| AGENDA – Regular Public Meeting | Pinellas County |
| Board of County Commissioners (BCC) | |
| 9:30 A.M. | March 9, 2004 |
| RESULTS KEY | |
| Approved | |
| Denied | |
| Temporarily Deferred | |
| Public Hearing | |
| Withdrawn | |
PLEDGE OF ALLEGIANCE to the Flag of the United States of America
A.
CITIZENS TO BE HEARD
Any Person Wishing to Speak at this Time,
Excluding Non-Public Hearing Items on the
Agenda or Issues Previously Acted on by the
Board of County Commissioners, Must Have a
Yellow Card Completed and Given to the Board
Secretary at the Staff Table Located at the
Front of the Board Room. The Chairman will
Call Each Speaker, One by One, to the Podium
to be Heard. Each Speaker May Speak up to
Three (3) Minutes.
H.
Patrick Wheeler, Palm Harbor, re parking lot
for County employees.
Stan Mioduszewski, Seminole, re enforcement
of liquor sales ordinance.
B.
SCHEDULED PUBLIC HEARINGS
Any Person Wishing to Speak about a Public
Hearing Item Shall Complete a Blue Card and
Submit it to the Board Secretary at the Staff
Table Located at the Front of the Board Room.
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.
COUNTYWIDE
PLANNING AUTHORITY
Consideration of the Following Proposals to
Amend the Adopted Countywide Future Land Use
Plan:
SUBTHRESHOLD AMENDMENTS
1.
a. Case CW 04-7 – South Pasadena.
Location – 0.9 Acre Located on the Southwest Corner of Pasadena Avenue and Sun Island Drive South; Amendment from Commercial General to Residential Low Medium.
b. Case CW 04-10 – Pinellas County.
Location – 0.2 Acre Located on the North Side of 56th Avenue North, 118 Feet West of 34th Street North; Amendment from Residential Urban to Commercial General.
c. Case CW 04-12 – Pinellas County.
Location – 0.8 Acre Located on the East Side of 83rd Street North, 158 Feet North of Park Boulevard North; Amendment from Commercial General to Residential Medium.
REGULAR AMENDMENTS
2.
a. Case CW 04-8 –Clearwater.
Location – 1.5 Acres Located on the Southeast Corner of South Fort Harrison Avenue and Jeffords Street; Amendment from Industrial Limited to Commercial General.
b. Case CW 04-9 – Clearwater.
Location – 1.3 Acres Located on the South Side of Gulf-to-Bay Boulevard, Approximately 850 Feet East of Belcher Road; Amendment from Residential Low Medium to Commercial General.
c. Case CW 04-11 – Pinellas County.
Location – 1.5 Acres Located on the Southeast Corner of 54th Avenue North and 35th Way North; Amendment from Residential/Office General and Residential Urban to Commercial General.
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 and
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.
3. Dredge and Fill Application D/F-1461 (Revised),
Pirate’s Cove Marina, Robert H. Smith, 2400
Bayshore Boulevard, Curlew Creek, Dunedin.
4. Dredge and Fill Application D/F-1488, City
of Safety Harbor, Safety Harbor Marina, South
Boulevard, Old Tampa Bay, Safety Harbor.
5. Commercial Dock Application CA33783-03, Fresco’s
Ristorante, 300 Second Avenue N.E., Tampa
Bay, St. Petersburg.
SCHEDULED PUBLIC HEARINGS – BCC
6. TEFRA Hearing and Adoption of a Proposed Resolution
Regarding the Issuance of Pinellas County
Health Facilities Authority Refunding Revenue
and Revenue Bonds, Series 2004 (Bayfront Obligated
Group Projects) in an Amount not to Exceed
$50,000,000.00.
7. Proposed Resolution to Designate the Young
- Rainey STAR Center as a Brownfield (Second
Public Hearing).
8. Petition to Vacate Submitted by The Roger
G. Ormerod Revocable Trust Agreement of 1988
and Roger G. and Jacqueline J. Ormerod, Co-Trustees,
for the West 3.0 Feet, Less the North 5.0
Feet Thereof, of the East 10.0 Foot Wide Drainage
and Utility Easement on Lot 64, Wilshire Estates,
Located in the Southwest Quarter of Section
19, Township 28 South, Range 16 East.
9. Petition to Vacate Submitted by the First
Baptist Church of Indian Rocks, Inc. for a
15.0 Foot Wide Right-of-Way Lying South of
and Adjacent to the South Line of Lot 15 and
a Portion of Lot 16, Pinellas Groves, Located
in the Southeast Quarter of Section 8, Township
30 South, Range 15 East.
10. Petition to Vacate Submitted by Dorothy Starke
for the West 3.0 Feet of the East 5.0 Feet
of the West 15.0 Foot Wide Platted Utility
Easement; the North 33.0 Feet of the South
72.5 Feet of the East 2.0 Feet of the West
15.0 Foot Wide Platted Utility Easement on
Lot 22, Block 3, Yacht Club Estates, Unit
II, Located in the Southeast Quarter of Section
18, Township 30 South, Range 15 East.
11. Petition to Vacate Submitted by Michael R.
and Mary M. McKelvey for a Portion of the
Northwesterly Platted 5.0 Foot Wide Drainage
and Utility Easement, More Particularly Described
as the Southeasterly 2.5 Feet m.o.l., Less
the Northerly 15.10 Feet and Less the Southerly
35.0 Feet of the Northwesterly 5.0 Feet of
Lot 108, Canterbury Chase, Unit 2, Located
in the Northwest Quarter of Section 33, Township
30 South, Range 15 East.
12. Approval of the Preliminary (Second) Assessment
Roll for Paving and Drainage Improvements
to 118th Avenue North from Belcher Road West
Approximately 3,585 Feet.
as amended 13. Proposed Ordinance to Amend the Pinellas County
Code Relating to Residential Use
Buffer Distances and Solid Waste Disposal
Facilities (Second Public Hearing).
14. Approval of Minutes from the Regular Meeting Held February 3, 2004.
b. Foreign-Trade Zone No. 193 Annual Report for Fiscal Year Ended September 30, 2003.
d. Dock Fee Report for the Month of January 2004.
e. Quarterly Report of Routine Dock Permits Issued from October 1, 2003 through December 31, 2003.
17. Miscellaneous Items to be Received for Filing:
18. Approval of the Acceptance and Release of Maintenance Sureties.
20. Adoption of a Resolution Designating April 2004 as “Water Conservation Month.”
26. Approval of Budget Amendment No. 5 for Fiscal Year 2004 (Management and Budget).
D. REGULAR AGENDA
None 27. Items for Discussion from Consent Agenda (County Administrator and Clerk of Circuit Court).
COUNTY ADMINISTRATOR
Public Works
28. Adoption of a County Incentive Grant Program
Resolution and Approval of the Agreement with
the Florida Department of Transportation for
the Construction of Nebraska Avenue from U.S.
Highway 19 to Belcher Road with Capacity Improvements
to the U.S. Highway 19/Nebraska Avenue Intersection.
29. Approval of an Interlocal Agreement with the
City of Safety Harbor for Pedestrian Improvements
on State Road 590 at Philippe Park.
30. Approval of the Cooperative Funding Agreement
with the Southwest Florida Water Management
District for the Roosevelt Creek Watershed
Management Program.
31. Approval of an Award of Bid to Pneumatic Concrete
Company, Inc. for Repairs to Tierra Verde
Bridges and Fort DeSoto Gulf Pier (Rebid).
32. Approval of Change Order No. 1 with Pepper
Contracting Services, Inc. for Railroad Crossing
Improvements (Various Locations).
33. Approval of Change Order No. 1 (Final) with
Keystone Excavators, Inc. for the Construction
of Savona Drive from Snug Harbor Road to San
Martin Boulevard and Acceptance of the Contract
as Complete.
34. Approval of Change Order No. 1 with Sunset
Underground Construction, Inc. for the Construction
of Joe’s Creek Erosion Control.
35. Approval of Amendment No. 2 to the Agreement
for Environmental Services with Scheda Ecological
Associates, Inc. for the Belcher Road Phase
1, Curlew Road to Tampa Road Project.
36.
Approval of Amendment No. 5 to the Agreement
for Professional Architectural Services with
Mason Blau and Associates, Inc. for the St.
Petersburg Judicial Building Plaza Level Deck.
37. Approval of the Issuance of a Deed for the
Transfer of the Remainder of Land of Parcel
043 to the City of Clearwater for the Keene
Road Phase 1B Project.
38. Approval of the Real Property Acquisition
of a Vacant Lot on East Tarpon Avenue for
the Keystone Road Project.
39. Approval of the Real Property Acquisition
Located at 2250 Nebraska Avenue, Palm Harbor
for the Nebraska Avenue at Riviere Road Project.
40. Approval of the Acceptance of a Donation of
Environmentally Sensitive Land on U.S. Highway
19 at the Anclote River from the Gardner Trust.
41. Approval of Amendments to the Pinellas County
Street Lighting Districts Policy and Procedure.
Utilities
42. Adoption of a Resolution Reestablishing the
Date of Initiation of Reclaimed Water Billings
for the East Lake Woodlands Country Club.
43. Approval of an Agreement with the Tides Golf
Club for Supply and Use of Excess Reclaimed
Water.
44. Approval of Amendment No. 1 to the Agreement
with Southwest Florida Water Management District
for the North Reclaimed Water System Storage.
45. Approval of Amendment No. 2 to the Agreement
with Southwest Florida Water Management District
for the North Pinellas Reuse Interconnections.
46. Approval of Amendment No. 1 to the Agreement
for Consultant Services with George F. Young,
Inc. for the Belleair Beach and Belleair Shores
Reclaimed Water Transmission and Distribution
System Project.
47. Approval of Amendment No. 1 to the Agreement
for Consultant Services with Cumbey and Fair,
Inc. for Welch Causeway (State Road 666) 24-Inch
and 16-Inch Subaqueous Water Main Replacements.
48. Approval of Amendment No. 3 to the Engineering
Agreement for Consulting Services with McKim
and Creed, P.A. for the Indian Shores/Indian
Rocks Beach Reclaimed Water Transmission and
Distribution System Project.
49. Approval of an Agreement for Engineering Services
with Camp Dresser and McKee Inc. for Logan
Pump Station Modifications.
Other Departments
50. Approval of the Declaration of a Structure
in Violation of the Flood Damage Prevention
Article (Building).
51. Approval of the Termination of the Specific
Performance Agreement with Pinellas Homestead
Project, Inc. and Approval to Execute a Specific
Performance Agreement with Homes for Independence,
Inc. (Community Development).
52. Adoption of a Resolution Accepting the Housing
Finance Authority’s Revisions to its Rules
(Community Development/Housing Finance Authority).
53. Approval of the Contract Renewal with the
Palm Harbor Community Services District Municipal
Services Taxing Unit (County Administrator).
54. Approval of the Memorandum of Understanding
and Acceptance of Public Safety Interoperable
Communication System Equipment Provided through
the U.S. Department of Justice and the U.S.
Department of Homeland Security’s Project
SAFECOM (Emergency Communications).
55. Approval of the Twentieth Lease Amendment
to the Revised and Restated Lease Agreement
with Community Service Foundation, Inc. (General
Services).
as amended 56. Approval of the Results Matrix for Corporate
Sponsorships and Naming Rights (General Services).
Website advertising issue to be reviewed by
Information Technology (IT) Board.
57. Approval of the Ranking of Firms and Authorization
for Staff to Negotiate with the Number One
Ranked Firm for Consulting Services for Human
Services (Human Services).
58. Approval of the 2004 Recreation Grant and
Reimbursement Program (Park).
59. Approval of the Interlocal Agreement Concerning
the Creation of the Metropolitan Planning
Organization (Planning).
60. Approval of an Award of Bid to Time Warner
Telecom of Florida, L.P. for Dedicated Enterprise-Wide
Internet Access Services (Purchasing/Information
Technology).
61. Other Administrative Matters.
a. Consensus to extend current concession agreement at Fort DeSoto Park for nine months to allow time to prepare Request for Proposal to competitively bid concession services.
COUNTY ATTORNEY
62. Approval of the Authority to Defend:
a. GMAC Mortgage Corporation v. Willis Reese, III, et al - Circuit Civil Case No. 04-586-CI-7 - Mortgage Foreclosure Involving a Community Development Mortgage.
b. The Leader Mortgage Company, LLC v. Colleen J. Mahoney, et al - Circuit Civil Case No. 04-87-CI-19 - Mortgage Foreclosure Involving a Subordinate Mortgage.
c. Mortgage Electronic Registration Systems, Inc. et al v. Estate of Vivian E. Brown - Circuit Civil Case No. 04-701-CI-15 - Mortgage Foreclosure Involving a State Housing Initiative Partnership Mortgage.
d. Mortgage Electronic Registration Systems, Inc. v. Christine L. Mathis, et al - Circuit Civil Case No. 04-893-CI-21 - Mortgage Foreclosure Involving a Community Development Subordinate Mortgage.
e. Wachovia Bank v. Barbara A. Clark - Circuit Civil Case No. 04-589-CI-19 - Mortgage Foreclosure Involving a Welfare Lien.
f. James E. Landry v. Pinellas County - Circuit Civil Case No. 04-737-CI-21 – Allegations of Negligence Resulting in Personal Injuries as the Result in a Trip and Fall Accident.
g. Lillie McCoy v. Pinellas County - Circuit Civil Case No. 04-888-CI-11 – Allegations of Violations of the Florida Civil Rights Act and the Florida Workers’ Compensation Act.
h. Thomas McHale v. Everett S. Rice, as Sheriff of Pinellas County - Circuit Civil Case No. 04-431-CI-20 – Allegations of Personal Injury Damages.
i. Robert T. Wagner v. Pinellas County - Circuit Civil Case No. 04-001255-CI-19 – Allegations of Interference with a City of St. Petersburg Contract and Damages Thereof.
63. Approval of the Authority to Initiate Litigation
on Behalf of:
a. EMS against Aetna for Unpaid Ambulance Bills.
b. Sunstar for Unpaid Ambulance Bills against the Estates of:
1. Ermagene Verge Dorsey.
2. Kathleen A. Surdi.
64. Approval of a Revised Exhibit “A” to the Contract
for Special Counsel de la Parte and Gilbert.
65. Approval of the Special Counsel Contract with
Ford & Harrison, LLP.
66. Approval of the Request for Reimbursement
of Taxable Costs in the Case of State v. Braxton
Allen Glenn, Case No. CRC02-09861CFANO.
04-13-04 67. Approval of the Authority to Advertise for
a Public Hearing Regarding a Proposed Ordinance
Amending Pinellas County Code, Chapter 90,
Relating to Resident Park Department Employees.
68. Approval of an Amended Agreement with the
State Division of Administrative Hearings
for the Use of an Administrative Law Judge
in Complaints of Discrimination in Employment,
Housing, and Public Accommodations.
69. Approval of an Agreement Readopting, Amending,
and Extending the Tolling of Certain Water
Quality Standards with Tampa Bay Water, Hillsborough
County, Pasco County, City of Tampa, City
of St. Petersburg and the City of New Port
Richey.
70. Approval of the Authority for Settlement with
the U.S. Department of Labor Regarding Disallowed
Cost Claim for Welfare to Work Grant Program.
71. Approval of the Recommendation of Settlement
of the 62-40 Rule Challenge.
72. Approval of the Recommendation of Settlement
in the Case of Suzanne Landsiedel v. Pinellas
County Government, Workers’ Compensation OJCC
Case No. 01-000269SPT.
73. Miscellaneous.
a. Motion to deny settlement of civil case involving Calkins versus Pinellas County.
E. AUTHORITIES
ECONOMIC DEVELOPMENT AUTHORITY
74. Approval of Amendment No. 1 to the Lease Agreement
with S.M. Stoller Corporation.
75. Approval of Amendment No. 1 to the Lease Agreement
with the University of South Florida.
F. COUNTY ADMINISTRATOR REPORTS
76. Fiscal Years 2004 and 2005 Budget Forecast.
Report by County Administrator regarding budget
assumptions, Article V projected impacts and
long-term
outlook.
G. COUNTY COMMISSION
77. WorkNet Transition Issues.
a. Motion to offer WorkNet the prevailing County lease rate at the Epicenter.
b. Delegation of fiscal responsibility to WorkNet – deferred until WorkNet can respond with
proposal.
78. Miscellaneous.
a. Comm. Welch asked for consensus to request that the legislative delegation express opposition to
proposed bill to relax fireworks ordinance.b. Comm. Seel congratulated St. Petersburg for being chosen one of America’s most livable cities;
congratulated Clearwater for the Sports Illustrated award for top city supporting athletes; and
called attention to the new Pinellas Trail markers.c. Comm. Harris announced that he and Commissioner Morroni will join the Youth Advisory
Committee in Tallahassee on March 10; and offered a water conservation tip.d. At Comm. Morroni’s request, Mr. Spratt related information regarding military aircraft activity at
St. Petersburg-Clearwater International Airport on March 6.
ADJOURNMENT – 4:00 P.M.
