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Pinellas County BCC Meeting Results - May 20, 2003

Meeting Date May 20, 2003 * 9:32 a.m.






Temporarily Deferred


Public Hearing

PH Date



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




1. Approval of Minutes of the Regular Meeting of April 15, 2003.

2. Reports:

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

b. Juvenile Welfare Board Interim Financial Reports, Unaudited, Dated March 31, 2003.

c. Eastlake Oaks Community Development District Independent Auditors' Report and General Purpose Financial Statements for the Fiscal Year Ended September 30, 2002, Prepared by Grau & Company, P.A.

d. Pinellas Park Water Management District Public Facilities Report Prepared March 2003 by Camp Dresser & McKee Inc.

e. Audit of Traffic Ticket Credit Card Payments, Internal Audit Division, Clerk of the Circuit Court, Report No. 2003-4 Dated May 1, 2003.

f. Follow-Up Review of Audit of STAR Center, Internal Audit Division, Clerk of the Circuit Court, Report No. 2003-5 Dated May 1, 2003.

g. Follow-Up Review of Audit of Orange Blossom Catering Agreement with the STAR Center, Internal Audit Division, Clerk of the Circuit Court, Report No. 2003-6 Dated May 1, 2003.

h. 2003-2004 Operating Budget Request for the Office of the Clerk of the Circuit Court and the 2003-2004 Budget for Expenditures Planned from the Modernization Trust Fund.

3. Other Approvals:

a. General - None.

b. Vouchers and Bills Paid.

4. Miscellaneous Items to be Received for Filing:

a. Florida Public Service Commission Notice of Commission Hearing and Prehearing Regarding a Petition for Arbitration of Open Issues Resulting from Interconnection Negotiations with Verizon Florida, Inc. by Dieca Communications, Inc. d/b/a Covad Communications Company, Held May 14, 2003 in Tallahassee.

b. City of Largo Notice of Annexation Hearing Regarding Ordinances Nos. 2003-62 and 2003-63, Public Hearing Held May 6, 2003.

c. Correspondence from City of Pinellas Park Regarding Two Ordinances Voluntarily Annexing Certain Property and the Denial without Prejudice of Annexation Ordinance No. 3107; Public Hearing Held May 8, 2003.

d. City of Seminole Ordinances Nos. 9-2003 and 10-2003 Effective April 22, 2003, Annexing Certain Property.

e. City of Indian Rocks Beach Resolution No. 2003-56 Regarding the Creation of Countywide "Challenge" Recreation Program.

f. City of Madeira Beach Resolutions No. 03.07 Regarding Improvement of Gulf Boulevard between Walsingham Road and Park Boulevard and No. 03.08 Regarding Funding of Beach Erosion Control Project, Adopted April 8, 2003.

g. City of Pinellas Park Resolution No. 03-20 Adopted April 10, 2003, Honoring Girls Incorporated of Pinellas.

h. City of Treasure Island Resolution No. 03-36 Adopted April 7, 2003, Regarding the Creation of Countywide "Challenge" Recreation Program.

i. Feather Sound Community Services District, Inc. Financial Statements and Independent Auditor's Report for the Years Ended September 30, 2001 and 2002.

j. Pinellas Park Water Management District Minutes of Regular Authority Meeting No. 6 Held March 20, 2003, Together with Financial Statement Dated March 2003.


Public Works

5. Approval of the Annual Joint Funding Agreement with the U.S. Geological Survey, U.S. Department of the Interior, for Water Resources Data Collection.

6. Approval of Items Concerning the Construction of Keene Road from Sunset Point Road to Virginia Street:

a. Change Order No. 3 (Final).

b. Asphalt Concrete Surface Course Warranty and Maintenance Bond.


7. Approval of an Award of Bid for Acute and Chronic Toxicity Tests.

8. Approval of Change Order No. 1 (Final) for Storm Leachate Control Structure at Outfall Bond "A," Retaining Wall at Resource Recovery Hot Pad, and Release of Retainage.

9. Approval of the Ranking of Firms and Authorization for Staff to Negotiate a Contract with the Number One Ranked Firm for Debris Management.

Other Departments

10. Receipt and File of Items Delegated to the County Administrator for Approval (County Administrator).

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

12. Approval of the Purchase Authorization of Five Bucket Trucks from Altec Industries, Inc. (Fleet Management).

13. Approval of Budget Amendment No. 16 (Management and Budget).

14. Adoption of a Resolution to Earmark Receipts for a Particular Purpose in the Fiscal Year 2003 General Fund Budget for the Judiciary - Teen Court (Management and Budget).


None 15. Items for Discussion from Consent Agenda (County Administrator and Clerk of Circuit Court).


Public Works

+ 16. Approval of the Installation of Five Speed Humps on Emerald Lane between 150th Avenue North and East Bay Drive, and a Four-Way Stop on Emerald Lane at 4th Avenue Southeast.

+ 17. Approval of the Installation of Four Speed Humps on Azalea Place, Floral Drive and 36th Street Southeast, and a Four-Way Stop on 36th Street Southeast at 4th Avenue Southeast.

+ 18. Approval of the Installation of Two Speed Humps on 95th Street North, Located between 126th Avenue North and Randolph Street, and a Four-Way Stop Condition on 95th Street North at 126th Avenue North.

+ 19. Approval of Change Order No. 1 (Final) for Fort DeSoto Boat Launching Facilities Repairs.


+ 20. Approval of an Interlocal Agreement with the City of Oldsmar to Provide Compensation for the Loss of Recreational Open Space (Canal Park) for the North County Reclaimed Water System.

+ 21. Approval of Amendment No. 9 to the Construction Management Agreement with Beers Skanska, Inc. for the South Cross Bayou Water Reclamation Facility Phase II-B Improvements, and Partial Release of Retainage.

+ 22. Approval of Amendment No. 4 to the Engineering Agreement with Jones, Edmunds and Associates, Inc. for Consulting Services for the Water Quality Study and Analysis.

Other Departments

+ 23. Approval of the Declarations of Six Properties in Violation of the Flood Damage
Property #6 Prevention Article of the County Code and Section 1316 of the National
TD to 6/10/03 Insurance Act of 1968, as Amended (Building).

+ 24. Approval of the Authorization to Advertise for a Public Hearing on the Fiscal Year 2003-04 Consortium's Action Plan for Federal Funding (Community Development).

+ 25. Approval of a Request for an Expanded Scope of Manufacturing Authority for Cardinal Health 409, Inc., f/k/a R.P. Scherer, in Foreign Trade Subzone No. 193A (Economic Development).

+ 26. Adoption of a Resolution for the Tampa Bay Estuary Program Manatee Awareness Coalition to Form a Task Force and Serve as the Local Rule Review Committee (Environmental Management).

+ 27. Approval of Change Order No. 1 for Modifications to the Mobile Medical Unit (Fleet Management).

+ 28. Approval of a $4,200,000.00 Grant Application for Florida Forever Funding with Florida Communities Trust (General Services).

+ 29. Approval of the Purchase Sale Agreement for the Wilcox Road Parcel Owned by CSX Transportation, Inc. in the Dansville Redevelopment Area (General Services).

+ 30. Approval to Declare Parcel No. 35-27-15-00000-420-0300 as Surplus, Establish a Base Bid, Grant Authorization to Sell and Permission to Advertise (General Services).

+ 31. Approval of the Antenna Siting License Agreement with VoiceStream Tampa/Orlando, Inc. (General Services).

+ 32. Approval of Requests by the City of St. Petersburg to Approve Ad Valorem Property Tax Exemptions for Historic Structures (Planning):

a. The Thomas Whitted House.

b. The Mayor Bradshaw House.

+ 33. Approval of the Revised Board of County Commissioners' Travel Policy (Purchasing).

+ 34. Approval of the Award of a Proposal for the Self-Funded Group Dental Direct Reimbursement Program to the Highest Ranked Proposer, Direct Reimbursement Benefit Plans (Purchasing/Personnel).

+ 35. Approval of Amendment No. 1 to the Agreement with St. Petersburg College for One Stop Operator Services through June 30, 2003 (WorkNet).

+ 36. Approval of Amendment No. 1 to the Agreement with Dynamic Education Systems, Inc. through June 30, 2003 (WorkNet).

+ 37. Approval of Amendment No. 1 to the Agreement with Family Service Centers, Inc. through June 30, 2003 (WorkNet).

+ 38. Approval of Amendment No. 1 to the Agreement with Gulf Coast Jewish Family Services, d/b/a Gulf Coast Community Care, through June 30, 2003 (WorkNet).

39. Other Administrative Matters.
Security Briefing to be held 06/03/03 at 9:00 A.M. in Commissioners' Conference Room.


+ 40. Approval of the Authority for County Attorney to Defend:

a. Administrative Hearing of City of Clearwater, Florida, For Use and Benefit of Lawrence H. Dimmitt, III, and Lawrence H. Dimmitt, Jr., as Trustee Under Amended Revocable Living Trust Agreement Dated December 1, 1998 v. Pinellas County Board of County Commissioners, as Countywide Planning Authority - DOAH Case No. (To Be Assigned) - Appeal of Earlier CPA Decision.

b. City of Largo, FL v. Jim Smith, Pinellas County Property Appraiser, Diane Nelson, Pinellas County Tax Collector and Pinellas County, et al - Circuit Civil Case No. 03-0032-01-CI-15 - Allegations that Property Appraiser Changed His Policy for Processing Annexations Commencing Within the 2002 Tax Year.

c. Barbara Dawn Hall v. Everett Rice, as Sheriff of Pinellas County, Florida, and Donald Rogers Individually and in His Official Capacity as Deputy Sheriff of Pinellas County, Florida - Case No. 8:03-CV-685-T-17MAP - Allegations of False Arrest and Unreasonable Force.

d. Lisa M. Leccese v. Sheriff Everett S. Rice, Pinellas County Sheriff - Circuit Civil Case No. 03-2898-CI-21 - Allegations of Negligence in the Operation of a Sheriff's Cruiser.

e. Linda Mancini-Taylor v. Pinellas County Board of County Commissioners, Office of the Medical Director - Appeal from a Denial of Paramedic Credentials by the Office of the Medical Director.

f. Motion to Authorize County Attorney to Investigate Claims and to Defend Anticipated Litigation in the Matter of Nature's Watch and Eagle's Reserve Claims.

+ 41. Approval of the Authority for the County to File a Small Claims Action on Behalf of Sunstar against the Estate of Arleen F. Stevenson for Unpaid Ambulance Bills.

+ 42. Approval of the Special Counsel Contract with Foley & Lardner - Revised Exhibit "A."

+ 43. Approval of Addendum No. 1 to the Law Enforcement Services Contract for the City of Seminole.

+ 44. Approval of the Recommendation to Reject the Settlement Offer of John and Gerald Sachs in the Matter of John and Gerald Sachs v. Roger B. Broderick, Johnson, Blakley, Pope, Bokor, Ruppel & Burns, P.A., et al - Circuit Civil Case No. 96-6199-CI-11.

+ 45. Approval of the Recommendation of Settlement in Joseph Laurino v. Pinellas County Government - Workers' Compensation OJCC No. 91-005153SPT - Date of Accident: 11/20/91 and 8/15/94.

46. Miscellaneous.

a. U.S. Department of Labor Audit update.

b. Impending litigation at solid waste plant.



+ 47. Approval of a Lease Agreement with CTC Tampa Bay, Inc. at the Young - Rainey STAR Center.



a. Legislative Update.
b. Joint statement prepared re mediation session to be held 06/04/03 with Pinellas Park, Seminole and Largo.
c. Largo annexation proposal re High Point area.
d. Gas tax and Gulf Boulevard update and upcoming work session.


+ 49. Approval of Appointments to the Youth Advisory Committee.

50. Miscellaneous.

  • Commr. Welch re St. Petersburg rewrite of land use, zoning and development codes.
  • Commr. Stewart re House Bill 105A; Reconsideration of Board's Rules of Decorum (+); Rules of Decorum suspended for this meeting (+).
  • Chairman Seel re request of the Tourist Development Council to take $330,000 from Convention & Visitors Bureau's contingency reserve account to allow development of an advertising plan (+); Chairman's Council Public Hearing to be held 06/10/03.
  • Commr. Harris re Youth Advisory Committee update; water conservation tip re showers.
  • Commr. Morroni re Law Enforcement Dinner update.

6:30 P.M.



Any Person Wishing to Speak at This Time, Excluding Issues on the Agenda or Previously Acted on by the BCC, Must Have a Yellow Card Filled Out and Given to the Agenda Coordinator at the Staff Table Located at the Front of the Board Room. No Person May Speak More Than Once on the Same Subject within a 30-Day Period, Unless Specifically Granted Permission by the Chair. The Chair Will Call Each Speaker's Name.


Any Person Wishing to Speak about a Public Hearing on This Agenda Must Have a Yellow Card Filled Out and Given to the Agenda Coordinator at the Staff Table Located at the Front of the Board Room. Please Refer to the Back of Your Agenda Copy for More Details on Guidelines for Time Limitations and Opportunities to Speak. The Chair Will Call Each Speaker's Name. 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.


Consideration of the Following Proposal as a Regular Amendment to the Adopted Countywide Future Land Use Plan:

+ 51. Case #CW 03-31 - Dunedin (Continued from May 6, 2003 BCC Meeting). Location - 17.1 Acres Located on the Southwest Corner of U.S. Highway 19 and Congress Avenue. Amendment from Residential Low Medium; Preservation; Resort Facilities Overlay; Undesignated to Residential Low; Residential Low Medium; Commercial General; Preservation.


+ 52. Petition to Vacate Submitted by John M. Wolfe, III, and Brenda West Wolfe, for a 3.5 Foot by 46.5 Foot Portion of a 10.0 Foot Utility Easement on Lot 81, Orangepointe Unit II, Located in the Southwest 1/4 of Section 31, Township 27 South, Range 16 East.

Planning and Zoning Application Heard by the Examiner:

+ 53. Z/LU-1-4-03 (Continued from May 6, 2003 BCC Meeting). Application of
as amended Skylark R.O. Association, Inc., through Ed Armstrong, c/o Johnson, Blakely, Pope, Bokor, Ruppel and Burns, Representative, for a Zoning Change from R-6, Mobile Home Parks and Subdivisions to C-2, General Retail Commercial and Limited Services District, a Land Use Change from Residential Urban and Transportation/Utility to Commercial General and Transportation/Utility and a Developer's Agreement on Approximately 13.04 Acres on the Northeast Corner of State Road 580 and Summerdale Drive (Street Address: 2526 State Road 580 East) (Parcel ID No. 30-28-16-82694-000-0002).

+ 54. Adoption of an Ordinance for Mangrove Trimming and Preservation (Continued from December 3, 2002 BCC Meeting).