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Commissioner business Lakeside Woodlands, boat covers, panhandling

What the county recorded

This item is not from the published agenda

It is a stretch of the recording that this archive identified as a separate matter — a call to order, a recess, or something taken up that the agenda does not list. There is no official title, no staff recommendation and no disposition, because the county never recorded one. Everything below is inferred.

The source document

Published agenda

The county’s agenda for Board of County Commissioners, May 4, 2021

The published PDF, as served by the county. This item is one entry in it.

Approved minutes

The county’s minutes for Board of County Commissioners, May 4, 2021

The published PDF, as served by the county. This item is one entry in it.

What was said

Transcript

Machine transcription of 26m of recording, with speaker names inferred from voice matching. 88% of 122 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.

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OakleyChair

Yeah. All right. We're going to um This lane's business.

Moore

Thank you, Mr. Chairman Mariano. Again, thank you to Bucks Chief Operating Officer Brian Ford for uh being here today and bringing the Lombardy trophy. Um obviously we're very happy to have them in the community and work closely with them. So again, thanks again to Mr. Ford and the Tampa Bay Buccaneers. Um second uh this week is National Travel and Tour Tourism Week. We did had a resolution on the consent agenda. So I thank all the commissioners for passing that uh travel and tourism week resolution. Um You know, uh probably almost every meeting I mentioned

some great things going on here with it with tourism and the Florida sports coast. Uh this week, this Thursday, as most of you know, I think everybody's gonna be there. Is the is the um team up building a stronger economy together event with Florida Sports Coast and the Pasco EDC. I think it was a partnership was a great idea to put the two things to put the two together um this year. There's a lot of things obviously they share and work together on, especially when it comes to economic development, and they're both focused on bringing you know economic. development opportunities to the county. So after

we adjourn at noon, if you're available, if everybody can come outside, um Adam's gonna stick around and we're gonna do a a photo outside for Tourism Week in front of the fountain. So if everybody's available. And just an update on New River Library. I'm happy to let everybody know. And Kathy's back there that New River Library is in the process of reopening after the Go Bond renovations. So thank you to the citizens of Pasco County for supporting our libraries. And thank you to the commission for supporting our libraries as well.

If I'm not correct, Kathryn, we're in a kind of a sneak preview period right now. Um Limited services available, but mid-May, I think it will be fully online. That's not correct. So exciting stuff. I've seen a lot of pictures and videos and look forward to going out there in this next week. Um and I'm not gonna bring really have a discussion on this, but I w I'm gonna ask and I think some of you probably agree with this, if maybe the county administrator could have the team bring back an update for us on the harbor plan. We really haven't heard much about that lately. I know that's

something that Every w each and every one of us are very you know, um supported of, but uh, we haven't heard much about it lately. So I just want to see how things are moving forward. I think we definitely need an update on that. If we can maybe arrange that for the I know the next meeting's pretty stacked, so maybe the one after that give you guys time

County Administrator

to prepare. We'll schedule it in June.

Moore

Okay. That could be good. Anybody agreement with that?

Mariano

May eighteenth, we've got another item coming up, so maybe it's good to come back. May eighteenth is an item coming up for

County Administrator

May eighteenth's a long meeting. The draft based on the draft agenda, that's gonna be a long meeting. So I would recommend do it in June. We can still do it on May eighteenth, but that's gonna be a long meeting with with with or without this.

StarkeyVice Chair

Yeah. I think Commissioner Starkey you wanted to add something? Okay, cool. That's it out that's all I have. We can just bring that forward. That'd be great.

uh kind of on that same note, um I've been working with uh newly re newly elected Councilman Mike Peters um on some projects and I mentioned that we used to have joint meetings between New Port Richey Port Ritchie. And I think it's a good time to try and get another one scheduled. And I think that you know the harbors Prades. uh would be a great topic for that joint meeting. Um so You know, I have no no thoughts on

when it should be, um, but just want to throw it out there that I think we should go ahead and schedule something and talk about where we are on numerous projects. Red Jane. Frails, you know, whatever. So um and that might be a good place to have a hobber.

County Administrator

We'll we'll look at see if we can find a facility where we can socially distance and make sure that the crowd Works. That's kind of the challenge on the east or the west side. So we'll we'll and then we'll work them getting something to schedule.

StarkeyVice Chair

Okay. Um also I uh received a letter from the Florida Engineering Leadership Institute up for a community project. Um it's from a engineer named Jordan Nelson and uh he's also a member of the Swamp Club, which is the um off road bike riding club that maintains the off-road trails in Stockton Park. And they want to um put in seven Let's see, seven hotspots towers in areas like for example, I think when you're

riding your bike out in the woods, there you may not have good cell reception. And I think sometimes it's very important for uh emergency situations. Um so I just want to make sure that we are um working on on these. These will be off-grid um hot spots in And uh and just like you said Keith's looking into that? Okay, so Keith.

So it's a nice project.

County Administrator

Yeah, there's a there's an operations cost to that. So,

StarkeyVice Chair

you know,

County Administrator

it's it's not free. So But keeps keeps evaluating. That for his parks.

StarkeyVice Chair

Yeah, there's a maintenance cost associated with it. Community buying is critical. Yeah. They put one in in um Okeechobee. So uh Anyway, thank you to them for thinking of us and I think it's a a great idea, especially for safety.

Alex Parnes

Is

OakleyChair

that it?

StarkeyVice Chair

For now. For now.

OakleyChair

Okay. Ms. Fitzpatrick.

Fitzpatrick

Thank you. Um, I would like to say I attended a women's summit at Hope With Every Smile at Smile Faith Foundation. They're gonna offer free dental care and dental services for human trafficking. Domestic violence and addiction recovery survivors. And they're also going to be offering free dental care for children that have aged out of foster care. And they will be having Smile Faith will be having an event on May twenty-ninth. They'll have a five K race and that same day they'll offer free dental services for victim uh v for veterans.

Um, I was also honored I was able to go to the celebrity lunch for Marjorie's Hope. They were able to raise twenty thousand dollars in an hour and a half. And I would like to thank Debbie Shikowski for putting that on. They give free they provide free backpacks and clothing for children.

Um the next one was I was honored to present the Heartwood Heartwood Preserve Conservation Cemetery. Um I was actually able to provide the Waterwise, present the Waterwise Award for the for them. And it was an honor to present that to Miss Laura Starkey. Earlier in the day I also was driving to the meeting and I had met Ian on the side of the road and he was picking up garbage and I had stopped

and met with him and I would just like to encourage everyone, whether wherever you're at, pick up a few pieces of garbage on the side of the road or wherever you're at, whether it's the baseball fields or at park or just anywhere in the community. And lastly, I would like to say save the date for Pasco Backs the Blue. event on October 16th from two to ten. That will be at Gild Dogs. Oh, and one more thing is I went out and I know Commissioner Mariano's gonna mention Lakeside Woodlands, but I was able

to receive a photo. Of The area and I know Mr. Mariano Commissioner Mariano has photos of what it looks like now, so I didn't Put all those in as well. That was from one of the residents and I was surprised and I would be very nervous living in there as well. So I understand their concern. Thank you. There was five homes in that area. I know they mentioned three. I did walk it, so there are five homes in the barricade. Not three. Thank you.

OakleyChair

And everything?

Mariano

All right, Mr. Mariano. Thank you, Mr. Chairman. I'll go right to Lakeside Woodlands. Um this is a neighborhood um right next to Beacon Woods. It's probably three hundred yards from my way, the first house I bought in in Pasco County many years ago. And uh the area that you just showed was a little retention area that was there. It happens to be with a major part of this cavern goes right under and and crossing Willowbrook Court. Um so the Willowbrook Court Road is a county road and it's completely unusable. Um we

had our engineers taking a look at it. to try to even like build a bridge over the road to c secure it like we did over in Clock Tower on both sections north and south over the same cavern. Uh those worked out well. This one here they say it just cannot be done. Um You know, when when I think back to the uh the gentleman that lived in a home in Tampa. And there was a sinkhole under his house and it just kinda like without notice all of a sudden, boom, it went down. He got swallowed up inside, never to be recovered. These people are living that same situation

of fear every single day. Um because only the home has to be affected for an insurance company to be able to step in or for even us to go condemn it. Um we're limited and staff has tried that and and the people have tried it with their insurance company. So it's a a completely unique situation. And I'll say back to the technology maybe many years ago it wasn't used or couldn't have been used to detect what was under there, because I will tell you, this would never have been approved um, in my opinion, right now if you try to get it done. Uh the

caverns there. The scariest part is people are hearing things. They've had pipes break. I mean, when it first happened I had You know, one set of neighbors right across the street from this, uh they had just spent four or five grand having a pipe company come in and and replace their pipes for 'em uh at their own dime. Not even the insurance company would pay for it, 'cause outside the house. So these people at at risk, I mean You heard we've got single moms with a son who's afraid have the Son go out and play in the yard. Um you've got pets that you know, could be in danger. We got we got a a purple hired veteran

with heart problems and You know, and also that Uh he he's trying to deal with. Uh we got senior citizens out there. Everybody in there's living uh in fear. Uh the road's not permitted for driving, so keep in mind you got you know, fences blocking off the roadway. If you're inside that whole mix, you've got to take all the way down. Now emergency access. Um, you know, we we've spent a lot of money over this county to try to protect our people for quality of life reasons. Um and if we can't get our people in there with our trucks, I mean, even our own Paramedics

if they had to go there? They're either wheeling it all the way in there or they're driving the truck over and we're even put our own supplies and our own people at risk if we're gonna try to save someone. Uh there's no mosquito control, no sewer cleaning permitted, no garbage trucks to go in there. Um Everything's everyday things we take for granted. Just like you're gonna go go shop and go get your groceries, you gotta wheel it in, wheel it out. Um if you're gonna do any type of uh repairs like a roof. Or an air conditioning? The trucks can't get in there. I mean the whole quality

of life of what's going on here i it it's done. The county can never, as they say, reopen the road. Um How do we help 'em? The situation is unique. Um They had looked and I wanna say, uh, Commissioner Starkey, you know, we're up in Tallahassee, how you really help with DEO. We try to like look at every way. I know federally you tried to help. And I let them all know that all the work that you were doing to try to make these things happen. Uh, and they're very appreciative of the whole board. Putting uh, you know, Andy Foster and the whole team who worked tremendously

hard, three different grants, which I'll talk about in a second. Um, to try to get funding to ha trying to help with the bio. And each and every single one of them got denied for different reasons. But these people here are in a situation that's not good for the county. It could be really devastating if any one of these things collapses and anybody dies by this thing going in and and taking um a home, which You know, obviously we don't want to see. Um and it's just to a point where we've got we've tried all the options we could uh

to try to get them help outside of us, but it comes down, it falls on our backs. You know, we're the ones who's gonna step up and and help them with the situation or they're gonna just gonna be in risk at risk at risk and that's just not Uh I don't I don't think what we want to do. Commissioner Yeah,

Moore

you mind if I ask a question? Sure. You could

Mariano

Mr.

Moore

Chairman Mariano. Can if you leave that photo up real quick. Can you show me I mean okay, this red line. Is that where the road is officially closed?

Mariano

I believe so, right? Yeah.

Moore

Okay, so you've got one, two, three, four, five, five, six, seven.

Unidentified speakerVoice A

There's two houses, the one on each side of the grassy area and then across the street. So what's those five houses that are board barricaded off

Moore

Four, five. Okay. How many homes are actually condemned or red tagged?

StarkeyVice Chair

We haven't condemned any none.

Moore

That's what was

StarkeyVice Chair

that's the difference.

Moore

Okay. That's the problem,

StarkeyVice Chair

and it's all value.

Moore

It's all value, yeah.

The situation that happened uh Lena Lakes where there were some homes that were condemned and paid off by insurance. And then we what we did with the road to allow people to still come on both sides. This is the case. You yeah, you you have a situation where you have five homes. that you would have to get out of the car, park on the street, and walk to them to get to your home. Yeah.

StarkeyVice Chair

Everything.

Moore

Yeah. I I I just want to make sure I was right. I mean Mr. Biles and I were speaking about this. I just wanted to make sure I had the numbers right. Yeah,

Mariano

and then you know what Atlando Lakes and I and I think a lot about that and how we we stepped up and and and did the right thing. But and a lot of those homes when they were collapsing in to the lake, you know, they actually built the lake, uh homes on the lake that wasn't there before, so we claimed it. So they got insurance claims. These people in a different situation, but it's very precarious because literally this this cavern runs up from Clock Tower Parkway where Keres is in the back. Yeah. That's part of this. On Teakwood Lane, we had that those hunt helms. One was condemned and we uncondemned it later on. Right alongside

that runs the same river. Clock tower on the north part, south part, the same cavern. We're able to build a bridge over the road. asphalt it over to keep it going. But that thing carries over and goes right down this way here. So all these little pockets, they may not go under a house and frankly they haven't, but they're all around it in the yards, et cetera. If one of them would go, then we could have done that. But in in two in twenty-one months it hasn't happened. But again, now that these things are open up again, it could happen in any single spot. And when you when you hear the the the lady that talked

that Uh She talked about how she hears rumblings underneath. That's a river running under there and every time something moves For us to fill that up. The water pulled it out again and it's gonna continue to do that. So it's really a very dangerous situation for these folks and there's there's no other uh no other cure. Um Eric, you wanna talk about the grants, what what what we did to a go through? No, you've got it in your agenda memo, so I'll let

Eric Breitenbach

you speak to it.

Yes, sir. Uh Eric Breitenbach, Assistant County Administrator for Internal Services. Um emergency management has pursued uh no less than five opportunities to secure outside funding for to assist these homeowners. Everything from a um hazard mitigation grant r related to Michael to a C D B G mitigation grant, uh building resilient infrastructures and communities. And then they also pursued Um a couple of other disaster recovery or building resilient uh

communities programs and th they were all denied primarily because Um the the there's a twenty fifteen FEMA policy that cites the structures have to exhibit damage before they'll be able to uh entertain them for uh i any grant funding. And so that's not occurred in this case.

Mariano

Uh then Eric, as far as like the the scope of people involved, uh the number of homes, uh is seven the number we're looking As far as to do the uh

Eric Breitenbach

demolition and all? Initially there were a total of fifteen homes affected, sir. When we started pursuing uh grant opportunities to to buy buy properties and relocate homeowners, seven expressed interest in participating in that. The other eight did not.

Mariano

Okay.

Eric Breitenbach

And

Mariano

those seven are one in that area where they're

Eric Breitenbach

the s yes. They're they're primarily in the area that's blocked off by the road. Uh there's one one house that's outside. the the the road closure area that has that's a part of the original fifteen affected that's expressed interest in in uh selling their property and relocating.

Fitzpatrick

What is N Penny for Pasco?

Eric Breitenbach

not participating. They did they chose not to participate in the efforts thus far to secure external funding to buy out the house and remediate it. So those are the N P the houses designated with N P are the ones that did not choose to participate up to this point?

Mariano

And the f and the figures that you're totaling out from our appraisals done from twenty one months ago or so?

Eric Breitenbach

The figures are are from the just value from the property appraisers website currently, sir.

Mariano

Okay. All right. I mean I would like to see us bring this back for an agenda item at the next meeting. Um let's go put a plan together as far as what it would be to do the acquisition uh and and bring something before the board so we can actually look at it and You know, take staff's recommendation and they can do whatever presentations the board members want to have have added to it.

Moore

Yeah, and that gives them time to come with some ideas, yeah.

StarkeyVice Chair

Um Commissioner Oakley. What

County Administrator

do

you want

to do, June? Well I would so I mean there's a lot of different options we need to run down and you know in defense, you know, this is something emergency management's working, they are well best versed in it, but they've not really started to coordinate with other county departments or the county attorney's office with respect to a plan. So If the board wants us to investigate how to do this and develop a plan, we're probably gonna need more than two weeks to be able to bring you back something. So I would I would recommend at least sometime maybe the New Port Richey in June.

That gives us time to work internally, work with the County Attorney's Office to make sure that we have something that you can actually I don't wanna bring up you a plan that that there are fatal flaws with. I want to make sure we vet all that before you we bring you some options. So

Mariano

and I'm okay with that time because I tell you the staff has done a phenomenal job trying to work this situation as hard as they can every every which way to get money for this thing to work. Um if we were in a situation like we're in Lando Lakes, I would say let's go put the hammer down right now, but I'd rather see us look at extensively what's the best way to go about this 'cause The demolition part is going to be tricky too. 'Cause you're gonna take these homes in, you gotta you g it's not gonna be just a regular move. So I think the June meeting, especially when I hear how busy May is anyway, I think June would be good, give you time. If and if if need be, we can go from there. But let's go plan for the June meeting to

bring it forward.

Unidentified speakerVoice B

Okay.

StarkeyVice Chair

But um one thing, um Commission Mariano and Derek, um when we were meeting with Kevin Guthrie on this in Tallahassee, he did have a very bright staffer who was gonna take a look at Um, seeing if within the earthquake Um mitigation money that this would fit. So I wanna make sure we're re touching back with them because the last communication we had was that they were going to be looking in on that. So Derek, would

you mind following up with her? And um let's make and you know, make sure staff is connected with her and see if she's found any results yet. Because and and the reason why she's thinking this way is because there's movement. If they if they if you look at the homes over time, the um the houses are shifting and she's look so it was her idea that maybe we look at it at a different kind of funding. for this program because and and it frankly if there isn't one in FEMA

there needs to be one. And um that's another avenue but we can talk with with our federal lobbyists is um 'Cause it just seems to fall outside of these cracks. It's really it's it It be it needs to be in there somewhere. You know, citizens shouldn't be left hanging like this.

Mariano

Yeah, well I appreciate all your efforts. Um and the b the bullet, I appreciate your so your approval with it. And and again, the time is very critical that we move on this, um, especially before hurricane seasons in because part of the reason all this happened was from storm events when waterways flowed. So I think June, we still got time before heavy events happen. So I think I think that still can work.

Unidentified speakerVoice C

Oh.

Mariano

Right. Thank you very much. Next thing um To the county's attorney's office, Mr. Steinschneider. Yes. On the boat covers, uh it was brought to me and I I thought they were gonna send you something, but I never saw anything, so I'm just gonna ask you the question. Um and the question was, is it legal to differentiate uh boat covers or just the way you treat in regular legislative from canals versus lakes? Have you been asked that at all? Yes. Okay.

Unidentified speakerVoice D

And we we went through that analysis during the time where you adopted the ordinance that distinguished those two. And I've said that you feel comfortable with that, okay. That's as as much as I can slice and dice. A distinction.

Mariano

All right, 'cause that was that was a question I was waiting for. I never saw it and maybe that was why, but I just want to run that by. Um the the people in Yeah. everywhere other than Gulf Harbor, let's say on these canals. There's been a really strong push to say we they want the freedom to protect their boats. Um so they're gonna they they'll still continue to contact you, but I just want you to know that's the that what you've you've heard their public input. Um On another note, I think I sent you this as well about the panhandling ordinance.

Um Next message they got from uh

From the Sheriff's Office sh sh stated something like, Commissioner, there's nothing the Sheriff's Office can do about panhandling. It has been found to be a protected constitutional right. I can address Trespassing but not panhandling. So to the county attorney. We're struggling with people just going out there and and Yeah when people um are out there panhandling is just a it's a detriment for the area. People don't like to see it. Um somehow they they dress. We had one out there with a Just a like a

Topless, you might say. No no shirt on, just shorts, just going around. I've got other people well dressed out there going on. Um and in the if they're in the right of way, let's say between two streets, can they

StarkeyVice Chair

Yes.

Mariano

Remove them from that spot.

StarkeyVice Chair

Yes, because it's dangerous.

Mariano

Yes.

Unidentified speakerVoice D

The legal answer is yes. You heard

OakleyChair

from both attorneys. attorneys.

Unidentified speakerVoice D

Um back

StarkeyVice Chair

seat attorney on it.

Unidentified speakerVoice D

The the The ordin so

StarkeyVice Chair

Already looked in

Unidentified speakerVoice D

it. My assistant county attorney and sheriff's general counsel, I believe, agree that based on the the federal case that came out. our sol solicitation ordinance Can't be enforced. As I think we discussed when when we talked We do have the secondary ordinance on Tres.

And so if Our belief is in the median, if they are in the median that that area can s they can still be told That that's not an appropriate place to stand that and and Moved away. Now, if they are on the public sidewalk, That's not gonna work. Yeah. Because it's a public sidewalk. Um You

Mariano

never see 'em on the sidewalk. They're in the mediums.

Unidentified speakerVoice D

So I I still think that the the the ordinance that we have in place with regard to trespass will work. Yeah. Mm-hmm. Not for the not for the the passing out of water bottles or or accepting money, but to keep them off that median area because of because it's dangerous.

Mariano

Okay. All right. So I see Alex

Unidentified speakerVoice D

from the Sheriff's Office.

Mariano

Voilà.

Nancy Gray

The notion.

Unidentified speakerVoice E

Uh Alexander Alt, Intergovernmental Affairs Officer for the Pasco Sheriff's Office. So

Uh Basically what uh Mr. Seinsner has already uh articulated is this is basically the same position we have. Um is that if they are so it came from the middle district of Florida that panhandling is considered a First Amendment right, and if that is all they are doing Then we are not able to uh enforce the ordinance that would would prevent that. Now, if they are impeding traffic or in the right of way, that is a

different case. And also is if they are trespassing private property, again, that would be a different case, that would be trespassing. So as far as panhandling itself by itself goes uh again we would defer to Mr. Steinsteiner's uh articulation of it.

Mariano

All right, so I I will tell you that then Commissioner Starkey can tell about your areas, but I'll tell you that the key areas for me are that I see them in Hudson Avenue at nineteen. Um nineteen and fifty two and Beacon Woods Drive in US nineteen. They're all in the median. If you guys could keep an eye to that and I'll I'll keep sending pictures to the cabin.

Unidentified speakerVoice E

Sure, sure. Yes, sir.

Mariano

Let's just go go for trespassing. When I say panda language, we'll just say trespassing from here on through. Sure. Okay.

StarkeyVice Chair

Commissioner Oriano, I take a photo of it when I see it. Then I send it to Captain Frick.

Mariano

Mm-hmm.

StarkeyVice Chair

Send somebody. I mean they they can't be standing in the middle of the road in a dangerous place. Yeah,

Mariano

it's just it's just

StarkeyVice Chair

they can say get off the median and get on the sidewalk and they can panhandle at the corner sadly, but they can't be in the middle of the road, it's my understanding.