Archived Agendas

Wednesday, January 27, 1999
County Center, 2nd Floor

Recap of Wednesday, January 20, 1999, BOCC Meeting

At the beginning of the meeting, Fire Chief Bill Nesmith introduced 12 firefighters from Belgium being hosted by Hillsborough County Fire Rescue, from January 18-28,1999. They are here to view fire and EMS operations in our county.

Consent Section:

The consent agenda, containing 80 items, was presented to the Board for consideration. Two items were removed from consent by Board members for questions or discussion. All of the consent items were approved as recommended by staff, with exception of the following:

I-A-2c Staff requested a deferral until February 3 on the easement agreement for the Falkenburg Road Extension Project.

I-A-2i Staff requested deletion of the one-year lease with USS Forrestal Sea, Air, Space Museum, Inc. for the former Clerk's warehouse located at 101 No. 12th St., as the museum has located other space.

I-C-12 Staff requested deletion of the 1st modification to agreement with Environmental Research & Design, Inc. for professional services for the East Lake Restoration Project.

Additional follow-up is required on the following:

Miles Irmis will follow up on the need for a fax machine so that documents may be faxed to Commissioner Storms during BOCC meetings and Land Use meetings. The fax machine will be installed prior to next Tuesday's Land Use meeting.

I-A-6 The Board approved a resolution that approves the Greater Tampa Chamber of Commerce/Committee of 100's Prospect #98-143 as a qualified applicant to Florida's Qualified Target Industries Tax Refund Program. Commissioner Platt inquired as to whether lobbyist registration is required by the Chamber of Commerce when Board members are lobbied on Target Industries Tax Refund Program items. Emmy Acton will review this issue and provide a report back to the Board by January 29.

I-C-13 The public hearing for annexing new street lighting services areas, and related street lighting issues, to the Hillsborough County Consolidated Street Lighting Special Purpose District, for the 1999 tax year will be scheduled on February 17 at 2:00 p.m.

Audience Comments:

Ten individuals appeared during the Audience Comments portion of the meeting, as follows:

‚ Robert Sawallesh spoke regarding lost medical care for military retirees. Jimmie Keel was requested to meet with Mr. Sawallesh and provide a report of these discussions back to the Board. He will distribute a report back to the Board by February 1.

‚ Bob Silah, representing the U.S. Forrestal Museum, appeared to thank the BOCC for its offer of space at the 12th Street warehouse location; however, the Forrestal Museum has accepted an offer of space from another source. Commissioner Norman encouraged the Board and staff to proceed with the same time schedule of marketing the property. The County Administrator assured the Board that staff will stay on the same schedule per previous Board directive.

‚ Rev. Randy Brummitt spoke regarding an ingress/egress problem at the Brandon Assembly of God Church due to construction of medians. This matter was referred to staff for review and report back to the Board on February 3. Bernardo Garcia will explore all available funding options and alternatives for the median cuts, work with Susan Finch regarding the impact fee issue, and provide a recommendation at the February 3 BOCC meeting.

‚ William Berry spoke regarding proposed medians on Providence Road and alleged that some businesses will have to close as a result of the median construction. This matter was referred to staff for review and report back to the Board. Bernardo Garcia will review and distribute a report to Mr. Berry and the BOCC by February 1.

‚ Hannah Head spoke regarding the Hunger Task Force and those individuals who benefit as a result of assistance.

‚ Don Gore spoke regarding the tax for the Tampa Stadium.

‚ Scott Calcaterra spoke regarding crime and drugs in the area near his residence on Albany Street. Since this area is located in the City of Tampa limits, it was suggested that he contact his City Councilman or Councilman Bob Buckhorn for assistance in this matter. Following his appearance, staff provided Mr. Calcaterra with phone numbers for his City Council district and contacted the City Council on his behalf.

‚ Mark Klutho spoke regarding the Forrestal Museum, desalination, and sustainable buildings.

‚ Marilyn Smith spoke regarding the Forrestal Museum, selling the 12th Street warehouse property, and the ninth cent gas tax.

‚ Floyd Irwin spoke regarding religious issues.

‚ Fred Williams spoke regarding the fire arms ordinance recently adopted by the BOCC and the waiting period required by private individuals who sell fire arms to other private individuals. Commissioner Platt suggested that the County Attorney's Office review the ordinance for any unintended circumstances, such as extending the waiting period, and refer them to the Sheriff's Office. Emmy Acton will contact this individual and report back to the Board by February 1.

Public Hearings:

III-1 The Board held a public hearing to consider an ordinance providing for the continuation of the one cent tax on motor fuel for the period October 2000 through December 2010. Following public comments and BOCC discussion, a motion was made to adopt the ordinance with amendments; however, the motion failed by a vote of 4-3. Adoption of the ordinance required an extraordinary vote (five affirmative votes). A motion to extend the tax through the year 2001 also failed. The County Attorney advised that the tax must be enacted before July 1, 1999 to prevent a gap in collection. The County Administrator was directed to bring this issue back at a future Board meeting.

Scheduled Appearances:

IV-1 The Board approved a request by Grace E. Dunlap, regarding adopting resolution authorizing the issuance of $18,000,000 Hillsborough County Educational Facilities Authority Revenue Bonds (The University of Tampa Project) Series 1999.

IV-2 Wit Ostrenko, President of MOSI, appeared to request the ability to use funding (approximately $1.5 million) for the balance of the MOSI pedestrian bridge project. The Board passed a motion to support the request for funding, which is in the second round of CIT funding in the year 2003, and authorized the Chairman to send a letter to the School Board and the University of South Florida requesting their participation in a three-way funding partnership. Pat Bean will prepare an appropriate letter for the Chairman's signature.

IV-3 Leslie A. Miller, Chairperson of Head Start Policy Council, presented their quarterly re-port of activities. The Board complimented members of the policy council, Richard Tribunella, and Donna Glausser for a well-run program.

Regular Agenda:

V-C-1 The Board upheld the decision of the Building Board of Adjustment, Appeals and Examiners (BBAAE) in the case of Loraine Garcia vs. Robert B. Alvarez, d/b/a Alvarez Roofing.

V-C-2 The Board authorized the change in the purpose of Local Law Enforcement Block Grant funds to purchase computer network infrastructure equipment for the Sheriff's Office.

V-D-1 Deputy County Administrator Pat Bean presented staff recommendations on Local Bill #4, amending Chapter 98-499, Laws of Florida (lien bill). Also outside counsel, Harry Stewart, advised that the County Commissioners, County Attorney, and County Administrator do not have a conflict of interest that would prevent them from working with, handling, commenting on, proposing, or adopting an ordinance dealing with the hospital lien law. The Board also expressed concern about the amendment proposed by Senator Lee to establish July 1999 as a sunset date if a hospital lien ordinance was adopted by the BOCC. Following the Board's discussion, a motion was approved to recommend that the law be amended to provide the County Commission the authority to decide the following items:

1) who would be eligible to receive compensation from settlements pursuant to lien action;
2) what formula would be used to decide upon the distribution of the funds;
3) related to compensation, what caps or limiting provisions should exist in addition to the 25% cap on attorney's fees; and
4) should compensation through the lien ordinance be considered an exclusive remedy.

It was also agreed that one or more local hearings on the ordinance was necessary. This item is to be brought back to the Board on February 3 for discussion and vote. Pat Bean will coordinate this matter.

V-D-2 Deputy County Administrator Pat Bean presented a report on bills discussed by the Legislative Delegation on Saturday, January 16. No action was taken.

Commissioner Platt suggested that the County's legislative program be prepared earlier and an informal meeting (with a brown bag lunch) be scheduled with members of the Legislative Delegation prior to the Year 2000 legislative session. This process worked well in the past and should be planned well in advance of the legislative process. Helen Levine will coordinate this matter.

V-E-1 The Board approved and authorized the Chairman to execute agreements with attorneys listed in agenda backup, to provide legal services for indigent parents in dependency cases in Hillsborough County.

V-E-2a The Board directed the County Attorney's Office to draft, advertise and set a public hearing for February 17, 1999, at 2:00 p.m. to consider adoption of an ordinance requiring that elected public officials post a bond. The proposed ordinance will require that the bonds be in the same amount as was required before the statute was amended.

Commissioners' Section:

VI-1 Commissioners presented reports regarding various boards and councils on which they serve, as follows:

‚ Commissioner Norman indicated that he had spoken to Commissioner Storms regarding her participation in meetings of Tampa Bay Water and was advised that she would be able to participate by phone in the meetings.

‚ Commissioner Hart presented Board members with copies of the annual report of the Tampa Bay Regional Planning Council.

‚ Commissioner Frank reported that Tampa Bay Water has arranged a tour of the proposed water projects on Friday. Next week, Tampa Bay Water will discuss the issue of desalination.

Commissioner Frank also reported on the Hillsborough River local planning board meeting wherein concern was expressed by Board members concerning the withdrawal permit at Crystal Springs. A historian presented a map of the river, which was authenticized in the 1800s which shows that the river was navigable at that time. She is concerned that EPC did not take the matter seriously.

‚ Commissioner Wacksman reported on his appointment to the Regional Work Force Development Board which meets on Wednesdays in conflict with the BOCC meetings. He recommended the appointment of John Dausman to this board. Chairman Platt suggested that Commissioner Wacksman schedule an item on the next Agenda to resolve this issue. John Dausman will assist Commissioner Wacksman in bringing this matter back to the Board on February 3.

VI-2 Appointments were confirmed to various boards and councils.

VI-3 Correspondence received by the Board.

a. The County Attorney requested a deferral until February 3 on the correspondence from James Verplanck, Chairman, Polk County Joint Airport Zoning Board (JAZB), appealing for Hillsborough County's support in requesting an Attorney General Opinion regarding the extent of jurisdiction of the (JAZB) in Hillsborough County.

b. The Board received correspondence from Vivian Zaricki, Florida Association of Counties Executive Director, with attached check in the amount of $11,806. for issuance cost rebates in the FAC Pooled Commercial Paper Loan Program. No action was required.

c. The Board received correspondence from F. Dennis Alvarez, Chief Judge, asking for support of the 13th Judicial Circuit's Judicial Certification Request for two additional circuit judges and one additional county judge. A letter of support under the Chairman's signature was authorized to be sent to the Chief Justice and Senator John Grant. Helen Levine will prepare a letter for the Chairman's signature.

d. The Board received and took no position on the correspondence from Mr. Thomas Reese advising of complaint concerning Geraci Upland Wildlife Habitat Exemption adopted on December 16, 1998.

Staff Reports:


Additional Item:

Commissioner Hart presented an update on the brief filed with the Court regarding the suit filed to get copies of the leases for luxury suites at Raymond James Stadium. He reported that the Judge agreed to expedite the case and thus, a court date was set for February 5 at 8:30 a.m.

Respectfully submitted,

Daniel A. Kleman
County Administrator

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