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Pinellas County BCC Meeting Results

Meeting Date April 1, 2003 * 9:32 a.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. 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.

  • John Shestag, Ozona - re Board of County Commissioners budget, freedom of speech.
  • Cathy Corry, Clearwater - re freedom and justice.

B. 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.

SCHEDULED PUBLIC HEARINGS - BCC

+ 1. TEFRA Public Hearing on Proposed Issuance of Pinellas County Industrial Development Authority Revenue Bonds in an Aggregate Principal Amount Not to Exceed $2,700,000 for Family Resources, Inc.

COUNTYWIDE PLANNING AUTHORITY
Consideration of the Following Proposals to Amend the Adopted Countywide Future Land Use Plan:

SUBTHRESHOLD AMENDMENTS

2.

+a. Case #CW 03-19 - Clearwater.
Location - 0.84 Acre Located on the Northeast Corner of Drew Street and Anna Avenue. Amendment from Commercial General to Residential/Office General.

+ b. Case #CW 03-20 - Clearwater.
Location - 0.87 Acre Located on the Southwest Side of Windward Passage, 310 Feet North of Marina Way. Amendment from Commercial General to Residential Medium.

+ c. Case #CW 03-24 - Pinellas County.
Location - 0.72 Acre Located on the Northeast Corner of U.S. Alternate Highway 19 and Blue Moon Boulevard. Amendment from Preservation to Residential/Office Limited.

+ d. Case #CW 03-25 - Largo.
Location - 3.44 Acres Located on the East Side of Highland Avenue North, 230 Feet North of East Bay Drive. Amendment from Commercial General to Residential/Office General.

+ e. Case #CW 03-26 - Largo.
Location - 1.50 Acres Located 1,960 Feet South of East Bay Drive, 1,610 Feet West of Starkey Road. Amendment from Residential Medium to Recreation/Open Space.

+ f. Case #CW 03-27 - Largo.
Location - 8.65 Acres Located on the West Side of Seacrest Drive and North and South Sides of Barnsdale Drive, Camelot Drive, and Sherwood Drive. Amendment from Residential Medium to Residential Low Medium.

+ g. Case #CW 03-28 - Largo.
Location - 8.28 Acres Located on the North and South Sides of Sherwood Drive and the East and West Sides of Jody Court and Debby Court. Amendment from Residential Medium to Residential Urban; Water/Drainage Feature Overlay.

TD - 5-6-03 h. Case #CW 03-29 - Largo.
Location - 5.37 Acres Located 110 Feet South of 122nd Avenue North, 695 Feet East of Vonn Road. Amendment from Institutional to Institutional; Water/Drainage Feature Overlay.

REGULAR AMENDMENTS

3.

+a. Case #CW 03-21 - Clearwater.
Location - 1.83 Acres Located on the Northeast Side of Windward Passage, 230 Feet North of Marina Way. Amendment from Commercial General to Residential High.

X b. Case #CW 02-39/03-22 - Clearwater.
Location - 22.18 Acres Located on the East Side of Chautauqua Avenue, From 103 Feet South of 2nd Avenue North to 2nd Avenue South. Amendment from Residential Suburban; Preservation; Water/Drainage Feature to Residential Low; Preservation; Water/Drainage Feature.

+ c. Case #CW 03-23 - Pinellas County.
Location - 0.14 Acre Located on the West Side of Belcher Road, 80 Feet South of 14th Avenue Southeast. Amendment from Residential Low to Residential/Office Limited.

COUNTYWIDE RULES AMENDMENT

PH 4-15-03 4. Consideration of PPC Resolution No. 03-2, Consisting of a Proposed
Amendment to the Adopted Rules Concerning the Administration of the Countywide Future Land Use Plan, Providing for the Creation of a Process and Criteria for the Determination of Vested Rights.

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.

+ 5. Multi-Use Dock Application M32262-02, Villaggio at Tierra Verde Owner's Association, Inc., c/o Island Path, LLC, 600 Pinellas Bayway Boulevard, Tierra Verde.

+ 6. Commercial Dock Application CA30543-01/Revised-B, Frank Chivas a/k/a Salt Rock Grill, 19325 Gulf Boulevard, The Narrows, Indian Shores.

+ 7. Private Dock Application P32446-02, Thomas and Suzanne Inzina, 405 Buttonwood Lane, Clearwater Harbor, Largo.

+ 8. Dredge and Fill Application D/F-1384, City of St. Petersburg, 45th Avenue Drainage Canal, Smacks Bayou, St. Petersburg.

+ 9. Dredge and Fill Application D/F-1187, City of Tarpon Springs, 11 Locations in and Around the Anclote River, Tarpon Springs.

Recessed at 12:00 P.M. and reconvened at 1:15 P.M.

C. CONSENT AGENDA

CLERK OF THE CIRCUIT COURT

+ 10. Approval of Minutes - Regular Meetings of March 4 and March 11, 2003.

+ 11. Reports:

a. Dock Fee Report for the Month of February 2003.

b. Determination of Arbitrage Rebate Liability for Year 7 Dated November 8, 2002 for $63,620,000 Pinellas County, Florida, Water Revenue and Refunding Bonds, Series 1995.

c. Pinellas County Property Appraiser Financial Statements for the Year Ended September 30, 2002, Together with Independent Auditor's Report.

d. Investment Report for the Quarter Ended December 31, 2002.

e. City of Safety Harbor Fire District Budget Summary FY 2003-2004.

f. Gandy Fire District Budget Summary FY 2003-2004.

g. Tierra Verde Fire District Budget Summary FY 2003-2004.

h. Transcript of Closing Documents for the $86,580,000 Pinellas County, Florida, Sewer Revenue Bonds, Series 2003 Dated January 8, 2003.

+ 12. Other Approvals

a. General - None.

b. Vouchers and Bills Paid.

+ 13. Miscellaneous Items to be Received for Filing:

a. City of Belleair Beach Resolution No. 2003-01, Adopted March 3, 2003, Supporting a Pinellas County Ordinance Regarding Sale and Use of Fireworks.

b. City of Clearwater Notice of Public Hearings Regarding Annexation, Land Use Plan, Zoning Atlas and Rezoning Amendments, Regarding Ordinances Nos. 7107-03 through 7117-03, to be Held May 1, 2003.

c. City of Gulfport Notice that Ordinance No. 2002-19, Adopted December 3, 2002, was Approved in a Referendum Election Held March 4, 2003.

d. City of Largo Notice of Annexation Hearings Regarding Ordinances Nos. 2003-44 through 2003-48, and 2003-56, 2003-57 and 2003-60, Held March 11, 2003 and March 18, 2003, Respectively.

e. City of Oldsmar Resolution No. 2003-12 Adopted February 18, 2003, Supporting a Pinellas County Ordinance Regarding Sale and Use of Fireworks.

f. Correspondence from the City of Pinellas Park Regarding Two Ordinances Voluntarily Annexing Certain Property, Public Hearing Held March 27, 2003.

g. City of Safety Harbor Notice of Proposed Annexation Regarding Ordinance No. 2003-02, Public Hearing Held March 17, 2003.

h. City of St. Petersburg Notice of Public Hearing Regarding Tangerine Avenue Blight Study and Proposed Creation of Tangerine Avenue Community Redevelopment Area, Held March 13, 2003, Pursuant to Chapter 163.346, Florida Statutes.

i. Eastlake Oaks Community Development District Minutes of Meeting Held December 4, 2002.

j. One Item Related to Dock, Pier and Wharf Construction Contract Bonds.

COUNTY ADMINISTRATOR

Public Works

+ 14. Approval of Award of Bids for:

a. Ridgecrest Park Fishing Pier.

b. Park Boulevard Bridge Control House Strengthening.

+ 15. Release of Sureties and Acceptance of Easements.

Utilities

+ 16. Approval of Award of Bids for:

a. 15" - 42" Sewer Interceptor Cured In Place Pipe Lining.

b. Meter Boxes (COOP).

Other Departments

+ 17. Approval of Recommendation to Declare a County Owned Vehicle as Surplus and Authorize the Sale (Purchasing).

TD 18. Approval of Recommendation to Declare Various Items of County Owned Equipment as Surplus and Authorize the Sale (Purchasing). See Agenda Item No. 20

+ 19. Approval of Recommendation to Declare Miscellaneous County Owned Equipment as Surplus, Authorize the Sale as Scrap Material, and Remove Stolen Items from the County Fixed Asset Inventory (Purchasing).

D. REGULAR AGENDA

20. Items for Discussion from Consent Agenda (County Administrator and Clerk of Circuit Court).

COUNTY ADMINISTRATOR

Public Works

+ 21. Approval of the Offer to Sell Real Property for the Bear Creek Channel Improvement Project, Declare the Structure as Surplus and Authorization to Donate, Sell or Demolish the Structure Thereon and Dispose of any Personal Property.

+ 22. Approval of Change Order No. 1 (Final) for the Year 2001 Resurfacing Contract.

+ 23. Approval of a Request for a Quitclaim Deed Submitted by Curlew Baptist Church.

+ 24. Adoption of a Resolution Authorizing the Transfer to the City of Oldsmar, by County Deed, the County's Interest in a Portion of Pine Avenue North Right-of-Way, from Forest Lakes Boulevard to Brooker Creek Preserve.

+ 25. Approval of a Memorandum of Agreement with the Florida Department of Environmental Protection, Division of Recreation and Parks for the Honeymoon Island Beach Restoration Project.

+ 26. Approval to Execute an Agreement to Provide Professional Engineering Services for the Keystone Road to U.S. Highway 19 East Lake Road Improvement Project.

Utilities

+ 27. Adoption of a Resolution to Authorize Revisions to the Pinellas County Water System Policy Manual.

+ 28. Adoption of a Resolution Authorizing the Expenditure of Solid Waste Funds for the Purchase of Refreshments and Door Prizes Associated with the 2003 Recycle Regatta.

+ 29. Approval of an Award of Bid for 2" Galvanized Water Main Replacement.

+ 30. Approval of a Joint Project Agreement with Florida Power Corporation for Interruptible General Service at the South Cross Bayou Water Reclamation Facility.

Other Departments

+ 31. Approval to Donate a Single-Family Condominium Unit to Catholic Charities Community Development Corporation, a Non-Profit Organization (Community Development).

+ 32. Approval of the First Round of Neighborhood Enhancement Grant Projects (Community Development).

+ 33. Approval of an Agreement to Acquire Parcel No. 08/30/15/70470/100/1604, Vacant Property within the Dansville Redevelopment Area (Community Development).

+ 34. Approval of a Partial Release of Lien for Parcel No. 08/30/15/70470/100/1605, Improved Property within the Dansville Redevelopment Area (Community Development).

+ 35. Approval of the Demolition of Unsafe Structures Located at 5330 - 31st Street North in Unincorporated St. Petersburg (Environmental Management).

+ 36. Approval of the Demolition of Unsafe Structures and the Clearing of the Property Located at 5790 - 61st Street North in Unincorporated St. Petersburg (Environmental Management).

+ 37. Approval of the Purchase Authorization for Vehicles, 2003 (Fleet Management).

+ 38. Approval of Award of Bid for the Chemical Water Treatment Services Program (General Services).

+ 39. Approval of Amendment No. 2 to the Agreements for Ongoing Design Professional Services (General Services).

+ 40. Approval of a Donation of Approximately 27 Acres of Land Adjacent to the Brooker Creek Preserve (General Services).

+ 41. Adoption of a Resolution to Appropriate Earmarked Receipts for a Particular Purpose in the FY 2003 General Fund as Requested by the Sheriff (Management and Budget).

+ 42. Approval of the Ranking of Firms and Authorization for Staff to Negotiate with the Number One Ranked Firm for Passenger Ferry Boat Service at Ft. DeSoto Park (Park Department).

+ 43. Approval of Award of Bid for Maintenance for Laser Printers (Purchasing).

+ 44. Approval of Award of a Sole Source Contract with Sonitrol for Security Monitoring Services (Purchasing).

+ 45. Approval of Authority to Advertise a Public Hearing on Proposed Revision
PH to the Purchasing Ordinance Relating to Small Purchases (Purchasing).

+ 46. Adoption of an Amendment to Resolution No. 00-54 Authorizing the
as amended Expenditure of County Funds for the Cost of Meals for Members of the Social Action Funding Advisory Board (Social Services).

+ 47. Approval of the First Option of Renewal with Albertson's, Inc. for Pharmacy Services (Social Services).

None 48. Other Administrative Matters.

COUNTY ATTORNEY

+ 49. Authority for County Attorney to Defend:

a. BA Mortgage, LLC, etc., v. Brett Pokorny, etc., et al - Circuit Civil Case No. 03-811-CI-11 - Mortgage Foreclosure Involving a Subordinate Mortgage.

b. Bank of America v. James T. Murray, et al - Circuit Civil Case No. 03-722-CI-8 - Mortgage Foreclosure Involving Judgments for Attorney Fees and Costs.

c. Chase Manhattan Mortgage v. Sean Michael Davis, et al - Circuit Civil Case No. 03-792-CI-7 - Mortgage Foreclosure Involving a Street Lighting Lien.

d. First Nationwide Mortgage Corporation v. Annie Daniels, etc., et al - Circuit Civil Case No. 03-853-CI-8 - Mortgage Foreclosure Involving Judgments for Attorney Fees and Costs.

e. The Leader Mortgage Company v. Ronald S. Layle, et al - Circuit Civil Case No. 03-689-CI-5 - Mortgage Foreclosure Involving a Subordinate Mortgage.

f. Manufacturers and Traders Trust Company v. Wallace Smith, Jr., et al - Circuit Civil Case No. 03-913-CI-11 - Mortgage Foreclosure Involving Judgments for Attorney Fees and Costs and Judgments for Fine and Costs.
g. Mortgage Electronic Registration Systems, Inc. v. John E. Brodnax, et al - Circuit Civil Case No. 03-1574-CI-7 - Mortgage Foreclosure Involving a Judgment for Attorney Fees and Costs.

h. Mortgage Electronic Registration Systems, Inc. v. Nancy C. Marushia, etc., et al - Circuit Civil Case No. 02-6704-CI-11 - Mortgage Foreclosure Involving a Judgment for Fine and Costs.

i. Suntrust Mortgage, Inc. v. Catherine Britten, etc., et al - Circuit Civil Case No. 03-1568-CI-15 - Mortgage Foreclosure Involving a Judgment for Attorney Fees and Costs.

j. Sandra Delancy v. Pinellas County Animal Services - Circuit Civil Case No. 03-1746-CO-39 - Injunction and Writ of Replevin Resulting from Quarantine of Dog Suspected of Biting Human.

k. Valentin Ianev v. Everett Rice, as Sheriff of Pinellas County, and Michael Anthony, an Individual - Circuit Civil Case No. 03-690-CI-11 - Allegations of Personal Injury Due to Motor Vehicle Accident.

l. Estate of Earlvin Todd Neal, by and through its Personal Representative, Angela Mica Neal v. Pinellas County Sheriff's Office, Everett S. Rice, Individually, and Michael C. Borland, Individually - Case No. 8:03-CV-247-T-17MAP - Allegations of Wrongful Death, Civil Rights Violations and Excessive Force.

m. William Sandridge v. Diane Kacmarik, New World Communications of Kansas City, Inc., d/b/a WDAF-TV, Pinellas County Board of County Commissioners through its Members, et al, the Board of Police Commissioners of Kansas City, through its Members, et al - Case No. 03-0007-CV-2-ODS (U.S. District Court, Western District of Missouri) - Allegations of Violations to Rights of Privacy Secured by Federal and State Statutes.

n. Hoover Santos v. Pinellas County, et al - Circuit Civil Case No. 03-1212-CI-19 - Allegations of Negligence in Personal Injuries as a Result of a Bicycle Fall Incident.

o. Stephen J. Spencer and Angela Spencer v. Pinellas County and Green Dolphin Park Condominium Association, Inc., a Not-for-Profit Corporation - Circuit Civil Case No. 03-1349-CI-7 - Claims of Trespass, Private Nuisance, Public Nuisance and Negligence Involving Alleged Damage.

+ 50. Approval of a Contract for Special Counsel Agreement with Bradham, Blevins & Bayliss, P.A. in the Case of Earlvin Todd Neal, by and through its Personal Representative, Angela Mica Neal v. Pinellas County Sheriff's Office, Everett S. Rice, Individually and Michael C. Borland, Individually - Case No. 8:03-CV-247-T-17MAP - Allegations of Wrongful Death, Civil Rights Violations and Excessive Force.

+ 51. Authority for the County to Initiate Litigation against Betty Ruth Martinez for Breach of Promissory Note - Risk Claim No. 99-56086.

+ 52. Authority for the County to Initiate Litigation in the Case of Pinellas County Board of County Commissioners v. Edward Souza and Stephen and Veronica Beard - Risk Claim 02-67451 - Negligence in Operation of a Motor Vehicle.

+ 53. Recommendation of a Settlement in Pinellas County, a Political Subdivision of the State of Florida v. Neighborly Senior Services, Inc. - Circuit Civil Case No. 03-125-CI-20.

X 54. Citizen's Review Board.

TD 55. Adoption of Public Participation and Decorum Rules by Pinellas County.

None 56. Miscellaneous.

E. AUTHORITIES

COUNTYWIDE PLANNING AUTHORITY

+ 57. Receipt and Acceptance of the Opportunities Summit Findings Report.

+ 58. Approval of an Authorization to Execute an Agreement with the Pinellas Planning Council for Phase II, Part B Scope of Services.

ECONOMIC DEVELOPMENT

+ 59. Approval of a Lease Agreement with KOTW, Inc. at the Young-Rainey STAR Center.

F. COUNTY ADMINISTRATOR REPORTS

60.

  • Legislative Update (memorandum from Assistant County Administrator Elithia Stanfield)
  • Update re proposed annexation legislation - Gordon Beardslee
  • Update re water transmission line repair - Pick Talley

G. COUNTY COMMISSION

+ 61. Approval of an Appointment to the WorkNet Pinellas Board of Directors.

+ 62. Approval of an Appointment to the Old Gandy Bridge Oversight Committee.

63. Miscellaneous.

  • Commr. Morroni re U.S. Highway 19 signage.
  • Commr. Harris re Gandy Bridge Oversight Committee; water conservation tip.
  • Commr. Latvala re request for code enforcement work session; status of concerns expressed by citizen John Shestag.
  • Commr. Stewart re Lou Piniella and Tampa Bay Devil Rays; County reorganization and restructuring matters; transportation impact fee; Gulf Boulevard.
  • Commr. Todd re Public Technology Annual Conference in Miami.
  • Commr. Welch re FAC meeting; upcoming hiring of new WorkNet Director and new IT Director.
  • Chairman Seel re notice regarding Chapter 164 proceedings resolved by City of Largo; upcoming mediation meeting; memo from Richard Williams re radio system; Pinellas County University; congratulations to Mayor Iorio of Tampa and looking forward to cross-regional cooperation.

4:00 P.M. ADJOURNMENT