An Ordinance Creating the Gulf Harbors Neighborhood Park Municipal Service Benefit Unit; Providing for Boundaries; Providing for Levy of Non-Ad Valorem Special Assessments; Providing for the Municipal Services to be Funded; Providing for Severability and an Effective Date – No Funding Required

21:03Item P sixty four was published in the Tampa Times on February sixth, twenty twenty two.

21:08Madam Chair, members of the board, good afternoon. Keith Wiley, Director of Parks, Recreation and Natural Resources. Back in 2016, the BCC approved the purchase of a 50-acre uh piece of property in in Gulf Harbors to make it a neighborhood park. Um in addition to that there was an MSBU that was approved by the Board 16-25 with the intent to to fund that operation. In front of you today. At the recommendation of the county attorney's office is uh an ordinance that would

21:38be repealing sixteen dash two five And just some highlights on the changes effectively. The new ordinance states clearly that the MSBU um shall share the purchase price. Uh is limited to six hundred thousand dollars. Interest will accrue at a rate of three point two five percent with the first assessment. Residents may choose to pay the capital costs up front to avoid any interest and reduce their annual assessment. Um this is is important to note that the sub the approval of this MSBU is not subject to a vote by residents.

22:09And it also clearly states that the MSBU will not be charged for the cost of managing nor maintaining the ELAMP conservation area. I'm here with uh County Attorney Nikki Spiritus if you have any questions.

22:21Okay. Um Well. I I I'm almost speechless here. Vicky, do you wanna come speak?

22:31Yeah. Uh And then we'll open it up to the public.

22:37Good afternoon, Nikki Spearto, County Attorney's Office. We recommend approval.

22:43All right. Thank you very much. Thank you for all your hard work. But we'll we'll s we'll talk about that after it passes. Um would anyone here do we have people signed

22:53up to speak to this? We have three people who have signed up. And I'll um call them in order of what of how they signed up. We have Skip Geiger. We have Arthur Haydike. Hedekee. Hadekee's. Is he here? And then we have um Diane Kobernick.

23:11Hidden hidden behind the

23:12chair. Those are the ones that had signed up. Okay.

23:18Name and address. Commissioners, my name is Skip Geiger and I live at [address removed]. And I'm here today to speak about P sixty four on the agenda. Last month I stood before you commissioners and asked you to support with a five nothing vote. the takeover of the Lindric Water and Sewer um from Fugwe. This was an important project to our beloved community and I thank you for that vote last month. Today I stand before

23:48you again, and ask you to allow our community to have the same thing that every new Pasco County community gets. uh which is required now from the start. A private community park where residents can walk, talk, play in a safe environment and not have to be on the streets. A group of residents that started down this road more than seven years ago. trying to bring this to fruition with a derelict golf course. This

24:18has been quite an ordeal. We have been held hostage four years by a lawsuit while working out details that would protect our community from liability and supporting the county's wishes. Recently, a Gulf Harbors focus group met with county staff members and, of course, our county attorneys. to create this new MSBU document that accomplishes that goal and that residents and county staff could get behind and support. I ask you

24:48today for that same five-zero vote for this. To approve the MSB ordinance and then also to vote to stand up the resident advisory committee after that vote. so that we will be able to oversee the creation, operation, and maintenance of this important community park. Thank you.

25:12Thank you.

25:15I think it's Mr. Hadekee next, right? Yes, that is correct. Okay. Couldn't see behind the chair.

25:23Let me get this down to my height here.

25:27Skip and I are you know like Mutt and Jeff. But uh anyway, uh my name is Arthur Hadekey, uh I'm a a fourteen year resident of Gulf Harbors. Uh live at [address removed] and I was past president of the Gulf Harbor Civic Association. Yeah As uh Skip had pointed out, about seven years ago a small group of us uh began efforts to create a park from the defunct Gulf Harbor's golf course. Uh that was in twenty fifteen. And a vast majority of the Gulf Harbor's

25:57residents have agreed with the park concept. Uh our problem, uh, almost from the get-go was how do we pay for it? Yeah Uh fortunately for Gulf Harbors, uh the county, and and and this is the county commission, uh had the foresight and and saved this project by purchasing the property uh from the owners using ELAMP funds. Yeah. Your actions uh gave us the Gulf Harbor's residents uh time to formalize agreeable plans for funding one half of the purchase price. and provided

26:28ongoing funding for maintenance and uh park improvements. Well Gulf Harbor's residents seem to have finally come to a consensus on a format for an MSBU uh to fund these park operations. And uh this MSBU uh hopefully is a an item that can work for everybody. Uh it's been a long haul for this project. Uh and it's really time for us to make it happen. Uh we respectfully ask the commissioners to vote yes. for finalizing our park efforts. This is in

26:58fact the final development piece for Pasco's premier waterfront community. and will provide a a tremendous asset for Gulf Harbors. Uh we thank you for all your past efforts on this prop project and uh we sure hope for a positive vote. Thank you.

27:13Thank you. And now I think we have uh Diane Cobernic. Diane Cobernic. Well

27:17Sure, I'm speaking to it.

27:19Okay. Yeah. All right. Before me.

27:23Oh, before you. Yes, yes. Not before her, before. Before. I heard four.

27:30Barbara Willheights at my personal address of [address removed]. I'm proud to live there and proud to be part of this community. Um We stand before you the county has taken the big step to purchase the golf course property and it's now owned by the county and we thank you for doing that for our community. We had no ability to do that on our own. We only have a voluntary community association. We don't have a homeowner's association. We have no way to to to get together and purchase this property and take it away

28:01from private ownership and the potential for development, which is what I do. So thank you for that. We stand before you now with the assessment to bring forward the vision for a park. and bring it forward. But as we do that looking forward, I think it is important to look back. And a lot of the delay in getting to this point was the necessary cleanup of the golf course, which the sellers paid for. And I want to point out that it was Ms. Kobernick that pointed these things out on behalf of

28:31our community, that to protect our community. So when somebody stands up and says we were held hostage, I don't agree with that. I think the process moved forward. I think we are where we are today. And what I was able to do with the community, and I was part of that focus group, was to listen to the valid concerns that Ms. Cobernick had brought up. years and years of research, factual items, and I was able to say Let's address these things in the documents that come before you today. So we've worked for months

29:01as a group in combing through the MSBU ordinance and the advisory committee resolution to bring forward changes that would protect our community. And I did that side by side with Ms. Cobernick and our community. And we're proud to be here today. We're proud that you're gonna help us move this property forward. That's a gem. That is a gem. Our community is a gem. And we thank you for your leadership and your support. And uh we can't see what the future brings can't wait to see what the future brings for our community. Thank you.

29:31Wait, Barbara, you just can't leave without me thanking you. So Barbara gave up many Wednesday nights. Um this group came together. uh and met r repeatedly and um I just can't thank you enough how you moved this this process forward. Um we had many, many phone calls between Barbara and me and Keith. And Nikki Um working through all the issues that were brought forward from Barbara through

30:02her and her group. And um I think You know you just Did your community proud? And um just I just can't thank you enough for what you did. So

30:13thank you.

30:15Oh my goodness.

30:21Um I would like to present these before we motion receive and file.

30:25Second.

30:26All in favor? Aye.

30:30I don't know. Yeah, come on to that. Ooh, that's hard to follow. Thank you, Barbie.

30:37Oh one more.

30:45And there are something six hundred thousand dollars.

30:52Yeah.

30:52Okay. So my name is Diane Cobernic. I live at [address removed]. Um

31:00Commissioner Yeah. This MSBU being proposed is a big improvement from the original MSBU that was passed in twenty sixteen, which was challenged in court. My objection to the original MSBU were the cost and what kind of control Mm-hmm. We would have over it. It appeared to me to be giving the county an open checkbook. There was seven hundred and eleven tons of contaminated soil to remove to bring the

31:30level down to the FDEP defined as use for a passive park. We are pleased that this new MSBU will not be charging us for the cost. That would have been included in the original one. The new provision for an advisory committee drawn only from Gulf Harbors is a good step. to allowing the community to have more control over f what we are paying for. Although much improved, there are still a couple of open items. We are paying for half the purchase price and being granted

32:00some control over half the property. We will also be charged for the maintenance for that half. But which half? There have been several boundaries, seven different boundaries drawn in the past. That history is included in your binders. But as of today, there is still no official survey showing which half we'll be able to use, or even if we are truly getting half. We don't know what we can do with our portion until we know exactly what we're getting. And finally, this MSBU

32:30has no value if it is not enforceable. The language of the MSBU itself allows it to be modified. And if the county can cancel the original MSBU to pass this one, What is it preventing the future board from just canceling this one, too? The county now owns it and will continue to own the entire property and can decide on how to use it. This MSBU does not change that fact. Hypothetically, some future board may decide to

33:00develop and sell to the developer. Then all this work spent trying to safeguard. the future would have been done for nothing. It would Even though the MSV MSVU calls for a restrictive covenant to be recorded, this is being done unilaterally by the county and in my opinion, what the county giveth, the county can take it away. However, there is a solution to this. which is to enshrine this MSBU as part of a settlement in

33:31this current lawsuit. which will then bind the county the county to honor these provisions in the future and take away the temptation For future board to change them. So I urge the board to table this for now. And let's plug these holes so the community can get what it's paying for. Thank you very much for your attention.

33:58Thank you. Uh is there anyone else here who wish to speak to the MSBU? Um why don't you go ahead and line up? up? If you want to come up up after this gentleman.

34:11Hi, I'm Ken Dabbs. My address is [address removed]. I've been there 20 years. Yeah. I'm a little concerned with the legal notice for this this matter. Legal notice in the Tampa Bay Times dated february sixth.

34:32for for the intent to create this MSBU. states the information concerning this matter is on file at www.pascocounty.com. F L dot net. So I went there. It was not there. Now we've had this discussion with me several times about When I get a hold of different people in the county, nobody ever responds. So I thought

35:02I'd do it the easy way and just put in a public request. So I put in a public request on February eleventh, giving them time to maybe they didn't get it in by the sixth. I don't know. So I filed a public request on February eleventh. I received the following response from Desiree Wagner. Uh the proposed MSBU will be ready and available next week.

35:30So you said in your legal notice it was already there. And gee, you know what? I finally got it on February seventeenth at two forty six. P Mm.

35:49If we're gonna put legal notices out there, I just one thing I wish this commissioner this board would do. Yeah. Shh. Mean what you say. and then do what you say.

36:04Because now I've I I've had two business days To go through all the paperwork involved in this MSBU and try to determine whether I'm for it or against it. That's just not right. Just do what you say. Thank you.

36:23Uh does anyone else wish to speak?

36:29Uh yeah, I wasn't originally planning on speaking, but I I think I'd just kind of like to do a quick summary. Uh Mitchell Kobernick, [address removed]. Um I kind of agree with everybody. had to say. I agree with the people that were that we're uh saying this is gonna be a great project for the community. I think it is too. I think it's it's it's about time that we develop that golf course, put something on it that the community can use, and I'm very much in favor of that. But I also agree with what Diane Kobernick said. It needs to be done right. It needs to be done properly. A lot

37:00of time has gone by trying to develop this MSBU so that it will protect the community, give the community a buy-in to what can be done on that on that park. and and what the cost will be and give the community some control over the future of it. I think that's necessary. Um the way this current MSBU is drafted, as most MSBUs are, they can be changed. They could be repealed by a future board. Um and if if that should happen two, five years down the road, what have

37:30we accomplished? Uh we are not safeguarding the future of this of the of this gem for the community, as someone else said. if in the future some other boards if with a different makeup may decide that that's not the best thing for the community. There's nothing here that will prevent that from happening, short of having this done as part of the settlement of the current lawsuit, or then it'll be in the court system. It will be a settlement that the county will be bound to, and future boards, not yourselves, but future boards that may have a

38:00different idea of what to do with this will not be allowed to just run rampant And do whatever they want with the park, they will have to be bound by the provisions that we've all talked about today, which is, I think, what we all want. Um so I would also recommend tabling this for for now, for a month, whatever it takes, to go ahead and get this MSBU drafted properly and and enacted properly through through a court settlement so that it will bind future boards and it will stand the

38:30test of time and it will always be a benefit to the community. Thank you.

38:36Thank you. Anyone else wish to address the board? board? Did you want to come up?

38:46Oh you you have to speak there. I'm sorry.

38:49Um I'm

38:50your name and address for the

38:51record. I'm Michael Labu. Uh we live in [address removed]. We back up to the golf course. I really didn't know why I was here. I was I'm here on an errand of mercy for neighbors on both sides. I'm understanding that it's about the golf course and what's gonna happen to it. Is there some place I can go to get this information? We've lived there for three years. I've heard controversy about it. I have an opinion. Everybody else has an opinion. But I don't want to say anything until I'm completely aware of what

39:21this is all about. Where can I find that information?

39:25Um keith

39:28Who see?

39:29That's ahead of our um what's your title, Keith? Natural resources? Director? Yeah.

39:35I can lead you out. Okay.

39:37Okay. Then um I guess that's it. Yeah.

39:41Welcome to the neighborhood. Especially if you back up to what will be our park. Yeah, okay,

39:46cool.

39:46Okay. Um I think we need to address is there anyone else who wishes to speak? Is there anyone online that wishes to speak to this? No

39:56one's

39:56on WebEx. Okay. Um Nikki or someone needs to address I mean are we good legally with our notice? If you could address that.

40:10Good afternoon, Nikki Spiirtos, County Attorney's Office again. Um I was not aware of Mr. Dabbs public records request uh recently, but I was aware of his prior outstanding request. So I took the liberty of providing the documents to him myself, and I believe that's what he was referring to when he said he received it. So um yes, he did have actual notice and the published notice is good. So um I I also heard

40:40what Mr. Cobernick and Mrs. Cobernick said and I'd be happy to um speak to them and meet with them through their council. They are represented. And um uh and I'd be happy to do that. I would at this time though recommend that the board approve the ordinance.

41:00Um and Do you want to speak to anything about the boundary or that issue or

41:10So the next item that we're going to be discussing is the actual resolution to create the advisory committee. My recommendation would be that we take the time to work with that group and define the boundary. It's not going to be a difficult task to figure that out. Um I think they're If we can do that with that group as appointed by the board, that probably would be the best result in my opinion.

41:31And if I may, the same the same holds true for the restrictive covenants. The ordinance does require that the restrictive covenants be recorded. But those restrictive covenants are not gonna be recorded until after the time until after we have a an ordinance that is not challenged or after the challenge is resolved. Okay. So and again, the details of the restrictive covenants could be vetted through the advisory committee. Okay. Yeah, and we're

42:01trying to

42:02empower the advisory committee here. Correct. Okay. Um did you have a question, Commissioner Yeah? Yes,

42:07Patrick. Thank you. What is the zoning gonna be? when this is said and done. Because I know we had a situation kinda like this with the five neighborhoods and we changed the zoning to open spaces and parks to make sure that it would not just happen to be sold to a new developer or things like that. It was kind of to protect the landowners, uh the homeowners in the

42:31community. So the stronger answer to that issue is the restrictive covenants. Once the restrictive covenants are recorded to um maintain the property as open space, and or park and or conservation. Um

42:52It doesn't matter if the zoning is changed. The restrictive covenants will control. So it'll always be a park

42:59and open space. And open space. And E Lamp property. And E Lamp. Okay. Um thank you. So any other questions? Commissioner Mariano.

43:09Yeah. I'd like to say I think the advisory committee set up can make recommendations to us we can implement they don't have to be done right now. Um I want to make sure with the County Attorney's Office, uh Clerk of Courtes, that we are comfortable with the notice that's provided.

43:22Yeah, that's

43:22what we just asked.

43:26When Mr. Dabb said he went to the website.

43:31And um information wasn't

43:32there.

43:35The website address that is in your published notice tells the public to look at the agenda. tab. When this agenda was published, that information was available. It also gives the phone number for the Parks and Recreation Department. If in fact they wanted the information before that. And

43:54I just want to make sure we get that clear. Because I wasn't clear on it before, but I'm comfortable with it, I'll move approval.

43:59Oh thank you. And draft materials were also distributed to the committee that was meeting with Barbara and received input and um and changes were made.

44:13I just want to make sure we did what we were supposed to do, how it was done. Thanks.

44:16Yes, thank you, Commissioner Oakley. So one more thing under discussion. Uh well I guess I could do it under the next. Okay. So all in favor of the new A roll call boat.

44:27District one, Commissioner Oakley.

44:29Aye.

44:30District two, Commissioner Moore.

44:31Aye.

44:31District four, Commissioner Fitzpatrick. Aye. District five, Commissioner Mariano. Aye. District three, Chairwoman Starkey. I.

44:39And uh oh you know, I before I did vote I do live in that neighborhood. So just uh wanted to

44:45it's a big enough project that uh it's not it's not in a conflict under under one twelve in

44:51my

44:51opinion.