Pinellas County Government

 Pinellas County BCC Meeting Results

Meeting Date August 16, 2005 * 3:01 p.m.
Item 53 corrected August 18, 2005






Temporarily Deferred

temporarily deferred

Public Hearing

public hearing

 Withdrawn withdrawn

to the Flag of the United States of America



1. Approval of Minutes – None.

2. Reports:

a. Pinellas County Annual Operating and Capital Budget for Fiscal Year 2006.

3. Other Approvals:

a. General – None.

b. Vouchers and Bills Paid.

4. Miscellaneous Items to be Received for Filing:

a. Correspondence from the City of Pinellas Park Regarding One Ordinance Voluntarily Annexing Certain Property; Public Hearing Held August 11, 2005.


Public Works

5. Approval of a Release of Surety.

6. Approval of an Award of Bid to Southwest Contracting, Inc. for the Drainage Pond Enhancement Program at the Belleair Pond Regional Stormwater Treatment Facility.

7. Approval of Supplement No. 1 to the Local Agency Program Agreement with the Florida Department of Transportation for Design and Construction of Walsingham Road Sidewalk Improvements Project from 119th Street North to Seminole Boulevard (Companion Agenda Item No. 27).


8. Approval of an Award of Bid to David Nelson Construction Co. for Annual Sanitary Sewer Requirements for Repair, Rehabilitation, and Extensions.

9. Approval of Ranking of Firms and Authorization for Staff to Negotiate with the Number One Ranked Firm for Professional Consulting Engineering Services for the Fort DeSoto Water Booster Station Project.

Other Departments

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

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

12. Approval of Amendment No. 1 with Florida Department of Environmental Protection, Bureau of Beaches and Coastal Systems for the Treasure Island Beach Nourishment Project (Environmental Management).

13. Approval of Fiscal Year 2005 Budget Amendment No. 21 (Management and Budget).

14. Approval of the Receipt and File Report of Claim Settlements from April 1, 2005, through June 30, 2005 (Risk Management/County Attorney).


Economic Development Authority

15. Approval of Contract as Complete and Release of Retainage with Caladesi Construction Company for the Renovation of Building 300 at the Young – Rainey STAR Center.


None 16. Items for Discussion from Consent Agenda (County Administrator and Clerk of Circuit Court).



approved 17. Approval of Change Order No. 1 Final, Acceptance of Contract as Complete, and Release of Retainage with JACO Airfield Construction, Inc. for Relight Taxiway “M” and Associated Taxiways.

approved 18. Approval of a Lease Agreement with Renewal Options and a Memorandum of Lease with Highwoods/Florida Holdings, L.P. for Office Building Development.

approved 19. Approval of the Fourth Amendment to, and Correction of a Scrivener’s Error Regarding, the Agreement with Stellar Partners, Inc. for Gift Shop/Newsstand/Retail Concession and Duty Free Concession.

approved 20. Approval of Amendment No. 1 to Agreement with Tampa Bay Engineering, Inc. for Landside General Engineering Consulting Services.

approved 21. Approval of an Agreement with MEA Group, Inc. for Professional Engineering Services for T-Hangars and Site Plan Development.

Public Works

approved 22. Approval of a Quitclaim Deed for Real Property at 8588 Starkey Road for the Park Street/Starkey Road Improvement Project from Tyrone Boulevard to Bryan Dairy Road.

approved 23. Approval of Change Order No. 1 with Pepper Contracting Services, Inc. for Safety Enhancements to Existing Sidewalks for the Highlands Boulevard Project from Longford Drive to Lake Tarpon Drive.

approved 24. Approval of Change Order No. 1 with Purvis Curbs Corporation for Sidewalk Construction and Roadway Repairs 2004.

approved 25. Approval of Change Order No. 1 with Hydraulitall, Inc. for the Construction of the Geotextile T-Head Groin Field at Upham Beach and Blind Pass South Jetty Enhancement Project.

approved 26. Approval of Change Order No. 1 with Bayshore Construction, Inc. for Park Boulevard Boat Ramp Fishing Pier.

approved 27. Approval of Amendment No. 1 to the Agreement with Bayside Engineering, Inc. for Consultant Services for Walsingham Roadway and Sidewalk Improvements from 119th Street North to Seminole Boulevard (Companion Agenda Item No. 7).

approved 28. Approval of the Cooperative Funding Agreement with Southwest Florida Water Management District for Alligator Creek Channel “B” Area III Implementation of Best Management Practices.

approved 29. Approval of the Annual Contract with Clarke Mosquito Control Products for the Sole Source Purchase of Mosquito Control Products.


approved 30. Adoption of a Resolution to Extend the Ultra Low Flow Toilet Rebate Program.

approved 31. Approval of Awards of Bid to Bandes Construction, Inc. for the Bridgeway Acres Redevelopment Project, Phase 2, Landfill Contractor Facility and Vehicle Wash (Re-Bid) and Phase 3, Maintenance Storage Building.

approved 32. Approval of the Purchase from DCR Engineering Services, Inc. of a Motorola Supervisory Control and Supervisory Control and Data Acquisition System.

Other Departments

approved 33. Approval of an Agreement with E.J. Robinson, Jr. and Samuel L. Robinson to Purchase Real Property in the Dansville Neighborhood Improvement Project (Community Development).

approved 34. Approval of Cancellation without Cause of the Contract with Bright House Cleaning Company for Beach Access Janitorial Service (Culture, Education, and Leisure).

approved 35. Approval of the Cancellation for Convenience of an Intergovernmental Agreement with the City of Clearwater for Lifeguard Services at Sand Key Park (Culture, Education, and Leisure).

approved 36. Approval of an Award of Bid to Sunbelt Construction Services, Inc. for Boardwalk and Creek Crossings at Brooker Creek Educational Center (Environmental Management).

approved 37. Approval of the First Amendment to the Lease Agreement with DISI-JBE, LLC for the Tax Collector’s E-Service Center (General Services).

approved 38. Approval of an Increase to the Contract for Fuel – Gasoline and Diesel (Cooperative) with J H Williams Oil Company, Inc. and Petroleum Traders Corporation (General Services).

approved 39. Approval of a Contract with the Sheriff and East Lake Woodlands Community Association, Inc. for Law Enforcement Services (Justice and Consumer Services).

approved 40. Approval of the Recommendation of the Substance Abuse Advisory Board (SAAB) for Distribution of Byrne Memorial Justice Assistance Grant Funds for Fiscal Year 2005-2006 (Justice and Consumer Services).

approved 41. Approval of the Recommendation of SAAB for Disbursement of Funds from the Alcohol and Drug Abuse Trust Fund (Justice and Consumer Services).

approved 42. Adoption of a Resolution to Appropriate Earmarked Receipts for a Particular Purpose in the Fiscal Year 2005 General Fund Budget Regarding Unanticipated Grant Proceeds for Emergency Management from a Florida Department of Community Affairs Homeland Security Equipment Grant (Management and Budget).

approved 43. Adoption of a Resolution to Appropriate Earmarked Receipts for a Particular Purpose in the Fiscal Year 2005 General Fund Budget Regarding Unanticipated Funding for Human Services from the Housing Finance Authority to Augment Nonprofit Human Health Services Agencies (Management and Budget).

44. Other Administrative Matters.

approved a. Approval of an Agreement with Jacobs Construction Services, Inc. for Advanced Preconstruction Services for Water Blending Facility and High Service Pump Station, Project No. 610-210419-1309.

b. Challenge to City of Largo involuntary annexations – By consensus of the Board, Senior Assistant County Attorney David Sadowsky to attend City of Largo Council meeting tonight to place the Board’s concerns on the record.


45. Approval of Authority for County Attorney to Defend the Cases of:

resolved a. Mortgage Electronic Registration Systems v. Laura J. Pickering, et al - Circuit Civil Case No. 05-4886-CI-11 - Mortgage Foreclosure Involving a Community Development Mortgage.

approved b. William M. Bruckner, Jr., etc. v. Pinellas County – Federal Case No. 8:05-cv-1277-T-17EAJ – Complaint Seeking Declaratory and Injunctive Relief.

approved 46. Approval of the Recommended Final Order in the Administrative Procedure for Review and Remedy of Takings Claim, Codified in Pinellas County Code Sections 134-121 through 134-126, Regarding the BCC’s Final Decision of the Beneficial Uses for Property Associated with the Claim of 126th Avenue Landfill, Inc. and Richard L. Hain, Sr.

approved 47. Approval of Authority to Accept Payment in Settlement of the Marsh and McLennan Companies, Inc. Class Action Suit for Premiums Attributed to Contingent Commissions or Overrides.

approved 48. Approval of Authority to Settle the Case of Alexis, Inc., et al v. Pinellas County, et al - Circuit Civil Case No. 02-5990-CI-7.

approved 49. Approval of Authority to Make a Settlement Offer in the Case of Tammy Carnley and Jennifer Pugh, as Co-Personal Representatives of The Estate of Larry D. Germonprez, Deceased v. Pinellas County, Florida, a Political Subdivision of the State of Florida, et al., Case No.: 8:05-cv-735-T-23TBM.

approved 50. Approval of Recommendation to Reject a Settlement Offer Regarding the 1999 Purchase of the Town of Redington Beach Wastewater Collection System.

51. Miscellaneous.

Responding to query by Commissioner Latvala, Attorney Churuti provided a follow up re resolution of environmental issues related to the claim of 126th Avenue Landfill, Inc. and Richard L. Hain, Sr.


52. None.


53. Miscellaneous.

Chairman Morroni

Announced Commissioner Seel’s resignation from the Partnership for a Healthier Pinellas Board and requested nominations to fill vacant seat; announced Department of Health, Bureau of Emergency Medical Services (EMS) 2005 Excellence in EMS Award winners and expressed appreciation to all Pinellas County recipients.


approved Board approved five appointments to Pinellas County Youth Advisory Council.
Commissioner Latvala Advised that Carol Bracy has resigned from Florida Association of Counties as of September; and noted dedication of Wall Springs Park scheduled for Saturday, August 20.
approved Tampa Bay Water meeting update re dispute pertaining to operation of desalination plant at 25 million gallons per day; Board voted to participate in mediation process and delegated Senior Assistant County Attorney Joseph A. Morrissey to attend mediation proceedings.
Commissioner Harris Requested update with regard to mosquito control; and offered water conservation tip pertaining to moisture retention.
Commissioner Welch Re day of caring at Sanderlin Center; improvements to Pinellas Trail entrance located in Jungle Terrace area; and resurfacing of 22nd Avenue South in St. Petersburg.
Commissioner Seel Re new Largo Library; and Tourist Development Council appointments.

6:30 p.m.


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.

Virginia McCrea, Largo, re trashed property.
JoAn Totty, Palm Harbor, re naming rights.
Jerry Provenzano, Oldsmar, re dog attacks.
H. Patrick Wheeler, Palm Harbor, re violation of Sunshine Law.


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.


approved 54. Petition to Vacate Submitted by Tom Muntz for a Portion of Savona Drive Right-of Way, Section “D” in Florida Riviera Subdivision.

approved 55. Proposed Resolution and Consideration of an Exception to Pinellas County Code and Florida Statutes Regarding the Location of the New High Point Elementary School.

temporarily deferred 56. Proposed Ordinance Establishing a No-Entry Zone for the Shoal on the Northeast End of Shell Key Preserve.

temporarily deferred 9/6/05 57. Proposed Resolution Regarding the City of Largo’s Clearwater-Largo Road Corridor Community Redevelopment Plan (Continued from June 7, June 28, and July 26, 2005, BCC Meetings).

58. Planning and Zoning Applications Heard by the Examiner:

approved a. Z/LU-1-7-05
Application of Michael Vincent through Diaz Pearson Associates, Inc., Linda Pearson, Representative, for a Change of Zoning from R-3, Single Family Residential to P-1A, Limited Office and Land Use Change from Residential Urban to Residential/Office Limited on Approximately 0.215 Acre Located on the Northeast Corner of Belcher Road and Curlew Road (2206 Curlew Road).

approved b. Z-2-7-05
Application of Kenneth M. and Anita Roesch and Ronald Pownall through Whitehall Quality Homes, James W. Broun, Representative, for a Change of Zoning from A-E, Agricultural Estate Residential to RM-7.5, Residential Multiple Family-7.5 Units per Acre on Approximately 11.08 Acres Located at the Northwestern Terminus of Shore Boulevard, Approximately 280 Feet Northwest of Arch Avenue, and South of the Western Terminus of Meriden Avenue.

approved c. Z-3-7-05
Application of Jeffrey L. Rhoads, Trustee, for a Change of Zoning from R-4, One, Two or Three Family Residential to C-2, General Retail Commercial and Limited Services District on Approximately 0.335 Acre Located on the East Side of Belle Haven Drive, 147 Feet North of State Road 580 (2715 Belle Haven Drive).

approved d. Z-4-7-05
Application of Matthew Geiger through Pressman & Associates, Inc., Todd Pressman, Representative, for a Change of Zoning from A-E, Agricultural Estate Residential to RPD-0.5, Residential Planned Development-0.5 Units per Acre on Approximately 3.08 Acres Located at the North Side of Old Keystone Road, 387 Feet North of Keystone Road (3425 Old Keystone Road).

approved e. CU-5-7-05
Application of Pinellas County Industrial Development Authority through JTG Enterprises, Inc., Michael B. Galinski, Representative, for a Conditional Use to Permit Class A, Light Manufacturing Uses in a CP-2 Zone on Approximately 5.81 Acres Located at the Southeast Corner of 49th Street and Ulmerton Road (13355-49th Street North).