|AGENDA – Regular Public Meeting||Pinellas County|
|Board of County Commissioners (BCC)|
|3:03 P.M.||April 27, 2004|
PLEDGE OF ALLEGIANCE to the Flag of the United States of America
a. Tampa Bay Regional Planning Council Fiscal Year 2003 Financial Audit for the Period Ended September 30, 2003, Including Basic Financial Statements, Supplemental Information, and Additional Information.
a. Florida Public Service Commission Consummating Order No. PSC 04-0307-CO-EI Issued March 18, 2004 Determining that Order No. PSC-04-0187-TRF-EI Issued February 23, 2004, is Effective and Final (Progress Energy Florida, Inc.).
d. Town of Belleair Shore Resolution No. 2004-02 Adopted March 17, 2004, Supporting the Pinellas Planning Council (PPC) and Opposing any Proposal that Would Abolish or Weaken it as Currently Constituted under State Law.
e. City of Oldsmar Resolution No. 2004-05 Adopted February 3, 2004, Opposing the Pinellas County Assembly’s Recreation Structures and Financing Task Force Recommendation Regarding Recreation Card Fee Reimbursement.
B. REGULAR AGENDA
None 18. Items for Discussion from Consent Agenda (County Administrator and Clerk of Circuit Court).
19. Approval of Supplement No. 1 to the Local Agency Program Agreement for the Forest Lakes Boulevard-St. Petersburg Drive (State Road 580) to Tampa Road Sidewalk Improvement Project.
20. Approval of a Request to Release Donated Public Right-of-Way Submitted by Jessie M. Carey for the West 8.5 Feet of the East 100.34 Feet of the South 180 Feet of the East Half of Five Acres Square in the Northeast Corner of the Northeast Quarter of the Northwest Quarter of Section 4, Township 29 South, Range 16 East.
21. Approval of the Recommendation to Declare Real Property Surplus, Establish a Sale Price, and Grant Authorization to Sell Parcel F001, a Sub-Parcel of Parcel No. 35-30-15-00000-340-0100 in a Private Sale to the Only Adjacent Property Owner, John E. and Myra Parker.
22. Approval of the Recommendation to Declare Real Property Surplus, Establish a Sale Price, and Grant Authorization to Sell Parcel F002, a Sub-Parcel of Parcel No. 35-30-15-00000-340-340-0100 in a Private Sale to the Only Adjacent Property Owner, Bruce E. and Lori L. Knepp.
23. Approval of an Award of Bid for Base Bid, Alternate B, Plus Option 1 to David Nelson Construction Company for Wall Springs Park Phase III.
24. Approval of an Additional General Liability Insurance Coverage Premium Payment for the Solid Waste Recourse Recovery Facility.
25. Approval of Change Order No. 2 (Final) with Sonny Glasbrenner, Inc. for the McKay Creek Wastewater Facility Demolition Project and Release of Retainage.
26. Approval of an Agreement with HDR Engineering, Inc. for Engineer of Record Consultant Services for Bridgeway Acres and Toytown Landfills.
27. Approval of an Agreement with SCS Engineers, Inc. for Engineer of Record Consultant Services for Bridgeway Acres and Toytown Solid Waste Landfills.
28. Adoption of a Resolution to Revise Park Department Special Event Fees and Establish Special Event Standard Operating Procedures (Culture, Education, and Leisure).
29. Approval of an Interlocal Agreement with the Tampa Bay Regional Planning Council for Services Related to the Development of the Pinellas County Continuity of Operations Plan and Revision of the Terrorism Incident Response Plan Annex of the Comprehensive Emergency Management Plan (Emergency Management).
30. Approval of the Donation of a Tractor, Trailers, and Hazardous Materials Supplies to the Board of County Commissioners (Emergency Management).
31. Approval of an Airspace Agreement with the State of Florida Department of Transportation for the Friendship Trail (General Services).
32. Approval of a Third Amendment to the Lease Agreement with I & S Associates, LLC, d/b/a Plaza 300 Associates LLC for Additional Office Space for Human Services, S.T.A.R.S. Division at Clearwater Center (General Services).
33. Approval of a Fourth Amendment to the Office Lease Agreement with Clearwater-Garden Tower Operating Associates, L.P. for Community Development (General Services).
34. Adoption of a Resolution to Appropriate Earmarked Receipts for a Particular Purpose in the Fiscal Year 2004 Risk Management Fund Budget (Management and Budget).
35. Adoption of a Resolution to Appropriate Earmarked Receipts for a Particular Purpose in the Fiscal Year 2004 Fleet Management Fund Budget (Management and Budget).
36. Adoption of a Resolution to Appropriate Earmarked Receipts for a Particular Purpose in the Fiscal Year 2004 General Fund for the Department of Justice and Consumer Services (Management and Budget).
37. Adoption of a Resolution to Appropriate Earmarked Receipts for a Particular Purpose in the Fiscal Year 2004 General Fund for the Sheriff’s Contract with the City of Clearwater (Management and Budget).
None 38. Other Administrative Matters.
39. Authority for the County Attorney to Defend:
a. Citifinancial Mortgage Co. v. Estate of Pearline Poinsette, et al, Circuit Civil Case No. 04-2219-CI-15, Mortgage Foreclosure Involving a Community Development Mortgage.
b. First Horizon Home Loan Corp. v. Joseph C. Smith, et al, Circuit Civil Case No. 04-1608-CI-19, Mortgage Foreclosure Involving a Community Development Mortgage.
c. Framex Enterprises, Inc., a Florida Corporation v. Hyde Park Builders, Inc., a Florida Corporation and Karleen F. DeBlaker as Clerk of the Sixth Judicial Circuit in and for Pinellas County, Florida, Circuit Civil Case No. 04-1658-CI-13, Allegations of Failure to Record a Construction Lien.
d. The Leader Mortgage Company, LLC. v. Chad Grice, et al, Circuit Civil Case No. 04-2133-CI-13, Mortgage Foreclosure Involving a Community Development Mortgage.
40. Authority for the County Attorney to Defend the Case of JPMorgan Chase Bank, f/k/a Morgan Guaranty Trust Company of New York, G. William Wilde, and Jefferson Norman Powell, Jr., Trustees of the H. George Wilde 1989 Trust, G. William Wilde, Individually and Peter O. Wilde, Individually v. Pinellas County, Florida and Tampa Bay Water, and Authorization for the de la Parte and Gilbert Firm to Assist in the Defense of this Matter, Circuit Civil Case No. 04-2514-CI-20, Allegations of a Breach of Contract.
41. Approval of the Recommendation of Settlement in the Case of Pinellas County Government v. Well Care HMO, Inc., Circuit Civil Case No. 03-4829-CI-21.
None 42. Miscellaneous.
ECONOMIC DEVELOPMENT AUTHORITY
43. Approval of a Landlord's Estoppel Agreement with Opinion Research Corporation.
EMERGENCY MEDICAL SERVICES AUTHORITY
44. Approval of the Annual Report of the Pinellas County Emergency Medical Services Office of the Medical Director.
WATER AND NAVIGATION CONTROL AUTHORITY
45. Approval of the Request for a Permit Extension for Dredge and Fill Application D/F-1177/Revised-A Submitted by Anclote Village Marina, Inc., 1029 Bailey’s Bluff Road, Anclote River, Holiday.
D. COUNTY ADMINISTRATOR REPORTS
46. County Website Report and Launch of My Neighborhood.
47. Space Needs Assessment.
E. COUNTY COMMISSION
48. Approval of an Appointment to the Youth Advisory Committee.
49. Approval of an Appointment to the Public Art and Design Committee.
Commissioner Harris presented a water conservation tip.
Commissioner Morroni requested that Chief Assistant County Attorney James L. Bennett write a letter to countywide establishments specifying the alcohol hours of sale and explaining the ordinance; discussion re Charter Review Commission (CRC) decision re Pinellas Planning Council.
Commissioner Welch re National Association of Remodeling Industry and Rebuilding Together Tampa Bay volunteer efforts.
Commissioner Seel recommended continuation of Scenic Corridor designation for Courtney Campbell Causeway.
Chairman Latvala reported that the CRC had voted for a referendum to establish a Charter Revision Commission to begin in January.
Administrator Spratt discussed the Seminole City Council annexation proposal.
David Mamber, St. Petersburg, re Package Closing Hours
Derick Jagannath, St. Pete Beach, re Alcohol Topic
Proclamation designating May 3 through May 7, 2004 as Employee Appreciation Week accepted by James “Jay” Flaherty, Employee Advisory Committee Chairman.
Proclamation designating April 18 through April 24, 2004 as National Volunteer Week accepted by Cynthia Fox, Executive Director, 2-1-1 Tampa Bay.
2004 Partners in Public Service Award winners recognized by Tim Closterman, Volunteer Services Manager.
Proclamation designating May 1, 2004 as Law Day 2004 accepted by Susan H. Churuti, County Attorney.
Youth Advisory Committee (YAC) update.
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.
Jo An Totty, Palm Harbor, re Palm Harbor – Zoning Code of Main Street.
Virginia Brown, Clearwater, re civil rights violation administered through county government.
Matt Sullivan, St. Petersburg, re Pinellas Juvenile Justice Council.
Eloise Ellie Esposito, Clearwater, re fluoride.
Dave Plyer, Clearwater, re answers to fluoride questions. Chairman Latvala to respond in writing.
Eva Miranda, Palm Harbor, re fluoridation.
Cathy Corry, Clearwater, re juvenile injustice.
Tedd Constantine, Palm Harbor, re fluoridation.
Charles White, Clearwater, re liability for CC (County Commission) actions.
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.
PLANNING AUTHORITY PUBLIC HEARINGS
THE COUNTYWIDE COMPREHENSIVE PLAN FOR PINELLAS COUNTY
51. Proposed Ordinance to Amend Ordinance No. 89-4 Regarding the Countywide Comprehensive Plan Adoption Ordinance (Deferred).
WATER AND NAVIGATION PUBLIC HEARINGS
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.
52. Private Dock Application P32579-03/Revised-A Submitted by Herbert Conner, 9606 62nd Avenue North, Long Bayou, St. Petersburg.
53. Private Dock Application P33786-03/Revised Submitted by the Raffaele Rugo Trust, 304 Spring Court, Intracoastal Waterway, Clearwater.
54. Private Dock
Application P33020-03/Revised-A Submitted
by Neil and Polly Wyllie and Alex and Ruth
Schoenherr, 1310 and 1402 Sunset Drive, Clearwater
SCHEDULED PUBLIC HEARINGS - BCC
55. Petition to Vacate Submitted by Pinellas County for a Portion of Ontario Avenue, a 50 Foot Wide Right-of-Way, Lying East of the East Line of Gulf Drive and Lying West of the West Line of Mayo Street, Located in the Southeast Quarter of Section 34 and the Southwest Quarter of Section 35, Township 27 South, Range 15 East.
56. Petition to Vacate Submitted by Pinellas County for that Part of Indiana Avenue, an Eighty (80) Foot Wide Strip Lying North of Block 64, Being Bound on the West by the East Line of Eighth Street and Bound on the East by the East Line of Ninth Street; Together with that Part of Ninth Street, an Eighty (80) Foot Wide Strip, Lying East of Block 64, Being Bound on the North by the South Line of Indiana Avenue and Bound on the South by the North Line of Nebraska Avenue; Together with all of Block 64, Map of Sutherland, According to the Plat Thereof, Located in the Northeast Quarter of Section 2, Township 28 South, Range 15 East.
57. Proposed Ordinance Amending the Major Findings of the Capital Improvements Element of the Countywide Comprehensive Plan.
58. Proposed Ordinance Amending the Transportation Element of the Pinellas County Comprehensive Plan.
59. Planning and Zoning Applications Heard by the Examiner:
Application of John J. Bennett, for a Change of Zoning from C-2, General Retail Commercial and Limited Services District and R-3, Single Family Residential to R-4, One, Two or Three Family Residential on Approximately 0.201 Acre Located on the West Side of Bayshore Drive, 130 Feet South of Bay Street (Parcel ID No. 10-28-15-12816-001-1100).
Application of Inter-American International Corporation through Jack Bodziak, AIA, Architect, Representative, for a Zoning Change from R-6, Mobile Home Parks and Subdivisions to RM-7.5, Residential Medium-7.5 Units per Acre on Approximately 2.48 Acres on the East Side of San Fernando Boulevard North, 135 Feet South of Gandy Boulevard (Parcels ID Nos. 17-30-17-28602-005-0050 and 17-30-17-28602-005-0140).
as amended c. Z-1-3-04.
Application of Thomas and Madelyn Pollock through Housh Ghovaee, Northside Engineering Services, Representative, for a Change of Zoning from A-E, Agricultural Estate Residential to R-1, Single Family Residential on Approximately 3 Acres Located 191 Feet South of Glenside Avenue, 143.6 Feet North of Eniswood Parkway, and 370 Feet East of Enisgrove Drive (Measurement Taken from the Enisgrove Drive Right-of-Way North of Eniswood Parkway) (Parcel ID No. 36-27-15-77832-000-0100).
Application of Miserere Guild, Inc., Rev. Norman C. Balthazar and DiVito and Higham, P.A., Joseph A. DiVito, Esquire, through George F. Young, Inc., James M. King, Senior Vice President, Representative, for a Change of Zoning from A-E, Agricultural Estate Residential and C-2, General Retail Commercial and Limited Services District (94.02 Acres) to IL, Institutional Limited and Land Use Change from Industrial Limited and Institutional (51.68 Acres) to Institutional on Approximately 94.02 Acres on the Northeast Corner of U.S. Highway 19 and 118th Avenue North (Parcels ID Nos. 09-30-16-70992-300-0600, 09-30-16-70992-300-0801, 09-30-16-70992-300-0802, 09-30-16-70992-300-1001, 09-30-16-70992-300-0901, 09-30-16-70992-300-1301, 09-30-16-70992-300-1500 and 09-30-16-70992-300-1401).
Application of Terra Excavating, Inc., a Florida Corporation, through Johnson, Pope, Bokor, Ruppel and Burns, P.A., Timothy A. Johnson, Jr., Esquire, Representative, for a Zoning Change from A-E, Agricultural Estate Residential to RPD-5, Residential Planned Development-5 Units per Acre and Land Use Change from Residential Rural to Residential Low on Approximately 18.43 Acres on the North Side of 134th Avenue North between Pine Street and Trotter Road (Parcel ID No. 05-30-15-00000-440-0300).
ADJOURNMENT – 8:30 P.M.