8.19.25 Pasco Board of County Commissioners Meeting

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feel. [Music] Yeah. Wow. Wow. Wow. [Music]

Hey, down. [Music] Well, that's too bad. Do they not They don't even have a contract. I got the inside scoop.

Bring it on.

Okay.

All right. Is everybody here?

No.

No, I haven't seen it yet.

It just popped up. I don't know where.

Okay. All right. Good afternoon and let me get my So, welcome to the uh afternoon session of the August 19th board meeting. Um and we will begin with our public hearings starting with P53.

Yes, ma'am. We have proof of publication of this matter. Previously in the February 5th edition of the Tampa Bay Times for the March 25th, 2025 board meeting where it was continued to April 22nd where it was continued to May 20th where it was continued to June 17th where it was continued to today.

Thank you. Uh good afternoon. Amy Tol with planning development and economic growth. Item P-58 is an ordinance amending the Pasco County Comprehensive P58 or P-53, excuse me, sorry, P-53. Uh, an ordinance amending the Pasco County Comprehensive Plan providing for a comprehensive plan amendment to the future land use map 2-15 and sheet 10 from RES 1, residential 1 dwelling unit per gross acre to PD plan development on approximately 7.83 83 acres of real property located north of the intersection of Little Road and Jasmine Boulevard and a text amendment creating sub area policy flu 7.1.82 Little Road PD and a map amendment to the future land use map uh 2-9 amending sub area map 2-982 uh or adding I'm sorry adding sub area map 2-982 Little Road PD. This is a continuence request to the September 16th uh public hearing in Newport Richie. I'll take a motion,

Madam Chair.

Yep. A

little discussion. Um, and I appreciate getting the continuence because when this was looked at, uh, it's a again it's closed based on a special concern. I asked them to do the engineering. They first they do in 30 days, then 60 days. We're on a third continuence from that point from back in May. I would like to see this continued time uncertain. And once they come back with the storm water plan, how it's going to be handled, then let them have a town hall meeting, figure out what they can do in the property, and then have it before the residents, and then go to the planning commission, then bring it back to us. These continuence is just not fair to the people to be continued over and over and over again. Some of them don't even know that this was being continued and some couldn't even make it today. So, I think it's time to start this thing over again because clearly when I told them the concern of the flooding that was in the area, uh, they just didn't get it done. And I I don't see another 30 days going to get it done either.

Well, um,

chair, if we do that, then there's several others.

I mean, that's kind of setting precedent for other projects. Well, I want to hear um that with from staff who's been working with the applicant. Where where are where is the

Sure. So, storm water was submitted that engineering was submitted and our storm water team uh did take a look at it and they confirmed that it's sufficient.

Okay.

Then I'd like a meeting with staff. Move to continue September 16th.

Second.

Um all in favor? I

I

Okay.

Uh P54 was published in the April 30th, 2025 edition of the Tampa Bay Times. Um and was supplemented by an affidavit of certified mailings and site postings for the June 17th, 2025 board of county commissioners meeting where it was continued to today.

Okay. Uh so item P-54 and P-56 do have uh residents signed up to speak. Item P-54 is the comprehensive plan amendment and item P-56 or item P61 is the companion MPUD resoning. Uh it's up to the board's discretion, but I would recommend hearing them together.

I I don't mind hearing them together. Board,

I'm fine with we do this before. Do you have to swear people in though?

Yes.

Why don't we go ahead and swear everyone in now?

Procedures now as well.

Go ahead, sir.

There are two reasonzoning agendas, regular and consent. Staff will present each application to the board of county commissioners. If staff or planning commission is recommended approval and there is no opposition, the applicant will be given will be and there's no opposition, the application will be considered by the board without further presentation. And if staff or planning commission has recommended denial or if there is opposition to the application, the applicant will be given five minutes for presentation. The opposition will be given three minutes for each individual, five minutes for a group representative. And the applicant will be given three minutes for rebuttal. Any individual disagreeing with staff or planning commission recommendation or anyone wishing to object to any condition of the reasonzoning may at this time request the petition be pulled from the consent agenda. in which case that application will be heard under the regular agenda later on during the meeting. Otherwise, all resoning applications on the consent agenda will be approved by a single motion and vote. If you wish to speak to any petition, please give your name and address and whether or not you've been sworn for the record. These are quasi judicial public hearings. The law in Florida is that mere public support or opposition of an application is insufficient for this board to take action. Please limit your comments to those criteria found within the board's land development code. Mr. Clerk, would you like to swear the public in, please?

Thank you, sir. Yes. Anyone wishing to speak to items P58 through P61, the zoning items P-58 through P61. Please stand. Please raise your right hand. Do you swear testimony you will give in these matters? Is it the truth? So help you God.

I didn't. Uh when you come forward, please give your name and address for the record and uh acknowledge that you were sworn. Thank you,

Madam Chairman. And if you're going to hear these two together, I would request that you take separate motions on each on the comprehensive plan first, then followed by the zoning. Um, if the public is here to speak for one rather than the other, please identify their comments as being for the comprehensive plan amendment versus the zoning amendment. Um, and they should be given three minutes for each item.

Yes. Um, okay. So, let's start with P54.

P54. Again, this was published in the April 30th, 2025 edition, Tampa Day Times, supplemented by certified mailings and site postings and was uh for the June 17th board of county commissioners meeting where it was continued to today.

Okay, thank you. Uh so again, Amy Tol, Planning, Development, Economic Growth. Item P54 is a comprehensive plan amendment. Um, I'll read the ordinance. This is the adoption hearing for the comp plan amendment. So, I'll read the ordinance into record. An ordinance amending the Pasco County comprehensive plan providing for a smallcale comprehensive plan amendment to the future land use map 2-15 and sheet five from res one residential one dwelling unit per gross acre to res 9 residential nine dwelling units per gross acre on approximately 30 acres of real property located on Corella Drive approximately 231 ft west of the Sun Coast Parkway and providing for addition additional text amendments as necessary for internal consistency. providing for a repealer, severability, and effective date. So, here's the aerial view of the subject site. As you can see, it's located on the west side of Sun Coast Parkway, uh, just north of Shady Hills area. The project overview is a small-scale comprehensive plan amendment from res one residential one dwelling unit per gross acre to res 9 residential nine dwelling units per gross acre to allow for a maximum development of 186 ft simple town homes on approximately 30 acres. The location is on the north side of Kella Drive bounded by an Annhurst Lane to the east and approximately 231 ft west of Sunost Parkway. There is a companion reszoning petition in the name of our Cola Shady Hills MPUD. Subject sites located in the North Market area and the context map shows the uh subject site with the red star adjacent to Cruz Lake Middle School and Mary Gella uh elementary school. You can see Kella Drive there as well as Shady Hill Drive and Sun Coast Trail. Here's a transportation network context map to show old Pasco Road, which is the applicant or I'm sorry, this is

what

that's not right. That's That's not right. That's not Old Pasco Road. Um, we'll fix that. That's Corella. That's the subject site. So, uh, as you can see, uh, Shady Hills Shady Hills Drive is currently on the CIP. Uh, from Kella Drive to Bosley Drive. uh Peace Boulevard is highlighted here as well to show that there is a bus stop in proximity to the subject site. Uh Cruz Lake Middle and Mary Gella Elementary School as well as Shady Hills Drive uh in proximity to the subject site. You can see it also close to the Sunost Parkway which has uh uh amenities or proximity to the Sun Coast Parkway trail. Um so subject site is located around public facilities and uh school systems as well. So this is the existing future land use to resz one uh or it is res one. The proposed future land use to res 9 the comprehensive plan consistency. So the proposed amendments consisted with the following comprehensive plan policies. Uh policy flu 1.1.2 2, concentration of urban densities. Policy HSG 1.1.2 comprehensive plan amendments. Uh policy flu 1.4.3 transitional land uses policy flu 8.1.5 north market area and policy flu 1.10.1 compatibility review. And with that, we re recommend approval of the proposed comprehensive plan and adopt the ordinance by roll call vote. If you'd like, I can bring staff up for the MPU resoning and just go ahead into that presentation as well.

Madam Chairman, I need to clarify the proof publication that I gave before was for the plan amendment. There is a separate um for the record. There is a separate um proof of publication in the Tampa Bay Times July 23rd, 2025 for the zoning uh part of this discussion. Um, okay. Um, do we read in the other one as well or do we stop?

If you're if you're going to take consolidated public comment, yes, you're going to have to open both items.

But I'm asking if we do that right now because I don't remember how we do it when we put them together.

Yes.

Okay. So, you're going to read the P whatever the other one is.

Uh, 61.

P.

We can go through that presentation for P61 as well.

Yes. Okay. Good afternoon. William Vermillion Planning Development Economic Growth. This is PTE 257850 Arcola Shady Hills MPUD. The location map. This is a resoning request from AR Agricultural Residential to MPD master planned unit development to allow for the development of a maximum of 186 platted town homes on approximately 28 acres. This is on the north side of Krella Drive, 1,200 ft from the intersection of Krell and Shade Hills. This is the subject site location. the current zoning map, the future land use map. Here is the overall contextual map of the location. And for the purposes of this, I have asked Tony after this discussion to pull up Pasco Mapper so we can see a wider view of the area when we're talking about some of the pedestrian infrastructure improvements that are going to be occurring along Shady Hills Road. So here you can see Mary Gella Elementary School to the south as well as Cruz Lake Middle School uh going towards the east. This project will be improving portions of substandard Krella from their project access to the elementary school as well as installing pedestrian facilities on both the north and south sides of the road. the a as well as safe pedestrian flashers for the students to cross the street towards the elementary school. It should be noted that PTE has communicated with the school board on this and the pedestrian facilities that currently exist at the school. There's currently a gate at the elementary school that's locked and upon completion of these pedestrian improvements per Mr. Williams with the school board. That pedestrian gate will be unlocked to facilitate students travel to the elementary school outside of the drive aisles of the school as well as a school safety officer being placed at that gate. [Music] the sidewalk outside of the subject boundaries. It's a a portion of the fiscal year 2026 construction plans is currently at 30% design. That improvement goes all the way north to Bosley Drive with the uh the 5-ft sidewalk from Cruise Lake to Bosley, which will connect the gap from the pathway on the south side built by North Pasco Corporation Center and the Sun Coast Trail. This project for fiscal year 2026 is also providing a pedestrian beacon at Green Glenn Lane, which is the area that the commission will be familiar with is the uh the current side of the baseball fields and the uh the county park. They are going to be putting in a safe pedestrian beacon there with the sidewalk to the south of Green Glenn Lane to the county park entrance. The county is also constructing a traffic signal within fiscal year 2026 at Bosley Drive intersection with Shady Hills Road and a traffic set traffic

signal at Little Ranch Road in fiscal year 2026 to support the new fire station on the west of Shady Hills Road. This is the MPD master plan. But more importantly, here's the binding concept plan showing a centralized park with the platted h town homes in a in a uh designed in a grid manner with the stubouts both to the north and to Anhurst. The connection to Anhurst will not be made now either as emergency or as a functional access until the time that Anhurst is improved to county standards. It's currently a a dirt road that's serving as essentially a private driveway for residents that live over there on the on Anhurst. You can see here depicted as well in the red dotted line the pedestrian facilities on the north side of Krella which will be going to the pedestrian facilities at the school and the middle school and then on the south side to Mary Gella all the way out to the sidewalks and pedestrian facilities that are being constructed out along Shady Hills Road. And then in fiscal 2026 when construction kicks off all the way north to Bosley, the widening of Shady Hills Road is within the cost feasible plan for NPO's 2050 long-range transportation planning in the 2041 to 2050 uh time slot. There is uh increased buffering with this MPU along the east side to Anhurst for those existing neighbors. We're doing 20 ft instead of the code required 15 with a 6 to 8ft tall opaque fence. The linear shade trees as well as the shrubs. With that, there's one variation request for this MPD from 901611, which is street design and dedication requirement. Street access to adjoining property. this project site could not directly connect to the to the middle school site on the east. The school board didn't want that connection as most of their their track and field activities happen over there as well as another myriad of safety reasons and in which case staff is in support of this variation because of that enhanced pedestrian mobility that I just spoke to as well as the safe crossings to allow the students here to get from both the elementary school to the middle school. This comes with a recommendation of approval with conditions from both the planning commission and the planning and development economic growth department. I'm here for any questions.

Madam Chair,

yes.

As we're getting to hear both these things, um I want to thank Will and Rob for going out with us. We went out on the site. Um we met on Wednesday morning to talk about this project. Uh Thursday morning at 6:30 in the morning, these gentlemen get up in the morning to go see what the traffic was like. and I give him great kudos for going out there and taking the time to make that happen because you didn't have to do it. But I appreciate it.

Thank you, sir.

Tony, if you would just play the video as we talk a little bit.

He's going to show you a series of videos that while we're in the truck, they were they were actually able to see.

So, we've heard many people from Shady Hills in the past few years talk about Shady Hills Road, and I think we just heard that it's not going to be built till 2041 on the 2050 plan. The traffic that's out there right now, this is coming from the south near 52 heading up toward a school that's being built a little bit below Del Webb. I mean, a school that's already in place built below Del Webb. The traffic is intense all the way down. Uh you'll see that another development even coming onto the side which is going to add to more traffic. It's not even part of this traffic mix yet. Um you can fast forward a little bit, I guess. I don't know if you can or not. uh shows you a little bit further. It's just steady steady flow of traffic all the way through. Entryway into Quail Ridge where some construction's going on. O

that's it's just steady steady steady. And that's coming out of the school where they got a really big loop, but the loop is still being blocked from above to come out here. You got to try to get out. Um, and again, it's a two-lane road with three school, four schools on it that go. And I want to say that u, you know, Ripper and Barbara Willai were great putting the Shadio's elementary turn lane in there, which helped a lot. But here's one with just a huge turn lane or access lane going in and around the school, but still you'll still get traffic. And if we're going to do put industrial, I mean, you'll see in in a little bit, you'll see Senica trucks that are like lined up trying to get out going through the traffic. And if we're going to build for creating jobs and we can't fix the traffic, all the industrial jobs we're trying to bring in, all the jobs we're going to try to create, if you don't have the traffic fixed, it's going to be hard residential development before these this school on the right. I'm sorry.

That was a school on the right. Yes. And now now it freeze up for a bit. Del Weed's coming up and uh you'll see Del Webb to put a nice sidewalk running up here, which is good um to get down to there, but um won't see a lot of action to it. All right, you can flip to the end of this one, I think. Go to the next one.

Now you're coming back the other way. Look at all the traffic coming back the other way as we're getting up up to the schools now.

That road there's no going north.

We're heading north now. And this is the traffic heading to the south.

And no street lights. I see.

Yeah. And look at look at there's no trail on the side either. You got dirt bikes, dirt roads. um for kids to go back and forth on. So, even if you're trying to commute and try to come out of these one of these side streets, think about how difficult it's going to be to get out there, too. And this this truck can't even make it through this intersection that's right here. He's got to go in the other lane to get over here. So, clearly not built for even big industrial stuff yet. I mean, this this road needs to get done. And part of what we're seeing too with all that traffic coming down from the south is all those improvements up in Spring Hill, Hernando County are now finding this is a great shortcut to come down. But again, weekend there's a truck from Senica trying to get out that that got out. Um there's just more traffic from you just getting a view as we're turning back around. We're going to head down and I think we're head down to Cruise Lake at this point. Go ahead to the next one. So, working our way down as Cruise Lake Elementary, which on the lefth hand side, you'll see we actually got a sheriff's deputy in the intersection that's allowing just for for the buses to go to the left. And there's another car to the side, another sheriff's deputy sitting out there just kind of watching to for traffic or whatever may go may go on. So, again, Cruz Elementary on the left, that's the turn where the things go. But look at the traffic just coming down here. And we haven't even opened up for the uh prime time with the schoolers yet. Now, all these people going to come down to this intersection and take a left turn. Might be a light or two before we get there.

I will I want to say this. Cruise Lake did a great job on their design because they can take their flow going in and around. It does a good job, but all the traffic that's out front getting in is where this thing all gets clogged up. And we had that accident a few years ago. I think Mr. Mr. Stark and Oakley, you were on with me when we had the middle school student come before us asking for a light at Southwind. That's the light that we put in and thank God we did. Um, but again, the traffic that's in this area right here, this quadrant now for the next hour or so is is pretty intense. Um, so Cruise Lake's going to open up here at 8:30 and the traffic in there is going to be moving, but it's light to light to light, backed up. Um, not sure if I think we're going to go in front here. All right. So, you're going to go in front and in the front you're going to see people that are crossing over to the side. This is back a little bit later. Same little bit little bit later in the in the day. There's a second uh police vehicle that's there. And here's people on Mary Jella Elementary. It's about 9:30. These people are crossing over the road going into the back dropping off the kids as this traffic is just like churning around. So Mary Jeller is on the south side of Kella Drive and when this thing goes up it lines up. We got in line at 9:17 right when this traffic started to move a little bit in. They didn't open till 9:30 and the traffic lined up out in the back of Krella all the way till not only to front of Cruz Lake but the other development that's like right beside it coming in with 280 more homes that aren't even built yet. That's going to add to Kella Drive traffic because most of their access coming in is going to be going up that way as well. This just goes shows you more traffic here stuck. All right, go ahead. Flip the next one. Last one.

Last one. Okay.

Now, what are those cars?

I'm trying to see where we're going here. It's on Shady. That's on Shady Hills. Heading heading down.

That's back in front of the school. The other that's charter school again.

Yeah.

So, my my point to you is this. You got a road that's two-lane. You don't have sidewalks, trails, except for small parts of it. Not where all the kids are coming from yet, but you know, some of the infrastructure is getting filled in, but the road needs to be improved before you're going to put more density. You've got 280 homes being built on Krella Drive to the south side. It's got one access point out on Shady Hills Road, but most of the access they just built in is going to be going out in Krella, taking the light and coming out either heading north, south because if you can't go out and go one way or the other, you're going to go head the light, which most people do. So all that traffic that's 280 homes coming on Corell Drive, just keep in mind little dead end road. All that's going to be thrown in and now you're going to add another 180 homes. I think in time this development is is very appropriate, but before we bury these people with more traffic out there and more issues out there with with our own job creators that are out there like Senica stuck in traffic here. I mean, if these guys take a long time to get there, they're not going to want to put more industrial in it, more jobs to be created. And we've got 300 acres of industrial land out there ready to come in, but it's going to slow even stagnate that down if we dump more traffic in that area until we're ready for it.

All right. So, I need to let the applicant present. and she's requested uh 10 minutes

and so she's been granted that um and then we can have more discussion and hear from the public.

Good afternoon. Barbara Willilhight, 8627 Graham Boulevard, Newport Richie for the applicant. I just did a combined presentation for both the comp plan and the MPUD. I will work very hard not to be repetitive because you have now heard a lot about this area. You know where it's at. This is the land use map. You've heard about the industrial. You you know Gary's Plastics is there with their two buildings. There's 300 acres of industrial. Um has been alluded to the PSP employment center. There's a lot of employment that the county has driven here. The county's requested that this employment go here. So it's only natural that the the new development the homes will follow. And that's what you're seeing. This is our binding concept plan. It's a greened up version than the one that's in your packet. What's interesting about this is that this client agreed to do no eight uh unit buildings.

I was counting.

So they're all sixes. Um so no 8-unit buildings. We have a a central park feature which exceeds the land development code requirements. We we were context sensitive to our project our development to the east and existing homes to our east enhanced buffer. The client wanted to have a grand entrance to this. This is NVR homes. They do a very nice product. These are just a list of some of the different things that we did. Um enhanced the buffer to the east. The currently Anhurst Lane sits on the client's property. Um we're providing rightway. Not only did we limit the number of units per building, we also said we're going to product is going to be a minimum of 24 feet product. A lot of times you're proven 18, 16, 18, 20. This client has committed to the larger town home units at 24. Maximum six units per building. Our density 6.59 units per acre. That's a pretty low density for a town home project. We've compliance with and exceed PM26. We exceed PM26 because we have dedicated visitor parking 0.25 spaces per unit outside of the driveways and we are exceeding the parks requirement. We have a 2.25 acre park with um only 1.86 acres required. I don't see that very often in any of my presentations. Usually everybody's trying to get out of your um park requirements. This this project is actually exceeding your park requirements. You've heard a lot about the off-site improvements. We partnered with the school board. The school board told us what they wanted to do. We said yes and we did exactly what they asked us to do. They were actually surprised that we didn't question anything they wanted. Um and we didn't. The um the path that on the south side's an 8 foot path and it goes from from Shady Hills Road all the way over the Sun Coast Trail. There's significant infrastructure going in bike ped infrastructure that I don't see in many parts of this county. And some of it's you heard William talk about the county's part portion of what the county is doing, but developers are doing their piece, too. You can see our piece, both the the sidewalk improvements in coordination and the crossing and coordination with the school board, this multi-use path that nobody asked us for on the south side, but we decided to do as an amenity for this community to get so people aren't driving down Krella Drive on their bikes or walking down with their strollers to get to the Sun Coast Trail. They have easy, you know, safe access on an on a multi-use path. developers have filled in. When you go south of U Krella Softwinds intersections, developers have filled in that portion. When you go underneath the Sun Coast Parkway, both sides, that's the PY project, are filling in that infrastructure. So, there is a the countyy's doing their part and developers are exceeding the requirements and doing their part in this area. These homes will be able to walk to both an elementary school that's under capacity, a middle school that's

under capacity. quite quite under capacity that middle school is. They'll be able to walk to work. They'll have trails that get them to the Sun Coast Trail easily, which goes north and south for miles. You can I mean, that's a biker's dream. You can get to Cruise Lake Park all with without getting in your car. This infrastructure, this is a lot of infrastructure that's going in here. Um, so I wanted to just point that out. Some county driven and some developer driven. This is the product elevations uh for NVR's product. As you can see, there's attention to the landscaping. There's attention to all the things that the the the stucco, the facades, the breaking it up, the monotony control, architectural features, attention to all those things that you all have asked for for these types of projects. In addition to making sure they're a platted project with an HOA, um which has been another thing that's been important to the commissioners. These are the impact in mobility fees. Um, you can see the generation, the mobility fees alone will generate about 1.4 million. Um, so with that, let me just see if I had any other notes I wanted to hit before rebuttal. I know we have some public comment, so I will save anything else. I would just I transportation wise, we meet all the requirements. I mean, I can go through and have Steve Henry talk up here and tell you how he did his analysis pursuant to the land development code, both his needs assessment and his timing and phasing meets the requirements of your code. there are no failures um that are created as a result of this project. And that would be it. I will listen to public comment and I look forward to um coming back and and talking to you some more. Um I I did have a question. I don't know if it's to Barbara or Steve or someone. When did you say Shady Hills was getting widened? I heard that some parts were getting approved. Then I heard the whole thing's being done at a certain time. What do we have a timeline?

Let you answer.

Yeah. William Vermillion Plane Development Economic Growth. It's within the 2041 to 2050 uh time band of the affordable plan for its budgeting.

So there's so none of the are there any other improvements coming from any of the developments? What what's a list of the improvements that are being required to be done by the developers in the area? Turn lanes, any sidewalks, anything.

Sure. So, so I I spoke to the the county's obligation uh building pedestrian facilities within construction within fiscal year 2026 from the subject sites intersection north to Bosley Drive.

And I have no idea where Bosley is.

Right. Right. So, I had uh I had Tony preemptively pull up an aerial of the location because I I'd like to orient everyone. And before I continue, the real reason I came up here, okay,

we did uh submit late expartes that came in and to the clerk's office. I just wanted to make that clarification, but I turned out perfect that I came up here.

So,

where's Bosley?

Tony, if you'll uh if you'll zoom out and go north, you can zoom out a little more. Yep. So eventually you'll start seeing so just it's tough for me to see from here you're close to the computer when you see Bosley stop and then whenever I talk about um Green Glenn that's where the baseball fields in the county park are where the pedestrian crossings and some signalizations occurring in the area. Just just just type it in.

It's way up there actually.

Yeah, it's it's it's very far north, which was to my point.

Okay. So, what's happening? What's happening between there and Bosley? There is the pedestrian facilities going in along Shady Hills Road from this intersection where the infrastructure is currently being built by the uh the town home development that commissioner Mariano referenced to the south. It's uh Krella Estates to the south side of Krella Drive. 176 town homes along Shady Hills uh road. There's pedestrian facilities being built by that development as you come underneath the Sun Coast north to Krella. And then the county is picking up construction of the sidewalk from this intersection all the way north to Bosley along Shady Hills Road.

Sidewalk. It's not a multi-use path.

Correct. That is the the first phase that's budgeted.

I was just thinking people sidewalks don't Well, it's better than nothing. It doesn't give a whole lot of mobility. All right. What's the name of those fields? I've been there.

Shade Hills.

Yeah. And that's that is uh Green Glenn that I was referencing before with the with the county park and the baseball fields there where uh additional pedestrian pathways are going in and uh the pedestrian beacons along the south side of that to aid in pedestrian movement to the park from Shady Hills.

Okay, that was my question.

Uh any other questions, board members, or do you want to hear? Um

um if you could well go go down to show Krella Drive again and show those 176 other town homes are going to be.

Yes sir.

Right there in that c that wedge, right?

Yeah. You can see the the grading that's occurred there.

Yeah, those are built.

They're not occupied. Not occupied yet. So all that traffic you saw has nothing to do with that coming on board. And I think Del Webb's still under construction, too, which is going to bring more. And another place below that is being built as we saw is going to come online. And again, two-lane road. Try to imagine all those side streets you saw going up with those big lots trying people trying to get out. It's going to be dangerous. Um, and I I'll give a shout out to Barbara again for doing a great job working with RERA when we and and I want to thank the board for taking that project was going to be a year coming into construction. We got that turnland to Shady Hills Elementary which is above here which is I think it'd be a great asset. People are very appreciative of that. But again, we don't have the capacity to put all these extra trips on here. And your traffic studies, you can hear all the traffic studies you want, but if they don't factor in the developments that are coming in, they don't help and they don't show you true true road. And keep in mind, Krill Drive now is just that little road coming out to Southwind, which is, you know, elevated intersection, difficult intersection to get in and out. You're just going to jam up all that traffic. Well, um, let should we take public comment and we'll take public comment first on the comp plan and then we will take public comment on the resilient.

No, no,

just take public comment. But if they are speaking to both the comprehensive plan and the land development code and the reasonzoning, then they're entitled to six minutes, three for each.

Do we have folks who have signed up?

We have one person signed up, Pastor Jen Carowwick.

Hi there, Pastor Jen Carowak. Uh 15925 Green Glenn Lane, Shady Hills, Florida. Um and I'm a pastor, so all six minutes is mine. Hate to tell you. So anyway, um I coming today and I did send a PowerPoint presentation.

I may have missed it. Did you say you were sworn?

I I did not say, but yes, sir, I was sworn. Thank you.

It's on record with video.

Thank you.

Okay. Can you start my six minutes back? So, um, I did submit

here. You can use that to do the slides.

Oh, okay. Oh, very nice. I haven't done this before. Um, so [Music]

okay. Okay. So, um, I just did like old school went to look at the comprehensive plan based on what is out there currently. I hear a lot about what's coming, but unfortunately, we just heard Shady Hills Road widening isn't coming until 41 to 45 or something is what I think he said. Um, so really, you know, the comp plan shows that, you know, in regards to the protection of the environment, foundation for growth management, this is what is out there now. And when you're looking at growth management, you know, the concerns that I had with regards to this um this particular project, uh maintenance of established residential neighborhoods, protection of rural and agricultural areas, which it is, um provision of adequate service and facilities, I took that to be the widening of the road, providing a good road. Right now, uh, the Krella town homes on the south side of Krella Drive have created a significant issue as a result of like flooding into the neighbors properties because of the road there on that is currently there. Um also additionally um you know the growth management principles I took a look at this protecting rural neighborhoods and effectively limits urban sprawl. So unfortunately you know and again I you know didn't go to school for this. I'm just trying to show the things that I have seen that seem to be that this plan is not consistent with the current comprehensive plan. um relies upon a lands acquisition program that is designed to preserve key ecosystems and protect wildlife, water resources, and natural areas. Again, a solid infrastructure support system. Um, and I'm just going to say I, you know, the sidewalks when they're speaking to infrastructure, they're speaking to sidewalks. And I gotta say that if you know myself being a business person, if I had the ability to do sidewalks instead of throw my change into the piggy bank to widen the road, I'd pick the sidewalks, too. I'm not going to lie to you. But the reality of it is is that there are you are relying on the fact that the infrastructure is going to support these. It doesn't I mean there's also Dell Webb that I don't think anybody if they've purchased a home I don't believe it's finished yet just the models are they just did a grand opening in July I want to say the beginning or mid part of July so you know you're not taking into consideration I believe it was 1,200 homes going into there and you know the traffic study says you know we're hoping for whatever it is per town home like it's like 1.67 six, seven cars or something like that, which I don't understand that, but um and so, you know, the concern is that, you know, this is supposed to embody the design to build long-term community value. We're relying on the fact that somebody's going to put a Publix in the middle of Shady Hills because they have to drive many miles to get to a Publix. The reality is right now the only thing that people in Shady Hills can use is their cars because we did get we don't have the bus system anymore um that was

serving that particular area. And so we're relying on cars. That's it. Period. Point blank. Um there was a study and I'll go I'll um what I want to um there was in 2002 I found a gem 2002 FOT did a study for the need for improvement along CR578 corridor and the blow was established. there was a need for improvement. The current substandard traffic operations within the study area that also included Shady Hills Road and we know that Mariner is like five lanes. They have two lanes on each side plus a turning lane and then they dump into Shady Hills two-lane roads. Um and so the concern then is is that if we're looking at um 2041 to 2045, um there is zero chances that anyone can look at this and think that it's safe for the residents. There are accidents that happen all the time right in front of the church, right? And I see those accidents and unfortunately I saw a young man lose his life to an accident. And there were four accidents that took place within 45 minutes as a result of one accident where at Krella Drive Krella and Southwind. There was a major accident that took out a power pole that created three additional accidents that ended up with a young man 18 years old losing his life. And I appreciate like I literally came and spoke to many of you and asked please if you can put a crosswalk there, flashing lights, something you know because there was a gentleman that was there was a young man that was killed there. And so I think morally, ethically, it is it is absolutely not ethical, nor is it moral for you to sit in a position to vote something like this in. It's just not. And so therefore, I ask based on this information and for the safety of the people of Shady Hills community, I ask that you deny this today. Thank you. No, no clapping. Sorry. Um, is there anyone else uh who wishes to speak to this item?

We have no one else signed up online and the only person we have, I'm sorry, in person and online, we don't believe that person is connected. So,

okay. Does the applicant want to come back up?

Anyone else?

Is there anybody else in the audience that wants to speak on this item? You asked who was signed up.

Oh,

I'm just close public comment applicant rebuttal.

Thank you again for the opportunity to talk to you again. Um, Commissioner Stury, I would say the sidewalk versus the multi-use path, all the developer projects are all multi-use paths. Your project's a sidewalk.

Yeah. Um, so we are hearing you and your desire for multi-use paths. All of the infrastructure that the developers have put in to aid with putting together this system of so pedestrians and bikes can move are all 8 foot paths. Um, we are making improvements to a portion of Krella that's substandard. Most of most of Krella meets your standard requirements up to the school then it goes substandard. We're making that improvement. We don't have any impacts at the intersection of Krella and the intersection where it's the signalized intersection that would cause us to do any mitigation there. Um I would add let me just talk a little bit about um the public comment. I do appreciate the going through the comprehensive plan. It is a complex document that I'm an expert in because I wrote a lot of it in 2006. And you have goals, objectives, and policies. Goals are just goals. Objectives are objectives and policies are what you implement and then you implement those policies in your compre in your land development code. So I didn't see anything in the presentation other than just kind of picking words. Um but as far as is anything there that had any substance as far as publiclix goes um it isn't I anticipate in the in the other half of PY py did the Dell website the east side of Shady Hills Road the other half has commercial entitlements I assume I think there'll be retail there when the rooftops come in and I and I there will be sidewalks and multi-use paths to get folks from what you're doing up to Bosley all the way down to the that ultimately to that retail. Um so there will be ability to get out of your car and and go to retail locations when that retail comes and the retail follows the the house the housetops. I did take a note of something that pastor said that our we would rather throw our change in the piggy bank versus fi sidewalks. Well, that's actually not the case. We're doing the off-site improvements and we're also we're also doing mobility fees with 1.4 4 million. But all of my clients that I have entitled helped them entitle property along here have done more. And so this client is willing to do more than what we just told you today. They're willing to advance uh mobility fee payments, which I haven't had any client that's ever said we'll do that. And that's so you can use it to do a route study. You can use it towards a route study. You do not have a route study on your CIP. You're working on your CIP now. So you can make those decisions, but you could start a process that gets you to a to somewhere where you can get a plan for this road so that these citizens have an an answer as to what when are you going to do something with this road and what's the process. So doing our part and certainly not pennies. Um, the client would be willing to pay half of their mobility fees, about 700,000 when you issue them a site development permit, which allows them to

start clearing dirt and then another the other half um when they get the CO for their second building. Their first building is their model center. That gets them up and going, they start selling, they can pay prepay the rest of their mobility fees. So, that's trying to be part of a solution that you all can come up with to move Shady Hills Road forward. um each one of my projects has tried to come up with a solution, you know, to do something and and that is our something we're offering um today to, you know, to listening to the community, you know, we I worked with Commissioner Mariano to get the thousand foot queuing lane on Shady Hills Road. We're putting in all the infrastructure. We're we're doing all the gaps where the county is not doing um sidewalks and and pedestrian um improvements and would like for your support. This is a great project, great developer, and I think it's going to complement your all your efforts to have an employment center here. Um, which is an effort forever was to put together an area where people can work and they can live, they can go to school, um, and then they can recreate. And this is something that's been in the works for a long time. So, if you have any questions or want to talk to any of my team members, I have them all here, but I wanted to um offer that to you all as a as a be part of the solution. Thank you.

Um I have a I have a question just wondering um you know we're trying to make an effort to save existing oak trees when possible. Will the developer be able to save some of those existing trees in that village that that center green or is he planning on knocking everything down and putting uh

Jeremy Couch our project engineer from Tampa Civil would be happy to uh talk to you about that. [Applause] trying to figure it out.

Commission Jeremy Couch with Tampa Civil 17937 Hunting Bow Circle. I have been sworn I am the project engineer. It uh Commissioner Starky, it definitely is our goal to preserve as many of the good healthy trees within our center corridor as we can. The vision is you pull in, you see a really mature area prior to splitting out to the areas where we do have to do a lot of grading to make it drain and not flood and things like that. So it it is our goal to save as many as possible.

Um what about the oak trees on the west border line between you and the school?

So so the areas that we can retain trees at the natural grade um we're going to keep every one we can. It's one less tree we would plant, a mature tree we can keep, and it makes the community look better and sell better.

I'm really torn because I think the road needs widening, but I also think they're following all our rules. So, you know, I I'm I'm really torn here. I'm wondering about widening the road if we could jump ahead and at least widen sooner the road from Krella to whatever retail commercial areas coming in. I don't trying to see it on here, but I don't see it on uh Dell Web um property, but I'll go ahead, Commissioner. Wait,

thank uh I guess staff or Barbara, you said a maximum of 186 platted town homes. Is that the total that's being built or is it going to be less than that?

186.

186. Okay. Well, this this specific so this type of town home project once you bring bring forward more projects that are designed and look like this through other parts of the of the county. Um looking at this design and how it's laid out in my opinion. Um, I think it's setting a new precedent for what we want to see as far as variety of town home product and type and amenity and lifestyle and park size, green space, you name it. Um, another something just to think about, not to get off topic, but when we're looking at our our trees, uh, you'll see the oaks being, you know, will build up and then the oaks are left in lowerlying areas and water rushes into it during storm events and then the oaks, they drown. So, it's kind of pointless. It's my opinion, it's it's a developer saying, "Oh, we're going to keep the tree." but a storm comes through and it falls down and then it's that's a lot cheaper way to deal with with trees on project sites. So just something I've I've recognized and to commissioners the chairs to the chair's point but with Shady Hills Road I think it's time Shady Hills Road for for a long time uh you know was a quiet place and for whatever reason uh the market in the Shady Hills corridor got hot and it got hot very quickly and the county has looking at the history of the Shady 's road and the whole site has has advocated past boards many many many years to say hey we want this to be employment site we want people here and it's happened and it's happened very quickly and that's just due to the nature of the market whether it was you know co and politics that drove people here or for whatever reason but business is knocking on the corridor it's coming in which is a great thing gives people to work have a nice places to live and work and two schools that are under capacity that now you know are right there. But what we need to do as the market has shifted and people have shifted, government is not flexible. And I think with this market being the way that it is and all the attention and and and the market driven moves towards this space, we've got to move up the timeline to improve Shady Hills Road. I don't know how we do it, but 41 to 50 is not acceptable. I think if we don't do it sooner than later, it kills this market dynamic that's happening in this segment of our county, especially with the veterans right there and all the action that's going on up in Hernando because a lot of that traffic, you know, it's coming down south. Belly Brothers is is facing the same thing, but that's a different a different environment. It doesn't have the economic drivers behind it that Shady Hills has. and that it's been set aside for many many years for to attract businesses to come in. So my my concern is less with the with this town home product, but more for the greater uh the greater picture of of how folks are traveling uh up and down Shady Hills and getting to 52 and the veterans

and back up to Hernando and then the folks that live in between and you know the life that's in between. I think it's incumbent this this market's here. It's it's it's it sees something in this area that that's special and and it's it's it's driving activity. So, we we need to to figure out a way how to start real widening this road and get it done. And I'd be willing to move it ahead of some other projects and and start getting it fixed, you know, soon sooner than later. Um that's just pivoting with the market and being nimble and uh the market doesn't. I think government needs to do the same. just all it's just money.

Commissioner Oakley.

Yep. I um I've been looking at Shady Hills Road for quite a while because it does seem very very congested at times, but also uh some of the issues with Shady Hills Road is the schools that are actually on that were built built way back, not not new, to take the the people driving their kids to school. years ago, pe most parents were putting their kids on a school bus and a school bus delivered to the to the school. They didn't have to worry about stacking in today's time. Now, those SC even on the east side and there's some more these on the east the west side also. They're having to take there's very few kids riding buses anymore. they're actually being driven there by their parents which has caused a different scenario and the schools weren't bit built for stacking cars to come into school creates an an issue with traffic. Uh this particular development which I like and I'd like to see more of these in the county and other areas but they have the walkability there where parents could walk their kid to the school rather than get in a car and drive out in the traffic. So, I think that's a plus for this development and where it's at. Um, I think I feel the same sentiments that that y'all do about the fact that we need to move uh Shady Hills Road and I've been thinking of that for a long time. And even when we were making uh room for other developments coming here uh developing in this area, the road hadn't changed any. It's it's still the same road. But I think somehow we need to work out where we get monies and be able to move that forward. The credits coming from this project and the other projects will build up. But I, if I'm not mistaken, I thought this was a $57 million fix and uh it's very very expensive, but I'd rather have it done sooner than later. And um hopefully we can go to the legislature and some other places to help with some of these roads. So, we got to we got to reach out, find grants and all that could help us in this kind of area to help build these roads out. But, I feel good about the project.

Mr. Mariana.

Yeah, Madam Chair. I want to say I I appreciate the board's efforts, you know, for putting the investments in to um take up to Bosley to put the trail in work making working with Barbara, frankly, work with Delell Webb putting the trail up uh getting another project to put the project in front of him on. It's great. I mean, it's a great start, but what concerns me is just it's there's just so much more to do and the expense of it is huge. What bothers me even with the state is like, let's face it, we've tried to work on Conline Road now pretty heavy with our commissioners above saying how much important it was. And did you see anything with Conline Road the last two years? Nothing. We had some pretty strong people up in Rando County. They got nothing done for County Road. And you know, as as as you mentioned, Commissioner Wakeman, I think a lot of the traffic that was going down to Bellamy got frustrated down there and a lot of them people shifted over here. So, you know what? There's another way we can go and they're coming down here.

So, and and Commissioner Oak, as you as you mentioned, what's happened that's been a dramatic change. It's made this even worse than it was just a few years back is now instead of a mile radius for driving to from to school, now it's 2 miles out. So, yeah, most of the kids are being driven now. So all of a sudden that problem that wasn't so bad is worse. Now with the developments that we've approved already to throw more onto it and and I'm telling you with all this traffic on that short little Keller Drive that you're going to have two big developments that are going to be right there going up there and going around to the intersection that only do we have someone die this year but a principal is one who died when we put the southwind light in. It's it's going to cause some some trouble out there. There's going to be some accidents and it's going to it's going to get it's going to get worse. Um I think the development itself is great. I mean it'll be in the right time it'll be great. It just right now if you do it I think the burden you're going to put on that road the traffic I think you're really going to hurt your economic development. So all that industrial if you got people that can't get out on the road you know these big trucks and you saw the one truck coming out of the light on Platinum Drive that was coming the light one of the first scenes we had. He had to cross the lane over cuz the intersection is not built for it. You got that situation up and down and you got some commercial stuff that even if it could come right now, if they can't get their trucks out, it's it's it's not going to get to the jobs. So, by putting in this residential ahead of the jobs, I think what you do is you actually hurt the job creation potential that it's got. And that was part of the reason when this was looked at many, many years ago to take our industrial corridor all the way down from Sun Lake, bring it all the way up through Beexley, we included this area up at Shady Hills to create jobs up here for these folks. But if you put too much residential and people can't get around, you can't move goods and services. I think you're going to hurt the the commercial growth as well. So for that reason, I'd love to work with the developer. I'd love to work with everyone here to try to get this road done, but I think if you throw this on, you're just going to like cause more gridlock out there and it's going to be a dangerous situation. And and and one more thing, one thing about zoning is you've got stricter rules to follow, but when you're doing a comp plan change, you got all the flexibility in the world to say, you know what, it's just not the right time for it. You're not bound by the same thing with the zoning. So when you hear a comp plan, you've got flexibility to say we just don't like it.

Chair, your point your points are the issue with with commerce. Again, this goes back to the road. the challenges with the logistics of the businesses are going to be there whether or not this this project makes it through those they're the challenges with everything that's coming online within this whole corridor all the way up county line all the way back down are are going to be there and um whether or not this project makes it through that it's it's going to compound as as more comes online that's why in the bigger scope of this conversation We need to we need to really look at this corridor and bump it up uh to start to start work on on this north south corridor. We're we're we're not moving quick enough on our north south corridors between Pasco and Hernando. Anyway, far as through traffic, I mean we Hernando and Pasco, you know, it's like Pasco and in in Hillsboro now where people are coming south and coming back north. Hernando has enough activity to where we're kind of in a similar scenario. And so irregardless of of this project is is stuff that's been approved has come online, the businesses are going to be hemmed up uh with with moving. So we need to we need to figure out understand funding and what what projects we have there and and not wait till 2041. I mean, if I'm fortunate, I'll still be around and maybe will come that time or 2050.

Hey, hey, hey.

Hey,

you know, see my point. I think I made my point there. So, you know,

I Commissioner Weightman, it you know, I think we all I'd love for that road to be fourlane right now.

Yeah. Um but the reality is is we get our money to pave these roads with impact fees and um you know are we going to increase the impact fee? Um are we going to um work on our we're talking about remixing our discounts which you know I've been saying I thought we need to look at that for a while. Uh, but you're either going to get the money from more impact fees or you're going to go to our MO priority list and you're going to cut something. Um, so that's our challenge is I mean our challenge is finding the money and and and where's the pain going to come from? Um, and this is something that's going to be growing on us because Hernando is coming through Pasco just like we go through Hillsboro and Penllis. Yep.

They're coming through us and it's going to not be pretty for a while. Um, but that's why I'm wondering it would it make sense at least in the short term to at least widen and I I'm thinking Kella is the point. It seems to me it needs to be north of Southwind for the commerce at least find the money to go from that area to the Publix or whatever is coming, you know, the ma where the main traffic's going to be. Can we at least accelerate that widening now um while we work on the rest? But at least we've maybe we're helping a pinch point um a pinch point and and are there other things we can do for Shady Hills? Um shoulders, lights, um are there other things that we can do to help make it safer, Commissioner Mariano?

So I think there are some improvements that can be made. Um I had worked with the Turnpike Authority. You guys remember a few years back about trying to get at a cruise lake. I was just looking at that bridge there.

So when I met when I last met when we were talking about the park and ride to get done on on u on the on the turnpike u it came up in conversation that there's a possibility from Hudson Avenue which is just below this just below Del Webb. There's enough room if we shift Shady Hills Road to the side on a redesign. So we're going to talk about redesigning. If we shift that road over, there's enough room for a full interchange for the turnpike authority and it's far enough away from 52 to to make it warrant where they could actually make.

I think that makes great sense. I was actually wondering, can we do it at Shady Hills? I don't know.

So, yeah. So, so we can't do it at the at the bridge. I was thinking at first cruise like, but down to the south at Hudson Avenue would be cutting across below Del Webb. It would actually fit there. And if you shifted the road enough, you could actually make that work. That's one possibility. I think the other things you got to do is work on the intersection improvements too as we're trying to do it. But I love the idea from all the way from 52 at least up to Krella

to make make some things happen up there.

Yeah. So it may not be the whole Shady Hills, but at least we where it's most congested, we get something going there. That's kind of my thoughts.

Um but that's a discussion for is that an NO discussion? I don't I don't know.

Yes. Um, so we're we're on to this. So, um, I am glad that the um, did the number change when you went to six units a building or did you add more buildings to get to the same number or h and listen, I'm not I'm just going to say right here, I'm not a fan of eights. Um, but six sixes look a lot better. I think this is a nice layout. So, I

think that increased the park space.

Oh, even better. All right.

Okay. Well, it's it's to the board.

Which which item we got?

You first would be the comp plan.

Comp plan.

I move approval.

Second.

Roll call vote.

Okay.

District one, Commissioner Oakley.

I.

District two, Commissioner Wakeman.

I.

District five, Commissioner Mariano.

Nay. District three. Chairman Starky.

Well, I'm a a reluctant yay. Um and we're going to push to fix those. Uh we're going to work to fix that part of Shady Hills.

Yeah.

So, okay. Okay. Now, we're on to um 60

61. Um on 61, Miss Wilhight had offered up a condition. Um I didn't get half parameters of it. Do do you want

do you want to delegate to the county attorney to come up with a condition or do you want Barbara to put it on the record? Um there is we do need to make it clear that this is a this is the applicant offering this up because of language in 163 that says you can't have payment before building permit. But I think if the applicant realizes the conditions in the area and they're offering it up as a voluntary commitment. So yes, on behalf of the applicant, I will put that on the record that this is a voluntary um commitment to be part of a solution. I'll just we'll work on the language, but the what it is is it's half the payment of mobility fees at the time of site development permit issuance and half of pay half of the mobility fees at the time of the CO for the seventh B seventh unit because we get our one our first six being the model center. So, it's the seventh CO, which will be our second building, that will pay the other half,

and we'll work on the language.

Clarity, if our fees go up after you made the first payment, are you committing to pay the difference at CO? Because we're in the middle of a mobility fee update. So, it's possible that the fees could increase from the time you made the half payment to the time they're actually due at CO. That's a good question.

That's why I'm asking. I want to know what the commitment is.

Yeah. I mean, I'm not sure. That's I think when we make the payments, that's the fee we'll we'll pay. Um

Well, I'm only raising it because arguably we may get less money if if we're not committing.

Okay. Well, maybe we could figure out some language to address that so that we it's fair to us and fair to you and I it's hard for me to to do that right on the fly.

Madam Chair,

we'll work on the language on that. Commissioner Oakley.

Yeah. I was just wondering if we could put that in in the motion for approval that that be worked out between the county attorney or is that allowed or and

as long as as long as there's enough specifics on the record, we can we can craft a condition that has been represented to the board if the board is comfortable with that. Yes.

Yeah, that's what I'm asking.

And I can put on the record that I don't intend to write this condition so that you that you lose money. So we we can David and I can put our brains together and figure out how to write that, but it's not our intent to do this to prepay and end up paying less. So thank you,

Madam Chair.

Yep.

I'm going to make a motion for approval. And part of it is the comp plan is now done. So as I said, you're more restricted to the zoning. So I think now it's more appropriate for that. Uh kind of like with Saddlebrook, I voted against it because I didn't like land use change, but when the zoning was when that was changed, then it changed. So, I'm going to mo uh support the mo uh support the uh recommendation by the board uh by the staff and with the conditions Barbara just stated and just with as we look at this redesign that we do look at closely that turnpike or lane that can change and other improvements for the intersections.

Right. I second that.

And uh uh under discussion I I would not have supported this if it was res 9. I'm just saying that kind of to staff, but this is like res 5 something 69

or something. So, um

6.6

I think it's 56.

What is it?

6.6.

Oh. Oh, I think there might be.

When you have town homes that that res unit goes up a lot of times it fits in a nine, but it won't necessarily be nine. It might be seven.

Nine would have been too much here.

Yeah.

Um Okay. So, all in favor? I opposed. Okay, that one's done. I'm going to check the number that said in here because

I'm four.

I want to make sure we don't have an error.

If it matters.

All right, next one.

P55. We have proof of publication in the March 5th Tampa Bay Times uh March 5th, 2025 edition of Tampa Bay Times for the April 22nd Board of County Commissioners meeting where it was continued to June 17th where it was continued to today.

Uh good afternoon. Amy Tull with Planning, Development, and Economic Growth. Uh, item P-55 is an ordinance by Pasco by the Pasco County Board of County Commissioners amending the Pasco County Land Development Code amending section 1001 docks and seaw walls. Section 1001.1 intent and purpose. Section 101.4 visibility. Section 101.5 maximum protection and location of docks and seaw walls. Creation creating section 101.6 boat lift canopies. Appendex A definitions and other sections as necessary for internal consistency, providing for applicability, repealer, uh providing for severability, inclusion into the land development code, and an effective date. Uh this item comes with a recommendation of approval. There is a presentation if so desired.

I think you need to give a presentation.

Get the presentation.

Right. Uh staff will be here to do that. Sorry. Uh there is also exparte communications that were sent um as early as

a legislative item. You will

doesn't matter. Okay. Sounds good. Thank you.

Good afternoon, commissioners. Amanda Hill, Planning Development and Economic Growth. I'd like to request that the board receive and file the following revised documents for this item. The agenda memo ordinance amendment text red line appendix A definitions red line. Okay. Okay. So, as a reminder, the intent

was that motion.

Yes.

A motion.

You can't make a motion

to accept it. I would like to request.

We're asking for the board to receive and file those documents.

Move file. So, we need a motion from our own staff.

All in favor? I

I

Okay. Thanks.

So, as a reminder, the intent of the amendment is to read text changes to the Pasco County Land Development Code, which were invalidated by the Circuit Court for Pasco County Civil Division in 2023, as well as to provide standards on boat lift canopies. I'll now review some of the concerns that were discussed at the LPA and BTC public hearings held on March 20th and June 17th, respectively. The LPA expressed concerns regarding the proposed prohibition of canopies over Davids and canopies attached to seaw walls in section 101.6A1. Staff's research regarding this supports the prohibition in order to reduce the load on the seaw wall that may not be engineered to support such loads. The LPA also expressed concerns regarding the obstruction of view sheds which I'll address later in this presentation. Staff did not receive additional documentation from the LPA as to the specific policies and the comp plan that the proposed ordinance was inconsistent with. However, they did recommend that the bolt lift canopy should not be a use by right and recommended to staff that a special exception or conditional use application should be required for the installation of a boatlift canopy. The board expressed concerns regarding the impact of hurricanes on boatlift canopies at the 617 meeting. SAF has identified uh section 101.6 6 A3 and section 101.6 A4 that attempt to address those public safety concerns. Namely, that bolt canopy shall meet or exceed the requirements of awnings and canopies in the Florida building code and that bolt canopies must be removed and safely stored indoors whenever the public is instructed to do so by a governmental authority based on the weather. The board also expressed concerns regarding the color restrictions and voted to include additional colors, namely white, silver, and gray. Section 101.687 has been revised accordingly. The colors will be in this proposed amendment uh beige, white, silver, light gray, or neutral shades of blue, green, monochromatic, and free of any design unless otherwise stipulated by a homeowners association or a similar entity. The board expressed concerns regarding maintenance of the boatlift canopies. A new standard section 101.6A5 has been added to attempt to address those maintenance concerns and it requires boatlift canopies to be maintained so as to present a neat clean appearance. The county may also order the repair or removal of bolt lift canopies if the building official determines a bolt canopy presents an immediate threat to the public health and safety. The board expressed concerns regarding the impact on viewsheds. There are multiple standards that are currently included in the proposed amendment to minimize the impact on view sheds, namely the previously mentioned color restrictions. The requirement for

the canopy to remain open on all sides and section 101.6 A6. Staff also removed a previously proposed allowance for a 24-in drop curtain around the perimeter of the boat lift canopy. And these are all intended to help the canopies blend into the viewshed as seen in this image here. There are actually six bolt lift canopies in this image, but you can see that they're blending into the existing viewshed. Some other notable staff revisions to the dimensional standards in section 101.6A 6A were completed and that was the main reason for the walk on um edits to the documents that were uh originally with this item. So as a reminder uh the dimensions that are included in this section include the height, length, width, horizontal projection, side setback, arch height, and maximum projection. The height that was proposed at the 617 meeting was 15 feet. Uh boat lists in the county are currently already at 15 ft from the main high water line and restricting canopies to the same height would limit what would be practical to permit for the boat lift canopies. So, as such, staff is proposing at this hearing that the limit for the height would be 5 ft above the boat lift structure, not to exceed 20 ft above the mean high water line. The length that was previously proposed at the 617 meeting was 40 ft. The LDC already governs the maximum length of structures. That is actually a third of the width of the canal and that's existing code language. and restricting it to 40 feet was considered to be arbitrary as it allows for covers on some boat lifts and restricts it for others and the intent is to allow boatlift covers for all boat lifts. As such, staff is proposing that the standard for the length is actually the length of the boat lift plus the allowable horizontal projection. The width that was proposed at the 617 meeting was 18 ft and staff is proposing that that is updated to the actual width of the boat lift plus the allowable horizontal projection and this is because the width is already governed by the side use lines in section 101.5. [Music] The horizontal projection was previously proposed as a maximum of two feet at the 617 meeting and staff kept that two foot uh maximum. However, we also added an additional requirement for a maximum of 1 ft for docks that are located within an aquatic preserve. And this is a matter of a state preeemption where uh for single family dock standards and criteria, roofs are allowed but cannot overhang more than one foot beyond the footprint of the lift and boat that's stored on the lift. For the side setback at the 617 meeting, uh refer to zoning district was the standard that was proposed for this standard. Uh we have reviewed this and we were advised that it's inapplicable to the bolt of canopies since the zoning district setbacks applies to yards and to the extent that setbacks apply to docks they are governed by section 101.5 which states that docks and structures

over the water may not extend past the side use lines. So as such we're proposing that that is updated accordingly and the arch height and maximum projections were not changed. Some other communities that staff researched while drafting this uh code included Kier County and city of Cape Coral. And the proposed standards that is being presented to you today seek to protect view sheds while creating standards that will provide for the installation of boatlift canopies that are proportional to the size of the boats and boat lifts. Staff recommends that the board accept public comment, adopt a proposed ordinance amendment by roll call vote, authorize the chairman to execute the ordinance amendment, and direct board records to transmit the ordinance to the Department of State by electronic mail within 10 days after adoption of the ordinance amendment. And I'm here for any questions that you may have. Madam Chairman,

y

uh if I'm advised that Commissioner Joerger is online, so if the record could reflect that she's joined us for this item,

I did have one question. Um can you go back to Lisa? Can you u mute mute up? Is that Lisa? Okay. Um could you tell me what were the what were the rules here when we have a storm impending storm?

I'll go back. Sorry, I was doing some research on here and I didn't see what the rules are. So, boat lift canopies shall meet or exceed the requirements of awnings and canopies in the Florida building code. All boat canopies must be removed and safely stored indoors whenever the public is instructed by a governmental authority that the weather conditions require the storage of any loose items or materials due to an impending storm or other weather system. I think we need to um we don't we don't tell people protect your loose items. We I mean I think we need to put in there a little more when we have a a certain wind event at what time expected wind event that they have to take them out. I don't want to leave it as loose as loose as that if this passes. Um so is it a tropical storm? Is it uh heavy thunderstorm? I mean, what what is we need to think about what is the right criteria to make sure these don't become projectiles like they did down in Charlotte County um during the hurricane?

Madam Chair,

yeah.

Is there a standard for how much wind these have to sustain to be approved by the Florida Building Code?

I know that there are some manufacturer specifications regarding that. I believe it's mostly 70 miles per hour. Um, do you have that information with you, Chris? We have staff from building construction services here as well and natural resources and the county attorney's office. So, I've been working along with them.

Good afternoon, board. Chris Maine, deputy building official for building construction services. Um, there is a provision in Florida building code that does require these canvas and and awning canopy type type structures to be removed at I believe it's 65 mph. I'd have to look.

And also any of these structures that are the actual structures, the frames themselves, um, if they're built coastal have engineered plans to be able to survive a 100redyear storm. What is a 100redy year storm?

100year storm event. Any of those 100-y year storm events in the 100year storm. But isn't that like a storm?

A flooding state.

Sure it is.

But if we're talking flooding wouldn't really be gerine to a canopy. It would be more of a wind issue.

It would. You're right.

I mean, it's the wind that we're caring about here.

It is. Uh what the the code says is that a 100red-year storm event the structures located seawward of the coastal construction control line must be designed to withstand 100ear storm event.

That's what the code says.

Okay. Um are there any other questions before we listen to the public and then we'll discuss it amongst ourselves. Um I had a I had a question on the five I guess I have one more. Sorry. The five foot. Five foot above what?

Above the boat lift.

Well, do you have a boat lift? Because I have a have a couple boat lifts. Is that the motor? Is that the bunks? Is that the There's all different heights of the

It should It should be the It should be the horizontal beam because that's what it attaches to. five foot above the horizontal beam.

That's

Well, my boat would never fit in that. And my I mean,

so you got a you probably have a cover or where you know you

I I I need I need I need you to diagram what that means for me. Somebody what that means cuz that's important where that five foot as far as view blockage. And when you took that view of all those, you were at water level. You weren't in a house looking down a channel.

Oh, the horizontal going down the side. Yeah.

The eye beam.

Okay. So, that's the the beam that holds up the motors usually on a lift.

The motors are usually attached to the front of the the front of those beams.

Yeah.

Yeah. Okay. I got it now. At least on the lift I have on my house.

Yeah. So, so if you're looking at this one on three, it would be kind of where the three line touches that where it makes that T. The dimension line. Yeah, I can spot it. Okay. So,

it's not letting me. Okay. All right. Um Okay. So, I guess we're going to hear from the public now. Okay, if we have no more questions,

first person signed up is J. Pasqual.

Your address for the record, please.

Jay Pasqua, 12801, Second Ale, Hudson, Florida. And yes, it's at the top of the aluminum beams that come straight across.

Yeah,

there's one that goes down the left and one goes down the right. And from what I'm understanding, it's at that point it would be 5T up. And what was your street again?

12801 second aisle.

Second second is

that is correct in Hudson. Yeah, you've you've looked me up a few times.

But anyway, um my con I first of all I want to say thank you for all the time you've taken to over to look at this issue and I am in support of it. I like to thank Commissioner Mariano for his support and former commissioner Mike Wells. Um, it is very important that we cover our property. But the reason why I'm here is yes to support it. But to get a little bit of clarification on one thing on page four, item B2 or page 16 and 2A, it says other visual obstructions are prohibited from your dock. Now, the reason why I bring that up is is because I have a cannon and I have a six-foot statue of a pirate. So, it is a very big vague statement when it says prohibited on docks or obstructions are prohibited on docks. So, if we could get a clarification on that and not leave that as an open item, um whether that is by email or by text or by any way,

we'll clear it up here today.

I'm sorry.

We'll ask today.

That would be great. Thank you very much. Um, in one of the replies that I got on January 26th of 2022, um, when I asked about that, the reply was, "Interesting catch, Christy Dolattowski." So, I'm not too much concerned about it, but I am curious as to what that meant by good catch.

Well, Katie, that's probably Katie Dolaski, which is my executive assistant.

Okay. She quoted you as saying that. So, I'm kind of concerned as to what is going to be allowed. Now, if I want to put chairs out there or a table out there.

Yeah, I have tables and chairs on my dock.

I mean,

but no, I think that's a a good question to ask, but we need to clarify that.

I that'd be greatly appreciated. Um, I have not for I have 50 seconds left, but not for the time that I've been in Hudson that I've seen any cloth canopy or vinyl canopy become a projectile. As a matter of fact, I watch them very closely. I'm out there on a daily basis. I have not seen any that have come apart. As a matter of fact, the wooden ones that were erected in the 70s are still standing. And the only concern I have with anything out there right now is the docks that have sunk into the canals that have not been removed. Uh that is a a safety hazard. Not that it has anything to do with this, but again, thank you very much for your time and I appreciate you taking that and I do support boat canopies. Thank you for your time.

Nick Mundrey,

your address for the record, please.

Good afternoon. My address is 5415 Juel Beth Drive, Newport Richie, Florida 34652. And I've been following this for several years. Can I show the commissioner something?

Move to receive and file.

Second.

All in favor? I

I thank you. The first picture you see is a picture of a boat cover, not a lift cover. It's got a frame over the the lift that's attached to the poles. Very much similar in kind to a frame. If you look at the second page of a boat lift, the lift cover. The other thing I like to put out, this is completely legal because I I took this picture to several years ago. I took this picture to code compliance and code compliance told me it is a boat cover cuz it's laying on the boat. It's not a lift cover. The other thing is this thing definitely blocks the view.

Sure does

of the neighbors to the left and right opposed to the proposal that is being done through the change of the ordinance. I I I just couldn't figure for many years how this was legal and the second page was not. and I hope you consider approving the change to the ordinance.

Um, the public is not seeing this, but it's a

it's a it's a boat that's wrapped versus a boat with a boat cover.

Yeah, this is a boat cover because it's actually touching the boat. And that's what code compliance told me when I took this to them. It's a boat cover. And to me, it's more it it it blocks the wind more and obstructs the view more, but it still has a frame. And I know there was a lot of discussion in the last meeting and in the 2022 meeting of the frames and this. I thank you,

Daryl Whitlock. My name is Daryl Wedlock. Wow, that's loud. Daryl Wetlock. I live on U3515 [Music] Veronica Drive in over in C Ranch. Uh the last meeting we had here, we felt compelled to actually show how many people actually wanted in our neighborhood, wanted to have the boat lift covers. So we took it on ourselves to put together a petition to get a just to get an idea. And the petition isn't isn't really on the ordinance uh because the ordinance still had different things that had to be revised and changed around. But it is saying that we do want the covers and we don't believe they block views. The total count of the petitions I got for people to sign was 545 people actually signed it and that out of that I had five that didn't want to sign on my end. So, um, I do like the ordinance changes that I've been seeing that you guys did come up with. I think there's only probably one maybe that might be addressed later on by actually Jeremy following behind me. But, um, I do agree with the gentleman prior that said, "Out of all the years I've seen these up, I've never seen one blow off and hurt anybody's house." Um, even if you choose not to take them off, it's it's just rubber vinyl. There's more obstacles in our backyards that we if we're going to do that, we need to start addressing grills, things that sit in the back. uh chairs that could blow and hit people's windows and break them. There's a lot of other obstacles in the backyard that could do a lot more damage that actually could get airborne and go through windows and hurt people. Um I still got a minute left, but that's about all I need to say to cover this. And again, thank you on your time on this ordinance.

Thank you. And you've got you've got a cover now. I see.

Yes, ma'am. I do. I've had a cover for probably years since this. I've been following this and I think I've been in front of the commissioners, all you commissioners back I think is 19 2019 or 20 I think it was we were doing this. It's been years.

Madam Chair, I'll just ask a question if you don't mind. Um, and your boat cover that you had in your on your place, did it stay in place?

Yes. The boat the my bullet cover, like I said the last time, it went through Helen. I didn't take it off. It went through Milton. I didn't take it off. Didn't rip. Commissioner Mariano was over the house and he seen that it was not ripped, tethered, or torn at all. And the house next to me, they end up demoing it because it was so much damage done to the house right next door to me.

Yeah, but state law requires you to take it off.

Yeah, granted, but I'm just saying is it it went through it and it it handled everything with no issues.

We're we're lucky in my neighborhood. Um it wasn't even a hurricane. Uh we had a strong storm come through in Gulf Harbors. Took someone's um metal porch off, metal porch roof off, damaged three roofs on my street, and the homeowners couldn't get any money from the person whose porch blew off.

Act of God.

It's an act of God.

Yeah. Yeah. Well, again, I I want to thank you guys for what you do and and working on this over these years. and hopefully the ordinance can be revised to a point where it could be passed and actually help protect all of our properties. But thank you very much for your time on this.

Thank you.

Okay. Thanks,

Jennifer Akens.

Good afternoon. Can you hear me?

Yes,

I can. It's weird in my ears. So, my name is Jennifer Akens. I live at 13829 John Cassen Avenue, Hudson. And um I'm here to support it as I hope that all of you do. And um I've been in our community for a long time. I do a lot for our community. Um, I was a part of assisting with Daryl to get some of the signatures. And I will add to what he had said that out of the about 110 signatures that I obtained from other people and not all of them were on the water. Many of them um have to put their boats in a public boat ramp. So, they see things in a different manner than than what some of us do that actually live on the water. And um we only had one person that didn't want to sign the the actual um paperwork that we had put together. And the only reason that gentleman didn't was because he was afraid of the ramifications of it because he does actually have a boat cover. So, what I did want to say is as for obstructions of views and stuff where I'm seeing things um where I live at this point, we're getting a lot of houses now that are being built that are second stories, two uh three stories. And I can see that as blocking my view more than what I do with the actual boat covers. And I think that where we're seeing the influx of the money here, because I'm seeing that with real estate where I live, that you I'm starting to see the prices of boats increase. And I'm talking like increasing from like maybe $700,000 to I'm looking at boats where I'm living right now. Some of them are worth 5 million, 7 million, 3 million. So many of these people additionally want boat covers because they're again looking at it on the avenue of okay what about the properties as for my understanding with what I do with um stuff anything that I have I take it in my house anything I don't want anything outside because I don't want any damage to any of my other neighbors and we would take it down anyway as I would remove my boats, as I would remove my jet skis, and anything else that I think would damage somebody else's homes. And I'm for having some type of regulation. I don't have any problems with that. But I'm just I'm just seeing there's more positive out of this than there is for the negative. And we saw that with all the signatures when we did actually get to the people that cannot be here because they work. I do appreciate your time. Thank you very much. And you're at 13829 John Kassen.

Yes.

And you have a boat cover.

Yes. Yeah.

Thank you.

Thank you,

Jeremy Gamble. Morning, commissioners. Jeremy Gamble, 7309 Islander Lane, Hudson, Florida. Um, I'm here to speak with you all about approving an ordinance to allow covers in Pasco County. Um, I want to thank Commissioner Mariano for having a discussion with me and hearing my concerns about the ordinance that was written as recently as two weeks ago that did have some some problems that essentially would allow covers and be impossible for us to actually pull the permit and meet the requirements of said permit. Uh, there's there were some changes made. So, thank you staff. That was very helpful. There's still a couple items, including the height, that I think is still questionable based on the the verbiage that's actually written in the ordinance compared to the actual drawing that's shown. They kind of don't match each other. Um, per the drawing, it's showing that the 5T above the lift does not include the arch, but the ordinance states that it does. Uh the other problem is I think staff is assuming that boat lifts are all 15 feet uh from the top of the dock and they're not. Every single boat lift that I measure um is a different height. Some of them can be 3 ft above the dock. Some of them are 11. So, we need to have a point of reference of what the actual we we need a starting point that's going to be consistent to measure what our height's going to end up being. Because if your lift is 3 ft above your dock and I can only go 5 ft now, the total height of the lift is going to be I mean, literally 8 ft above the top of the dock. It it just doesn't it doesn't make any sense. Um, short of that, I think everything else about the ordinance and the changes that have been made make complete sense. Um, in reference to storms, our frames are rated for 180 mph. The vinyl uh is recommended to be removed at 70 mph. We do have staff in place to remove vinyl for customers and reinstalled after the fact. Uh, for Hurricane Helen, we took down over 500. Between Milton and Helen, we took down about another 230. Uh, all those were reinstalled after the fact when customers wanted those reinstalled. uh we had zero uh instances where a cover was came apart and damaged anybody's property. Uh so that just wasn't a thing. Currently there's at a minimum of 680 covers that I know of personally in Pasco County and absolutely none of those became a flying projectile and damaged anybody's property. So

is this is this your company that's putting them up?

It is. So, but and you knew you knew that you then none of these have I mean these weren't legal, but you

they were legal. We proved it in court actually twice.

I'm not actually. But

yeah, I don't think you did.

Judge Berg disagrees.

No, you need to talk to your lawyer about that.

Um

Okay. But but there there was a boat that um

we both know Commissioner Trux in Charlotte County uh and who who where they had the pipe, not the awning material, pipe

or whatever you want to call it.

Um flew into a neighboring boat and sunk it and and the boat owner

could not get any insurance money

to cover the sinking of his boat.

Not surprising. Most boats aren't covered on boat lifts,

right?

You have to have a separate rider in order for the boat to actually

neighbors neighbors something comes from the neighbor's house,

a projectile like like the roof in my neighborhood

and hits someone else's property.

Mhm.

Chair,

you don't get covered.

This is

Yeah. I just He said he's not aware of any, but I'm tell

I'm talking about Pasco, not Charlotte.

Okay. Thanks.

Well, thank you.

Okay. That's all we have is pre-signed up.

Is there anyone else here to speak to? Boat covers.

Boat. Boat. Yes. Boat lift covers. What are we calling them?

Wait a minute.

Good afternoon. Barbara Wilhight, 5020 Oyster Cove, Newport Richie. That's my personal address. I've addressed you all before regarding this issue and the impact the visual impact that this creates. It's been all these years without um having that visual impact and this will change the way you know things look in my community for myself and neighbors. Um you do have protections in your land development code where you're protecting the views. So this is to change this is kind of inconsistent with that. I thought that the what the planning commission came up with which was allow a process. There's not one sizefits-all for a lot of people. this isn't a problem and they'll easily could go through a process and get their neighbors to say, "I'm fine with it." But for other people, it might be a problem. But to not have a process that allows for you to determine if it's a problem or not a problem and just to go one sizefits-all and totally change what's been, you know, the condition of how a neighborhood's looked for 40 years and just change it and not have any process for it to be decided if it's good or bad. I think that's concerning. So, thank you for your time. Um Tony, can you put that picture up that I have? Um I took this picture. I was looking at a house under construction, Hudson, and um I was on the second floor of this house and I looked to my left and there were some of the boat boat covers uh that were 100% blocking the view. Um, and

I had my staff take the boat covers and extrapolate them on two other boat lifts. And there was more boat lifts that we could have covered, but this is what concerns me. And I live on the water and I paid a lot of money for my view. And I know um a lot of other people have too. And I have a boat. I have a very expensive boat. I have a seven digit number boat and I don't I don't cover it. It's meant to be outside. Um, do you have do you have that picture?

We're have copies of it if you could.

We're asking your staff. Oh,

can you send this over?

And commissioners [Applause] move to receive and file.

Second. Um, so that's the boat. Those are the illegal boat lifts, canopies, whatever on the left hand side.

Did you call the vote?

The what?

Call the vote. We got a motion in a second.

No, we have Lisa online who wants to speak. I want to speak.

No, no, no, just for this.

Oh, okay. I was saying call a question.

Okay. Uh, was there a motion in a second? Yes. All in favor? I

um,

so there's other boat lifts here. I did I realize there's two other canopies we could have put on here, but I would tell you that this person's view of the water at the that they um the water view that's part of the c, you know, the value of their property is going to be really impacted by all those boats putting covers on on their lifts. And um I I know where Barbara lives. She's on a uh you you can speak in a second. Um where where she lives on a uh a turn a turn. I think she has three lifts. I mean she going to obliterate the canal view for all her neighbors. All her neighbors are they're not going to have a water view. It's different. I think um it's why we were all fine with the lakes. Um and and and where houses are spread very far apart, it's not going to affect them. I won't have I see no problem with that. But where you have homes like I can tell you I'm sorry the president of G Harbors is out of town today. She would want to be here and tell you they are very much against this. Um it's going to really impact the long views that we so enjoy. um when you're on the water. And I just I just think it's a mistake um that that we would allow these. So um I know I'm in the minority, but

most likely, but

but I have to speak up for my neighbors and my value and other people's values that are going to deteriorate.

Yeah.

Yeah. I just want to add that I've had probably 90% of all my emails and my texts to me were for boat covers and a very minority were not for

I'm sure there's 500 people that that guy's put the boat covers up on already. Um so

um

but I mean that's that's what I heard back from the citizens.

Yeah. Um we have someone else that wants to speak so I'm going to let her speak. Public comment. Pastor Jen. There you go.

Hi, Pastor Jen Carowwak 15925 Green Glenn Lanes, Shady Hills, Florida. I would just present that I I believe that there this should be taken into context in the same way that the people that purchase rural properties enjoy their view. They've purchased their properties. The folks on Krella Drive, as a matter of fact, enjoyed one individual, Daphne Seace, enjoyed her backyard very much. and she hasn't seen it unfortunately in a very long time because of the neighboring town home community and she had her opportunity to come and speak and the majority just didn't fall in her favor. So, I think that to say because I think what I'm receiving and I don't say that this is exactly what you mean to say, but that if you live on the water, your your interest and your view is more important than the folks that purchased and spent a lot of money to live in a rural area purchasing maybe lots of acreage.

No clap. No clap. to to be able to enjoy the trees and to be able to enjoy and then they end up with I don't know something hot topic lately is like a big campground or something you know near their property. I don't know that's something that's come up lately. So, I just I think that I I just want to say it the the perception is, you know, on this conversation um seems to a little bit skew the understanding of whether or not a waterfront with that view being more important than a rural property who says, you know, hey, I don't want that development across the street. I don't, you know, because that then blocks my view of I watch the sunset, but now there's two-story homes and I have a ranch home and now I can't see the sun set as much as I could prior. Um, my neighbor also, I have a ranch home. My neighbor is a two-story home. He put a playset in his backyard. I understand the concern. every hurricane and storm that's come through, I you know, I bring all my stuff, like the other lady said, and I bring it and tie it down, make sure it's inside and button things up. And that playyard, that playset, twostory playset is still next door to me and very much so could damage my property. And I don't think my property I it's not worth 700 or a million dollars or whatever, but that's my property. and and I purchased where I did and and I have to take with it, you know, the the things that come along after I've moved there. And I just don't think it seems like, you know, there should be an issue. If it's my property, the boat cover is safe. I should be allowed. The view is just what it is. And, you know, beg your neighbors not to put a boat cover. Pay them. I don't know. I'm just saying. I I think the rural neighbors feel the same.

Thank you.

So, um people may not be aware, but we have certain rules on the coastline that protect people's views. 15 ft from the edge of the seaw wall back, you cannot build a 6ft uh fence that is um um what's the word?

What?

Solid.

Solid. You you can't do that in in on the along the coast. you have to leave 15 ft um can't be higher than um what's required if you have a pool, but it has to be see-through. So, it has to be metal going this way or wire going this way um to protect people's views um that of the water and and so we have a different set of standards when you're along a coastline. Uh most counties in Florida do not allow boat covers. Most cities along the water do not allow boat covers. um especially in high in dense communities to protect to for for personal protection and view protection. It's it's you can go on Google Earth and I've done it many times. Go along the Florida coastline, go to Fort Lauderdale, go all over the place. Don't allow them. So, uh but I think I'm on the losing end here, so I'm not going to keep beating a dead horse. Commission Mariano. Oh, let's let we do want to discuss the um gentleman's question about objects on the dock. Let's make sure we're not putting something in that we don't want to put in. Commissioner Mariano.

Um we can we can address that first if you want.

No. Okay. Okay. So, I believe you are referencing

we need

section 1004B2.

I don't know. I don't have it memorized. I believe that's what it is. Um, roofs, overhead coverings, walls, enclosures, and other similar visual obstructions are prohibited on docks, lifts, piling, or other similar structures built over the water. And it says accept one. And it continues. Um, these visual obstructions are specific to things that are built. So, if you have chairs or table or so, that would not be impacted by

and that's kind of part of our building code. can't put a build something on the dock in

correct

so so to be clear a non-permanent structure

correct if it's not built

so we can have pirates and cannons

if you can move it then yes

it's on on the record

okay so I don't want to um did you have another question

just one more about the height

um

to me to me if if someone's going to build a a boat lift that boat lift's going to be x number height From what I can see, we're allowing either it's either 5 feet or 3 feet from the top of that pole to where the cover can go over

5T.

Okay. So, instead of going from the mean low, you know, for from sea level, why aren't we just going from like what the seaw wall height is or the the the height of the dock lift it the boat lift itself?

I believe there was some discussion internally regarding that, but uh essentially we settled on doing it from the main high water line instead. I believe there's some rationale regarding that. I don't know if Sam or Jackie would like to speak further to that.

Yeah, chair. I think Maron, I think it's important that we understand the industry standard for how this is done.

Good afternoon, commissioners. So, the 15 foot above the mean high water line, that standard was already in place for docks, boat lifts, all structures over water. That's the go the standard that's already in the code. So when we looked at boat lift canop piece, we just kind of adopted that same standard but gave them some extra room because they do they they do extend above the top of the boat lift and we found that many of the boat lifts in the county are already at that 15 ft. Um as far there was some discussion about the the thought of doing boat lift canopies from the height of the seaw wall, but um I know internally staff advised against that. There's, you know, folks that have gotten creative with their seaw walls and the seaw walls are very high and

I I can see that happening. Okay.

Y

All right. Um,

could you identify yourself just for the for the record?

The county attorney's office.

Question for Sam.

Yep.

Yep. So, in our code, like where did we come up with that standard just arbitrary in our code? Do we have any industry experts that said, "Hey, this is where you should you shouldn't be."

I know it's consistent with what's seen around the state. I don't know if uh natural resources can speak to where 15 ft comes from, but I think it's kind of a a reasonable, you know, so we don't have monstrosities on the water goes back to that protecting the view shed.

Commissioner, are you your question about the 15 ft above meanh high water line?

You know, he said it's in our code like how

deciding what's currently in there. Where did it come from? Like what was it just plucked out however long ago? you know,

been in the code since we've had the regulation. So, it's like probably prior to my arrival here.

So, we don't really know the methodology behind that.

I mean, unless natural resources can speak to that, but

I do I do know it's consistent with what we see throughout the state.

Okay.

Jackie Jordan, Parks, Recre, and Natural Resource Department. Um, I would say the 15 ft from mean high is not really an environmental reason for it. So I don't have any additional information on why the 15 foot was set. So

all right, M. So last comment I want to make is just if you look at the picture that uh I had pulled up again. So under the boat canopy, if if somebody's building a dock, that dock is going to be built for holding a boat. When it's holding the boat, when that boat's in place, it's blocking all sorts of view. The only difference is from the extension to the cover is the only difference to it. If the boat's not there, it's a it's a decent view. It's a thin thing going across. Um, so I I don't see

depends on the angle of how you're looking at it. If you're on the second floor, it's a big

But if the boat's there,

it's the boat's blocking. You

see right through my boat?

You can see through a boat. Well, it's good vision.

Yeah. I mean, yes. It's glass all the way around. But if your boat's in there around the boat and you can see right through it.

Your boat's on the lift.

You just don't see the through the hole, but you see through all the rest.

Okay.

Uh so anyway, so for me, as far as block and view, it's it's not much more than what's there anyway, unless someone protect the thing. So I'm good with it.

Um okay, I have some questions. Uh, can we go back to the beginning to to the beginning of your presentation here just to make sure?

Um, okay. Um,

the very beginning

canopy shall be fabric or similar material that can be rolled or folded. Okay. It says it has to somewhere in here it says it has to be kept in a certain condition. I believe it's this one. The county may order the repair of a boat lift canopy. A boatlift canopy is declared unmaintained or and with or without notice may cause any structural safe. Okay. So if a canopy is torn, the code enforcement's going to come out and tell give them a fine or what's going to happen if it's torn and flapping? What are we doing? So if it's not considered to be as presenting in a neat clean appearance then it could have a resulting enforcement but I am not

well I'm so I can't

where does that specific

where does that

what

how do we deal with these

if it's not if it's not a building official issue they get a citation if it's if

so it's a code code enforcement issue

if it so if the building official determines that the canopy presents an immediate threat to public health or safety, it comes down. Then if it's just ugly, the way I read this, then there could be a citation and it would go and it would go to court.

Okay. So, it has to be kept clean, not full of bird poop. So, you're looking out your window and all that bird poop. Okay. Next page.

Chair, I'd like to make comment on this. Look, we we have code that we're just piling on for things that code to do and they can't keep up on it. We can't just keep using code as a as a gestapo for every every little thing. This is a this is a freedom issue. If you want to protect your your boat and your property that's really expensive, you should be able to do it. and to to be to be setting more for code that they can't. And I've talked to Mike Coral about this a hundred times. Uh what we can enforce and what we can enforce, what we can enforce well, what we don't enforce well. Like we're we're picking and choosing on code what our battles are. And this just this just comp compounds that.

Okay. Next, you know,

so a fine uh I don't want to I'm not for that.

All right. Um, next next page. Let's see here. Is there another page?

I already advanced it.

Oh, that's all your com those are all your comments.

Okay. So, where's the one that says it has to be removed? Maybe go back. Did I miss that? Um,

wrong direction. the canopy soon safely stored indoors. Okay. All right. So, we've said we've stated at it's 60 I think 65 miles an hour they got to come off.

Okay,

Madam Chairman.

Yep.

Can you go back to the to seven the one with the colors?

I think

so. I think now I'm being picky, but I think you need a you need a semicolon between green and monochromatic. Monochromatic is not a color. You're using it to describe the colors. So, either you need to put monochromatic in the beginning of that sentence or I think a semicolon probably would will do it.

Okay.

Because I think it's monochromatic shades of beige, white, silver, light gray. Okay.

What does this mean? Free of any design unless otherwise stipulated. We're going to start selling ads on these or something. What does that mean?

Well, that's it's prohibiting a design.

Correct.

Yeah. Let's No designs. No, we're not going to sell ads on boat covers or anything.

Right.

I think it'd be more like put your favorite football team on your boat cover. not necessarily selling ads like

so this is saying the county attorney said this is prohibiting that

okay unless otherwise stipulated by a homeowners association or similar entity you like that language

that's a limitation so unless the unless otherwise stipulated by the homeowners association that they want they have a more restrictive covenant Oh, in colors or something.

Yeah.

Okay.

It can't override your con a homeowners association can't override your restrictions, but they can be more restrictive if I i.e. they can prohibit canopies completely.

Okay. Let's take a motion. I'll make a motion to approve uh with a noted change on condition number seven by the county attorney.

Second.

All right. All in favor?

It's a roll call. Roll call. Okay.

M commissioner have any comments?

Yeah.

Oh, she can comment. At least we're voting, but you will make a comment.

Can you hear me?

Yep.

I approve.

Okay. It's going to be a roll call, so hang on one second.

Okay.

District one, Commissioner Oakley.

Hi.

District two, Commissioner Wakeman.

Hi. District four, Commissioner Joerger.

I.

District five, Commissioner Mariano.

I.

District three, Chairman Starky.

Nay.

All right. Thank you very much.

Thank you,

Lisa. Um, no clapping. Thank you. We're sorry you can't be with us and we we have you and your family in our thoughts.

Thank you.

Okay. What are where are we now?

Uh, P-56.6. P56.

P56. We have proof of publication in the June 4th, 2025 edition of the Tampa Bay Times, supplemented by an affidavit of certified mailings and site postings.

All right, I was going to give everybody a minute to kind of leave.

Yeah, no talking in here, guys. Please, we got more work to do. All right. Good afternoon. Amy Tol with Planning, Development, and Economic Growth. Uh, item P56 is the adoption hearing um for the Riveridge CPA. I will read the ordinance into record. It is a very long ordinance, so bear with me. uh an ordinance amending the Pasco County comprehensive plan providing for a comprehensive plan amendment to the future land use map 2-15 and sheet 11 from res 3 residential three dwelling units per gross acre excuse me to PD on approximately 10.42 42 acres of real property located on the south side of Ridge Road, approximately 1,185 ft west of the intersection of Ridge Road and Moon Lake Road. Uh res six residential, six dwelling units per gross acre to PD plan development on approximately 13.03 103 acres of real property located on the south side of Ridge Road approximately 1,187 ft west of the intersection of Ridge Road and Moon Lake Road and Res 9 residential 9 dwelling units per Grace Acre to PD planned development on approximate on approximately 9.86 86 acres of real property located on the east side of Moon Lake Road, approximately 1,455 ft north of the intersection of Ridge Road and Moon Lake Road. In a text amendment creating sub area policy flew 7.1.84 84 River Ridge PD and a map amendment to the future land use map uh 2-9 adding sub area map 2-984 Riveridge PD providing for additional text amendments is necessary for internal consistency and providing for a repealer severability and effective date. This comes with a recommendation of approval.

Okay. Do we want a presentation?

Yes.

Okay. Presentation. Uh uh so if a presentation is requested, I just want to put this out here. P60 is the companion MPUD reszoning as well for this item.

Okay. Um why don't we um pull them both up?

They're actually not companions.

Yeah, I would. Okay, never mind.

Take the comp plan amendment.

Please disregard.

Okay. All right. We'll do we'll take a presentation on this one. Got it. Okay. So this is a proposed small-scale comprehensive plan amendment. The item is requesting an amendment or the application is requesting an amendment from res 3, res 6 and res 9 to PD. The intent of this PD is to actually reinstate the previously approved entitlements from the Riveridge DRRI and request an increase of 60,000 uh 60,715 square ft on what's being called parcel K3. Uh this is located on the south side of Ridge Road approximately 1,185 ft uh which is K3 uh 1,187 ft which is I2 and 1,455 ft which is P2. Um so for proximity this item is uh three parcels of the overall Riveridge MP or overall Riveridge existing overall Riveridge MPUD. Uh the intent of this PD is to just ensure that the entitlements that were recently rescended from the DRRI back in 2024 are made whole with the Riveridge MPUD um existing entitlements and consistent with that zoning district. Uh because this is going PD, there is a companion sub area policy uh policy flew 7.1.84 84 Riveridge PD and there is a companion a substantial modification in the name of uh Riveridge MPD. So the location is in the central market area as you can see uh as as identified uh by the red star subject site on the context map. So, uh, here are the three parcels that are currently, uh, requesting an amendment to PD. On the far west is subject site. Parcel I2, uh, parcel K3 is in the center, and parcel P2 is going to be on your far east. Here's an aerial view of some of the uses and the densities that fall within the area. So, as you can see, there's existing commercial at the loca at the intersection of Moonlake Road and Ridge Road. Um you can see that this does fall within the Riveridge MPD as as identified by the blue labels. Uh there's the airport in proximity to the area and surrounding the commercial is uh medium density residential and a higher density residential project or product. Here's the existing future land use. As you see the res 3, res 6 and res 9. and the request uh to amend to PD is the visual for this as for this uh slide. This is the companion sub area policy. So what this is doing is just reinstating the entitlements that align with the proposed MPD zoning district. Um so as you can see I'll start with K3. K3 is proposing a total of 120,000 square ft. Uh this is where the increase of 60,000 approximately 60,000 square feet is being placed. Uh it's currently approved for around 64,000 square ft. Uh parcel I2 is was currently approved for uh 13,590 ft. There's no change there. And parcel P2 is currently approved or through the MPD uh currently approved for 7,500 square feet of uh retail commercial office and 225 multif family residential units. There's no change there. Uh transportation map, it's on Ridge Road and Moon Lake Road. There is an existing 8ft multi-use path, a 12-oot multi-use path, and additional 8ft

multi-use path in proximity to the subject sites. And the proposed amendment is consistent with the following comprehensive plan policies. Section flu A6 for the PD plan development establishment. Uh policy flu 8.1.3 central market area establishment. Policy flu 1.6.1 commercial development. Policy flu 1.8.7 economic development and policy flu uh 1.8.10 preservation of capacity of employment generating uses. The reason why there's only three parcels of the overall MPD um is that the already approved entitlements that are within the MPD, the density intensity that's set forth there is already deemed consistent with the comprehensive plan at this time. So the only change necessary to ensure consistency with those entitlements um are these three sites or three parcels. So, with that, we recommend approval of the proposed comprehensive plan amendment and adopt the ordinance by roll call vote and be happy to answer any questions you might have.

Um, does anyone have any questions? I see the applicants coming up.

Okay, come on up, Miss Barbara. Good afternoon again, Barbara Wil.

We did all this already.

8627 Graham Boulevard for the applicants. Um, this is an unusual situation where this DRRI was rescended preme um without making sure that it didn't create any conflicts with the comprehensive plan for property owners that had nothing to do with the recision. So, this is a paperwork cleanup.

Yeah.

Um that we've spent a lot of time with the county attorney's office and staff trying to get this paperwork cleaned up so to not impact these folks. So P2, MPD parcel P2, their MPD entitlements are 7,500 feet of retail and 225 multif family. That that is their MPD entitlements. Um we're just trying to make the comp plan consistent because of the recision the DR decision didn't it created a conflict with the comp plan because the MPD preceded your comp plan in 1990. Really weird facts.

So that's the situation for P2 and I2. what's proposed as PD is exactly what the MPD approves for. K3, there is an a request to increase the commercial that was approved for that parcel. Currently, that parcel is approved for 64,285 square foot of commercial. And there is a request to increase that to by 60,715 for a total of 125. That's just to make that parcel um more developable. It's been sitting for a long time. this prop this project the Riveridge DRRi now MPUD has it's nearing buildout and so we're just doing those tweaks to try to move this project along and get these vacant parcels developed um so that is the reason for and we had to go parcel parcel by parcel and determine if the recision created a conflict or not took a lot of work these were the three that we had to to clean up the paperwork on hope that makes some sense and gives you some background as to why this is coming forward like this I'm available to talk about it more, but I don't want to bore you either,

madam chair.

Yeah,

I'm waiting for Commissioner Waitman to ask about live local.

I did ask David Allen, where is he?

That is a good MPD question.

Um, so save that one. It's good MPD question

and the answer is we we did take care of that.

That was yesterday.

I had faith with you. So, okay. Um, I'm sorry. I'm confused because I didn't know we were approving apartments today. Oh. Oh, is this the this is this low income?

No.

What is this? So, the So, MPD already approved apartments here. Recision of the DRRi. um made a conflict with the comp plan. So, you're not actually approving new apartments, but I can tell you that the contract purchaser for that apartment site is Dominium and they are looking forward to doing another um affordable project with you and Kesla Archer is here from Dominium and uh looking forward to doing that. But to answer your question, um that parcel will be not allowed to be um have live local by condition. So that's an advancement to this MPD, something the MPD doesn't have right now and could be argued about by others, but we're making a significant step forward in two things. One is by putting a condition on this MPUD as when we talk about the MPUD to not allow live local on this parcel and to also bring forward a uh affordable project. And for the other two commercial parcels,

the the live local condition was approved by your county attorney over here to my right and it applies to the whole project.

Okay.

Well, to be clear, it applies to all the the vacant parcels that Barbara's clients control. There there may be some parcels that our clients don't control that that condition does not apply to, but everything that is being changed today or reinstituted today that live local condition applies to

public comment.

Okay. So, we'll take public comment on this if anyone wants to speak to this.

We have no one signed up in advance either online or

the audience hand up in the back. You are welcome to speak if you want to speak on this if you have not signed up and there's no one online.

No one online.

Is there anyone else after this gentleman that wishes to speak to this item?

Okay.

Hi, my name is uh Robert Sulio 7913 Leighton Circle. You were speaking about the Ridge Road and Riveridge Boulevard. Um what is I guess I2 project that's going to be done. I was wondering if we first of all homeowners are asking if we know what's going to be built on that corner. I think it says like 13,000

five 13,000 ft or something. A project we just spoke about it a minute ago. [Applause]

I I don't know if we we don't we don't know what's coming. I don't think we know what's coming, but that's

okay. Yeah. I mean, I don't

It's decreasing commercial entitlements on parcel I2

is decreasing.

That's what

Okay.

Comprehensive plan amendment or I'm sorry, that's what the MPUD says.

Um,

yeah, right now we're on the comprehensive plan amendment comp plan now. So maybe you want to wait. And it's it's changing the future land use to PD as as Miss Tall and as Will Height explained. Um the actual what's going there is the reasonzoning which is number 60 which they'll get to after they close this one out.

Yeah.

Oh okay. That'll be a later date I assume. No. No. In just a few minutes.

Oh okay. Second thing I'd like to

Don't go all the way in the back. Just stay right up here.

Second thing I'd like to address if it's possible. We have spoken about a lot of trees being taken down, oak trees. While we're talking about Riveridge Boulevard is where we live on we live on Deerwood, which is right there, Riveridge Boulevard and Dearwood Avenue. The church right there on Riveridge Boulevard, cleared out a piece of land that was huge. They took down probably a couple hundred trees. This was over a year ago. They leveled the land. It's all grass now. Not one tree was ever replaced. Why?

This is not general public comment. This is these are public hearings on these.

Well, I mean, we were talking about trees and how many trees are being taken down. I mean, how we saving trees and I'm just addressing why trees were taken down on a piece of property from a church.

We're talking about land use.

You're out of order, basically.

Well, I don't know nothing about water, man. It's the first meeting I've been to,

Madam Chair. So,

yes.

So, the way we do public comment supposed to be you have a conversation, you get three minutes to talk. Yeah.

We're not supposed to be in an interaction dialogue. That's what's that's what get this whole thing

confused. So your comments are for the next item. So if you don't mind, we'll we'll you can come up at the ne at a future item. Okay. Is there anyone else that wants to speak to this item which is the cleanup of this MPU?

Seeing no one with no one on line move approval.

Nope, there's nobody online. Okay, I'll take a second.

Second.

All in favor.

Is a roll call anyway. Yeah. In District One, Commissioner Oak.

District two, Commissioner Wakeman.

Hi.

District uh four, Commissioner Joerger.

She's offline.

No, no longer online. Uh District Five, Commissioner Mariano.

Hi,

District three. Uh Chairman Starky.

I Okay, so now we'll move on. I think we did uh Okay. P58.

P57. Well,

you want to stay with River Ridge and get

Let's go ahead and get that one done.

Get it done.

Yep.

Okay. So then for P60,

we have proof of publication in the June 8th, 2025 edition of the Tampa Day Times supplemented by an affidavit of certified mailings and site posting.

Good afternoon. Amy Tol with planning, development, and economic growth. Item P60 is a substantial modification to the Riveridge MPD master plan unit development uh in the name of Riveridge Homes, Inc., it is a resoning request from MPD master plan unit development to MPD master plan unit development to allow for the reinstatement of entitlements from the Riveridge DRRI to the Riveridge MPD. Increasing commercial entitlements on parcel K3. Increasing residential entitlements on parcel J and L. Decreasing commercial entitlements on parcel I2, increasing the height limit on parcel P2 and associated revisions to the conditions of approval on approximately 1,3 and 88.2 acres located in west central Pasco County. This comes with a recommendation of approval with conditions and staff is here with a presentation for that as well. Okay. [Applause] Good afternoon. William Vermillion Planning, Development, Economic Growth. I'll try not to belabor some of the stuff that's already been covered. County map location. Like Miss Hull just said, this is for the the cleanup of the former Riveridge DRRi uh to codify and to move those entitlements and some of those changes now into the Riveridge MPD. This increases the commercial entitlements on parcel K3 by 60,000 ft to a total of 125,000. It increases the residential entitlements on parcel JL by four dwelling units by one town home block from 256 to 260 total. It decreases the commercial entitlements on parcel I2 to the county attorney's point uh when the gentleman last spoke by 210 square ft. And for the clarity of that gentleman, the uses allowed there are only C1. So it's very low inensity neighborhood scale commercial that's going to occur on parcel I2. and it does increase the height limit on parcel P2 from 45 ft in height to 50. That was in the previous uh paperwork of the MPD throughout the years that height increase and we're simply moving that height increase over to the to this MPU the overall location map and the zoning map. the future land use map reflecting the future land use uh that reverted after the DRRi recision back to its original original residential flu. A context map showing the uh you have the Pasco Hernando College there, the elementary school as well as the high school and the middle school for River Ridge. This is the MPD master plan to give an overall layout about the parcels that are subject to this modification here today. You can see P2 all the way to the north along Moon Lake Road. And then as you get towards the intersection, you can see K3 and I2 as you move further west. There's one variation analysis for this MPD from 8056 restrictions on postdevelopment wetlands and upland buffers.

This is one we see a lot. Uh this has to do with ownership of common areas for those uh for those non-residential uses to maintain their own uh common areas here. And to answer Commissioner Weightman's question, condition 46 of the MPD, we do address live local on the subject parcels.

There's no question.

No question. uh to answer your statement commissioner that that is included. This this comes to you with a recommendation of approval from both PTE and the planning commission.

Do we have any questions for the for uh William?

No, I think um well for the customer in the back.

Yeah.

I think maybe not in the mic or someone talked to him explain to him the commercial uses like what's in the C1. That way when we approve the zoning that the customers have a general idea of what it what it means to them since it's their first time here.

Absolutely. I can certainly do that.

Thank you.

And I don't Are you going to speak, David, or you going back to

gentlemen?

All right. Um, do we want the applicant to make a presentation? Are we good?

I was just gonna answer

Barbara Wilhead. I was just going to answer the question. Do we know what's going on with I2? No, it's just a paperwork cleanup. So, I want didn't want that to go unanswered, but

do you want to check and see if he wants to make a comment or

um if that gentleman wanted to comment, he can. Now, this is this was the issue that you were bringing up, but they're going to explain to you we down we down

zoned

we downzoned it and there's restrictions on it for neighborhood commercial. and they'll explain what that is, which is the right thing for that community.

I appreciate it. I'm sorry.

That's okay. I had a first time coming here, too.

Thank you. You might want to look at all the trees that church took down.

Yeah, I'm going to talk to you about that. Don't go too far. Um Okay. Um is there anyone online who wishes to speak?

We have no one online or no one signed up at this point.

Okay, then I'll take a motion.

See no one to sign up or speak. Approval.

Second.

All in favor? I

I

Okay. Next,

back to P-57.

We approved publication of the hearing of this matter at this time in the Tampa Bay Times of August 6th, 2025.

Good afternoon, commissioners. Tracy Overturf, public infrastructure fiscal and business administration interim director. Item P-57 is a resolution revising the water, wastewater, and reclaimed water rates, fees, and charges. Recommended action is to accept public comment and receive the presentation of the 2025 rate study and the rate resolution outlining the adjustment to rates, fees, and charges for utility services for FY2026 through 2029. The team has been working with a consultant, Stantech Consulting, and we have Justin Grant here this afternoon to present the finding and recommendations. We also have the utilities team available if there are any questions.

Well, welcome back.

Good afternoon, commission. How you doing? It's interesting to be wearing a different jersey today, but I'm pleased to come and talk to you and continue the discussion and and represent the county here with

put you at the end of the agenda.

Yes, I appreciate that. Yeah, I was I was thinking about the different jokes or you know introductions we could make and you know certainly this is not a development item but you know I've been a part of many of these sessions and there's lots of important business for the county to to conduct and this is part of that so we're happy to do it. Um so this is a four-year rate study and so we're happy to be a part of that process as well. So there's two public hearings that will happen and so we'll go into our presentation. Let me see if I can get our clicker functioning here real quick. All right. All right, there we go. Okay, perfect. So, this is something this board is pretty familiar with, right? And so, I'll go over kind of the the the four main objective objectives or pillars why we go through and we do this study. And so, first thing is we want to look at revenue requirements. You've heard a little bit of commentary. I know that public works talked a little bit about revenue sufficiency analyses and things like that that are that are happening as a part of it. This is part of this process as well. And so, we try and figure out the the how much, right? There's operating costs, there's capital costs, there's financial policies that need to be adhered to. And so you want to make sure you take this opportunity on a four-year basis and really take a hard look at that. Then we look at cost allocation. Cost allocation breaks it apart your different customer classes. So you're trying to provide main, you know, set of services between water, wastewater, and reclaim. And that distributes between residential customers, commercial customers, industrial, and the like. Then you look at rate design. And so this is the opportunity that you don't do that on an annual basis. You do that every four years when you when you take a look at your things. And you you look at the how. How are rates structured, block tiers, things like that. And then you look and you take the opportunity to update other fees and charges. So the name of the game here for the utility is it's a municipal, you know, government utility which is cost recovery. And so you take this opportunity to go through the exercise and examine all the different things that the the utility has to perform when they roll trucks to do specialized services and make sure that the appropriate fees are being charged that the utility is made whole as a result of those activities. So let's take a look at the timeline. So the timeline here is we've been working here for for quite a long time as Tracy introduced the item um you know with utility to get through this. And so now we're here kind of on the home stretch for adoption and so we've got two public hearings. First one being here today on the 19th. The second one being at the Dade City meeting on 93 if the board ultimately chooses to adopt uh the rate plan that the utility is proposing. That'll happen at that second public hearing in the green item. And then on

101 it'll become effective. And so then because of certain requirements there's a delayed you know there's a notice requirement for bulk users. So those bulk rates that will go into effect that'll be in de excuse me on December 1st. So let's talk a little bit about here what the main some of the main drivers. So uh we're not going to talk too much about the entire capital plan but we will highlight two main projects that the utility is working hard to try and make sure that it's implemented here as a part of this rate study. Both of them are expansion both of them are wastewater plants. As you can see here on the screen, right where we've got Lando Lakes and Wesley Center wastewater um wastewater treatment plants, you got 403 million worth of wastewater plants that are trying to go into the plan. And so why this is an important slide is you see a number of different MGD requirements and things that are coming through is you'll see, you know, when we talk about the rate plan in a few slides, FY27 is when the utility is planning to go out and finance these activities. And so you'll see that as a major cost pressure coming into that. All right. So, let's take a minute here to walk through kind of the historical rate increases and what Pasco County looks like relative to, you know, the US water and sewer CPI. And so, I'll mention that is the water and sewer CPI. So, not to be confused with things that include electric utilities. And so, this is just for the uh the standard water and sewer. It does not include reclaim. And so you look here over over this period of time that Pasco County over the last 10 years in 2015 has had a 27% increase as compared to 56% um you know on the water sewer CPI from a national basis. That's a 29% almost 30% delta that Pasco County maintains a more affordable position. You see a couple of fluctuations there in in the chart and in 2018 the county did make some rate structure modifications that lowered uh those first tiers made some you know lower consumption users bills more affordable. But most notably in 2020 and in 2021, I'm sorry, 2020 and 2022. Uh those are the first uh first two utility acquisitions that the the of the FGA systems being Aqua and Lindric in 2022. And you see a rate impact there in 20 with Aqua being taken on uh because the utility ultimately uh you know elected to do a a rate increase across its entire rate base. And then 2022, uh, the county was able to avoid a rate increase by utilizing um some federal monies that came upon came about as a result of the pandemic. All right. So, let's go to um the residential bill comparison here on the left. So, uh let's first take stock of where the county sits relative to uh to its to its peers in in a water and sewer bill. And so, this is on a 6,000galon uh basis. And so, that you it's still your average use for your average customer. You see Pasco County there at $88.65. Kind of that, you know, if we call it the the top of the bottom third, if you will, almost towards the bottom of the the middle half of the graph. Uh, and

the good news here is when you take a look at uh your rate increases that are proposed there on the right side. And so, I know that's a little bit uh small and kind of hard to see, but we want to make sure we get a lot of impactful information on this slide. You've got a 4-year plan that suggests a water and sewer and even water and sewer uh increase of 375 in 2026 and then a 475 increase for the remaining 3 years of that plan. And so you see there that it is compared to some of the other regional utilities most notably there Hills County at the top that's approved a multi-year structure at 5%. You see Newport Richie that is a municipality here within the county at 4% and a couple others that are uh significantly higher. You look down at St. of St. Petersburg that has some higher increases there. And so from a, you know, rate design standpoint and an increase, right, Pasco continues to align with that slide we looked at a slide ago that, you know, it's affordability affordability sty slide um that is more of a steady and heavy approach here.

All right. So now let's move into a little bit more of that rate design thing. And so what we ultimately worked with uh with the utility is to take a look at the reclaimed water structures. One of the main design elements we'll talk about here for a minute as you see there on the left right the current fees uh but I'll spend some time here uh you talking about the bulk side first and then the next slide we'll address some of the retail changes that we're suggesting and so you see the four bars there uh in each one of them Pasco County is a little bit unique uh that they have two different bulk structures uh for the reclaim users one with storage and one without storage and so when you look at that top one that those are things like most notably golf courses and things like that that have the ability to store reclaim water they pump they can transmit in certain ways and so there's a rate discount for that right I don't want to say discount there's a different rate structure for that and so right now you see uh in the in the different bars right if you can read the legend there the black bar is the existing fees and so the orange bar is an indexed approach that would index right along with that slide that we were just on at 375 they're going in 26 and then the next three bars gray yellow and blue are are different indexes of cost recovery pieces right and so if they they ultimately look at um both bulk and retail side. Uh when you look at the cost of service allocation for reclaim, it's subsidized uh by the sewer fees to a certain extent. And so when we worked with the utility, this is an opportunity for the utility to make some adjustments to those rates to increase its cost recovery. And so the gray bar is a 25% increase in cost recovery. Yellow bar is a 50% and blue is that full cost. And so you look there at that top rate, $111 is the reclaim without storage. That's the full cost recovery for that structure $167 at the bottom. The recommendation there highlighted in the red box is uh to increase uh the 25%. Okay. So now let's move to the retail side. So the retail side, you've got a couple of things here under the current uh structure here. We'll highlight that that purple box first. The purple box being uh the current structure allows for 10,000 gallons included in the base charge uh that is charged to residential customers. And so um in an effort to try and you know alleviate certain system demands and promote more conservation conservation signal a little bit earlier in the rate structure uh the recommendation here is to is to move that that tier down from 10k to 8,000 gallons. And so this could increase system of uh product availability. As a result, as we look at your average use usage habits, right, we ran some additional analysis at 10,000 gallons and that uh you know over 2/3 of your standard lots are using less than that for their irrigation. So then they also introduces two volumetric tiers where there was only one. And you'll notice here in the second tier, both are separated by 5,000 gallons. The second

tier at 13,000 gallons in excess does achieve cost recovery on the retail side. And so the aim there is to ultimately uh create a structure that when you have higher than normal usage uh you know for these normal residential properties that the utility is able to recover its costs past those thresholds. And so ultimately you look down there in the gray and you see some of those bill impacts with 10k gallon user. This is ultimately going to represent about a $3 increase from 1220 to 1520. and you do achieve some additional cost recovery for the utility. Here's a slide. I know it's all purple. Purple is the color of of reclaimed pipe. So, our apologies for some of that blending a little bit. And so, we've got kind of that orange slide and then there's a darker purple there. Uh, that's the 8K gallon proposed. I wish I had a little laser here to get to that. But, uh, right there in the heart of the slide that the point of this slide being is it represents some of the same data that we just talked about. Gives you gives you some comparisons to those regional utilities. But when you're making the change here, uh, even though you're making a structural change, you're reducing from 10K to the 8K. This is consumption at 10,000 gallons. So now the change is here, you're going to have an AK included and you're going to have two 2,000 gallons worth of consumption on that user. Pasco County's position doesn't change relative to the other utilities. All right. And so finally, our our summary of recommendations here. I'll run through these and then uh we can go through any questions that you might have. So the four-year plan here is the indexing at 375 and 26. And then we talked about uh you know those big impacts uh from the wastewater plants coming in in 27 and the financing and the additional debt that comes online with that that precipitates that 475 for the remaining three years. From a retail rate standpoint, right, we've got no structural changes on the water and sewer side and we just walk through some of those things for reclaim on both the bulk side and um the bulk side and the retail side. Finally, connection fees at this time would link along with the indexing plan at 375 and 475. Bulk rates have been calculated as a part of the study for water and sewer uh to index. They will they will increase to cost service as part of the the analysis and then they'll index along in 27 through 29 and then reclaim has been presented on that previous slide. And as we talked about in the beginning, those miscellaneous fees as well as the environmental lab charges will be updated as a part of the resolution documents that will come forward to you on 93 for adoption. That concludes our presentation.

That's a fast one, but I have a couple questions, but I'll let my board members go first. Okay. Commissioner Oakley.

Yeah. I uh not any question just I admire the way we've been doing this because we have small increments of increases where if you look at other counties and surrounding counties of of Pesco they have large increases because they don't do it the same way

kick the can.

Yeah. So it's um it's it's done the right way I believe. And uh a little note from Tampa Bay Water yesterday. We were talking about reclaimed water a little bit and the fact that uh in reclaimed water, we have a lot of reclaim water. Even though it takes four houses to develop enough to water one yard, one of our main issues is distribution lines to get it to the right place to be used by our customers. So that's what that letter

that's something we need to look into in the future so we can take care of that and and spread that water out so everybody can use that water. So uh a different look at it than I had before. And uh just a little note again about I left out on my part about reporting on Tampa Bay water and Jack missed it

uh yesterday. But the fact of it is that we've started using the 90% of high water marks and in the last few rains, few weeks or whatever in a month, we've had more rains. We're sitting at um a little over 10 billion gallons in our reservoir. Nice.

Which is a good place to be coming into the fall when we usually have our uh drought time and things of that nature. So, we're looking good with with the water uses and we we're picking up that 90% of the Alifi River to be able to pump into the reservoir. It's really worked out good cuz you can you can put 200 million gallons a day into the reservoir and it in fact we use about 200 million gallons throughout our whole system. So, it really works good. Maybe next next meeting give us an update on the uh what's happening in south south southern Hillsboro County with their their plant. I'm wondering how they're coming along with that.

Oh, okay.

Water treatment plant. Um okay,

I'll bring that to the next meeting. I'll I'll get that info. Yeah.

Um

a good project.

Do you have questions?

I'm just going to make a comment. Um, I had talked with uh the golf courses because they got hit the the probably hardest with the rate and the way they're set up, they did a lot of do a lot of storage helps with storm water. So, I went down to Seven Springs to talk to them. They actually invited me down to talk about another issue which we're working on with water quality, uh, especially with the Enclo River running through it. Um, so they cut down a lot of their water and part of the reason they do do cut down whatever they can is because the more reclaimed water you use, the more chemicals you have to put in to offset it. So I think we should try

Interesting.

Yeah, it's just trying to offset it. They ra much rather have rain water or regular water. So I'd like to be looking at them and I've talked with the team about it for the future trying to work with Swift Mud and the golf courses to find out can we allow them a little more pumping. And I will tell you the Heritage uh pines is the one area I'm a little concerned with because of the sinkhole activity was up there from years ago. So water levels got to be maintained, but I think if we can look at it, it may be better to get less chemicals in the water, you know, for water quality for down the road and then maybe free up some of them. Now they they will cut down and save themselves a bunch of money, but I don't know how the others are doing.

Okay. So my questions, I have two and I brought them up in our meeting. So, first, um, we promised our citizens that we were going to help them with their water rates, um, if they were with FGUA by purchasing all four of the private, um, water providers. Sure.

That were under FGUA because I think we have some that are are not under FGA. Um, they're much smaller. So, we bought Lindrich. We bought what was the first one?

Aqua. Aqua.

Aqua.

Where are we with the next one, which is not Aloha.

Guess it's Mad Hatter.

Sure. So, so yeah, I've got two slides that

and I and Commissioner Weightman definitely wasn't here when we did that and I don't know if Commissioner Oakley was, so I'm not sure they they know the history.

Sure. Sure. No, I I certainly remember it well. And had the, you know, fortunate opportunity to be a part of both of those acquisitions. Uh so back in 2020 uh you know if you go back to you know ultimately this slide right when we kind of looked at that affordability back in 2020 right that was the first acquisition the first of as you you stated commissioner four different systems uh that are located within Pasco County's borders that are operated by the Florida government utility authority also known as FGA and so ultimately 2020 took over that first one there with Pasco Aqua and then two years later did Lindrich and so at that time Pasco had also done some studies to take a look at the remaining systems uh which is consolidated and it does get confusing. The final remaining system is called Pasco systems. It's not Pasco County, it's Pasco Systems as is named through FGUA. And so uh I think what's helpful is I do have a backup slide here. This is the first one. And so in order of acquisition as the utility planned years ago um FY26 was the targeted uh year for that, right? And so they're taking a look at that. I know they've mentioned it many times in the work sessions that we've had as a part of this process is getting ready for the consolidated utility system. This snapshot here um will give you an idea. I know a lot of you are looking at specific service area and different names and things like that. That's directly from the FGA's ACER uh that is represented there. And so that's uh that's slated for FY26. And then in FY29 would be the second system. This is the Pasco system. So same same description here that goes through and defines the service area. um you know and ultimately right you've got a number of different you know sets that go within that but the utility is planning for that. What I will note here as a part of the rate adoption uh process is is that the the the board will ultimately be considering a resolution on 93 for a rate resolution that would be four years. It would be independent of these actions and so these actions do require separate diligence processes that the county did go through back in 2020 and 2022 as defined in state statutes. Don't quote me. I believe it's chapter 110. defer to the county attorney before I mention those specific things, but there is a separate diligence process and as as a part of that diligence process if it's ultimately found in the public interest and at the board the board can adopt a rate offsetting measure or whatever the financing you know requirements that are necessary at that time to take those utilities on they do that separate and identified with that measure on its own not as a part of this four-year structure.

Is that fair?

Yes. So way back when back in like 2004, uh we had all these water companies that had trouble. The FJ was settled on to be a a vehicle to take them over. Um Aloha was a big part of it. Lindrich was a big part of it. Uh AA was a big part of it. Um and I'll I'll tell you up in Hudson, especially NY Florida, another big part of it. So I know the others were factored in as well, but I I don't know if the order was done the way uh

that was by size just to affect the rateayers less.

Okay. So as far as to affect rateayers less, I will tell you the Hudson area will be the easiest one to take over in that case because when your rates of N Florida are through the roof already and Hudson Waterworks are really lower. If you want to consolidate that system, it probably very little. Wait, Hudson Waterworks was not one of the four or they're not

they're not. Yeah, they were cooperative. But but but the it may be a deal that people could be put together to keep all the rates the same and bring them all in the same system because right now this the service they're getting with NY it's not NY now it's a different company but has just been terrible. Um

most of these that's how it is

exactly but money into quality improvements. So what without affected rate payers, the least expensive one for anybody would be actually taking looking at the Hudson system. And I know Mike's had some conversations, but I think it's still another push to have for us to keep it going. Uh but again, even even with Aloha being bigger, I still think as they were one of the initial ones, maybe it's something we should really look at to find out, do we take that one first?

Aloha.

Yeah. Well, I so our thought our thought process guys when we set this up was that

I was here.

Excuse me.

I got here in 16. So I

Okay. So you were here. Okay. So So then you know the the more people who are paying in as the county grows, the less impact it has per capita.

Yeah.

And that that was our thinking. Um, I hear complaints about them all the time and uh I that's why I wanted to bring it up to not let us forget to make sure we're on a path. So, are you saying that we said we were going to do Mad Hatter in 26 and are we on path to take on take Madhatter or

so I'll defer to the utility towards that there progress. I can tell you we've looked at some of these things and supporting and so I'll

Joseph side for Joseph

because it sounds to me like you were saying we had separate.

Yes. So Joseph Moa utilities director. So actually we had um um a task order with um Stantech to conduct some initial financial evaluation for those systems and they're supposed to prepare a schedule um for us in terms of the timeline for acquiring those systems. So, um, that report is due.

So, so the utility the utility originally had set out and I know there was communication uh, you know, with certain with county administration that they were trying to get these things done within this next four-year block, right? And so, I want to try and clarify some of the states statements made here is that 26 and 29 is what the utility has tried to articulate to the board. I know there's been some memorandums that have gone back and forth. We've been furnished with with those copies. Um, I know it's interesting I wrote one of them. Um but uh you know in that in that time right is targeting that FY26 um to take over the first system consolidated. You're right, Commissioner, right? That that is the smaller of the two systems and there's large amounts of outstanding debt. And so the idea there with the Pasco system being the second one that's on the screen here is, you know, the county also has representation on the FUA board. And so you do get a right

you have input right into that process, right? When they go and they finance and they take additional debt and so the idea here is you'll have an opportunity to be a part of those discussions if the FGA ever were to try and take additional debt through this period of time. But when you go through this, you allow you you allow you take over the smaller one, consolidate it in FY26 and then in 29, the benefit to doing that is just like you were talking commissioner, right? Is that the rateayers in the FGA will pay down through some of that debt and so as the structure goes, there's an interlocal agreement between the county and FGA that allows for the purchase price of the utilities to be equal to the outstanding debt on it. So what

we want them to not incur any more debt,

right? because their fixes may not be what you know they're my experience is they do band-aids and we come in and we fix it. So, we want to be paying for band-aids,

right? And and Joseph's right. We we've taken a look at that and we're getting ready to finalize some studies here to give to give back to the utility to take a look at those those two systems. Those are financial in nature. And so, the biggest thing that is the variable for both of those systems is evaluation of the capital improvement plans for both of those utilities. And so the two biggest variables you look at the cost with this is ultimately what the county, you know, the county standard would be and what the recommended CIP would be. And I know there's going to be additional conversations with county staff to have their engineers take a look and say, "Hey, is the CIP adequate based on what the F2A is doing or would it be higher?" I know there was different amounts that were suggested when we took over Aqua and Lindric. And so they were revised and so that kind of changes the cost investment. And then the other is what we just mentioned, right? is how much debt is on the system and if there's any fluctuation in that debt, right? Positive or negative before the county ultimately has to take it over.

Okay. Yeah. And then I have another thing.

There's another numeric factor to consider.

Pull up Trinity.

I'm talking to Tony. Okay.

You can pull up Trinity while he's talking.

We have the we have the Senate appropriation chair living I think in the Aloha district.

Yeah. If ever there's a time to get attention for someone to bring in a good chunk of money, which helped us tremendously with Lindrich, I think Aqua as well, I think that's a factor to find out what does he feel comfortable looking forward because if he can come with a big chunk of money, you can make the whole thing work.

You know, I've talked to commissioners uh when I'm at at FAC, not in the last year, but I know that Charlotte and I think Lee County, they bought they bought all theirs out of FGUA. they they had a program like we're working on ours and they they were able to get them all under their umbrella. So, um I think this it's a really really worthy project. So, the other question I have is and go to the west, please. Uh oh, no, Google Earth. Um, so I, you know, I've been looking at this property that Pelis County owns forever as a possible solution for our field lack of space for fields dilemma over here. And, um, and so, uh, twice I've gone to Penelis County and had Mr. Carbala say, "Talk to them down there and see if we can use this property for temporary fields." And I did it just as recently as last month with Commissioner Myers. Right there.

Right there. So, zoom in on that property right there. Um, so this is uh Thousand Oaks and No, now you're Okay, now go south.

So, this property right here and can you zoom out just a little, Tony? Just to give a little more context. Um, the Penllis County line starts at pretty much at that road, I believe, or just before. Maybe it's where the roads are white.

You can see a natural break with the houses and the lines.

Right there.

Yeah.

Yeah. So, oh yeah, right there. So, that's the Penllis County line and this is Penllis County property owned by their utilities and they they finally have said that they're coming in here and they're doing a storm no a um reuse water project here. And I'm just trying to figure I I asked you guys in our meeting zoom if you could zoom out. I'm trying to understand the um dynamics of this because they're going to have to pump a lot of water from far away because there's no there's no Penllis County houses around there and so does it are they going to you know maybe we can buy their water cheap. I I I just I don't understand them wanting to put that way up up here in the middle of nowhere in their county.

Yes. So Commissioner Thank you. Yes, you did bring that up and um staff is still looking into it. They're talking to Penelis County to make that determination. So hopefully um

so we don't have the answers yet.

Yes, we don't have the answer yet. We're still looking to it,

but zoom out more, Tony.

Um keep zooming out. The only I mean the only big developments around there Well, there really aren't. I mean, you get an Eastlake corridor, but it's not that dense. So, I just trying to figure out how that makes economic sense to put that in the middle of no density.

Yeah.

So, they're going to use a facility just to like pump reclaimed water in kind of like a rib. Is it?

No, I think they're going to um they don't have a lot of reclaimed water, right? All these developments were done without reclaimed water pipes. Um but all he told me um or she told me the commissioner was that they're going to use this for a reclaimed water storage project or something like that.

So they have trouble getting rid of this?

No, they No, they don't. They don't. Yeah, I I'm I'm waiting. I don't understand it. I'm waiting for answers that our for our staff to ask them. But

I would love to have that property. Yeah, certainly looks like a very great opportunity for us to get reclaim water from that area. So, we'll still continue to um reach out and then we'll hopefully by the next board meeting, we'll have an answer for you.

Okay. All right. So, this is a public hearing item. Um does anyone who in the public who wants to speak to this item?

Is there anyone online?

No, ma'am.

Um any more questions? So this is your

the way this was designed was we wanted they wanted to do a a hearing on both sides of the county. So this is the first acceptance of public comment. It'll be advertised for your Dade City meeting.

Yeah.

Okay. All right. So do we do we have to vote on it or we just wait? We wait. Okay. All right. Thank you very much and um I look forward to the answers from Panelis County. Thank you.

Maybe it can tie into lowering our rates.

You have two.

And now we have um we're back to RS2, right?

No, you've got two continuences and P59.

Okay. And then we'll come back to our

Yeah.

Okay. Let's go.

P58. Uh we approved publication back in March of 2025 on March the 5th, Tampa Bay Times for the meeting of April 22nd where it was continued to May

20th and where it was continued to today.

Thank you. Uh good afternoon. Amy Tol, Planning and Development and Economic Growth. Item P-58 is a zoning amendment. It's a continuence request for the Enclave at Livingston MPUD Academy at the Lakes, Inc. It's a resoning uh request from an AR agricultural residential zoning district to MPUD master plan unit development district to allow for the development of 178 town home uh dwelling units and associated infrastructure on approximately 46.3 acres located in South Central Pasco. Uh, this is a request to continue the item to September 18th in Newport Richie.

September 18th.

16th. My birthday 16th. Sorry, I wrote that down wrong.

I can do what Carbala does. I'm not going to come in that day.

She called you out on that one.

Fired away, Mike.

Okay. Um would this was advertised as a continuance? Okay, I'll take a motion.

Move to continue time certain of September.

Second.

Okay. All in favor?

I I

P59. Thank you.

P59. And we had proof of publication back in February 5th of 2025 for the meeting of March 25th uh where it was continued to April 22nd where it was continued to May 20th where it was continued to June 17th where it was continued to today.

Is that project?

Does she have to read it? Does she have to read everything?

Mhm.

Okay. Go ahead.

Item P59. Thank you. Item P59 is a zoning amendment in the name of Little Little Little Road MPD master plan unit development. This is a resoning petition from ER Estate Residential to MPD master plan unit development to allow for 23 town homes and 32,452 ft of commercial uses and associated infrastructure on 7.83 acres located on the east side of Little Road approximately 550 ft north of the intersection of Little Road and Jasmine Boulevard. This comes with a continuence request to the September 16th Newport Richie hearing.

Take a motion.

Move to continue time certain. Second.

All in favor?

I

All right, that's it.

R something [Applause] 52. [Applause] Yeah, I'm getting mad.

Good afternoon. Carrie Roberts, purchasing director for Pasco County. Today we're here for item R52, PU25-032. Review the county administrator's decision in response to protest of solicitation number IFBKM-25-054, Shady Hills Wastewater Treatment Plant Headworks Replacement, Approve award of Solicitation Number I. of BKM-25-054 to Vogel Brothers Building Company in the amount of 33,816,226.86. There it is. All right. Thank you very much. So, our timeline for this project is that we had bids open on the 4th, I'm sorry, the 8th of April. We had four bids received. one from Archer Western Construction, one from Carr and Collier Inc., one from Pool and Kent Company of Florida, and then one from Vogle Brothers Company. On 418, we had received an inner office memo recommending from utilities, Engineering, and Contracts Management that the notice of intent to award be issued to Vogel Brothers. That document was issued on 42125. On 42825, Pool and Kent protested and we received that letter. On 5125, they were deemed eligible and were sent a letter. On 51625, the county administrator formally denied Pool and Kent's protest. On 6225, Pool and Kent requested a protest review by the board. On 65, the purchasing department requested additional clarification from Vogle regarding their trench safety details. And on 61825, Vogle brothers returned detailed responses to the safety trench questionnaires. In regards to the protest, the protest was received timely. It was on the 28th of April. It stated that Vogle should not be eligible for award due to the failure to show that the person signing the bid form was authorized to bind Vocal to contract, which we refer to as signature authority. Also, the failure to meet the Trench Safety Act requirements. Um, stating Vocal did not list all methods and units for all work as required by the state trench safety act and that it was impossible to perform job safety with the amount of trench safety funding. Vogle listed in the trench safety form in i.e. that vocal's bid should have been higher. The next point was that the county corrected Vogel's pricing. Vogal put higher amount in the bottom of its bid form and the county should have used that amount. The county's response to uh the protest was regarding signature authority. Not documenting the bidder signature authority is a technical deficiency which can be corrected. It is not considered a material deficiency which would kill the bid. We rejecting bids for sign signature authority reasons would not serve the public interest of getting the lowest price. In regards to the trench safety concerns, the state trench safety act only requires that amounts on trench safety forms be based on certain units, not that amounts be listed in those units. Also, by signing the bid form, Vogle represented that they'll comply with all trans safety standards at no extra cost. And also, there was no evidence that extra trend

safety money would have raised Vogel's bid to be close to the other bid amounts. In regards to county correcting the price, Vogle inadvertently added line items designated quote for county use only to their bid price entered on their bid form. This falsely inflated their total bid price communicated during the public bid opening. The county bid form does state that the county can fix errors in creating or adding line items in the bid form. On 6225, pool and Kent requested county administrators protest denial be reviewed by the board. And finally, our recommendation is to uphold the decision by the county administrator to deny the protest by pool and Kent under section 2-124G2 of the purchasing ordinance and award the contract to Vogel. Both biders are here and would like to speak. Okay. Um well, who goes first?

Ping.

Okay. Pulling.

Sorry for your long

Yeah, it was a long one.

My name is David Bish. of the pool and king company and uh I'll be be joined by our legal counsel Steuart Sackwell online. I have some documents I'd like to share.

Uh move to receive file. Second.

All in favor? I

I can I be heard? This is Sacka. Can you all hear me?

Yes, sir.

Who is that?

That's our legal counsel join.

Um, who's doing the who's doing the speaking?

Uh, Steuart is Steuart.

Okay. How does that work?

Yes.

Okay.

First of all, I'd like to uh thank the commission for uh extending the accommodation. I'm uh not able to travel right now and so I appreciate the opportunity to uh present this um live online. Um the um doc one of the um documents that uh you all should have received is a letter dated June 2nd, 2025 um that um responds to um the uh the decision by the uh county administrator. I just wanted to walk you through those issues. There is a PowerPoint presentation as well. Um, are you all able to see that?

Yes.

Okay. So the um under under Florida law um the uh county or or municipality the the the public owner um has has generally has discretion uh when awarding a contract. However, there are certain um uh items that where there there isn't uh discretion. they have to strictly follow their own rules. Um and generally um if you look at um page four of the letter, you'll see that um the the list of items where uh you know a provision in a contract is considered to be material. uh are items. Um in this case, um the the ones that are applicable are uh if the bidder fails to convey a clear intent to be bound, meaning is there a way he can get out of the contract even though he's submitted a bid and he submitted a bid bond. Second is if there are mandatory requirements in the instruction to biders once there if it's mandatory you can't then turn the the owner can't turn around and say oh it's not material the the law generally is if you make something mandatory it's material and then the last um uh category are statutory requirements And so in this case, we have one of each of those. Um the the first one uh I'd like to point you to is the um parent safety act. If you could go back to the first slide, please. I'm sorry. Um if you can click on it, it should be able to uh make them um enlarge so you can read it better. If you just click it once, please. We we can read it very well. We have Okay, that's

Oh, okay. There you go.

Even bigger. So the uh uh Florida uh Trench Safety Act um comes came the uh contents of it were initially created by the federal government under OSHA to protect uh workers from um you know being injured or or killed because of um cave-ins in in um in trenches. Um, subsequently in the early 1990s, the uh Florida legislature adopted uh this statute which basically took the requirements of the OSHA regulations and turned them into uh state law. Um and in this case um it said the the key provisions are in in section 55363. It says the contract bid submitted by the contractor shall include means it's m makes it mandatory you know separate items identifying the cost of compliance and then the second part and then in in section 55364 it specifically says that the the separate items identifying the the cost of compliance shall be based on the linear feat of the trenches. Uh if you go to the next slide please. So um in this if Ben then if you can blow it up uh hit the button so it it enlarges it again. All right. So this is then is is this is the form that was prepared by Pasco County that the contractor had to sign and it says that the bidder acknowledges that included in the various items uh or you know to comply with the trip safety act and they they include $500. And then again, if you'll see at the the bottom there, it says it is a mandatory requirement that the disclosure statement be submitted with the bid. You go to the next page, please. You can uh again uh click. So then this provision this is the ne this is the form that they have to to sign and it says that the the bidder has to um the following it says that the following excavation measures and the linear feet of trench excavated under they have to specify the linear feet in the form and it says these units um and and the prices are have to be disclosed and it says the important part here it says purpose for the purpose of compliance with the affformentioned act. In other words, if you can go to the next page please. So you see this is the form that they had to to then fill out and under it the I have varos on the left and pull and cancel on the right. And what you'll see is um in the units uh they put one uh Vogle did and then their unit of measure is LS which stands for lump sum whereas pooling can't put in 500 and LF which is linear feet for one item and sheeting is another form and it's 100. That's what the statute requires. And the reason that they require it is because uh contractors were not thinking about trench safety and people were being injured and and dying from, you know, because they weren't taking adequate safety measures. This is a required provision and they chose for whatever

reason not to bother to fill out the form as it's required. And it's a nonwavable thing because it's a a statute and it's done to protect the life and safety of the workers. And if if you look at the um administrator's decision, he says, well, it's not that big of a deal because he looked at it and said it's not a whole lot of money, but this isn't about money. This is about protecting people's lives. and and the state legislature has said that this is a mandatory thing. Every contractor who's doing any trench work on any job if the trenches are more than 5 ft deep must fill out this form. And if you don't, you're not entitled to the job at least for public ones. Um if you go to the next slide please you'll see that these were the other two biders you'll see so basically three out of the four were able to follow what they were supposed to do and only Google was un was unable to do it and the way the law is is they're non if you can't if you don't fill out that form which is mandatory you don't fill out properly you're you're uh not a non-responsive bidder. Go to the next slide please. And then to understand why the they that they put in sloping this is uh a a layout of part of the the project. If you could uh click button please sort of expand. See the there is a where the yellow highlighting is that is a 42 in uh pipe that is to be installed on the project. Uh and that that section there is about 30 ft uh or so in length. your your time is is wrapping up so you might want to speak a little faster.

Okay. In next slide, please. Uh if you can blow that up, please look at one more. You'll see this now shows that that pipe has to go under these duct banks. And you can see the highlight that it's 16 ft deep. The only way to install that pipe 16 ft deep is to use sheeting. You can't do it by sloping. And and so they uh they clearly didn't follow the the instructions. There's no way you can put in that pipe by just sloping it, which is what they said. and therefore their bid is nonresponsive and they're not entitled to the the project. You can move on to the next slide.

That was your time, sir.

Yeah, that was I gave you another 40 seconds. So,

um I'm sorry, but that was your 10 minutes

and ask that you just read my letter then from June.

Yeah, I got it here in front of me. I I have a PowerPoint which we can present.

Okay.

Take a motion.

Need a second. Commissioner second.

Second.

All in favor? I. It's long day.

My name is Don.

Three left basically.

And you have 10 minutes as well. My name is Don Hempky. H E Mke. I'm an attorney with Carlton Fields. I live in Tampa. And with me is the vice president for Vogle Brothers, Darren Bogle. Basically, uh and we're going to shorten the portion of this and I'm going to let Mr. Bogle talk about the technical issues in so far as the trenching is concerned. But the background as you look at PowerPoint two is very clear that basically this is the fourth time that basically people from the county will have looked at this issue. They looked at it when they accepted the confirmation of price. Our price is basically $53,000 cheaper than uh than basically the competitor here. Uh and basically the the purchasing department has recommended an award to us. What I would like to point out if you look at page three of the PowerPoint, the standards become different on a situation like this because they have the burden of proof. Uh they have one of the purposes of competitive bidding of course is uh getting the cheapest price for a quality good save money county and basically it's $532,000 that would be saved. And finally as you go up the tier first began with the county administrative decision as you go up on appeal it's a narrow standard. You don't sit as a new dooo review, make your own determination. You've got to determine that the county administrator was arbitrary, capricious, or in clear violation of the law in making his decision. And he clearly did not. They've not talked much about the first claim. If we go over to page,

well, I mean, Don, I I can jump in on some of this. So I mean the first part is on the signatory authority. If you go on Sunbiz, I'm an officer of the organization. I'm an owner of the organization and I signed under perjury whether or not I was bound to be able to sign for the project. My name's on the door. I'm pretty sure I can sign for the project to be honest. Um when we get to the trench safety, um first of all, the gentleman misspoke. Um of the biders, two of us listed um lump sum as an option. Vogle and I think Archer, I can't remember who the second one was. There was two of the um vendors that use um lineal foot. Um the last significant expansion that was done at Shady we performed I'm looking at my trench safety form. Unfortunately, I don't have the original signed one anymore because that was in 2017 and we weren't doing electronic submitts yet. Um but I have what we had prepared and we turned in a um for the unit price and each of $2,000 for the trench box. There is $40,000 worth of slide rail put into the job. Um the bottom line is um safety is one of um the four key beliefs of Vogle brothers. Um since the trench safety act went into effect in the state, we've completed over 254 projects under the trench safety acts. We've had zero incidents related to trench trenching activities and zero compliance notices. Um you know if you look right now our EMR currently is sitting at 0.59. um safety is a huge importance to us and so I I really don't appreciate the uh assumption that based upon a dollar value on the um form whether or not we can uh complete the work on that sense. Um if you look at the drawing that the other gentleman pulled up the reality is that there's almost $100,000 worth of shoring that we're all going to be carrying on that. It's not a trench box. It's not sloping. That's going to be sheet piles. there's going to be some form of trench um of slide rail system as well. So, the $10,000 that they had shown on theirs wouldn't be enough to cover that either. So, the the reality is it it's covered. And if you look on our slide on sheet number, lost track on the sheets now. Um, on page seven, I believe there was no less than six other times in the ITB that I'm attesting that we're going to follow the and are bound to the laws under OSHA and under the Trent Safety Act. So, the the form just to say on the form that, you know, I didn't have we didn't have a linear foot down when in reality, you know, another several biders did lump sum. I've shown a lump sum number in the past on a project for the county that we complete completed successfully. It uh seems like we're in compliance there. Um and then I mean he didn't even get to the third point talking about the uh bid form itself, but if you wanted to go to I mean I don't even know if we really need to go over that at this point, but um if you want to go to slide

13. Yeah.

13. you know, page 13, we can start there. And in reality, it's actually before that it be slide 12 because it talks about it breaks it down. So, um BP4 specifically states that if you um look on in the IFB on BP4, it says the total bid price quoted above represents the bid for the proposal. The total bid price was what was included on line three. Line three for pulling Kent is at 31,32,200 and line three for Vogal brothers was $30,84 84,898 which is a difference of $497,000. So, at the end of the day, specifically in the IFP, um in the um proposal, it states that line three is the determining number and we're $400,000 less. So, um I I think that's really all we have at this point. I mean, if anyone wants to talk more about trench safety, I would love to do it. We have a great safety department that can go over it. Um I I just really think we pretty much don't do anything unless Don you have anything else you would like to add.

I just want to add thing about the signatory requirement. Basically uh he is sworn under penalty of perjury that he had authority to do this. That is by far and Florida case law is very clear that you can add a formal document afterwards basically when it goes to responsibility

and we have a secretary certificate that we can provide but the IFB actually stated if you're an officer of the company you do not have to provide the secretary certificate and I am an officer on Sunbiz. I'm an owner of the company, so I'm I'm sure I can sign.

Questions?

Any questions?

because

that's where it gets a little over my head and I'm not an attorney, so I have to look to my attorney.

Well, they have they have indicated that they're going to comply with the law.

Okay.

And they are not increasing the cost of their bid. um to for they're basically they're eating compliance. So I I

and we've attested that like six different times it says you're attesting you're following the church safety act

and and for the reference of other commissioners basically if you look at page eight there itemizes what they recommend that we're going to do. So yeah, I'm we've acknowledged the so in that letter that was discussed, we acknowledged the requirements of the church safety act and we certified that you know it's going to be you know all works going to follow in that manner. That was one of the questions that was asked in that um letter that p the purchasing department mentioned

madam chair.

Yep. So in reading the other slide, it even says on air a separate item identifi identifying the cost of compliance with trench safety standards shall be based on the linear foot trench to be excavated. It seems like that would be the way this was put in for a linear foot would be acceptable. Mr. Attorney

we advi we advised the administrator on the protest. So yeah,

I mean I'm not going to I'm not going to counterman the the advice that my assistants have given. I I think that I think that you are fine upholding the the administrators

the not to interrupt.

Are we done with the presentation?

I think so. Yeah.

Now yeah.

Yeah.

Yeah. Thank you.

All right.

I didn't see the red light go off, but I'm sure

we started asking

but we started asking questions.

Okay. So, we're to the board

hearing from my county attorney. He's comfortable with it from the staff, etc. I'm comfortable with it. I'll move approval of staff's recommendation.

I'll second it.

More discussion. Okay. All in favor?

I Okay, we're done. No. Uh, we're on to the county administrator.

I have nothing.

Uh, then it's one of these two. You

I have nothing.

We have nothing.

We're done. friend set her here leading the way.