link to Pinellas County home page
AGENDA – Regular Public Meeting Pinellas County
  Board of County Commissioners (BCC)
3:03 P.M. April 27, 2004

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 Withdrawn withdrawn

Video icon Video requires Real Software

INVOCATION

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

approved A. CONSENT AGENDA

CLERK OF THE CIRCUIT COURT

1. Approval of Minutes of Regular Meeting Held March 30, 2004.

2. Reports:

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.

b. Report No. 2004-169 of the State of Florida Auditor General, Financial Statement Audit of St. Petersburg College for Fiscal Year Ended June 30, 2003.

c. City of Indian Rocks Beach Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 2003.

d. Pinellas Park Water Management District Independent Auditors’ Report and General-Purpose Financial Statements for Fiscal Year Ended September 30, 2003.

e. Eastlake Oaks Community Development District Independent Auditors’ Report and General-Purpose Financial Statements for Fiscal Year Ended September 30, 2003.

f. Quarterly Report of Routine Dock Permits Issued from January 1, 2004 through March 31, 2004.

g. Dock Fee Report for the Month of March 2004.

h. Internal Audit Division, Clerk of the Circuit Court, Report No. 2004-04 Dated April 1, 2004 – Follow Up to Audit of Board of County Commissioners Consumer Protection 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 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.).

b. Florida Department of Transportation Traffic Regulation No. 7PR04-03 Regarding Changes to State Road 595 (U.S. Alternate 19/Bay Pines Boulevard).

c. City of Largo Ability to Serve Report Regarding 58th Street North and Whitney Road Annexation Dated April 2004.

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.

f. Barrier Islands Governmental Council (Big-C) Minutes of Meeting of February 25, 2004 and Agenda for Meeting of March 31, 2004

COUNTY ADMINISTRATOR

Public Works

5. Approval of a Plat for Recording.

6. Approval of the Acceptance of the Receipt and File Report of a Consultant’s Competitive Negotiation Act Agreement for the Quarter Ending March 31, 2004.

7. Approval of Awards of Bid for:

a. Fairchild Drive Realignment Project at the St. Petersburg - Clearwater International Airport to David Nelson Construction Company.

b. Bridge Tending Services to C and S Building Maintenance Corporation, Inc.

Utilities

8. Approval of Awards of Bid for:

a. Pumps, Parts, and Repairs 2004-2006 to Various Vendors.

b. Belleair Sanitary Sewer Collection Rehabilitation to Miller Pipeline Corporation.

Other Departments

9. Approval of the Acceptance of the Receipt and File Report of Items Delegated to the County Administrator for Signature (County Administrator).

10. Approval of the Adoption of a Resolution for Assessment of Liens against Lands Cleared (Environmental Management).

11. Approval of an Award of Bid for Parts for Ford OEM (Re-bid) to Walker Ford and Sterling Trucks of Tampa (General Services).

12. Approval of Budget Amendment Nos. 8 through 11 for Fiscal Year 2004 (Management and Budget).

13. Approval of the Acceptance of Receipt and File Reports for the Quarter Ending March 31, 2004 of (Management and Budget):

a. Law Enforcement Trust Fund Payments to the Sheriff.

b. Administrative Budget Amendments.

14. Approval of the Acceptance of the Receipt and File Report of Procurement Items Approved by the County Administrator for the Quarter Ending March 31, 2004 (Purchasing).

15. Approval of an Award of Bid to Cross Environmental Services, Inc. for Demolition Services (Purchasing).

16. Approval to Declare Miscellaneous County-Owned Equipment Surplus and Authorize its (Purchasing):

a. Donation to Everyone’s Youth United, Inc.

b. Sale.

17. Approval of the Acceptance of the Receipt and File Quarterly Report of Claim Settlements for Quarter Ending March 31, 2004 (Risk Management/County Attorney).

arrow top

B. REGULAR AGENDA

None 18. Items for Discussion from Consent Agenda (County Administrator and Clerk of Circuit Court).

COUNTY ADMINISTRATOR

Public Works

approved 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.

approved 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.

approved 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.

approved 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.

approved 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.

Utilities

approved 24. Approval of an Additional General Liability Insurance Coverage Premium Payment for the Solid Waste Recourse Recovery Facility.

approved 25. Approval of Change Order No. 2 (Final) with Sonny Glasbrenner, Inc. for the McKay Creek Wastewater Facility Demolition Project and Release of Retainage.

approved 26. Approval of an Agreement with HDR Engineering, Inc. for Engineer of Record Consultant Services for Bridgeway Acres and Toytown Landfills.

approved 27. Approval of an Agreement with SCS Engineers, Inc. for Engineer of Record Consultant Services for Bridgeway Acres and Toytown Solid Waste Landfills.

Other Departments

approved 28. Adoption of a Resolution to Revise Park Department Special Event Fees and Establish Special Event Standard Operating Procedures (Culture, Education, and Leisure).

approved 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).

approved 30. Approval of the Donation of a Tractor, Trailers, and Hazardous Materials Supplies to the Board of County Commissioners (Emergency Management).

approved 31. Approval of an Airspace Agreement with the State of Florida Department of Transportation for the Friendship Trail (General Services).

approved 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).

approved 33. Approval of a Fourth Amendment to the Office Lease Agreement with Clearwater-Garden Tower Operating Associates, L.P. for Community Development (General Services).

approved 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).

approved 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).

approved 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).

approved 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.

COUNTY ATTORNEY

approved 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.

approved 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.

approved 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.

C. AUTHORITIES

ECONOMIC DEVELOPMENT AUTHORITY

approved 43. Approval of a Landlord's Estoppel Agreement with Opinion Research Corporation.

EMERGENCY MEDICAL SERVICES AUTHORITY

approved 44. Approval of the Annual Report of the Pinellas County Emergency Medical Services Office of the Medical Director.

WATER AND NAVIGATION CONTROL AUTHORITY

approved 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

approved 48. Approval of an Appointment to the Youth Advisory Committee.

approved 49. Approval of an Appointment to the Public Art and Design Committee.

50. Miscellaneous

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.

approved 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.

CITIZENS TO BE HEARD:

David Mamber, St. Petersburg, re Package Closing Hours
Derick Jagannath, St. Pete Beach, re Alcohol Topic

arrow top

6:30 P.M.

PRESENTATIONS AND AWARDS

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.

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.

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.

COUNTYWIDE PLANNING AUTHORITY PUBLIC HEARINGS

THE COUNTYWIDE COMPREHENSIVE PLAN FOR PINELLAS COUNTY

temporarily deferred 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.

approved 52. Private Dock Application P32579-03/Revised-A Submitted by Herbert Conner, 9606 62nd Avenue North, Long Bayou, St. Petersburg.

approved 53. Private Dock Application P33786-03/Revised Submitted by the Raffaele Rugo Trust, 304 Spring Court, Intracoastal Waterway, Clearwater.

approved 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 Harbor, Clearwater.

SCHEDULED PUBLIC HEARINGS - BCC

approved 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.

approved 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.

approved 57. Proposed Ordinance Amending the Major Findings of the Capital Improvements Element of the Countywide Comprehensive Plan.

approved 58. Proposed Ordinance Amending the Transportation Element of the Pinellas County Comprehensive Plan.

59. Planning and Zoning Applications Heard by the Examiner:

approved a. Z-1-1-04.
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).

approved b. Z-3-1-04.
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).

approved 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).

approved d. Z/LU-4-10-03.
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).

approved e. Z/LU-5-10-03.
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.

arrow top