link to Pinellas County home page

Pinellas County BCC Meeting Results- February 18, 2003

Meeting Date February 18, 2003 * 3:05 p.m.

RESULTS KEY

Approved

+

Denied

X

Temporarily Deferred

TD

Public Hearing

PH Date

 

INVOCATION

PLEDGE OF ALLEGIANCE to the Flag of the United States of America

PRESENTATIONS & AWARDS

+ A. CONSENT AGENDA

CLERK OF THE CIRCUIT COURT

1. Approval of Minutes - Regular Meeting Held on January 21, 2003.

2. Reports:

a. Juvenile Welfare Board of Pinellas County Interim Fiscal Reports (Unaudited) Dated December 31, 2002.

b. Palm Harbor Community Services Agency, Inc., Financial Statements for Fiscal Year Ending September 30, 2002, Together with Independent Auditor's Report.

c. Pinellas Park Water Management District Annual Financial Report of Units of Local Government for Fiscal Year 2001-02, Together with Independent Auditor's Report and General Purpose Financial Statements for the Fiscal Year Ended September 30, 2002.

d. Internal Audit Report No. 2003-02 Dated January 30, 2003 - Audit of the Building Department.

3. Other Approvals.

a. General - None.

b. Vouchers and Bills Paid.

4. Miscellaneous Items to be Received for Filing.

a. Florida Public Service Commission Notice of Commission Hearing Regarding Docket No. 020412-TP Held February 6, 2003 in Tallahassee.

b. City of Largo Notice of Annexation Hearings Regarding Ordinances Nos. 2003-38 through 2003-41 Held February 4, 2003.

c. Pinellas Park Water Management District Minutes of Regular Authority Meeting No. 3 Dated December 19, 2002, Together with Financial Statement dated December 2002.

d. Appraisal of McDermott Parcel, a 15.50 Acre Residential Tract Located at the End of Old East Lake Road, Pinellas County, Prepared by Corson & Associates, Inc., Dated October 14, 2002.

COUNTY ADMINISTRATOR

Public Works

5. Approval to Release Sureties and Record Plat.

Utilities

6. Approval of Awards of Bid:

a. 10" Force Main Replacement at 118th Avenue North, 2" Galvanized Water Main Replacement at 118th Avenue North, Stormwater Intake Structure at Pond "A" for Bridgeway Acres Landfill.

b. Water and Reclaimed Mains Installation Annual Requirements for 2003.

c. St. Pete Beach Reclaimed Water Extension.

7. Approval of Final Owner Controlled Insurance Program (OCIP) Insurance Premium Payment to Acordia Southeast for Solid Waste Retrofit Project.

8. Approval of Change Order No. 2 (Final) to the Hydrogen Sulfide Water Feed System and Release of Retainage.

Other Departments

9. Approval to Proceed with Foreclosure Action against Pledged Property II, L.L.C. (Community Development).

10. Receipt and File of Items Delegated to the County Administrator for Signature (County Administrator).

11. Adoption of a Resolution for Assessment of Liens against Lands Cleared (Environmental Management).

12. Approval of Award of Bid for a Mobile Medical Clinic Vehicle (Fleet Management).

13. Approval of Final Option of Renewal for Lease and Maintenance Agreement of Studio Apartment Located at 113 10th Avenue, St. Pete Beach (General Services).

14. Approval of Recommendation to Declare Miscellaneous County Owned Equipment as Surplus and Authorize its Donation (Purchasing).

15. Approval of Recommendation to Declare Miscellaneous County Owned Equipment as Surplus and Authorize its Sale (Purchasing/Tax Collector).

16. Receipt and File of Quarterly Report of Claim Settlements for the Period of September 1, 2002 through December 31, 2002 (Risk Management).

B. REGULAR AGENDA

None 17. Items for Discussion from Consent Agenda (County Administrator and Clerk of Circuit Court).

COUNTY ADMINISTRATOR

Airport

+ 18. Approval to Execute an Agreement for Airside General Engineering Consultant Services.

+ 19. Approval to Execute an Agreement for Landside General Engineering Consultant Services.

+ 20. Approval of a Non-disturbance and Consent Agreement with Sheltair St. Petersburg, L.L.C.

Public Works

TD 21. Approval of the Installation of Three Speed Humps on Ridge Road between Orange Street and North Street.

+ 22. Approval of the Installation of Two Speed Humps on Whisperwood Drive between Feather Sound Drive and Heron Place.

+ 23. Approval of Award of Bid for the Annual Contract for Construction of Underdrains and Minor Drainage.

Utilities

+ 24. Approval of a Joint Project Agreement with the Florida Department of Transportation for SR 688 (Ulmerton Road) East of Oakhurst Road to East of 119th Street for Utility Relocation.

+ 25. Approval of an Agreement for Professional Consulting Services for Water Storage Tank Modifications.

+ 26. Approval of an Agreement for Design Professional Services for Logan Laboratory Additions/Renovations.

Other Departments

+ 27. Approval of an Agreement to Acquire Right-of-Way for Parcel No. 08/30/15/70470/100/1800 for Improved Property Lying within the Dansville Redevelopment Area (Community Development).

+ 28. Approval of a Noncompetitive Purchase-Maintenance Agreement for 9-1-1 Emergency Telephone and Recording Equipment (Emergency Communications).

+ 29. Approval of Amendment No. 1 to the Professional Services Agreement for Architectural Programming for the Jail Expansion Phase 2 Health Care Facility, 14400 49th Street North, Clearwater (General Services).

+ 30. Approval of a Recreation License Agreement with Pinellas NBL Parents Council, Inc. (General Services).

+ 31. Adoption of a Resolution to Authorize the Sale of Airport Property to the Pinellas County School Board for a School, Approve the Contract for Sale and Purchase of Airport Property, Waive the Mineral Rights Reservation, and Authorize Execution of the Deeds (General Services).

+ 32. Adoption of Resolutions (Management and Budget):

a. Supplementing the Fiscal Year 2003 General Fund Budget for the Sheriff's Boot Camp Program.

b. Supplementing the Fiscal Year 2003 General Fund Budget for the Sheriff's Contract with the City of Clearwater for Law Enforcement Services.

c. Supplementing the Fiscal Year 2003 County Transportation Trust Fund Budget for U.S. Highway 19 Wayfinder Signage Project.

+ 33. Approval of a Request by the City of St. Petersburg to Approve an Ad Valorem Property Tax Exemption for a Historic Structure, the Seaboard Coastline Building (Planning).

+ 34. Approval of Third Amendment to the Contract to Audit County Financial Statements and Records Pertaining to the Pinellas County Health Service Program, Indigent Health Care (Social Services).

+ 35. Approval of a Grant Award from the United States Department of Health and Human Services' Health Resources and Services Administration (Social Services).

None 36. Other Administrative Matters.

COUNTY ATTORNEY

+ 37. Request Authority for County Attorney to Defend:

a. Bank of America, National Association v. Victor Camilo Lopez, et al - Circuit Civil Case No. 03-319-CI-20 - Mortgage Foreclosure Involving a Judgment for Attorney Fees and Costs and a Judgment for Fine and Costs.

b. Citifinancial Mortgage Company, Inc. v. the Estate of Pearline Poinsette, Deceased, et al - Circuit Civil Case No. 03-476-CI-11 - Mortgage Foreclosure Involving a Deferred Payment Mortgage.

c. First Nationwide Mortgage Corporation v. Wanda F.C. Wilson, et al - Circuit Civil Case No. 03-301-CI-13 - Mortgage Foreclosure Involving a State Housing Initiative Partnership Mortgage and a Low Interest Loan Mortgage Modification Agreement.

d. Wells Fargo Bank Minnesota National Association v. Darryl Gainer, et al - Circuit Civil Case No. 03-484-CI-7 - Mortgage Foreclosure Involving Judgments for Attorney Fees and Costs and a Judgment for Fine and Costs.

e. Donna Cook v. Arthur Tetreault, Florida Department of Transportation, Pinellas County, and the TBE Group, Inc., et al - Circuit Civil Case No. 00-004937-CI-007 - Allegations of Negligence Resulting from a Motor Vehicle Accident.

f. Richard Dodge v. Pinellas County - Circuit Civil Case No. 03-1016CI-7 - Allegations of Violation of Whistleblower's Act.

g. John Karas, et al v. State of Florida, et al - Circuit Civil Case No. 03-333-CI-7 - Quiet Title Action.

h. Willie M. Lightfoot v. Sheriff Everett Rice, et al - U.S. District Court Case No. 02-CV-1818 - Allegations of Excessive Force and Denial of Medical Treatment, Due Process and Equal Protection.

i. Estelle Scalice v. Pinellas County - Circuit Civil Case No. 02-9575-CI-8 - Allegations of Negligence Resulting in Personal Injuries.

j. Harvey L. Seybold, Jr. v. Pinellas County - Circuit Civil Case No. 03-510-CI-7 - Quiet Title Action.

k. Steven Blair Sullivan v. Timothy Connelly, Craig Chaisson, Ural E. Darling, Randall Speakman and Everett Rice - Case No. 8:02CV2353-T-27MAP - Allegations of Civil Rights Violation, Wrongful Arrest and Incarceration and Misidentification by Deputy Sheriffs.

l. Naomi M. Whiting v. Eugene R. Lebrecht, Christopher N. Hale, Ural E. Darling and Everett Rice, Sheriff, Pinellas County - Case No. 8:02-CB-2330-T-30MSS - Allegations of Civil Rights Violation, Wrongful Arrest and Incarceration and Misidentification by Deputy Sheriffs.

m. Michael T. Wilfeard and Kathleen I. Wilfeard, His Wife v. Mark T. Seymour and Patricia A. Seymour, His Wife, and Pinellas County - Circuit Civil Case No. 03-178-CI-21 - Seeking Injunctive Relief, Mandatory Injunction against the County and Declaratory Judgment against the County.

n. Deneen S. Wright v. Sheriff Rice, et al - Circuit Civil Case No. 02-6594-CI-20 - Claim No. 01-64120 - Allegations of Injuries Due to a Vehicle Chase.

+ 38. Request Authority for the County Attorney to File a Small Claims Action against the Estate of Richard Arlen Coltman on Behalf of Sunstar for Unpaid Ambulance Bills.

+ 39. Request Authority for the County Attorney to Initiate Legal Action against Extendicare d/b/a Arbors at St. Petersburg to Recover Unpaid Bills for Sunstar Services Rendered to Their Residence at Their Request.

PH 6/1040. Request Authority to Advertise for a Public Hearing for Adoption of Proposed Fireworks Ordinance.

+ 41. Request Authority for the County Attorney to File Suit to Set Aside Judgment in the Case of Bebe D. Tindal v. Raymond Varner and T. Mozelle Varner, His Wife - Pasco County Case No. 91-341CA Div. H.

+ 42. Request Authority for the County Attorney to File Suit in the Case of Pinellas County v. Pan American Airways Corp.

+ 43. Request Authority for the County Attorney to Initiate Litigation in the Case of Pinellas County v. Fantasy in Lingerie, etc.

+ 44. Approval of Local Travel Reimbursements for Court Administration.

+ 45. Recommendation of Settlement in the Case of Georgette LaFalcia and William LaFalcia, et al v. Pinellas County Sheriff's Department - Circuit Civil Case No. 01-7477-CI-11.

46. Miscellaneous.

  • Update re slip and fall jury trial - jury rendered verdict on behalf of County.

C. AUTHORITIES

ECONOMIC DEVELOPMENT

+ 47. Adoption of a Resolution for Issuance of Pinellas County Industrial Development Authority Revenue Bonds for Ruth Eckerd Hall (PACT, Inc., Project) Series 2003. (See Companion Item No. 54.)

WATER AND NAVIGATION

X 48. Appeal of Approval of Application P32009-02, Giao Nguyen, 945 Bayshore Boulevard, Tampa Bay, Safety Harbor.

X 49. Appeal of Approval of Application P31034-02/Revised, Dennis or Julie Gulkis, 941 Bayshore Boulevard, Tampa Bay, Safety Harbor.

D. COUNTY ADMINISTRATOR REPORT

50.

    1. Annexation update
    2. Building Department update

E. COUNTY COMMISSION

51. Miscellaneous.

Commr. Welch: ITB Visioning Session to be held Thursday, February 20 re governance issues.

Commr. Todd: Legislative issues.

Commr. Stewart: Update re Transportation Impact Fee Task Force meeting; tour of water desal plant and reservoir.

Commr. Latvala: Tampa Bay Water update; 1906 Committee re Senate Bill 1906.

Commr. Harris: Safety of water; future broadcasting of PSTA meetings; and water conservation tip re lawn watering.

Chairman Seel: Redevelopment Steering Committee update; Metropolitan Planning Organization update; and reminder re African-American celebration to be held February 22 at Heritage Village.

6:34 P.M.

PRESENTATIONS AND AWARDS
* * * * * *
SHADOW MEETING SCHEDULED FOR FEBRUARY 25, 2003 AT 9:00 A.M. RE LITIGATION MATTERS RELATING TO BILLBOARD LITIGATION.

F. CITIZENS TO BE HEARD

Any Person Wishing to Speak at This Time (Excluding Issues on the Agenda or Previously Acted on by the BCC) Must Have a Card Filled Out and Turned in to Staff at the Administrative Table Located at the Front of the Board Room.

G. SCHEDULED PUBLIC HEARINGS

The Procedure Used by the Board of County Commissioners in Conducting Public Hearings Is to Have a Staff Presentation Followed by the Applicant Presenting the Specific Proposal. The Board Will Then Hear Comments From the Proponents Followed by Comments From the Opponents and a Staff Summary. The Applicant Will Then be Given an Opportunity to Close and the Board of County Commissioners Will Decide on the Matter. Please Refer to the Back of Your Agenda Copy for More Details on Guidelines for Time Limitations and Opportunities to Speak.

WATER AND NAVIGATION

Pursuant to the Provisions of Chapter 31182, Laws of Florida (1955), as Amended, it is the Policy of the Pinellas County Water & Navigation Control Authority that all Persons Giving Testimony on Matters Relating to Application for Dredge, Fill, or Dock Permits do so Under Oath. If You Wish to Make Statements or Give Testimony Concerning any of the Water & Navigation Items, Please be Prepared to Stand and Take the Oath When Requested to do so by the Clerk.

+ 52. Dredge and Fill Application D/F-1389, Belle Harbor, LLC, 501 Mandalay Avenue, Clearwater Harbor, Clearwater.

+ 53. Multi-Use Dock Application M32160-02, Belle Harbor, LLC, 501 Mandalay Avenue, Clearwater Harbor, Clearwater.

SCHEDULED PUBLIC HEARINGS - BCC

+ 54. TEFRA Public Hearing on Proposed Issuance of Pinellas County Industrial Development Authority Revenue Bonds in an Aggregate Principal Amount Not to Exceed $8,100,000 for Ruth Eckerd Hall (PACT, Inc. Project), Series 2003. (See Companion Item No. 47.)

55. Planning and Zoning Applications Heard by the Examiner:

+ a. Z/LU-1-12-02
Application of Jose A. Perez-Arce for a Change of Zoning from R-3, Single Family Residential to P-1A, Limited Office and Land Use Change from Residential Low to Residential/Office Limited on Approximately 0.142 Acre on the West Side of Belcher Road, 80 Feet South of 14th Avenue Southeast (Street Address: 1424 Belcher Road, Parcel ID No. 01-30-15-86382-000-0040).

+ b. Z-3-12-02
Application of Charles J. and Joan Brown and Charles W. and Peggy B. Beville for a Change of Zoning from AE, Agricultural Estate Residential to E-1, Estate Residential on Approximately 3.53 Acres on the South Side of Union Street, 355 Feet East of Landmark Drive (Street Addresses: 2965 and 2955 Union Street, Parcel ID Nos. 05-29-16-00000-110-0400 and 05-29-16-00000-110-0300).

+ c. Z-2-1-03
Application of American Housing Corporation through Stuart Cohen, c/o American Housing Corporation, Representative, for a Change of Zoning from R-6, Mobile Home Parks and Subdivisions to R-3, Single Family Residential on Approximately 0.145 Acre on the South Side of 109th Terrace North, 300 Feet West of 60th Street North (Parcel ID No. 17-30-16-33402-000-0750).

+ d. Z-3-1-03
Application of Alexandre and Alla Panteleer for a Change of Zoning from C-2, General Retail Commercial and Limited Services District to R-4, One, Two or Three Family Residential on Approximately 0.213 Acre at the Northeast Corner of 28th Street North and 40th Avenue North (Parcel ID Nos. 02-31-16-16344-004-0050 and 02-31-16-16344-004-0060).

+ e. Z-4-1-03
Application of Barron's Air Conditioning and Appliance Service, Inc. through Stephen Barron, c/o Barron's Air Conditioning and Appliance Service, Inc., Representative, for a Change of Zoning from M-2, Heavy Manufacturing and Industry to M-1, Light Manufacturing and Industry on Approximately 0.346 Acre on the South Side of Tampa Road, 888 Feet West of U. S. Alternate Highway 19 (Parcel ID No. 11-28-15-29916-000-0090).

+ f. Z/LU-5-1-03
Application of Bayou Marketing Group, Inc. through Norman Cullen Jr., c/o Bayou Marketing Group, Inc., Representative, for a Change of Zoning from AE, Agricultural Estate Residential and C-2, General Retail Commercial and Limited Services District to P-1A, Limited Office and PC, Preservation Conservation and Land Use Change from Preservation to Residential/Office Limited and Preservation on Approximately 3 Acres at the Northeast Corner of U. S. Alternate Highway 19 and Blue Moon Boulevard (Parcel ID Nos. 11-28-15-32652-000-0120, 11-28-15-32652-016-0010 and 11-28-15-32652-024-0010).

TD 5/6 g. Z/LU-3-10-02
Application of R2 Property Co., Ltd., Inc. through Keith E. Zayac, P.E., Representative, for a Change of Zoning from R-6, Mobile Home Parks and Subdivisions to C-2, General Retail Commercial and Limited Services District, a Land Use Change from Residential Medium to Commercial General and a Developer's Agreement on Approximately 4.97 Acres on the Southeast Corner of 54th Avenue North and Haines Road (Also Known As 2500 54th Avenue North, Parcel ID No. 02-31-16-00000-110-0100).

TD 60 days h. Z-1-1-03
Application of Anclote Development, Inc., through Charles M. B. Ross, Representative, for a Change of Zoning from R-6, Mobile Home Parks and Subdivisions and AE, Agricultural Estate Residential to R-2, Single Family Residential on Approximately 4.2 Acres on the West Side of Jasmine Avenue and 310 Feet South of Mary Lane (Parcel ID No. 12-27-15-89982-089-0000).

7:50 P.M. ADJOURNMENT