Archived Agendas

Tuesday, October 26, 1999
County Center, 2nd Floor

Recap of Wednesday, October 20, 1999, BOCC Meeting


DATE: October 26, 1999

TO: Board of County Commissioners

FROM: Daniel A. Kleman, County Administrator

SUBJECT: Recap of October 20, 1999, BOCC Meeting

The following recap contains actions and assignments for the October 20, 1999, BOCC Agenda, which took place in meetings held on October 20, October 21, and October 26.


Items A-1 through A-74 were approved as recommended by staff, with exception of the following:

A-40 Staff requested deletion of the item relating to Linebaugh Avenue Roadway Improvements (Plantation Boulevard to Dale Mabry Highway).

Items that require additional follow-up are as follows:

A-2 The Board concurred with staff's recommendation to defer the continuation of September 8, 1999 Impact Fee Workshop regarding Park, School, and Fire Impact Fees until staff meets with representatives of the Builders Association and hear their concerns. Lucia Garsys will be responsible for identifying an appropriate time for this item to be rescheduled.

Audience Comments:

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

- Betsy Hicka and Lorraine Swindel spoke in favor of the proposal in Agenda item B-3 to authorize the use of phosphate severance taxes to acquire the Valrico Treatment Plant property.

- Bob Wooten spoke regarding Tampa Bay Water issues.

- Cam Oberting spoke regarding water lines in the area of Hillsborough Heights Landfill and reports conducted previously on wells in that area.

- Maria and William Kivimaki spoke regarding Agenda item A-53 for payment of three claims for an alleged main switch at a lift station that was tripped on 10/5/99 causing the sewer to backup into two businesses. Mr. and Mrs. Kivimaki were in favor of the settlement of the claims; however, expressed concern about whether Water Department guidelines were in place with regard to evacuation under disaster conditions. Tony Shoemaker will work with the Water Department, Emergency Operations Center and Insurance & Claims Department to insure a SOP is in place, and that we don't have conflicting policies between departments. Tony Shoemaker will provide a response to the County Administrator by November 30.

- Sebestian Martinez spoke regarding a speeding problem on Armenia Avenue near I-275. He inquired as to whether the speed limit could be lowered. Pat Bean met with Mr. Martinez following his appearance and will follow through with the City of Tampa, since this area is located within the city limits of Tampa.

- Mark Klutho spoke regarding sustainable buildings.

- Marilyn Smith spoke regarding the evaluation of the County Administrator.


B-1 Staff of the Aging Services made a presentation of department functions. Helen Levine will follow through on Commissioner Norman's comments relative to having a telephone-on-hold recording of services available to seniors. This will be added to the recording soon to be released by the Communications Department. Helen Levine will provide a report to the County Administrator by November 15 on the status of this item.

B-2 Staff requested a deferral until Novemer 3 for consideration of proposed changes to the Capital Improvement Budget and Five-Year Program Policy (BOCC Policy Number

B-3 The Board authorized the use of phosphate severance taxes to acquire the Valrico Treatment Plant Property or as part of the funding with no further action to purchase the property until an appraisal can be obtained and until maintenance and other operational costs can be determined. Eric Johnson will continue to work on a financing plan and will submit to the Board on December 3, 1999.

B-4 The Board approved the payment of $284,697 for annual membership dues to the Tampa Bay Regional Planning Council for fiscal year beginning October 1, 1999 and ending September 30, 2000. An associated budget amendment was approved for a transfer an additional $4,078 from the Reserve for Contingency - Countywide General Fund (Operating Fund) to increase the budgeted allocation for the higher membership.

B-5 The Board approved staff recommendation to alter the mini grant program as follows: 1: The "Projects for Consideration" be expanded to include projects which implement the Hillsborough County's Millennium Committee slogan "Reflections of the Past, Vision for the Future." Neighborhoods will be encouraged to propose projects which highlight the history of the community or chart a vision for their future. 2) A section entitled "Projects Eligible for Funding" be added to application packet which will state the Board's purpose for the money namely to: a) Strengthen neighborhood associates and b) strengthen the communities which they serve. Applications should have evidence of this "strengthening" in both the application and implementation phases of the proposed programs/projects. 3) Approve project time-line for FY 2000.

B-6 Due to time constraints, the Board continued until November 3, the adoption of five additional statements to the 2000 State Legislative Program: Eliminate conflict between federal Americans with Disabilities Act and Florida Statutes; Seek changes in State law to reduce share of County funding required for child care licensure; Support legislation which permits regional mitigation and fee in lieu of mitigation for projects with wetlands impacts; Support change in State law governing Emergency Shelters and the identification of public shelter space; Seek changes in State law which governs zoning of "adult use."

B-7 Due to time constraints, the Board continued until November 3, staff's report regarding privatization of night time security services.

B-8 Due to time constraints, the Board continued until November 3, the acceptance of County Audit Report No. 81, Fire Rescue Department Cash Collection and Petty Cash, into official Board records.


C-1 The Board held a public hearing to consider amendments to Ordinance 99-1 to exempt sworn law enforcement officers from the three-day waiting period and to exempt law enforcement gun buy-back programs from the provisions of the ordinance. The public hearing was continued until November 3, at 2:00 pm, to allow an opportunity for Sheriff Henderson to provide input. The County Attorney will be responsible for rescheduling this item on November 3.

C-2 The Board adopted an Ordinance amending Hillsborough County Ordinance 98-54, pertaining to the Code Enforcement Board and Special Master.


D-1 Shirley Ryals, Hillsborough Community 2000 Millennium Committee, presented a funding request in the amount of $50,000 for a fire works display on New Years Eve (December 31, 1999). The same request will be made by the Millennium Committee to the City of Tampa. The Board authorized the request for funding up to $50,000 to be matched by the City of Tampa's contribution. The Board, by supermajority vote, approved a budget amendemnt to authorize funds to be taken from the Countywide General Contingency Fund. Eric Johnson will be responsible for preparation of the documentation/funding agreement to accomplish the Board's approval.

D-2 A representative of the Head Start/Early Head Start Policy Council presented the Policy Council/Fourth Quarter Report. The Board received the written report.

As an adjunct to this item, Commissioner Storms inquired about Project HOPE VI and suggested that a report from staff be scheduled in the near future. The County Administrator agreed to provide a comprehensive report at the next BOCC meeting. Helen Levine will invite members of the Congressional Delegation (and/or their staff), representatives of the City of Tampa, and members of the Housing Authority to attend, if possible. Kevin McConnell will be responsible for scheduling this report on the November 3 Agenda.

D-3 Tom Morrison, Counsel for the Hillsborough County Industrial Development Authority, presented an application for $100 million tax-exempt bond financing from National Gypsum Company. Several items relating to the application were discussed extensively. National Gypsum agreed to work with the County on the issue of reclaimed water. Subsequently, the Board continued its discussion until October 21, just prior to Thursday's EPC meeting. On October 21, the Board approved the application, subject to the five financial conditions and accepted the bond documents, as recommended by staff, and agreed to work towards having the reclaimed water capability in place within a two-year period. Also, the Board approved, as part of the motion, not to ask Tampa Bay Water to pump greater than the County's 24.1 MGD limitation in the permit for a two-year period.

D-4 Maureen S. Kelly, Executive Director, West Central Florida Area Agency on Aging, Inc. made a presentation on "Florida's Policy for Aging: The Impact on Hillsborough County." No action was required.


E-1 Due to time constraints, the Board continued until November 3, the discussion by Commissioners regarding various authorities and councils on which they serve.

E-2 Appointments were made to various boards and councils. The issue of a possible conflict of interest for an appointee to the HARTline Board was discussed. On October 21, Mary Helen Campbell provided a legal opinion on this issue.

E-3 On October 21 and 26, the Board discussed correspondence received from Senator Hargrett regarding options on the future of the Hillsborough County Public Transportation Commission. During the Board's discussion of this item on October 26, option no. 2, with amendments, was approved. Option 2 proposes a draft bill to dissolve the PTC as a special district and transfers assets and liabilities to Hillsborough County on the effective date of an ordinance adopted by the BOCC pertaining to creating a successor transportation commission to serve the same functions as the current PTC. Amendments included the function becoming fee-based with five years and support for free market values to the fullest extent possible, encouraging competition.

E- 4 The Board continued the discussion of the October 6 off-the-agenda item regarding correspondence from Senator Lee on performance audits. The Board authorized the Chairman to sign a letter on the four questions raised by the Performance Audit Ad Hoc Committee. Vice Chairman Chris Hart appeared before the Committee on the morning of October 20 to present the Board's response.

E-5 During the October 26 Land Use Meeting, Commissioner Hart led a discussion of the rescheduling the November 17, 1999 BOCC regular meeting in order to avoid conflict with the Florida Association of Counties Annual Legislative Conference being held November 17-19, 1999. The Board approved the rescheduling of the November 17 meeting to Tuesday, November 16, at 9:00 a.m. Pursuant to Board members' comments, the November 16 BOCC Agenda will be adjusted to take primarily informational items until approximately 10:30 a.m., when all seven BOCC members will be available. Lelia Blevins will be responsible for adjusting the Agenda accordingly. Also, Mike Foerster will follow through to make sure the change in meeting times is well publicized.

E-6 During the October 26 Land Use Meeting, Commissioner Hart led a discussion regarding the memorandum from Mary Helen Campbell concerning appointments to and meetings of the Charter Review Board. Commissioner Hart encouraged Board members to expedite the appointment process so the Charter Review Board can complete its review by June, 2000; thereby, presenting any proposed changes to the Charter for the General Election Ballot. The County Administrator was requested to provide necessary information so that appointments to the Charter Review Board can be made on December 1. Pat Bean will be responsible for providing this information to the Board for its December 1 BOCC meeting.

E-7 Due to time constraints, the Board continued until November 3, discussion regarding memorandum from Bob Hunter of the Planning Commission concerning Hillsborough County's Unfunded Needs List. Lelia Blevins will be responsible for rescheduling this item on November 3.

E-8 The Board conducted an annual evaluation of the County Administrator. The Board approved the salary adjustments as outlined in Chairman Platt's memorandum to the Board. Additionally, the Board passed a motion to schedule two retreats. The first retreat is to involve a review of the process to be used to evaluate the County Administrator in the future, with an outside resource assisting in that discussion. The second retreat is to be scheduled to discuss establishment of BOCC goals. Pat Bean will be responsible for follow through on scheduling and coordinating these sessions.

E-9 Commissioner Storms brought to the attention of the Board a citizen hardship regarding the requirement for public sewer and water connections in the Urban Service Area. Prior to adoption of the Land Development Code, requests of this nature were handled as a request for waiver. The Board is scheduled to discuss text amendments to the Land Development Code on November 4. The Board directed, by motion, that PGM staff identify similar cases during the upcoming Land Development Code public hearing. Sue Adams will be responsible for follow through on this item.

E-10 Commissioner Platt led a discussion regarding adult use zoning at Fowler and Nebraska Avenues. Assistant County Attorney Ray Allen reported that the County Attorney's Office is in the process of filing the lawsuit on this issue. The School Board will also be a party. Ray Allen assured the Board that all steps are being taken to insure that there are no ancillary damages to the City of Tampa's Adult Use Ordinance as a result of the County's lawsuit.

E-11 The Board received correspondence from the National Conference for Community and Justice regarding participation in overnight retreats named in honor of Dr. Jerry Harvey. The Board authorized the Chairman to sign the proposed letter. Charlotte Emrick will send out the letter prior to the deadline of October 25.


F-1 On Thursday, October 21, the County Administrator presented a brief report on the Committee of 99. The Committee of 99 will be presenting its final report to the Board on November 10.

Note: A workshop was held after the regular BOCC meeting regarding the impact of additional Homestead Exemption for seniors. A separate recap will be prepared on the workshop.

Respectfully submitted,

Daniel A. Kleman
County Administrator


cc: Executive Team
County Attorney
Department and Division Directors
Sue Parrish
Charlotte Emrick

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