Pinellas County Government

 Pinellas County BCC Meeting Results


Meeting Date July 26, 2005 * 3:42 P.M.

RESULTS KEY

Approved

approved

Denied

denied

Temporarily Deferred

temporarily deferred

Public Hearing

public hearing

 Withdrawn withdrawn
AGENDA
Regular Public Meeting
3:42 P.M.
Pinellas County
Board of County Commissioners (BCC)
July 26, 2005

INVOCATION

PLEDGE OF ALLEGIANCE to the Flag of the United States of America
PRESENTATIONS and AWARDS

A. CONSENT AGENDA

CLERK OF THE CIRCUIT COURT

approved 1. Approval of Minutes – None.

2. Reports:

approved a. Pinellas County Comprehensive Annual Financial Report for the
Fiscal Year Ended September 30, 2004.

approved b. Quarterly Investment Report for the Period Ended March 31, 2005

approved c. City of Indian Rocks Beach Comprehensive Annual Financial
Report for the Fiscal Year Ended September 30, 2004.

See No. 15 d. City of Largo Ability to Serve Annexation Report Regarding 58th Street North and Roosevelt Boulevard Annexation Area.

approved e. Eastlake Oaks Community Development District Proposed
Operating and Debt Service Budget for Fiscal Year 2006 Dated June 9, 2005, Pursuant to Chapter 190.008(2)(b), Florida Statutes.

approved f. Dock Fee Report for the Month of May 2005.


approved 3. Other Approvals:

a. General – None.

b. Vouchers and Bills Paid.

approved 4. Miscellaneous Items to be Received for Filing:

a. Florida Public Service Commission Notice of Customer Service Hearings Regarding Application for a Rate Increase by Progress Energy Florida, Inc. to be Held in Various Locations During the Months of July and September, Issued June 24, 2005.

b. Surface Transportation Board Decision Regarding Extension of Notice of Interim Trail Use or Abandonment Negotiating Period through December 10, 2005 Regarding a Portion of the CSX Transportation, Inc. Railroad Line.

c. Correspondence from City of Pinellas Park Regarding Two Ordinances Voluntarily Annexing Certain Property; Public Hearings Held July 14, 2005.

d. City of Seminole Ordinance No. 12-2005 Effective June 14, 2005 Voluntarily Annexing Certain Property.

e. Town of Indian Shores Resolution No. 10-2005 Supporting Under Grounding of Electric Lines and Other Utilities along Gulf Boulevard Adopted June 15, 2005.

f. Pinellas Park Water Management District Minutes of Regular Authority Meeting No. 8 Dated May 19, 2005, and Financial Statement for the Month of May 2005.

COUNTY ADMINISTRATOR

Public Works

approved 5. Approval to Release Surety and Record Three Plats.

approved 6. Approval of the Quarterly Receipt and File Report of County Administrator-Approved Consultant’s Competitive Negotiation Act Amendments and/or Agreements from April 1, 2005 to June 30, 2005.

approved 7. Approval of Awards of Bid to:

a. Subaqueous Services, Inc. for McKay Creek Maintenance Dredging from Indian Rocks Road to Church Creek (Companion Agenda Item No. 24).

b. Various Bidders for Herbicides, Insecticides, and Fungicides (Cooperative).

Utilities

approved 8. Approval of Change Orders No. 1 Final and Release of Retainage with:

a. Kloote Contracting, Inc. for Oakhurst Station Water Storage Tank Modifications.

b. Volt Telecommunications Group, Inc. for Beacon Groves and Orange Point Reclaimed Water Distribution System.

approved 9. Approval of Ranking of Firms and Authorization for Staff to Negotiate with the Number One Ranked Firm for Professional Engineering and Hydrogeologic Services for Lake Tarpon Aquifer Storage and Recovery Testing Program.

Other Departments

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

approved 11. Approval of the Ranking of Firms and Authorization for Staff to Negotiate with the Three Top Ranked Firms for Professional Mechanical/Electrical Engineering Consulting Services for the Young – Rainey STAR Center and Other Departments (Economic Development).

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

approved 13. Approval to Declare Surplus and Sell Miscellaneous County-Owned Equipment (Purchasing).

AUTHORITIES

Emergency Medical Services Authority

approved 14. Approval of Appointments and Re-Appointments to Emergency Medical Services Advisory Council.


B. REGULAR AGENDA

15. Items for Discussion from Consent Agenda (County Administrator and Clerk of Circuit Court).
Agenda Item No. 2d pulled.

COUNTY ADMINISTRATOR

Public Works

approved 16. Approval of the Request for Termination of Public Right-of-Way in Forest Ridge Phases One and Two Subdivisions along Anclote Boulevard.

approved 17. Approval of the Installation of Three-Way Stop Conditions at Pennsylvania Avenue and Ryan Woods, Orange Street and Shore Drive, Orange Street and Florida Avenue, and Orange Street and Tampa Road (State Road 752).

approved 18. Approval to Declare Surplus, Establish a Base Bid, and Grant Authorization to Advertise and Sell Real Property Located at the Far East Parking Lot of the Clearwater Courthouse.

approved 19. Approval of the Contract for Sale and Purchase of Real Property at 2749 Morningside Drive for the Alligator Creek, Channel B, Phase 3 Project.

approved 20. Approval of the Contract for Sale and Purchase of Real Property Located North and Adjacent to 13018 U.S. Highway 41 North for Access to the Cross Bar Well Field.

approved 21. Approval of the Contract for Sale and Purchase of Real Property at 6660 10th Avenue Terrace South for the Bear Creek Channel Improvements Project.

approved 22. Approval of an Award of Bid to Universal Signs and Accessories and Vulcan Signs for Traffic Sign Blanks, Posts, and Brackets (Cooperative).

approved 23. Approval of Change Order No. 3 Final, Acceptance of Contract as Complete, and Release Retainage with Keystone Excavators, Inc. for the Fred Marquis Pinellas Trail Northeast Extension.

approved 24. Approval of Amendment No. 1 to the Joint Project Agreement (JPA) with the City of Largo for Hydraulic Dredging of McKay Creek (Companion Agenda Item No. 7a).

approved 25. Approval of Change Order No. 1 with Skanska USA Building, Inc. for the Jail Expansion Phase 2, Health Care Facility.

Other Departments

approved 26. Approval of an Interlocal Agreement with Orange County Industrial Development Authority Regarding Issuance of Not to Exceed $16,000,000 in Industrial Revenue Bonds for the Christian Prison Ministry, Inc. Project (Economic Development) (Companion Agenda Item No. 27).

approved 27. Adoption of a Resolution Approving Issuance by Orange County Industrial Development Authority of Not to Exceed $16,000,000 in Industrial Revenue Bonds for the Christian Prison Ministry, Inc. Project (Economic Development) (Companion Agenda Item No. 26).

approved 28. Approval of an Agreement with Southwest Florida Water Management District for the Long Bayou/Lake Seminole Bypass Canal Regional Stormwater Treatment Facility (Environmental Management).

approved 29. Approval of a JPA with the Florida Department of Transportation (FDOT), District 7, for the Design, Permitting, Construction, Maintenance, and Operation of an Alum Treatment System at the FDOT Pond Located at East Oakwood Drive and U.S. Highway 19 (Environmental Management).

approved 30. Approval of the Fourth Amendment to the Lease Agreement with Crown Castle GT Company LLC (General Services).

approved PH - 8-16-05 31. Approval of Authority to Advertise a Public Hearing Regarding Consistency Determination with the Comprehensive Plan for the New High Point Elementary School (Planning).

approved 32. Adoption of a Resolution Designating Interstate 275 from the Howard Frankland Bridge to the Sunshine Skyway Bridge as the “St. Petersburg Parkway/William C. Cramer Memorial Highway” and the Sunshine Skyway Bridge as the “Bob Graham/Sunshine Skyway Bridge” (Planning).

approved 33. Approval of the Ranking of Firms and Authorization for Staff to Negotiate with the Number One Ranked Firm for Computer Equipment Leasing (Purchasing).

approved 34. Approval of an Amendment to the Agreement for Claims Administration System Software to Acknowledge a Change of Corporate Identity from Marsh USA, Inc. to CS Stars LLC (Risk Management).

35. Other Administrative Matters.

a. Announcement Regarding Submittal of Tentative Budget and Certification of Tentative Millages for Truth in Millage (TRIM) Notices.

approved b. Approval of Final Negotiated Contract for Food Service Operation with Demko Vending, Inc. at Clearwater Courthouse (Management and Budget).

COUNTY ATTORNEY

approved 36. Approval of Authority for County Attorney to Defend the Case of Long Bayou Road Association, a Florida Not-for-Profit Corporation v. Pinellas County, a Political Subdivision of the State of Florida, and Any and All Unknown Interested Parties – Circuit Civil Case No. 05-4141-CI-7 – Quiet Title Action.

approved 37. Approval of Authority for County Attorney to Initiate Litigation in the Cases of:

a. Jim Coats, as Sheriff of Pinellas County v. Daniel Killin – Date of Incident: March 23, 2004; Risk Claim No. 04-75611.

b. Pinellas County v. Katina Wilson, James Wilson and Christine Pejot - Case No. 05-5926-CO-42.

approved 38. Approval of Authority for County Attorney to Settle the:

a. Claim of State Farm Insurance Co. as Subrogee of Eric and Susan Chapman – Claim No. GC0479049.

b. Case of Pinellas County v. Pine Ridge at Lake Tarpon Village I Condominium Association, Inc. - Circuit Civil Case No. 04-7686-CI-15.

None 39. Miscellaneous.


C. COUNTY ADMINISTRATOR REPORTS

40. None.


D COUNTY COMMISSION

41. Miscellaneous.

approved Appointment of Sallie Parks by Commissioner Duncan to Pinellas Environmental Foundation Advisory Board.

Commr. Duncan Comments re NACo Conference and thanks to attendees; participation in ride-along with Palm Harbor Fire Department; Neighborhood Forum at St. Petersburg College in Seminole on 8-2-05 at 7 P.M. re St. Petersburg College expansion.
Commr. Seel Need new appointee to Partnership for a Healthier Pinellas; update re meeting at Brooker Creek; littering issues.

approved New Appointments and Reappointments to Pinellas County Economic Development Council.

approved Appointments to WorkNet Pinellas Board of Directors.

approved Appointments/Reappointments to Public Access Advisory Council.

Commr. Welch Will bring back resolution re Drug Paraphernalia Task Force; comments re NACo conference and drug issues.
Commr. Harris Commends Commr. Duncan for recognition of youth for accomplishments; water conservation tip.
Commr. Latvala Comments re NACo conference and drug issues.



6:30 P.M.

E. CITIZENS TO BE HEARD

Any Person Wishing to Speak at This Time, Excluding Non-Public Hearing Items on the Agenda or Issues Previously Acted on by the BCC, Must Have a Yellow Card Completed and Given to the Board Secretary at the Staff Table Located at the Front of the Board Room. The Chair Will Call Each Speaker, One by One, to the Podium to be Heard. Each Speaker May Speak up to Three (3) Minutes.
Peter White, Largo, re Job Corps.


F. SCHEDULED PUBLIC HEARINGS

Any Person Wishing to Speak about a Public Hearing Item Shall Complete a Blue Card and Submit it to the Board Secretary at the Staff Table Located at the Front of the Board Room. The Procedure Used by the BCC in Conducting Public Hearings is to Have a Staff Presentation Followed by the Applicant Presenting the Specific Proposal. The BCC 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 BCC 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.

1. Any Person Who Has Been Authorized to Represent an Organization with Five (5) or More Members or a Group of Five (5) or More Persons Shall Complete a Blue Card, Submit it to the Board Secretary at the Staff Table Located at the Front of the Board Room, and Should Limit Their Presentation to Ten (10) Minutes. It is Expected that Others in the Organization or Group Will Waive Their Time.

2. Any Other Person Who Wishes to Speak about a Public Hearing Item Shall Complete a Blue Card, Submit it to the Board Secretary at the Staff Table Located at the Front of the Board Room, and May Speak up to Three (3) Minutes. The Chair Will Call Each Speaker, One by One, to the Podium to be Heard.

TOURIST DEVELOPMENT COUNCIL PUBLIC HEARING

approved 42. Proposed Ordinances to Amend Pinellas County Code Section 118-32(1)(f) for Exclusive Use of, and Section 118-31(a) for Levying, the Fifth Cent Tourist Development Tax

COUNTYWIDE PLANNING AUTHORITY PUBLIC HEARING

approved 43. Proposed Amendments to the Countywide Land Use Plan (Second Public Hearing).

SCHEDULED PUBLIC HEARINGS – BCC

approved 44. Proposed Amending Ordinance Relating to Street Lighting Districts.

approved 45. Proposed Resolution Authorizing Submission of the Consortium’s Fiscal Years 2006-2010 Consolidated Plan and 2005-2006 Action Plan.

approved 46. Proposed Ordinance for Pinewood Cultural Park.

approved 47. Proposed Ordinance to Amend the Purchasing Ordinance Exempting Sponsorships and Adoption of a Resolution to Approve Sponsorship Policy.

temporarily deferred 8-16-05 48. Proposed Resolution Regarding the City of Largo’s Clearwater-Largo Road Corridor Community Redevelopment Plan (Continued from June 7 and June 28, 2005, BCC Meetings; to be Continued to August 16, 2005, BCC Meeting).

Chief Assistant County Administrator D. Gay Lancaster read announcement re Agenda Items 49a, e and f which are amendments to County Comprehensive Plan and require transmittal to Department of Community Affairs (DCA) for review; and corrected the record re Z/LU-6-5-05 heard on June 28, 2005. Record reflects Board approved this case and should reflect that the Board’s intent was to approve and transmit item for review by the DCA and Pinellas Planning Council. Once those reviews are complete, item will come back to Board for final review of those agencies’ comments and Board will take final action on this case at that time.

49. Planning and Zoning Applications Heard by the Examiner:

approved a. Z/LU-3-6-05
Application of Ireson Enterprises, Inc. through Sam and Florence Ireson, Representatives, for a Change of Zoning from C-1, Neighborhood Commercial to RM-10, Residential Multiple Family-10 Units per Acre and Land Use Change from Commercial General to Residential Low Medium on Approximately 2 Acres Located on the Southwest Corner of Tom Stuart Causeway and Navajo Drive.

approved b. Z-5-6-05
Application of Barry L. Mears through Hayes & Associates Realty, Inc., Donald R. Golliher, Representative, for a Change of Zoning from M-2, Heavy Manufacturing and Industry to M-1, Light Manufacturing and Industry on Approximately 2.05 Acres Located on the East Side of Anclote Road, 815 Feet South of Brady Place.

approved c. Z-7-6-05
Application of Nicholas R. Sayat for a Change of Zoning from A-E, Agricultural Estate Residential to RR, Rural Residential on Approximately 0.564 Acre Located on the South Side of Abbey Lake Road and East of 2941 Abbey Lake Road.

approved d. LU-9-6-05
Application of Harold T. Singer and MJW Property Holdings II, LLC through Johnson, Pope, Bokor, Ruppel & Burns, LLP, Timothy A. Johnson, Jr., Esquire, Representative, for a Change of Land Use from Industrial Limited to Industrial General on Approximately 8.734 Acres at the Southwest Corner of 40th Street North and 132nd Avenue North, 660 Feet South of Ulmerton Road.

approved e. Z/LU-10-6-05
Application of Pinellas County Public Works through Charles Norwood, Representative, for a Change of Zoning from RM-5, Residential Multiple Family-5 Units per Acre, RM-7.5, Residential Multiple Family-7.5 Units per Acre, R-3, Single Family Residential, M-1, Light Manufacturing and Industry, M-2, Heavy Manufacturing and Industry, PC, Preservation Conservation and C-2, General Retail Commercial and Limited Services District to P-RM, Preservation-Resource Management and PC, Preservation Conservation and Change of Land Use from Industrial General, Industrial Limited, Preservation, Residential Urban to Recreation/Open Space and Preservation-Resource Management on Approximately 40.138 Acres North of 46th Avenue North between 46th Street North and 40th Street North.

approved f. Z/LU-11-6-05
Application of The Cepcot Corporation through MacFarlane, Ferguson & McMullen, Harry S. Cline, Representative, for a Change of Zoning from R-4, One, Two or Three Family Residential to M-1, Light Manufacturing and Industry and Change of Land Use from Residential Urban to Industrial Limited on Approximately 14.24 Acres Located on the West Side of 62nd Street North, Approximately 966 Feet South of Roosevelt Boulevard.

approved g. Z/LU-1-4-03
Application of Skylark Plaza, LLC through Johnson, Blakely, Pope, Bokor, Ruppel & Burns, E. D. Armstrong III, Esquire, Representative, for the Amendment of Previously Approved Development Agreement and Land Use Amendment on Approximately 13.04 Acres on the Northeast Corner of State Road 580 and Summerdale Drive (2526 State Road 580 East).

approved h. Z/LU-1-6-05
Application of Kathleen S. Hollstrom, Trustee of the Kathleen S. Hollstrom Living Trust, through Johnson, Pope, Bokor, Ruppel & Burns, LLP, E. D. Armstrong III, Esquire, Representative, for a Change of Zoning from R-3, Single Family Residential to P-1A, Limited Office, and Land Use Change from Residential Low to Residential/Office Limited and a Development Agreement on Approximately .18 Acre on the South Side of 115th Avenue North, 110 Feet East of Seminole Boulevard.

denied i. Z-8-6-05
Application of Rex, Shelley and Amy Sparklin for a Change of Zoning from R-1, Single Family Residential to R-R, Rural Residential on Approximately 1.8 Acres on the South Side of Oakhurst Road, 135 Feet East of Rosetree Place West.

denied j. Z/LU-4-6-05
Application of Don Deal for a Change of Zoning from A-E, Agricultural Estate Residential to E-1, Estate Residential and Change of Land Use from Residential Rural and Preservation to Residential Estate and Preservation on Approximately 3.185 Acres on the South Side of 102nd Avenue North, 316 Feet West of 92nd Street North.

Denied without prejudice k. Z/LU-2-6-05
Application of Leisure Hills, Inc. through Pressman & Associates,
Todd Pressman, Representative, for a Change of Zoning from RM-15, Residential Multiple Family-15 Units per Acre and RPD-7.5, Residential Planned Development-7.5 Units per Acre to P-1, General Professional Office, Land Use Change from Residential Low to Residential/Office General and a Development Agreement on Approximately 2.12 Acres on the East Side of Belcher Road, 142 Feet North of Perth Street.

11:13 P.M. ADJOURNMENT

* * * *

Persons are advised that, if they decide to appeal any decision made at this meeting/hearing, they will need a record of the proceedings, and, for such purposes, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. WITHIN TWO (2) WORKING DAYS OF YOUR RECEIPT OF THIS AGENDA, PLEASE CONTACT THE OFFICE OF HUMAN RIGHTS, 400 S. FT. HARRISON AVE., SUITE 500, CLEARWATER, FL 33756. (727) 464-4062 (V/TDDO).


PUBLIC HEARING PROCEDURES

Public Hearings before the BCC are governed by the provisions of Section 134-14 of the Pinellas County Land Development Code. That code provides that at the conclusion of each person’s presentation, any speaker may seek the Chair’s permission to ask questions of staff. Specifically:

1. At the conclusion of the presentations by the applicant and any proponents, all affected parties may seek the Chair’s permission to ask questions of or seek clarification from the applicant and/or the proponents.

2. At the conclusion of the presentation by the opponents, all affected parties may seek the Chair’s permission to ask questions of or seek clarification from any opponent.

The applicant’s closing comments will address testimony subsequent to their presentation. Continuing rebuttal of other than directly preceding testimony will not be allowed.

Because much testimony has already been submitted in writing, the following guidelines are expected to be sufficient to accommodate efficient presentations:

1. The applicant should present his or her entire case in twenty (20) minutes.