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Serving Pasco since 1981/Serving Lutz since 1964

Ken Burgess

Improvements slated for County Road 54 in Zephyrhills

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A congested roadway in Zephyrhills is set to receive some long-awaited and seemingly much-needed improvements to ease traffic patterns and enhance safety overall.

The City of Zephyrhills and Pasco County have come to a cost-sharing agreement for upgrades to a portion of County Road 54 which crosses both city limits and unincorporated county areas.

Zephyrhills City Councilman Ken Burgess (Courtesy of City of Zephyrhills)

The scope of the project calls for the following enhancements along a 1.31-mile stretch, east of U.S. 301 east to 23rd Street:

  • Additional signage and pavement markings
  • Left-hand turn lane at the Dairy Road intersection
  • Right-hand turn lane and new mast arms at Wire Road, turning onto 12th Street
  • Signalized intersection at 23rd Street
  • Pedestrian signals and ADA sidewalk ramps at the intersections of Wire Road/12th Street, 20th Street and 23rd Street
  • A 10-foot concrete multi-use path on the south side of County Road 54 adjacent to Zephyrhills High School, and a 5-foot to 6-foot path on the north side of the road, plus associated drainage

The Zephyrhills City Council on Oct. 12 unanimously approved an interlocal agreement with the county that calls for a 50/50-split on costs for the multi-million project.

An engineer’s estimate for the project’s entirety came in at $6,855,255.44, meaning the city and county each will have an estimated cost of $3,427,627.72.

The entire project will be constructed in one phase. How it’s actually funded will be handled a bit differently, however.

The county has agreed to fund all improvements east of 20th Street to east of 23rd Street, including a new signalized intersection. Any dollars leftover from their cost-sharing portion will be used to help Zephyrhills fund improvements from east of U.S. 301 to 20th Street, which is inside the city’s jurisdiction.

Also, under the agreement’s terms, the county will conduct construction engineering and inspections either by utilizing its workforce or contracting with a third party. The county has also agreed to be responsible for facilities maintenance after construction.

Initial plans outlined many years ago called for the stretch to be widened to four lanes. But, various infrastructure and logistical hurdles necessitated the project to instead feature turn lanes, traffic signals and adjacent multi-use trails.

Zephyrhills City Councilman Lance Smith (File)

Either way, any improvements to the roadway section are greatly needed, city leaders say.

Councilman Ken Burgess labeled the stretch “a nightmare to navigate for many, many years.”

Councilman Lance Smith similarly called it “probably one of the most congested areas, at times, in the city.”

“I think there’s some necessary segments that we need to do,” Smith said. “I’m a little disappointed that we couldn’t get the four lanes in there, but hopefully, this will help with the traffic.”

The project’s sizable price tag — and how to split funding — had been a snag over the last several months between the city and county.

That in mind, the city does have the option to terminate the agreement should receive bids exceed cost estimates for its funding portion.

Council members acknowledged it’s quite possible that project bids will come in higher than anticipated, but they said they likely still will move forward with project — unless bids come in excessively greater than the engineer’s initial projections.

Smith put it like this: “Nothing is getting cheaper to build. I mean, as much as it’s a bitter pill to swallow, I think it’s something we should go ahead and do.”

Bid opening for the project is anticipated for some time in December, with Pasco County commissioners expected to award the bid/contract in February or March.

Once that happens, Zephyrhills will make an initial payment of $1.1 million to the county within a month of the bid award. From there, the city will pay installments (estimated at $581,906.93, plus change orders) to the county each of the next four years, through fiscal year 2024-2025.

Purchase thresholds upped for small projects
In other business, the council unanimously approved a first reading ordinance amendment increasing purchasing thresholds for when quotes and sealed bids are required.

It’s part of a move to streamline smaller purchases and projects, officials say

In a staff memo, Zephyrhills City Manager Billy Poe and Zephyrhills Finance Director Ted Beason outlined how small projects have been stalled as they’re required to comply with lower, outdated thresholds ($2,500 for quotes; $20,000 for bids) instituted back in 2014.

To alleviate those issues, the altered ordinance raises proposed thresholds for quotes and bids to $5,000 and $50,000, respectively.

Zephyrhills City Manager Billy Poe (Courtesy of City of Zephyrhills)

As an example of the ongoing threshold issue, Poe explained how a somewhat routine purchase of a new city-operated pickup truck requires council consideration if it’s greater than $20,000 — which most new trucks are — even though it received prior approval in the regular budget.

The city manager outlined other examples, too.

A damaged handrail on Green Slope Drive cost about $3,600 to repair, but the project “took a while” to complete because the city was having trouble finding three separate quotes, Poe said.

Meanwhile, a pedestrian crossing on Simons Road estimated to cost slightly more than $20,000 is being delayed because it must go out to formal bid “as opposed to taking the plans and getting three prices, and getting the project done,” the city manager said.

“It’s just slowing things down a little bit,” Poe said of the current lower purchasing thresholds. “You know, staff does a great job of finding the most cost-efficient piece of equipment or tool as they can. This just helps…of reducing some of the search time.”

Council members expressed they are on board with the threshold changes. They added there’s still transparency in such purchases and projects, as they’ll still get listed as noted items in regular council meeting packets.

“I’m OK with what we’re doing here, because you don’t want to slow things down,” Councilman Ken Burgess said. “It’s just a formality of making sure that we’re aware of it.”

A second and final reading of the amended ordinance will be considered at an Oct. 26 regular council meeting.

Published October 21, 2020

Zephyrhills renews city attorney’s contract

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Matthew Maggard will continue serving as the city attorney for the City of Zephyrhills, for at least three more years.

The Zephyrhills City Council unanimously renewed an independent contract agreement with Maggard, which is effective Nov. 1 and runs through the end of October 2023.

The contract terms remain the same as the existing city attorney agreement.

The City of Zephyrhills has renewed its independent contract with City Attorney Matthew Maggard through October 2023. He has been serving the municipality since 2016. (Courtesy of City of Zephyrhills)

Under those terms, the city is required to pay a minimum fee of $700 per month as a retainer, with attorney services rendered at $150 per hour, and staff services are $50 per hour. The city also will provide Maggard with health insurance on the same basis as it is provided to the council. Another perk: Maggard will be provided an education allowance to attend the Florida Municipal Attorney Association Conference, and an additional local government-related conference.

As city attorney, Maggard, 35, attends all council meetings and workshops, and provides legal counsel to the city council and city staff.

The lawyer represents the city in litigation, collects delinquent taxes, forecloses liens upon real property, prosecutes code enforcement violations, and is the legal advisor to the police and fire departments. He also prepares and reviews all resolutions, ordinances, contracts and legal agreements, too.

Recent undertakings have included: Overseeing consolidation of the city’s fire department with Pasco County; updating the public-private contract on the Sarah Vande Berg Tennis & Wellness Center; and, helping the city facilitate a partnership with  a couple of litigation firms to seek damages in a massive federal lawsuit against companies who manufactured firefighting chemicals later found to contaminate some of the city’s groundwater, wastewater and water wells.

Maggard started working for the city in 2016, taking over for then city attorney Joseph Poblick, who held the position for over a decade until he was appointed a Pasco County Court judge.

Maggard also runs private practice in partnership with Danny Burgess, former executive director of the Florida Department of Veterans’ Affairs and currently a candidate for Florida Senate District 20.

The Dade City-based law firm, Maggard & Burgess P.A., handles most aspects of Florida law, including injury, family, business, real estate, banking and foreclosures, criminal defense and traffic, and landlord-tenant, as well as wills, trusts and probate.

Zephyrhills City Manager Billy Poe, who often works closely with the city attorney, expressed his appreciation for how Maggard goes about his duties.

Poe explained, “If ask him a question and he doesn’t know the answer, he doesn’t try to make something up. He says, ‘Give me a few minutes, let me go figure it out, let me go look it up,’ and he comes back with the right answer. …He goes and finds the answer and gets it to me.”

Council members similarly shared overwhelming positive reviews of Maggard’s performance thus far.

Council Vice President Jodi Wilkeson praised Maggard’s responsiveness, whenever a need arises.

“I feel like we have a great working relationship with all of our staff, particularly (Maggard), and I’m hoping for many more years of success,” she said.

Added Councilman Ken Burgess: “I think he’s doing a really great job for us and we made the right decision there (to initially hire Maggard).”

Councilman Lance Smith acknowledged he was initially “a little concerned” about Maggard’s limited legal experience when the city brought the young attorney aboard several years ago. But, those concerns alleviated over time, Smith said, noting the attorney has “fit in well” with the city.

Maggard has some deep ties in public office.

He is the nephew of both Pasco County Commissioner Ron Oakley and State Rep. Randy Maggard.

The city attorney is a graduate from Florida Coastal School of Law and was admitted to the Florida Bar in 2013.

Published October 21, 2020

Zephyrhills bids farewell to local fire department

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The Zephyrhills Fire Department — as it has been known for some 100 years — has made its last service call.

The department officially became part of Pasco County Fire Rescue on Sept. 27, through an interlocal agreement that was approved in May.

Zephyrhills Fire Department Station 2 on Sixth Avenue now becomes Pasco County Fire Rescue Station 29. The other station, Zephyrhills Fire Department Station 1 on Dean Dairy Road, is now Pasco County Fire Station 25. (Courtesy of Pasco County Fire Rescue)

The hometown fire department’s 24 full-time employees, two stations and apparatus are now part of the county’s fire and rescue operations.

The fire stations’ computer and audio systems become unified within the county’s 911 operations center.

Along with the change, the city’s two stations have been renamed from Zephyrhills Fire Department Station 1 and Zephyrhills Fire Department Station 2, to Pasco County Fire Rescue Station 25 and Pasco Country Fire Rescue Station 29, respectively.

The merger had been coming for some time.

Besides a ballooning annual budget, Zephyrhills Fire Department over the years battled personnel turnover, staffing shortages and outdated equipment.

The city hasn’t had a fire chief for over 18 months, instead dividing those duties among  three battalion chiefs.

The merger is a “win-win” for all parties involved, said Pasco County Commissioner Ron Oakley, who made an appearance at a Sept. 28 Zephyrhills City Council meeting.

Oakley, himself a Zephyrhills resident, explained that the community will benefit from increased staffing at both fire stations and two operable ambulances, quickening response times inside city limits and surrounding unincorporated areas.

“You’re going to see much better service than you’ve ever seen before,” said Oakley, noting the transition was “very seamless.”

Pasco County Commissioner Ron Oakley (File)

Oakley also underscored the importance of the county economy of scale to takeover and fully fund the two fire stations, located on Sixth Avenue and Dairy Road, respectively.

The commissioner also relayed a message from a local firefighter who praised the county’s resources, which, for instance, has allowed for a third firefighter/paramedic on a ladder truck to respond to scenes, as opposed to two staffers previously.

“If they’re going out there to save somebody’s life and they need that extra hand, it’s there. That’s going to be a great thing,” Oakley said.

Meantime, the consolidation saves Zephyrhills from having to implement what would have amounted to a pricey fire assessment fee on residents and business owners to keep the local agency afloat.

Its fire department budget the last two years was $3.3 million in fiscal year 2019 and $2.8 million in fiscal year 2020 — nearly totaling the amount the city will pay the county to take fire rescue operations off its hands in perpetuity.

The interlocal agreement (as well as extended employee benefits) costs Zephyrhills roughly $5.5 million total, generally spread out over a period of seven years. After fiscal year 2026-2027, the city won’t have to pay the county for fire rescue services — as it will be solely propped up by a Municipal Service Taxing Unit (MSTU) assessed to city residents and commercial entities, similar to how Dade City receives such services. An MSTU for fire services is expected to have less financial impact on city residents and commercial entities than a fire assessment fee, officials say.

Zephyrhills City Council President Charles Proctor acknowledged the merger was quite trying emotionally and sentimentally, but said it was something that had to be done for the viability of the city.

“Nobody wants to get rid of an institution,” he said, “but, I think we’re going to save the citizens in the long run, financially, and they’re going to get a lot better service, and that’s what’s important. We have to look at the big picture.”

Fellow council members, including Lance Smith, echoed such feelings.

“We were never really ever able to give the firemen what they needed, and that was a full staff at this station, which is the way to be safe, so I think that we ultimately came to this decision for the good of our fire department,” Smith said.

Though gear and uniforms may now read, “Pasco County Fire Rescue,” many fire rescue personnel at Station 25 and Station 29 are familiar to city residents — having either worked for the former city fire department or new hires with deep ties to the area.

For instance,  a pair of fairly recent Zephyrhills High School graduates are now paramedics running ambulances out of Station 25.

“We’re not completely losing that hometown feel that we thought we might be,” said Councilman Ken Burgess. “We still have it.”

Added Smith, “It’s still the Zephyrhills Fire Department in all of our minds.”

The history of the city’s fire department is believed to date back to 1915, when it started as a volunteer organization. Since the 1970s, it had a paid professional staff.

On a related note, Oakley mentioned as many as five new fire stations could be built throughout the entire county, within the next three or four years.

Published October 07, 2020

Hercules Park upgrades under consideration

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As the Zephyrhills Community Redevelopment Agency (CRA) preps its budget for fiscal year 2020-21, city leaders are calling for more attention to Hercules Park, a 9-acre city-owned park land property off Gall Boulevard.

Zephyrhills CRA director Gail Hamilton on July 27 probed the CRA Board of Commissioners —chaired by Zephyrhills City Council members — on which types of projects they want to have the highest priority in the upcoming year, noting the agency appears in good shape with funding this coming year.

The answer was unanimous: Hercules Park improvements are well overdue.

CRA board member Lance Smith was quick to declare it’s time to gather community input and organize an action plan for the vacant park land that once had a buzzing aquatic center and swimming pool.

He observed Hercules Park, adjacent to Zephyrhills High and Woodland Elementary schools, is visibly nestled in “a very high traffic” intersection that includes a Wawa gas station and Culver’s fast-food restaurant.

Zephyrhills Community Redevelopment Agency (CRA) Board of Commissioners is calling for needed improvements to Hercules Park, a 9-acre city-owned park land property off Gall Boulevard. Ownership of the land was transferred to the city from the Pasco County School Board in June 2018. The property has sat mostly idle for years. (File)

“I think we should really work on Hercules some, because it’s been sitting there,” Smith said. “I don’t think we have to spend a tremendous amount of money on it, but I do think we have to put together a plan for it.”

Fellow board member Charles Proctor agreed Hercules Park fixes are “a longtime in the coming,” since ownership of the land was transferred to the city from the Pasco County School Board in June 2018.

Even minor improvements would make it a desirable passive park for residents, he said.

His general idea: “Make it simple, but usable,” so that upkeep isn’t an ongoing burden for the city’s public works department.

“I don’t necessarily want to go crazy with it,” Proctor said, “but I would like to make it usable, so if somebody wanted to have a picnic there or walk the trails, because it is a beautiful piece of property, and at least so that citizens can use it.”

Board chair Jodi Wilkeson added work on the park should be handled in phases, starting with some routine cleanup, then later on identify more specific long-term goals and objectives for the park’s future.

Board member Ken Burgess likewise agreed to have the property “spruced up enough where we can utilize it, until we come up with a better, eventual plan for it on down the road.”

All that in mind, Hamilton assured various park fixes are on the table for discussion.

The CRA originally planned to hold a community meeting for park input, but the COVID-19 pandemic caused it to fall by the wayside. Hamilton instead plans to meet with the city’s parks board for further input, then present it to the CRA board and city council.

Some early possibilities include underbrush clearing and designing a more welcoming park entrance, as well as installing a park fountain, benches, tree underlighting, and colorful sailcloth. Adding an art piece that pays homage to the history of the property is another idea, too, she said.

The park land is a legacy from about 80 acres once owned by the Hercules Powder Co.

The company, which converted pine stumps into resin and turpentine, had been the city’s largest employer.

“I think it needs to look nice when people drive by, (so) it looks like we care,” Hamilton said. “We’ll create a plan, and work that plan.”

A sign of how the property has languished over the years:  Zephyrhills Mayor Gene Whitfield pointed out trees surrounding the park are covered in poison ivy.

Other CRA priorities for this budget cycle include installing wayfinding and gateway signage, sidewalk repairs and developing a public art master plan, among others.

The Zephyrhills CRA is a dependent special district in which any future increases in property values are set aside in a Trust Fund to support economic development and redevelopment projects within the designated district. Although it functions within the City of Zephyrhills, the Zephyrhills CRA is a separate and distinct legal entity. The Zephyrhills City Council also serves as the appointed board governing the Zephyrhills CRA.

The CRA district encompasses the center spine of the city, generally between Hercules Park to C Avenue, and from Zephyr Park to 17th Street. Within those boundaries are the following historic neighborhood districts: Hercules, Historic Jeffries, Historic Abbott, Moore’s Estate, Zephyr Lake, Oakside and Plaza.

Main Street events suspended until December
Elsewhere, Hamilton also mentioned all Main Street Zephyrhills events have been canceled until the end of December, due to COVID-19.

Main Street Zephyrhills is a 501c3 nonprofit that generally facilitates new business and organizes large events within the historic downtown district.

One of the nonprofit organization’s most popular annual events, Music & Motorcycles, will likely be rescheduled at a later date, once events are back in the fold, Hamilton said.

Guidelines from the CDC (Centers for Disease Control and Prevention) will be followed in making a determination of when events with large gatherings are safe to resume, she said.

“We don’t want to have an event that’s going to cause problems, so at this moment we are still monitoring the situation,” Hamilton told the board.

The Music & Motorcycles event is typically held in September and features a live band, and a 10-class ride-in bike show along Fifth Avenue in downtown Zephyrhills.

Other events impacted included the Veterans Day Parade, National Night Out, Halloween Howl and Festival of Lights.

Main Street’s new events coordinator is Paxton McCullough, a recent graduate from the University of Georgia. She takes over for Anna Stutzriem, who resigned in March after more than two years on the post.

The coordinator position is the organization’s lone city-funded employee position.

Published August 12, 2020

Zephyrhills can handle COVID-19 budget impacts

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Cities and towns across the country are gearing up for budget cuts because of prolonged COVID-19 shutdowns, but that isn’t true in Zephyrhills.

Zephyrhills City Manager Billy Poe said the city is in good enough shape financially to handle any lingering effects of the shutdown for the rest of this fiscal year, and for next fiscal year, too.

He provided that reassuring news to city council members at their regular meeting on June 8.

Councilman Charles Proctor was elevated to the role of council president at a June 8 regular meeting. (Courtesy of City of Zephyrhills)

Although state revenues shared with local governments could be reduced by 50% for the months of April, May and June, Poe said that’s “not a super larger part” of the city’s roughly $66 million budget.

The city had larger-than-anticipated revenues at the beginning of the year, which helps to offset lower state revenues, Poe said.

He also noted that some big-ticket purchase items came in under budget.

Plus, the city has flexibility to slow down some city projects that are less critical, he said.

“Talking to the finance director I think we’re going to be OK,” the city manager told the council. “There’s some money that we can move around, so there will be a decrease, but I think we’re going to be OK,” Poe said.

Meanwhile, as the city prepares its 2020-21 fiscal year budget, Poe has directed city department heads “to really hold the line” when prioritizing needs and projects.

Besides the negative revenue impacts caused by COVID-19, the city also is facing higher health care and retirement costs for next fiscal year.

The millage rate will be set during the first week in July. The city will hold two public hearings on its budget, which must be adopted by Oct. 1.

On the upside, the city manager noted a preliminary estimate from the Pasco County Property Appraiser’s Office shows the taxable value of the city up about $42 million, with $35.7 million in new construction value.

“What it’ll do is offset some of those reductions from the state, those lost revenues as a result of COVID-19,” said Poe.

Council swearing-in, reorganization
Like other government organizations, the COVID-19 pandemic forced the Zephyrhills City Council to hold virtual call-in meetings over the past two months or so.

That all changed June 8, when council members gathered inside the Zephyrhills City Hall chambers, for the first time since March 23.

The move came at an appropriate time, as City Clerk Lori Hillman administered the oath of office to Mayor Gene Whitfield and Councilman Alan Knight, who retained their seats since being declared elected unopposed.

Whitfield has held the mayor chair since 2014, when Danny Burgess resigned to run as the area’s state representative in Tallahassee. Whitfield has owned Whitfield Funeral Home in Zephyrhills the past 25 years. He also is former director of The Greater Zephyrhills Chamber of Commerce.

Knight, first elected to Council Seat 2 in 2014, is a retired educator who’s worked mainly in Pasco County Schools as a teacher, coach and administrator.

The swearing-in ceremony also coincided with some council reorganization, which happens each year.

Council Vice President Charlie Proctor was elevated to the role of council president, taking over for Councilman Ken Burgess. Councilwoman Jodi Wilkeson was appointed council vice president.

As council president, Proctor will be responsible for signing official city documents and chairing council meetings, otherwise serving as the leading voice in business agenda items. He last served as council president in 2014.

Proctor commended Burgess.

Said Proctor, “First of all, I would like to thank former Council President Ken Burgess for doing an amazing job this past year. We really had a rough year, a lot of tough decisions we had to make as a council. Not only that, we had to go through this virus that had us meet online, and it was very difficult, and I think Council President Burgess did an amazing job, along with our staff.”

Liaison appointments were decided, too. Burgess was chosen to sit on the Pasco County Tourist Development Council (TDC), in addition to serving as an officer with The Greater Zephyrhills Chamber of Commerce. Other roles remained in place — Proctor serving on the Ridge League of Cities; Wilkeson on Main Street Zephyrhills; and Councilman Lance Smith on the Pasco County Metropolitan Planning Organization (MPO), with the mayor serving as an alternate.

The council also:

• Approved the last plat for Silverado Ranch subdivision, otherwise known as Phases 10B and 11C, situated on the northern boundary of the development

• Accepted an $85,000 facilities grant United States Tennis Center (USTA), for costs related to the Sarah Vande Berg Tennis & Wellbeing Center, 6585 Simons Road, Zephyrhills. The nearly $5 million project is slated to open in July and will include 11 tennis courts, eight pickleball courts and four padel courts, among other features.

• Passed a second reading ordinance and public hearing consenting to the inclusion of the city’s boundaries into the Pasco County Municipal Service Taxing Unit (MSTU) for fire rescue services.

Published June 17, 2020

Zephyrhills joins water contamination lawsuit

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The City of Zephyrhills — also known as “The City of Pure Water” — is joining a massive federal lawsuit regarding contaminated water.

The municipality is set to become a plaintiff in a multi-district litigation case filed against various companies that manufactured firefighting foams — Aqueous film forming foam (AFFF) — containing a series of man-made chemicals found to contaminate groundwater, wastewater and water wells.

Zephyrhills will join more than 100 other cities and water treatment facilities across the country in a federal lawsuit that is going after various companies that manufactured firefighting foam containing chemicals found to contaminate water wells. (File)

The chemicals in question are perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS), compounds historically used in carpets, clothing, food packaging and a number of industrial processes. The chemicals have been linked to human health effects, such as low infant birth weights, immune system suppression, thyroid hormone disruption and cancer, according to health organizations, such as the U.S. Centers for Disease Control and Prevention.

The Zephyrhills City Council unanimously voted on May 11 to enter negotiations for representation with Cossich, Summich, Parsiola and Taylor LLC., a New Orleans-based litigation firm. Local co-counsel will include Tampa-based firms Hobby & Hobby P.A. and Young & Partners LLP. The action came during a virtual council meeting.

Zephyrhills will join more than 100 other cities and water treatment facilities across the country in the lawsuit. Other plaintiffs are as far away as California and North Dakota, and within Florida, including Pensacola and Lauderhill.

The New Orleans firm is known for its work in securing a $7.8 billion settlement for plaintiffs in the BP Deepwater Horizon oil spill case back in 2010. The firm told city leaders it will front the cost of litigation and expert work on a contingency, then would accept a settlement fee.

Officials say high levels of PFOA/PFOS have been discovered in Water Well No. 1 utilized by the city’s downtown fire station for training purposes, dating as far back as 2014.

Samples taken from the well in 2014 showed PFOA/PFOS levels of 160 parts per trillion in water, lower than the Environmental Protection Agency’s (EPA) levels of acceptability of 200 parts per trillion at the time, officials say.

However, in 2016 the EPA established new health advisory levels of PFOA/PFOS at just 70 parts per trillion. Because of that, the well was subsequently taken offline and was no longer in service when follow-up tests measured 120 parts per trillion of PFOA/PFOS, officials say.

Zephyrhills City Manager Billy Poe said that staff is working with environmental engineering group Jones Edmunds on monitoring wells and “to try to delineate contamination plume.”

Poe expects the EPA and Florida Department of Environmental Protection to make requirements for PFOA/PFOS remediation and removal, which he said “will have a very large price tag attached to it.”

Clarke Hobby of Hobby & Hobby P.A., will serve as co-counsel for the City of Zephyrhills, who will be a plaintiff in a federal lawsuit against companies and manufacturers that used a series of man-made chemicals in firefighting foam found to contaminate water wells. (File)

City attorney Matt Maggard concurred with the city manager’s assessment. He emphasized the need to partner with the multiple litigation firms to seek damages from companies that used PFOS/PFAS chemicals in AFFF production.

Maggard put it like this: “Cleanup is coming, and it’s going to be very, very expensive, and I think we should protect the city and seek compensation from these companies. It’s really negligent what they did, in my opinion, as far as knowing the dangers of these chemicals and letting them go out into the public the way they did.”

Attorney Clarke Hobby, a partner in Hobby & Hobby P.A., originally brought the matter to the city’s attention.

A Dade City native who normally deals in real estate and land use matters, Hobby said he felt a calling to be involved and assist the municipality with the developing case.

The attorney said he believes the EPA will even further lower the levels of acceptability for PFOS/PFOA in water sources because “they’re finding that this stuff is not water soluble and it just doesn’t go away and it is a serious threat to water quality.”

Said Hobby, “I just don’t want Zephyrhills to get on the hook for what a multi-, multi-billion company knew about 40 years ago and continued to put it on the market, and leave us holding the bag.”

He added: “The liability for creating this chemical contamination should lie with the manufacturers who knew about this for a long time and allowed the contamination to continue over a longer period of time.”

Upon hearing comments from Hobby, as well as representatives from Cossich, Summich, Parsiola and Taylor LLC, and city administration, the council agreed it was important to move forward in the legal process.

“We definitely have to act on this,” said Council president Ken Burgess.

Councilman Charles Proctor added, “It sounds to me like we are going to deal with this, probably sooner rather than later, so if we’re going to hire a group of attorneys, we would want to hire a (law firm) that’s familiar with this sort of litigation.”

Published May 27, 2020

Zephyrhills OKs alcohol sales at tennis center

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At the forthcoming Sarah Vande Berg Tennis & Wellbeing Center, after a sweaty session of volleys and serves, players will be able to slake their thirst with an adult beverage or two.

The Zephyrhills City Council unanimously approved the sale of beer and wine — but no liquor —  at the city-owned facility’s indoor restaurant/café. The action came during a virtual council meeting on May 11.

The original request for alcohol sales came from Pascal Collard, who’s private management company is operating the $4.9 million tennis center, set to open in July, at 6585 Simons Road in Zephyrhills.

Beer and wine sales will be allowed at the new Sarah Vande Berg Tennis & Wellbeing Center in Zephyrhills. (Courtesy of David Alvarez)

Situated on more than 8 acres of land, the complex will feature 11 outdoor tennis courts built to United States Tennis Association (USTA) standards, plus eight pickleball courts, four padel courts and an event pavilion.

The facility also features an adjoining 7,400-square-foot indoor space that will house the restaurant/café, as well as a fitness and rehabilitation studio, salt/sauna room, cryotherapy, pro shop, kid’s area and more.

Collard expressed the need for a beer and wine license, in a memo to council members. He explained the sale of beer and wine is needed to help lure a new restaurant business partner. Wesley Chapel-based Buttermilk Provisions planned to run the restaurant/café, but backed out following the rise of the coronavirus disease-2019 (COVID-19) pandemic.

“The primary focus of our business is to provide a place where people can gather to play sports, meet friends, benefit from our wellness offers, and spend time over food and drinks,” Collard wrote in the memo.

Alcohol sales could be a “make or break” contract opportunity with any prospective new restaurant partner, Collard noted in the memo.

Council members concurred with Collard’s request, to help him cast a wide net to attract another partner as the state-of-the-art facility readies for a summer opening. Also, they feel confident that the consumption of beer and wine will be done judiciously.

Councilman Lance Smith put it like this: “The tennis folks aren’t going to get all ripped up after they have a tennis match.”

Collard later told The Laker/Lutz News he’s signed on Mike and Sue Prenderville as restaurant partners.

The Prendervilles own Song Printing & Design in downtown Zephyrhills, and Mike once operated one of the largest pubs in London, England, Collard said.

The facility’s restaurant/café would operate for lunch and dinner, with a brunch option on weekends, per the memo. Daily operating hours of the café typically will be 11 a.m. to 10 p.m., then opening at 10 a.m. on weekends. (The tennis complex’s gym will open at 5:30 a.m. everyday, however.)

The restaurant is expected to provide a full menu of hot and cold food, with the ability to offer a juice and protein shake bar and other non-alcoholic beverages.

The ambiance of the facility’s restaurant/café will consist of  “easy listening music,” the memo says. No televisions or dance floor are planned.

Noise will be limited because no loud music will be played, Collard wrote.

The city has previously granted alcohol sales at city-owned, but privately-managed facilities.

Years ago, the council approved such sales at the city-owned municipal golf course, which is leased to a private operator, Zephyrhills City Manager Billy Poe said.

City ordinance allows for the sale of alcoholic beverages within 300 feet of a school, provided seating capacity is not less than 25 and at least 51% of combined gross sales comes from the sale of food and non-alcoholic beverages.

The tennis center’s café will be audited annually to ensure they meet that standard, Poe said.

Meantime, the council also approved a request to use $100,000 from the city’s tree mitigation funds to plant more trees throughout the tennis center property.

The additional funding brings the total landscape budget for the project to $200,000.

The contract for the $4.9 million guaranteed maximum price of construction project had called only for $100,000 for landscaping and irrigation.

As a result of the council’s action, the city’s tree mitigation fund has been reduced to $41,000.

Though the measure passed unanimously, council members advised city staffers to have better cost estimates on large projects in the future.

“We need to make sure something like this doesn’t happen again,” said Smith, noting the original $100,000 allocation for landscaping seemed “a paltry sum” on a nearly $5 million recreation project.

Councilman Jodi Wilkeson pointed out the tree mitigation fund “is only good when development is good.” “When we have a lull in development, it takes a long time to get that (up), so for us to spend it all in (one) fell swoop, makes me a little nervous,” she said.

Council president Ken Burgess said he’s not opposed to using tree mitigation funds for the tennis center, but added, “I just think we maybe need to take a closer look at something like this on the front end so that we don’t end up with something like this on the back end.”

Council members expressed concern about all-but bottoming out the mitigation fund so quickly. The tree mitigation fund is made up of fees property owners and developers pay when they are unable to mitigate trees removed from their property.

In other action, the council:

• Approved a final plat for an additional 20 single-family residential lots in the Zephyr Lakes subdivision, a 63-acre development north of Pretty Pond Road and west of Wire Road.

• Approved purchase of a new public works front-load sanitation truck totaling $269,116.50, using sanitation reserves funds ($174,116.50) and insurance provider funds ($95,000). The purchase replaces a 14-year-old sanitation truck damaged beyond repair in February after a fire formed in the truck’s hopper.

• Passed a first reading ordinance consenting to the inclusion of the city’s boundaries into the Pasco County Municipal Service Taxing Unit (MSTU) for fire rescue services.

Published May 20, 2020

Zephyrhills approves fire department consolidation

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After more than 100 years of tradition and service, the Zephyrhills Fire Department soon will be no more.

Its operations are expected to be consolidated in September, into Pasco County Fire Rescue.

Under the merger, Pasco Fire Rescue would operate the city’s two fire stations and hire all 25 of the city’s fire rescue personnel at their proper pay step, pending background checks. The county agency would ensure and maintain additional staffing needs at both stations, and place an ambulance within the city limits. (Courtesy of Pasco County Fire Rescue)

The Zephyrhills City Council unanimously approved an interlocal agreement with Pasco County to provide fire suppression/first responder services to the municipality. The action came during an April 27 virtual council meeting.

Per the agreement, Pasco Fire Rescue would operate the city’s two fire stations and hire all 25 of the city’s fire rescue personnel at their proper pay step. The county agency would ensure and maintain additional staffing needs at both stations, and place an ambulance within the city limits.

The agreement calls for a 20-year term, with automatic 20-year renewals, unless the city or county provides written notice at least a year prior to the end of a term.

For a merger to take effect, the Pasco County Commission must approve a corresponding agreement. Also, consenting ordinances allowing the county to charge city residents an MSTU (Municipal Service Taxing Unit) for firefighter services will need to be passed at a later date.

Under the agreement:

  • Zephyrhills will continue to handle plans review, fire and building code administration, and annual inspections
  • Zephyrhills will provide Pasco with final approved as-built plans for any new commercial construction
  • Pasco will provide a water usage report to Zephyrhills for any water used through city hydrants
  • Should Pasco not utilize a city station as an operational fire station, Zephyrhills will have the first right of refusal to purchase the property back at its then assessed value
  • Zephyrhills will allow Pasco Fire Rescue housed at Station 25 to use the City Hall parking lot

The agreement also gives transferred city fire rescue employees the option to remain in the Zephyrhills fire stations for six months. After that, each employee will be required to bid to stay in the local stations.

Under the terms, Zephyrhills also agrees to conduct soil remediation at the downtown fire station, if required by the Florida Department of Environmental Protection.

Separately, the city has agreed to waive any employee tuition reimbursement requirements.

It also has agreed to pay each current Zephyrhills fire rescue union member 50% of remaining sick time above 120 hours that is being transferred to Pasco, and to award all vacation time up to 500 hours and all accrued comp time.

The agreement (as well as extended employee benefits) will cost the city roughly $5.5 million total and will generally be spread out over a period of seven years, Zephyrhills City Manager Billy Poe said.

The Zephyrhills City Council unanimously approved an interlocal agreement that will allow the city’s fire department to be consolidated by Pasco County Fire Rescue. The merger is expected to occur in September. (File)

After fiscal year 2027, the city won’t have to pay the county for fire rescue services — as it’d be solely propped up by an MSTU assessed to city residents and commercial entities, similar to how Dade City receives such services.

For comparison’s sake, the city’s fire department budget the last two years was $3.3 million in fiscal year 2019 and $2.8 million in fiscal year 2020 — nearly totaling the amount the city is prepared to pay the county to take fire rescue operations off its hands in perpetuity.

The fate of the local fire department had been coming for some time.

Besides a ballooning annual budget, Zephyrhills Fire Rescue battled personnel turnover, staffing shortages and outdated equipment over the years.

Also, the city hasn’t had a fire chief for over 18 months, instead splitting those duties among  three battalion chiefs.

Following formal negotiations with the county that been ongoing since last July, Zephyrhills leaders now feel they have an agreement that takes care of the city’s firefighters, enhances fire rescue services for the community and minimizes the city’s costs.

Council president Ken Burgess described the merger as “a difficult, momentous, emotional day for the city.”

He added: “I think we can look at it as a positive moving forward for the city’s firefighters and everyone involved.”

Fellow council members echoed similar sentiments.

Councilwoman Jodi Wilkeson said, “We really feel like we negotiated the very best possible deal for the firefighters. I don’t think any of us are happy about the fact that we’re losing what’s a 100-year tradition for our community, but the bottom-line line is that our long-term fiscal health for the city was dependent upon this merger.”

Councilman Charlie Proctor pointed out, under the merger, the city’s two firehouses finally will be at full staff and will have transport units. That’s something, he said, the city has not had for decades.

“I believe the end result was fair for everybody, and I also believe in the long run the citizens will be served more safely,” Proctor said.

Zephyrhills firefighter union president Travis Geiger, who was heavily involved In negotiations, said union membership supported the merger by a supermajority vote and is “on the same page” with the city’s consolidation plan.

“It’s been quite the journey,” Geiger said.

The entire process required “much discussion, and back and forth, and headaches and everything else,” he said.

The history of the city’s fire department dates back to 1915, when it started as a volunteer organization. Since the 1970s, it has had a paid professional staff.

To preserve a sliver of that history through the consolidation, city officials said fire engines and vehicles will have signage along the lines of “Proudly Serving Zephyrhills,” even though equipment will now be owned and operated by Pasco Fire Rescue.

Published May 06, 2020

Officials express guarded optimism through COVID-19

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As Florida slowly lifts stay-at-home orders — caused by concerns about potential spread of  coronavirus disease-2019 (COVID-19)  —  local leaders and officials are taking a positive, yet guarded, outlook.

They are hopeful that the regional and state economy can rebound sooner than later.

Pasco County Commissioner Ron Oakley (File)

Many retailers and restaurants have announced plans to reopen to modified dine-in and foot traffic, while more parks and beaches are reopening with restrictions.

Signs of optimism are beginning to show, state Rep. Randy Maggard, R-Dade City said, during an April 28 virtual town hall meeting presented by The Greater Zephyrhills Chamber of Commerce.

“A lot of people feel we’ve crossed the high point of (COVID-19) and we’re on the downward slide. We hope so,” Maggard said.

In the same breath, he urged people to continue to take necessary safety precautions and “use common sense” in public gatherings.

“It will be good to get our economy going. It’s been tough for a lot of businesses here, it’s been tough for a lot of individuals,” he said.

Maggard also addressed “the 800-pound gorilla in the room” during the speaking engagement. And, that’s the fact that the Florida Department of Economic Opportunity (DEO) is having trouble managing the massive volume of people filing for unemployment benefit claims.

The state representative pointed out roughly 40% of the 1.8 million claims filed have been either bogus or scams. That has led to further delays in legitimate applicants getting their unemployment benefits, he said.

“The process just takes long when you have to deal with things like that,” Maggard said, adding the DEO is expected to have those issues resolved soon.

Pasco County Commissioner Ron Oakley, like Maggard, has an optimistic view of the future of the local economy and markets, overall.

“Things will get better. There is a light at the end of that long tunnel we didn’t think we’d have,” Oakley said.”

He said Pasco government activities have not slowed, in the midst of COVID-19.

Oakley noted that neighboring counties haven’t been so lucky as to keep operations moving along when it comes to handling regular tasks, such as reviewing building permits.

“We’ve continued to work, as we do normally,” Oakley said, “except most of our people are working from home instead of our offices.”

Oakley, 74, is still taking the virus quite seriously, however.

He reported the county had 241 positive coronavirus cases and six deaths, as of April 28. One place particularly “hit hard” is the Royal Oak Nursing Center in Dade City, with 20 positive COVID-19 cases, he said.

The commissioner acknowledged most of the people who’ve died from the disease have had pre-existing conditions. But, he added: “This is not the flu. It’s a little more infectious than the flu is.”

So, while businesses start opening with some semblance of normalcy, Oakley said he’s not yet  comfortable to enter a restaurant or other public spaces.

“You probably won’t see me out in a restaurant, that’s just my feeling,” said Oakley. “Of course, I’m of the age that the virus will treat me a lot worse than it would for younger people, but I think there’s probably a pretty large percentage of young people, middle-aged people that will do that, they’ll go right back out, they’re not fearful of any of that, and hopefully they’re taking precautions.”

Like Oakley, Zephyrhills Police Chief Derek Brewer remains concerned about the serious nature of COVID-19 and feels it isn’t going away anytime soon — witnessing the virus’s impact on the frontlines.

Brewer said there’s an expectation the county’s coronavirus cases could peak sometime around mid-May, based on joint conversations with the Pasco Sheriff’s Office and Pasco County Emergency Management.

“We may be getting close to opening the state,” Brewer said, “but, I don’t think we’re going to be ready yet to open it up completely yet.”

The police chief reported Zephyrhills has 25 positive COVID-19 cases as of April 28, representing more than 10% of all cases in the county. Additionally, the department is tracking a total of 48 addresses under investigation as possible COVID-19 cases as of that date.

Meanwhile, Brewer said the local law enforcement agency has observed spikes in domestic violence and disturbance cases, as well as increased juvenile problems, during the course of the pandemic.

On the other hand, the department has seen fewer accidents and total calls for service overall.

With fewer service calls, Brewer said officers have placed more focus on performing spot checks on local businesses that may not be in compliance with state executive orders.

He also noted the department has enacted an “extensive screening process” to determine whether someone absolutely needs to be sent to jail after an arrest. That approach is being taken to try and limit the spread of COVID-19 within the local criminal justice system.

He said the pandemic “has been a been a unique challenge for law enforcement.”

City of Zephyrhills pushing through COVID-19
Zephyrhills City Manager Billy Poe also offered an update on some of happenings within the East Pasco municipality throughout the town hall discussion.

Despite the COVID-19 outbreak, Poe said the city is “open for business, so there are still a lot of projects that are going on.”

The Greater Zephyrhills Chamber of Commerce organized an April 28 virtual town hall meeting featuring a panel of area leaders and representatives, discussing the various impacts of the coronavirus disease-2019 (COVID-19) pandemic. (Courtesy of The Greater Zephyrhills Chamber of Commerce)

For instance, work is progressing on multiple subdivisions and communities that will bring hundreds of new homes to the area. Those projects include the Oaks at Pasco and Links at Calusa Springs located on both sides of Simons Road; District at Abbott’s Square near the forthcoming Sarah Vande Berg Tennis & Wellbeing Center; and Abbott Park, situated on the former Gore’s Dairy property that wraps behind the Publix Super Market at Zephyr Commons on Gall Boulevard.

Several commercial developments are moving along, too.

A couple notable projects under final site plan review include a new Veterans Administration clinic along Eiland Boulevard, as well as the Crystal Bar rebuild on Gall Boulevard, a longtime community staple destroyed in a fire last May.

Poe said a Chipotle Mexican Grill franchise at Zephyr Commons “is projected to come here in the next few months.” Also, the Chancey Partners industrial park project continues its build out with “a lot of businesses going in at that location.”

Poe touched on various city-related projects, as well:

  • Relocation of the U.S. 301/Pretty Pond Road traffic signal should get underway in August, spurring development in that area, which he said will eventually include a Chick-fil-A franchise
  • Sarah Vande Berg Tennis & Wellbeing Center construction “continues to be strong” and should be complete around July or August
  • Road paving and resurfacing has been ongoing at various city streets the past several weeks

Elsewhere, the city manager encouraged residents to continue to support local businesses “either by takeout or gift cards or anything that you can do.”

He also noted he’s in conversation with Zephyrhills High School Principal Dr. Christina Stanley to “plan something special” for graduating seniors, such as a parade or other community-wide gathering at some point.

Other speakers during the town hall included Zephyrhills Mayor Gene Whitfield and Zephyrhills City Council president Ken Burgess.

Published May 06, 2020

Fire department merger talks continue

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The Zephyrhills Fire Department soon could consolidate into Pasco County Fire Rescue, but myriad issues are still being negotiated.

The Zephyrhills City Council held a March 2 workshop to review a county-drafted interlocal agreement that would provide fire suppression/first responder services for the municipality.

Under the agreement, Pasco Fire Rescue would operate the city’s two fire stations and would absorb the city’s fire department personnel at their proper pay step. The county agency would ensure and maintain additional staffing needs at both stations and place an ambulance within the city limits.

The negotiations are a result of a unanimous council decision last July to direct city staff to begin formal consolidation talks with Pasco County Fire Rescue.

The City of Zephyrhills is in negotiation with Pasco County regarding a proposal for the Zephyrhills Fire Department to become part of Pasco County Fire Rescue. The Zephyrhills City Council would need to approve any consolidation agreement. (File)

The impending merger is due in part to funding and staffing issues that have plagued the city’s fire department for several years.

With a merger, Zephyrhills property owners would pay for county fire rescue services through a Municipal Service Taxing Unit, or MSTU.

City officials say that an MSTU for fire services is expected to have less financial impact on city residents and commercial entities than a fire assessment fee.

During the 90-minute workshop, however, city leaders expressed reservations about several aspects of the drafted proposal.

One of the larger concerns involves the amount of leave hours that a Zephyrhills Fire Department employee would be allowed to transfer to the county.

Based on the agreement, the Zephyrhills fire employee could transfer a maximum of 48 hours of annual and sick leave to the county.

Zephyrhills firefighter union leader Travis Geiger and city staff both object to that limit.

Geiger is a 13-year Zephyrhills fire veteran with more than 1,000 hours of vacation and sick leave on the books.

“Some of us have accumulated a lot of hours, and now we’re not going to have that,” Geiger told the council.

“For me to go over and now suddenly have only 48 hours and be a 13-year employee, I do feel like there’s a certain amount of time off that I’ve earned, that when I want to take a day off, I would like to be able to take that day off; that’s part of the longevity, and that goes for anybody,” he said.

Geiger said he understands the county’s point of view — a concern that Zephyrhills fire employees would “just take a bunch of time off” when they move over to Pasco Fire Rescue.

He suggested that city staff negotiate for 50% of what each Zephyrhills fire employee has accumulated.

“It seems like an easy number,” Geiger said. “I’m not taking all of it…but, it gives me a little bit of cushion.”

Issues remain unresolved
Another concern involves the proposed requirement that a Zephyrhills fire employee must have eight years of service with the county before receiving retiree group health care.

That requirement would pose a problem for four Zephyrhills fire employees, who’ve been with the city for more than 20 years and have less than five years to go until earning retirement status.

Geiger said he believes there’s “some amount of wiggle room” for the county to take care of the longest-tenured employees on a case-by-case basis.

“We’re trying to reduce that eight years,” Geiger said. “The eight years was a number (the county) pulled out of the sky.

Zephyrhills firefighter union leader Travis Geiger addresses the Zephyrhills City Council at a March 2 workshop regarding consolidation negotiations with the Zephyrhills Fire Department and Pasco County Fire Rescue. (Kevin Weiss)

“I think they’re willing to lower that number again,” he said, and he thinks “their concern is they don’t want people to work for a day and quit.”

Zephyrhills City Manager Billy Poe also had some issues.

He pointed out various financial errors in the agreement — such as how the city isn’t properly credited for transferring over fleet and equipment to the county, which he said could mean a net positive swing of at least several hundred thousands of dollars.

The city manager also questioned a “Public Service Answering Point” charge, which states the city must pay the county $17.47 for each emergency 911 call for medical/fire rescue services. Based on the roughly 4,000 calls the city had last year, that would equate to about a $70,000 charge each year, Poe said.

“That number may be justified,” Poe said, but he needs to see the breakdown of where the costs are coming from.

Another issue that needs further discussion involves the county’s push to handle plan reviews for all new construction within city limits, Poe said.

The city has an in-house building official.

Poe said he understands the county’s perspective, as its firefighters would be the ones going into various building structures.

But, he said, “we want to be able to control the development and the pace of development and the timeframes that these plans are approved.”

City council president Ken Burgess agreed: “We don’t want our development at the mercy of somebody else’s department, so we need to make sure we find a solution for that.”

Elsewhere, the city is seeking a 20-year contract with automatic renewals with the county, as opposed to a 15-year agreement with automatic renewals the county has proposed.

The city also wants more information from the county on such issues as: the costs for Pasco Fire Rescue to conduct home assists for city residents (helping someone who’s fallen to the floor and can’t get up); and costs to cover special events, like Pigz in Z’Hills BBQ & Blues Fest and the Founders Day Parade and Heritage Festival.

City staff will again meet with county fire leadership on March 11.

The hope is to have a finalized agreement in place by June, nearly a year after the council directed staff to begin formal negotiations.

Burgess put the status of negotiations like this: “It seems like it’s taking a long time, which it is, but I can see why it’s taking a long time, too, because we’re just having to go back and forth.

“As we said from the beginning, we want to look for as close to a perfect solution as we can get, and knowing that all sides are going to have to give a little somewhere to achieve that.”

Councilman Alan Knight added the impending fire department merger is “maybe the biggest step this council has taken in a long time.”

He asked negotiators to protect the city and the interest of the firefighters, as they continue their discussions.

Published March 11, 2020