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Pinellas County BCC Meeting Results - June 24, 2003

Meeting Date June 24, 2003 * 3:06 p.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

+ A. CONSENT AGENDA

CLERK OF THE CIRCUIT COURT

1. Approval of Minutes of Regular Meeting Held on May 20, 2003.

2. Reports:

a. City of Pinellas Park Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2002, Together with Single Audit Report.

b. Dock Fee Report for the Month of May 2003.

c. Internal Audit Division, Clerk of the Circuit Court, Report No. 2003-10 Dated May 29, 2003 - Audit of Mortgage Foreclosures.

d. Determination of Arbitrage Rebate Liability Report - $104,795,000 Pinellas County, Florida Sewer Revenue and Refunding Bonds, Series 1998 Dated May 22, 2003.

e. Pinellas County, Florida Annual Financial Report for the Fiscal Year Ended September 30, 2002.

f. Cost Allocation Plans for Fiscal Year 2002 Prepared by Maguire Associates of Virginia, Inc. for the County of Pinellas, Florida:

1. Central Services Full Allocation Plan.

2. Information Technology Services Departmental Cost Allocation Plan.

3. Risk Management Departmental Cost Allocation Plan.

4. OMB Circular A-87 Central Services Cost Allocation Plan.

3. Other Approvals:

a. General:

1. Recommendation that the Board of County Commissioners Approve Budget Amendment No. CBA-1-03.

2. Recommendation that the Board of County Commissioners Approve Budget Amendment for the Public Records Modernization Trust Fund.

b. Vouchers and Bills Paid.

c. Correction of Vouchers and Bills Paid in the Amount of $8,191,462.84 for the Period of May 19, 2003 through May 23, 2003.

4. Miscellaneous Items to be Received for Filing:

a. Correspondence from City of St. Petersburg Dated May 21, 2003 and May 6, 2003 Regarding Notice of Intent to Adopt an Ordinance, Resolution Accepting Redevelopment Authority from Pinellas County for Tangerine Avenue Community Redevelopment Area, and Revised Meeting Date Regarding Said Action, Respectively.

b. City of Clearwater Public Hearing Notices of Annexation, Land Use Plan and Zoning Atlas Amendments Regarding Ordinances Nos. 7143-03 through 7148-03 to be Held August 7, 2003.

c. Correspondence from City of Pinellas Park Regarding Three Ordinances Voluntarily Annexing Certain Properties, with Public Hearings to be Held June 26, 2003.

d. City of Pinellas Park Resolution No. 03-25 and Revised Resolution No. 03-25 Regarding Improvement of Gulf Boulevard between Walsingham Road and Park Boulevard, Adopted May 8, 2003.

e. City of Seminole Ordinances Nos. 13-2003 and 14-2003, Effective May 13 and May 27, 2003 Respectively, Annexing Certain Property.

f. Proclamation from Town of North Redington Beach Declaring May 10-13, 2003 as National Tourism Week, Adopted May 8, 2003.

g. Hillsborough County Board of County Commissioners Resolution No. R03-084 Requesting that Tampa Bay Manatee Awareness Coalition Serve as the Local Rule Review Committee for Hillsborough County, Adopted May 7, 2003.

h. Marion County Board of County Commissioners Resolution No. 03-R-107 Supporting Florida Citrus Growers, Adopted May 6, 2003.

i. Pinellas Park Water Management District Minutes of Regular Authority Meeting No. 7 Held April 17, 2003, Together with Financial Statement Dated April 2003.

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

k. Tampa Bay Regional Planning Council Resolution No. 2003-02 Regarding Courtney Campbell Scenic Highway Corridor Advisory Committee, Adopted May 12, 2003.

COUNTY ADMINISTRATOR

Public Works

5. Approval of Change Order No. 3 (Final) for Highpoint Revitalization Area (South Wind Tree Village).

6. Approval of Change Order No. 1 (Final) for Part I - MacGregor Drive Sidewalk Project and Part II - Highlands Boulevard Sidewalk Project.

7. Approval of Change Order No. 1 (Final) for Nebraska Avenue at U.S. Highway 19 North (East Leg).

8. Approval of Awards of Bids for:

a. McKay Creek Channel Improvements at Harbor Lake.

b. Georgia Avenue Reconstruction from County Road 1 to U.S. Alternate 19.

Utilities

9. Approval of an Award of Bid for Allens Ridge and Patty Ann Acres Reclaimed Water Distribution System.

10. Approval to Purchase Liquid Chlorine from DPC Enterprises, L.P.

Other Departments

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

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

13. Approval of Budget Amendment No. 18 (Management and Budget).

14. Approval to Declare Miscellaneous County-Owned Equipment as Surplus and Authorize its Donation (Purchasing).

B. REGULAR AGENDA

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

COUNTY ADMINISTRATOR

Airport

+ 16. Approval of an Application for $5,065,177.00 in Assistance from the Federal Aviation Administration for Various Projects.

+ 17. Approval of the Renewal of a Commercial Airline Operations Agreement with ABX Air, Inc.

+ 18. Approval of the Termination of Lease Agreement with SunTrust Bank and the Lease Agreement with Renewal Options with Sempermed USA, Inc.

Public Works

+ 19. Approval of Right-of-Way Acquisition on 82nd Avenue between 131st Street North and 130th Street North.

+ 20. Adoption of a Resolution Authorizing the Transfer of an Interest in County-Owned Land to the State of Florida, Department of Transportation, in a Perpetual Easement.

+ 21. Approval of an Easement Acquisition Agreement on County Road 1, Keene Road - Phase 1B, Drew Street to Sunset Point Road.

+ 22. Approval of the Municipal Services Taxing Unit Local Road Paving, Sidewalk and American Disabilities Act Ramp Program.

+ 23. Approval of the County Incentive Grant Program Amendment with the Florida Department of Transportation for the Construction of McMullen-Booth Road at State Road 590 Intersection Improvement Project.

+ 24. Approval of Awards of Bids for:

a. Hidden Meadows and Garlands Drainage Improvements and Roadway Construction.

b. Florida Botanical Gardens Phase 5 Extension Services Parking Lot, Bridge No. 2 and Amenities.

+ 25. Approval of the Installation of Three Speed Humps on 118th Avenue North, Located between 105th Lane North and 104th Street North.

Utilities

+ 26. Approval of Amendment No. 1 to the Agreement for Professional Consultant Services for Pinellas County Utilities Vulnerability Assessment for Water, Wastewater, Reclaimed Water Distribution System and Solid Waste Operations.

+ 27. Approval of Award of Bid for Annual Requirements of Methanol.

Other Departments

+ 28. Approval of the Declaration of One Property in Violation of the Flood Damage Prevention Article of the County Code and Section 1316 of the National Flood Insurance Act of 1968, as Amended (Building).

+ 29. Adoption of a Resolution Approving the Issuance of Multifamily Housing Revenue Bonds by the Pinellas County Housing Finance Authority for an Application for Tax-Exempt Bond Financing of Riverside Village (Community Development).

TD 30. Approval of the Agreement with The Florida Botanical Gardens Foundation, Inc. (Cooperative Extension).

+ 31. Adoption of a Resolution Approving Project 99092960852 as a Qualified Applicant for the Qualified Target Industries Tax Refund Program for Fiscal Years 2005-2010 (Economic Development).

+ 32. Approval of a Job Creation Grant Agreement with Nielsen Media Research, Inc. (Economic Development).

+ 33. Approval of the Recommendation to Declare One Escheat Property as Surplus, Waive Mineral Rights, and Deed Property to the City of St. Petersburg (General Services).

+ 34. Approval of the Lease Agreement with HPD Starkey Lakes, LLLP, for the Tax Collector (General Services).

+ 35. Approval of Amendment No. 4 to the Agreement for Professional Architectural Services for the St. Petersburg Judicial Building Plaza Level Deck (General Services).

+ 36. Adoption of a Resolution Earmarking Receipts for a Particular Purpose in the Fiscal Year 2003 General Fund for the Sheriff (Management and Budget).

+ 37. Approval of the Second Amendment to the Contract with Gulf Coast Jewish Family Services, Inc. d/b/a Gulf Coast Community Care (WorkNet).

+ 38. Approval of Amendment No. 2 to the Contract with Dynamic Educational Systems, Inc. (WorkNet).

+ 39. Approval of Amendment No. 1 to the Contract with Coordinated Child Care of Pinellas, Inc. (WorkNet).

40. Other Administrative Matters.

+ a. Approval of a resolution renaming the White Chapel Property.

+ b. Approval of Final Negotiated Contracts - Provision of Primary Services Through WorkNet Pinellas County Contract No. 023-339-P (GG).

c. Employee health care retiree issues.

d. Dome refunding issue.

e. Health Department fluoridation - work session scheduled for August 12, 2003.

f. Lealman fire incident report.


COUNTY ATTORNEY

+ 41. Authority for County Attorney to Defend:

a. BA Mortgage, LLC (a Wholly Owned Subsidiary of Bank of America N.A. Successor in Interest by Merger of Nationsbanc Mortgage Corporation) v. John W. Reidt, et al - Circuit Civil Case No. 03-3897-CI-21 - Mortgage Foreclosure Involving Judgments for Attorney Fees and Costs and Fines and Costs.

b. Bank of America, NA, as Successor to Bank of America Illinois, TR U/A dtd 030195 (EQCC Home Equity Loan Trust 1995-1) v. Bruce A. Smith, et al - Circuit Civil Case No. 03-4124-CI-21 - Mortgage Foreclosure Involving a Street Lighting Lien.

c. Household Finance Corporation III, a Delaware Corporation v. Alvin Robert Moncur - Circuit Civil Case No. 03-3360XXCICI - Mortgage Foreclosure Involving Judgments for Attorney Fees and Costs and Fines and Costs.

d. Principal Residential Mortgage v. Jerry L. Davis a/k/a Jerry Lynn Davis - Circuit Civil Case No. 03-3914-CI-19 - Mortgage Foreclosure Involving a Blanket Assignment of Mortgage and a Judgment for Dependency Attorney Fees and Costs.

e. United States of America, by and through the Secretary of the Department of Veterans Affairs v. Philip A. Callahan and Patricia J. Callahan, et al - Circuit Civil Case No. 03-3795-CI-20 - Mortgage Foreclosure Involving a Street Lighting Lien.

f. YK Landrest 2 Inc. v. Frank E. Dengg, et al - Circuit Civil Case No. 03-3558-CO-42 - Mortgage Foreclosure Involving a Notice of Lien.

g. William Patton v. Everett S. Rice, as Sheriff of Pinellas County - Case No. 03-3771-CI-20 - Allegations of Personal Injury While a Trustee in the Pinellas County Jail.

+ 42. Authority to Initiate Litigation on Behalf of:

a. Matthew Les Foris in the Claim of Matthew Les Foris v. Whitehall Enterprises, Inc., HUD No. 04-03-0088-8; PC No. 03-007 - Charge of Discrimination in Housing on the Basis of Race Against Whitehall Enterprises, Inc.

b. Judith Stamper-Rusk in the Claim of Judith Stamper-Rusk v. Kings Manor Estates, LLC, HUD No. 04-03-0568-8; PC No. 03-026 - Charge of Discrimination Based on Unlawful Retaliation Against Kings Manor Estates, LLC, with the Pinellas County Office of Human Rights.

+ 43. Authority to File a Small Claims Action on Behalf of Sunstar for Unpaid Ambulance Bills against the Estates of:

a. Helyn S. Boyajian.

b. Margaret J. Kearney.

+ 44. Authority for County to Ratify and Approve the Claim Submitted in its behalf as a Class Member to Recover All, or a Portion, of Costs Incurred by Pinellas County - Cardizem DC Antitrust Litigation - Case No.: 99-MD-1278, MDL No. 1278.

+ 45. Approval of a Resolution, Calling for a Referendum Election in the Pinellas Suncoast Fire and Rescue District on September 23, 2003, Seeking Approval of New Assessments, Increasing Rates Up to 58%.

+ 46. Approval of Exhibit "A" for Special Counsel de la Parte & Gilbert.

+ 47. Approval of an Amendment to Special Counsel Contract - Ford & Harrison, LLP.

+ 48. Approval of an Amendment to the Exempt Pay Plan.

+ 49. Approval to Execute a Satisfaction of Judgment against Howard M. Tripp - Case No. CRC99-17752CFANO.

+ 50. Approval of the Recommendation of Settlement in Catherine Reighard v. Pinellas County Government - Workers' Compensation OJCC#02-010253SPT, 02-005163SPT, 03-004241SPT.

None 51. Miscellaneous.

C. AUTHORITIES

ECONOMIC DEVELOPMENT AUTHORITY

+ 52. Approval of an Application for Federal Assistance to the Department of Energy for $2,000,000.00 in Grant Funds for Infrastructure Improvements at the Young - Rainey STAR Center

EMERGENCY MEDICAL SERVICES AUTHORITY

+ 53. Approval of Appointments to the Emergency Medical Services Medical Control Board.

+ 54. Approval of the Fourth Amendment to the Agreement to Audit Financial Statements and Records with KPMG, LLP, to Complete EMS Write-Off Reviews.

D. COUNTY ADMINISTRATOR REPORTS

55. Update on St. Petersburg-Clearwater International Airport's Master Plan.

E. COUNTY COMMISSION

+ 56. Approval of a Reappointment to the Pinellas County Park Advisory Board.

+ 57. Approval of Reappointments to the WorkNet Pinellas Youth Council.

58. Miscellaneous:

+ a. Citrus Tariff Resolution.

6:44 P.M.

PRESENTATIONS AND AWARDS

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 Yellow Card Filled Out and Given to the Agenda Coordinator at the Staff Table Located at the Front of the Board Room. The Chair Will Call Each Speaker's Name.

Jo-An Totty, Palm Harbor, re White Chapel; public apology from Commissioners.
Matthew Sullivan, St. Petersburg, re Clearwater Boxing Team.
Gabriel Sullivan, St. Petersburg, re Clearwater Boxing Team.
Kieth Thurman, Clearwater, re Getting the Gold National Title.
Cathy Corry, Clearwater, re Pinellas County Sheriff's Department and Pinellas Juvenile Detention Center.
Dave Plyer, Clearwater, re Pinellas Juvenile Detention Center.
Raymond E. Thorn, Palm Harbor, re Wall Springs Park.
Bob Kersteen, St. Petersburg, re recognition of Vietnamese Republican Flag.
Jong Thanh Ingalls, St. Petersburg, re recognition of Vietnamese Republican Flag.
Dr. Luong Nguyen, Orlando, support of Vietnamese Republican Flag.
Dr. Van Nguyen, Palm Harbor, re recognition of Vietnamese Republican Flag.
Yen Ba Chu, Miramar, re recognition of Vietnamese Republican Flag.


G. SCHEDULED PUBLIC HEARINGS

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. 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. Please Refer to the Back of Your Agenda Copy for More Details on Guidelines for Time Limitations and Opportunities to Speak.

SCHEDULED PUBLIC HEARINGS

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.

+ 59. Commercial Dock Application CC32650-03 for the City of Clearwater Sand Key Sailing Center, 1001 Gulf Boulevard, Clearwater Harbor, Clearwater.

+ 60. Private Dock Application P31872-02/Revised-A for Huyen Tran, 3732 Presidential Drive, Lake Tarpon, Palm Harbor.

+ 61. Private Dock Application P32440-02 for Andrew Stenberg, 3798 Presidential Drive, Lake Tarpon, Palm Harbor.

+ 62. Multi-Use Dock Application M32409-02/Revised for Brightwater Townhomes, LLC by Gus Giovannia, 200 and 208 Brightwater Drive, Clearwater Harbor, Clearwater.

+ 63. Multi-Use Dock Application M32655-03 for Bayway Townhomes by Roland Rogers, 656 Bayway Boulevard, Clearwater Harbor, Clearwater.

+ 64. Multi-Use Dock Application M32509-03 for Brent Baldwin and Matthew Schirmer, 2677 St. Josephs Drive East, Clearwater Harbor, Dunedin.

SCHEDULED PUBLIC HEARINGS - BCC

65. Planning and Zoning Applications Heard by the Examiner:

+ a. Z-1-5-03.
Application of Robert and Cynthia Magray through Ranmar Development, Inc., Representative, for a Change of Zoning from M-1, Light Manufacturing and Industry to C-2, General Retail Commercial and Limited Services District on Approximately 0.346 Acre Located 150 Feet South of Ulmerton Road, 467 Feet East of 62nd Street North (Parcel ID No. 08-30-16-70974-100-0601).

+ b. Z-2-5-03.
Application of John M. Garmone, Frederick J. Garmone and Tina M. Garmone through Stuart Cohen, American Housing Corporation, for a Change of Zoning from R-6, Mobile Home Parks and Subdivisions to R-3, Single Family Residential on Approximately 0.30 Acre Located at the Southeast Corner of 51st Avenue North and 80th Street North (Parcel ID No. 01-31-15-98262-000-0010).

+ c. Z-3-5-03.
Application of American Housing Corporation through Stuart Cohen, American Housing Corporation, Representative, for a Change of Zoning from R-6, Mobile Home Parks and Subdivisions to R-3, Single Family Residential on Approximately 0.138 Acre Located on the North Side of 108th Avenue North, 181 Feet West of 61st Street North (Parcel ID No. 17-30-16-60832-000-1460).

X - Denied without d. Z/LU-4-5-03 (to be Withdrawn).
prejudice Application of Paul H. Broyhill, d/b/a P.B. Realty, Inc., through Frank Blandford, Tourtelot Brothers, Inc., Realtors, Representative, for a Change of Zoning from C-3, Commercial, Wholesale, Warehousing and Industry Support to C-2, General Retail Commercial and Limited Services District and a Land Use Change from Industrial Limited to Commercial General on Approximately 4.61 Acres Located at the Southwest Corner of Ulmerton Road and 40th Street North (Parcel ID No. 10-30-16-71010-200-0101).

+ 66. Adoption of an Amending Ordinance Relating to Street Lighting Districts.

+ 67. Adoption of an Ordinance Amending the Fireworks Ordinance.

10:40 P.M. ADJOURNMENT