requirements in a multif family if we do that for this this regular zoned one um would they be able to come after us on a local project if we didn't treat them you know if we did it on one but not the other so the only argument I think they can make would be equal protection but I think there is a rational basis to distinguish a live local project from the other project that are going through the process because the little local project is
1:33:54getting Exempted from land use and Zoning that's a big exception that they're already getting so I think you could rationally say you already got this big exception which is exemption from land use and Zoning you shouldn't get any other exceptions so I think there is a rational if somebody brought an equal protection argument like that I think I'd feel comfortable defending it if that's the question so I'm wondering um if we proceed with number three but let the legislature know we're going to if we don't get some relief we'll go to number two that's just a um a thought because I know this is the Senate president's so so I got to question you one thing though if you go with number three it may be difficult to go back to number two and let me explain why okay because number three you're basically starting to process the app that you're kind of evidencing the fact that you can process them if you're asking the court if you're telling the court I can't process these applications because I'm in doubt on these 22 legal issues then you start processing them that calls in now somebody could argue well you're not in doubt Pasco County because you processed okay you started processing the applications all right then there's a reason we're bringing this to you before we've started processing anything so if you want to go with number two my recom recomendation would be that you do it before you process even the first application so would that put all the um all of them on hold while we go through this effectively yes okay well I want to be clear well we have to do it puts them on hold for utilizing the live local act it would there would not stop any of them if they want to go through our normal zoning land use process like the rest of the world right they can still do that and we've had we've had some discussions with folks that may in fact do that because they're fully aware of how our board feels about the live local act and so they may in fact go down the path of just following normal land use and zoning and I want to be clear even if you elected option to if an applicant had already filed an application and then they say oh my God I'm going to be sued if they redrew their application we would not sue them if somebody says we're not going to invoke the live local act we're going to go through your normal process then we really there really wouldn't be a basis to be suing them for a declaratory judgment because they wouldn't be invoking the local okay so we're suing the developer not the not the state well there has to be defendant in any action I want to be clear you're asking the court for a declaration of our rights under the live local act there has to be somebody that you name in that lawsuit in my opinion that would be the The Entity that's invoking the live local act which would be the developer okay but like I
1:36:48said three the first three of these claims are con stitutional claims for those claims if I'm if I'm asking for a Court to declare an act unconstitutional I have to serve it on the Attorney General of the State of Florida so but that wouldn't be a name the State of Florida would not be a named defendant there's a statutory requirement that correct they could jump in yes they could they could intervene yes and and it may be it could be one of the developer defendants may try to bring in the state I I I can't but the problem with suing the state is there's always an issue about who you Sue with the state do you see the governor do you see Ian there there's in my opinion the the best defendant is the one that's actually attempting to invoke the lib local act okay Mr chairman yes so I'm good with the initiating the declaratory judgment I think it's a good first step I think if it's not going to work if we find issues with it I think we got to really look strong at going to the more atorium um and put that message out there the process applications in strict qus with no uh variations alternative standards is a great thing and if the first one works then we're good but hopefully that would be enough incentive for but I think if as a jobs poor County and there's several of them out there I think this could be devastating if any of these live locals get through CU once one gets through they're all coming yeah and that would be devastating for our tax base devastating for the whole Community y from what I Mr chairman okay from what I understand the difference between 120% Ami and our market rate is not that different that's kind of that's kind of the argument that we're making if you look at the second legal issue is that I think there's a very viable argument that that's unconstitutional to be giving a tax exemption to a for-profit apartment Builder based on them providing rents at 120% of Ami at least in Pasco County I think there's a strong argument that's not a charitable purpose that that's not an act of Charity and the Constitution clearly requires that you can only give tax exemptions for a charitable purpose the legislature declared it was a charitable purpose and maybe in some counties it might be a charitable purpose to have rents at 120% of Ami but in Pasco I don't think it is yeah and I heard other counties at fact say it wasn't in their County it's Market rate and it makes a real unfair advantage to the regular apartment this in my opinion I think if this act had been directed to housing below 60% or 80% of Ami this would be a completely different conversation but in my opinion this act is basically just subsidizing for-profit apartment Builders yep yes sir thank chair yes thank you um Roy and David and uh David Engle he's not here with all your your work and your time with our office and dissecting
1:39:56the live local act and understanding it's been it's been difficult our office has had been having active and robust dialogue and negotiations with several live local projects and uh they haven't been easy and our County does not have the ability to negotiate I mean we're literally negotiating against ourselves and it's been quite frustrating and I think it's important that we move forward with um the de the the Judgment against these uh sites that way we can find time in a I think it'll wake the state up I'm very disappointed in fac for not taking a position on this I I don't know why we pay dues to them this is their job and we're growing County Pasco is known now everybody's wanting to come here whether start a business here or or live here um and quite frankly this is this is going to hurt us to all the points that commissioner Mariano made so I think it's time that we we enact judgments on those that are coming in through through Liv local and it gives us a leg to stand on as we work through uh how to manage these type of projects and maybe just maybe this will be what uh helps the state take a take a look at it this session because we want to offer Solutions we want to help provide a way for folks to be able to afford to live to have good quality affordable housing in our community but this is not the way this does not help anyone but out of state apartment developers and investment firms so I appreciate all your efforts in in this excise number two is what we need to be going forward to so so I'm heing our best rout that's the direction I think number two is that what I'm hearing I'll go with number two but I want be ready to go back well yeah we after that if they don't work we're going to try to find some other ways so I will I will caution you that litigation is generally not a fast process so I may it may be a while before we determine whether number two works or not so many times claims last a year or longer yeah and if I could just add to that part of the part of the plan is to continue to lobby for change you know U you know we've got a number of of policy issues that that David has mentioned and so we continue to work that during during the process and then whatever happens with these live local projects is is what happens whether they come in and seek rezoning through the normal process that that's a different ball game but we will continue to Lobby uh for changes with the legislature this year and and future years to to continue to make this right for jobs poor counties you know like Pasco County right yeah okay everybody okay oh Mr White thank you chair is this the top do we want to bring up the overpass site I know there's Representatives here do you want to put that we can put that back on yeah so we've been actively working this was obviously the one that that really brought attention to
1:43:03how what do we do with Liv local now that it's here and the other site we're actively uh working to figure out is at 54 in curly um that one's not ready to bring forward yet there's Roy can talk about kind of where we're at there we're actually working through it so the the the overpass and curly Road Site um it's been an interesting negotiation the the the the partners in this project have really stepped up and have really been working well with the county to bring forward uh a much better product um including adding an opportunity for industrial on here um and you know keeping commercial but there is a residential component to it um uh there is a representative from the overpass site in the crowd if he wants to come up and talk with the reason that we're doing this this is unchartered Waters we've never done this in order to prevent it become to become a live local site it's really an active negotiation and so it's we're we're working through and how to to process things to prevent live local from happening um and I I'd be anxious to see what the board thinks about the the plan that they've come up with uh Mr engle's not here but I'm fairly confident he's or anybody from his office said that this the new plan actually adds more value to the county tax base uh and it and it provides uh more opportunity to the county so I think this one's worth looking and talking about that way we know what direction that we can give to the property owners and how the county we move forward and negotiating these type of deals yeah Mr chairman yes can I ask a question yes sir David we had picked out a different section A couple years ago on an apartment moratorium Old Pasco roads still got to get improved going all the way up could we take Old Pasco Road from overpass road to the north and just make that a moratorium area you can you can do a geographic specific moratorium um you know I guess that would be up to the board but I think point they're trying to come in so let me be clear they originally said they wanted to invoke live local they now have said they didn't get a very warm reception from the county when they said that um so they came back and said we'll redo our project we do need some residential in it but we're willing to provide some non-residential as well we're willing to provide some town homes and not it all be Apartments but the two requests they made were one that we they want they want to go through the zoning elanus process to be clear so the same process everybody else follows but they did ask for and I don't know if they're here but they did ask for it to be the review to be expedited and they asked for a waiver of the application fees for the zoning and the land use change and with the industrial yeah would also have a gestal component as well so um I think the commissioner Whitman's point is the
1:46:20question for the board really is is that something you're willing to entertain I mean if you are willing to entertain it there'd be no point to do a more atorium on it because that means it's something you would like to have so I I think that's ultimately commissioner Whitman's question is is that something are you willing to entertain because previously the board said no residential at all on this site that was previously in the comp plan now it says no residential at all on the site the question is is is that something would the board consider a mixed use project on that site and I'm going to say we built a Mr chairman sorry yes go ahead you know we spent a lot of time picking these sites uh to the South we put that industrial park down below I will tell you that the money spent on The Interchange that we put our own money into was huge when and I drove by from like say at 52 down W Road not Ro but curly Road swung all the way around there watched it through drove through there got all the way to 75 the it flows I I wasn't there at Prime Time as far as traffic goes but from I'm what I'm hearing from there to hand card over you try to put more residential that you don't need to it's going to be a disaster Old Pasco Road from all the way up I'm glad it's going to be bid but again from from that intersection all the way up if it means moratorium we need jobs this is a key key spot you got great demographics in Wesley Chapel that people are going to want to stay say you've got to the South you've got all sorts of Apartments already was it 7,000 Apartments coming in and now you're going to throw more into there I mean really we need to keep the jobs here and and and I'm comfortable just like we did before take overp Pass Road take it all the way up so I want to be clear though if you invoke option number two the board just did they really wouldn't be able to invoke live Lo on the site unless they win the lawsuit basically MH so yeah I'm not sure what a moratorium does for you it's already their only choice would be to currently the complain says it has to be commercial or or office or light industrial so that's the status quo the only way somebody gets around that is to invoke live local which under option two we would be filing a declaratory judgment action against them so I'm not if you're just trying to keep this site commercial you don't need a moratorium for who said who said for all of overpass road if if you're trying to stop any multif family from from occurring anywhere on a pass road I guess that's that's an option but I don't think I don't want you to think you need a moratorium just to stop yeah this site from becoming residential it already is prohibited from being residential in the current comp plan so if we're good with number two then that and like I said I'm good with number two first yeah but I just want to send a message that strong we need jobs
1:49:14right there right yes if the applicants here I'm willing to listen cuz I haven't had that opportunity to hear what their thoughts are but well we had a Time certain at 11:30 any any residential that goes on here that's off the tax rules I would not be okay with so I my preference is kind of Le yeah I want to be clear they did agree to wave the tax exemption the little tax exemption okay and but 120 and they're going to do 120% Ami I think they would just do market rate rents that is um it wouldn't be an affordable project at all anymore so so the bargaining of they won't do live local but let us have residential is this a vertical mixed use or is this a mix of uses on a property there are not proposing vertical mixed use yeah so I would I would probably be for straight commercial keep commercial the applicants here I welcome to say if I said that wrong here are my facts accurate okay they're proposing basically horizontal mixed use there's there's a my recollection of the San has had some commercial and office maybe light industrial on the Frontage of overpass Road I I'm sorry on the Frontage of Old Pasco Road and then had residential and some town homes and apartments in the back you know typically I say near an intersection with a lot of public investment that's a good place for density but there's so much on overpass Road already that concerns me um and I just think that that needs to be jobs jobs jobs on that well it really needs to be because we spent $65 million of citizens money toward toward this interchange and we need to go forward with what's best for the county what's the piece just north of this red piece I can oh let me use my little thing oh no it doesn't work it only works on the wall it doesn't go on screen okay I think there is a vacant piece that was part of the there's a residential MPD to the north which I think is Grandam Ranch if I my memory is correct okay um they had a small piece of their MPD which they're not really using I think this project of the South was talking about acquiring it for storm water or some other purposes but it's not it's not really large enough to be its own development piece it' probably only work as if it was incorporated into the property to the South and is that a wetland between that property and um overpass the I75 that long skinny piece tell I believe a lot of that is Wetlands yes there there there are significant wetlands in this area but the piece that we're talking about it's in red does have a lot of Upland areas it's a developable piece of of property okay we wouldn't have zoned it for commercial if it was all wet ones chair chro please yes thank you the followup though I mean we've had I think we've had quality dialogue with the applicant on there and the fact that theyve they're they're open to if if we work you know to make this
1:52:29have an industrial component or if they choose to to reone it to um an industrial piece I I think they need to give us a presentation that way we can see because until now we had no negotiating power until we picked what we were going to do and right now it was just okay let's try to work as expeditiously as we can to avoid a live local product going on these sites and it's even tougher negotiations going on at 54 and curly Road uh that's an interesting one but we'll save that for another day uh but I think we need they' put in the time and the effort and uh we can do this during I guess maybe my commissioner times we have time certain I I I saved everything for live local today but I committed to them that they'd have an opportunity to present what they were thinking towards the board and get the board's get the board's take on it since they were kind enough to go back to the drawing board and spend the amount of time that they have and coming up coming up with a new plan um and so I I said i' bring it I was going to bring it up last meeting but we ran late um and we didn't have this we didn't have David's you know legal direction that we have now so I guess it's board preference on what we what we want to do here so I want to be clear anybody could I mean they they can file an application to change the land use to PD to do what they're asking to do the specific request that they made and if the applicant if I say this wrong I'm welcome them to get up was that they wanted that application to be expedited um and they wanted their review fees waved that's the only thing that would require board action is if you wanted to wave their fees and direct staff to expedite their application otherwise if they just want to file an application to change it to PD in the normal course you could react to that like you would any other application it would just go to the planning department planning department would evaluate it determine whether they want to support it or not or require some of it to be vertical mixed use or require more of it to be industrial the specific request they made to us in those negotiations was are you willing to wave the fees and are you willing to expedite the review that that was really their request if the applicant Mr chairman am I saying that accurate okay so apparently the main request is that the review be expedited so Mr chairman years ago when I first became elected I went to a seminar and I get to hear an attorney talk about how he's how he dealt with the county commissions he says I ask for the most egregious things I can possibly get could probably never even get and let him go stew on that and slow work them down to where I get them to where I want to go this is a prime piece of property we got a ton of money invested in it and I don't want to start negotiating from their spots coming down I think we really got to protect that piece and if it means the lawsuit first
1:55:34and come right behind it with the motorum from there to go all the way up overpass just so we're protected so be it yeah but we've got to protect that piece we get too much invested and the people don't want to see it I mean you heard the what we have 9:00 the other night that whole area is like all concerned what's going to go on here now for what's coming in there's going to be enough commercial on the other side to throw something else over there when you don't have to it'd be crazy and again devastating for us I'm in agreeance with that so anything else all right you have direction if we could get a motion to authorize the county attorney's office to file suit um a declaratory judgment action on those live local projects which the county attorney and the chief assistant believe would protect the board's position um and I want to be clear it would only be those that file an an actual application there's a lot of folks that have just had discussions with staff about the local we would not be filing suit against somebody just for having a discussion with staff so they' actually actually actually filed an application and then state that they're unwilling to address draw and go through our normal process okay has um one question has this property been closed upon or is it contingent the closing contingent upon approvals I don't know the answer to that question only the land owner matter matter yeah yeah I I'll adopt the county attorney's uh statement for the motion second got a motion in a second all those in favor say I I I I all opposed like sign hearing none it passed unanimously so you have your direction thank you very much okay thank you now I've got a Time certain it was at uh we can go to the afternoon sir that's well how how I can't I want to take so yeah I can't stay till 9 o' like last time I have to be St 9 o' okay I I have to leave by no later than 5:30 okay we'll be done we'll be done okay so we'll uh recess for lunch and then come back afterwards so where's my phone what was be a time sir [Music]