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AGENDA – Regular Public Meeting Pinellas County
  Board of County Commissioners (BCC)
9:30 A.M. March 9, 2004

RESULTS KEY
Approved approved
Denied denied
Temporarily Deferred temporarily deferred
Public Hearing public hearing
 Withdrawn withdrawn

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INVOCATION

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

PRESENTATIONS & AWARDS

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.

approved 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.

approved 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.


approved 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.

approved 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.

approved 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.

approved 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.

approved 3. Dredge and Fill Application D/F-1461 (Revised), Pirate’s Cove Marina, Robert H. Smith, 2400 Bayshore Boulevard, Curlew Creek, Dunedin.

approved 4. Dredge and Fill Application D/F-1488, City of Safety Harbor, Safety Harbor Marina, South Boulevard, Old Tampa Bay, Safety Harbor.

approved 5. Commercial Dock Application CA33783-03, Fresco’s Ristorante, 300 Second Avenue N.E., Tampa Bay, St. Petersburg.

 

SCHEDULED PUBLIC HEARINGS – BCC

approved 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.

approved 7. Proposed Resolution to Designate the Young - Rainey STAR Center as a Brownfield (Second Public Hearing).

approved 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.

approved 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.

approved 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.

approved 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.

approved 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.

approved 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).

 

approved C. CONSENT AGENDA

CLERK OF THE CIRCUIT COURT

14. Approval of Minutes from the Regular Meeting Held February 3, 2004.

15. Reports:

a. Clerk of the Circuit Court Financial Statements for Year Ended September 30, 2003 Revised, with Independent Auditors’ Report Thereon.

b. Foreign-Trade Zone No. 193 Annual Report for Fiscal Year Ended September 30, 2003.

c. Tampa Bay Water Annual Financial Report and Audited Financial Statements 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.

f. Housing Finance Authority of Pinellas County Independent Auditor’s Reports, Financial Statements, and Required Supplementary Information for Year Ended September 30, 2003.

16. Other Approvals:

a. General – None.

b. Vouchers and Bills Paid.

17. Miscellaneous Items to be Received for Filing:

a. Correspondence from the City of Pinellas Park Regarding (1) Two Ordinances Voluntarily Annexing Certain Property with Public Hearings Held February 26, 2004; and (2) Three Ordinances Voluntarily Annexing Certain Property with Public Hearings to be Held March 11, 2004.

b. City of St. Petersburg Ordinance No. 646-G, Effective February 5, 2004, Annexing Certain Property Known as Weedon Island Preserve North or Gateway Preserve.

c. City of Seminole Ordinances Nos. 41-2003 through 59-2003 Adopted January 27, 2004, Voluntarily Annexing Certain Property.

d. U.S. Department of Homeland Security, United States Coast Guard Public Notice (4-04) Regarding Application for Approval of Location and Plans for Replacement of Dual Bridges at John’s Pass between Treasure Island and Madeira Beach.

e. Notice from Department of the Army Regarding Change in Administration Policy Regarding Funding of Beach Renourishment Projects.

f. Barrier Islands Government Council (BIG-C) Minutes of Meeting of December 10, 2003 and Agenda for Meeting of January 28, 2004.

g. City of St. Pete Beach Resolution No. 2004-03 Adopted February 10, 2004, Supporting the Pinellas Planning Council (PPC) and Opposing any Proposal that Would Abolish or Weaken it as Currently Constituted under State Law.

h. Manatee County Board of County Commissioners Resolution No. R-03-278 Adopted October 28, 2003 Supporting Local Sources First Policy Pertaining to Florida’s Water Resources.

 

COUNTY ADMINISTRATOR

Public Works

18. Approval of the Acceptance and Release of Maintenance Sureties.

19. Approval of an Award of Bid to Steve’s Excavating and Paving, Inc. for Oakadia Drive Pipe Replacement.

Utilities

20. Adoption of a Resolution Designating April 2004 as “Water Conservation Month.”

21. Approval of a Utility Work Agreement with Florida Department of Transportation for the Curlew Road from Keene Road (County Road 1) to Fisher Road Project.

22. Approval of an Award of Bid to Rocha Controls and Performance Technical Services, Inc. for Instrumentation, Control and Monitoring Systems Repair, Maintenance, and Training Services.

23. Approval of the Ranking of Firms and Authorization for Staff to Negotiate with the Number One Ranked Firm for Consulting Engineering Services for a Site Water Management Study at Bridgeway Acres Landfill.

24. Approval of Change Order No. 2 (Final) with Rowland, Inc. for the City of Madeira Beach Reclaimed Water Distribution System and Release of Retainage.

Other Departments

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

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

approved 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.

approved 29. Approval of an Interlocal Agreement with the City of Safety Harbor for Pedestrian Improvements on State Road 590 at Philippe Park.

approved 30. Approval of the Cooperative Funding Agreement with the Southwest Florida Water Management District for the Roosevelt Creek Watershed Management Program.

approved 31. Approval of an Award of Bid to Pneumatic Concrete Company, Inc. for Repairs to Tierra Verde Bridges and Fort DeSoto Gulf Pier (Rebid).

approved 32. Approval of Change Order No. 1 with Pepper Contracting Services, Inc. for Railroad Crossing Improvements (Various Locations).

approved 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.

approved 34. Approval of Change Order No. 1 with Sunset Underground Construction, Inc. for the Construction of Joe’s Creek Erosion Control.

approved 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.

approved 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.

approved 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.

approved 38. Approval of the Real Property Acquisition of a Vacant Lot on East Tarpon Avenue for the Keystone Road Project.

approved 39. Approval of the Real Property Acquisition Located at 2250 Nebraska Avenue, Palm Harbor for the Nebraska Avenue at Riviere Road Project.

approved 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.

approved 41. Approval of Amendments to the Pinellas County Street Lighting Districts Policy and Procedure.

Utilities

approved 42. Adoption of a Resolution Reestablishing the Date of Initiation of Reclaimed Water Billings for the East Lake Woodlands Country Club.

approved 43. Approval of an Agreement with the Tides Golf Club for Supply and Use of Excess Reclaimed Water.

temporarily deferred 44. Approval of Amendment No. 1 to the Agreement with Southwest Florida Water Management District for the North Reclaimed Water System Storage.

approved 45. Approval of Amendment No. 2 to the Agreement with Southwest Florida Water Management District for the North Pinellas Reuse Interconnections.

approved 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.

approved 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.

approved 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.

approved 49. Approval of an Agreement for Engineering Services with Camp Dresser and McKee Inc. for Logan Pump Station Modifications.

Other Departments

approved 50. Approval of the Declaration of a Structure in Violation of the Flood Damage Prevention Article (Building).

approved 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).

approved 52. Adoption of a Resolution Accepting the Housing Finance Authority’s Revisions to its Rules (Community Development/Housing Finance Authority).

approved 53. Approval of the Contract Renewal with the Palm Harbor Community Services District Municipal Services Taxing Unit (County Administrator).

approved 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).

approved 55. Approval of the Twentieth Lease Amendment to the Revised and Restated Lease Agreement with Community Service Foundation, Inc. (General Services).

approved 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.

approved 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).

approved 58. Approval of the 2004 Recreation Grant and Reimbursement Program (Park).

approved 59. Approval of the Interlocal Agreement Concerning the Creation of the Metropolitan Planning Organization (Planning).

approved 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

approved 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.

approved 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.

approved 64. Approval of a Revised Exhibit “A” to the Contract for Special Counsel de la Parte and Gilbert.

approved 65. Approval of the Special Counsel Contract with Ford & Harrison, LLP.

approved 66. Approval of the Request for Reimbursement of Taxable Costs in the Case of State v. Braxton Allen Glenn, Case No. CRC02-09861CFANO.

approved public hearing 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.

approved 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.

approved 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.

approved 70. Approval of the Authority for Settlement with the U.S. Department of Labor Regarding Disallowed Cost Claim for Welfare to Work Grant Program.

approved 71. Approval of the Recommendation of Settlement of the 62-40 Rule Challenge.

approved 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.

approved a. Motion to deny settlement of civil case involving Calkins versus Pinellas County.

E. AUTHORITIES

ECONOMIC DEVELOPMENT AUTHORITY

approved 74. Approval of Amendment No. 1 to the Lease Agreement with S.M. Stoller Corporation.

approved 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

approved 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.

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