Pinellas County Government

 Pinellas County BCC Meeting Results

Meeting Date September 6, 2005 * 3:05 p.m.






Temporarily Deferred

temporarily deferred

Public Hearing

public hearing

 Withdrawn withdrawn

to the Flag of the United States of America



1. Approval of Minutes of Regular Meeting of July 26, 2005.

2. Reports:

a. Southwest Florida Water Management District Standard Format Tentative Budget Submission for Fiscal Year 2005-2006.

b. Juvenile Welfare Board of Pinellas County Interim Financial Reports (Unaudited) Dated June 30, 2005.

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 Hearing Regarding Petition for Rate Increase by Progress Energy Florida, Inc. to be Held September 7, 2005 in Tallahassee.

b. City of Clearwater Ordinances Nos. 7397-05, 7430-05, 7433-05 and 7436-05 Adopted July 21, 2005 Annexing Certain Property.

c. City of Clearwater Public Hearing Notices of Annexation, Land Use Plan and Zoning Atlas Amendments Regarding Ordinances Nos. 7501-05 through 7509-05 to be Held October 6, 2005.

d. Correspondence from the City of Pinellas Park Regarding One Ordinance Voluntarily Annexing Certain Property; Public Hearing Held August 25, 2005.

e. City of Clearwater Resolution No. 05-35 Adopted July 21, 2005 Supporting the Fifth Cent Tourist Development Tax Dedicated Exclusively to Promoting and Advertising Tourism.

f. City of Safety Harbor Ordinance No. 2005-10 Adopted July 18, 2005 and Ordinances Nos. 2005-11 through 2005-13 Adopted August 1, 2005 Annexing Certain Property.

g. City of Treasure Island Ordinance No. 05-17 Adopted July 26, 2005 Pertaining to Elections.

h. Pinellas Park Water Management District Minutes of Regular Authority Meeting No. 9 Dated June 23, 2005, and Financial Statement for the Month of June 2005.


Public Works

5. Approval of Change Order No. 1 Final, Acceptance of Contract as Complete, and Release of Retainage with Pepper Contracting Services, Inc. for Railroad Crossing Improvements on Belcher Road.

Other Departments

6. Approval of a Partial Release of Lien for William Mickle, Jr. on Improved Rental Property within the Unincorporated Greater Ridgecrest Area (Community Development).

7. Approval of a Grant Agreement with State of Florida, Department of Community Affairs for Shelter Retrofit Program (Emergency Management).

8. Approval of Amendment No. 4 to the Grant Agreement with the Florida Department of Environmental Protection, Bureau of Beaches and Coastal Systems for the Sand Key Beach Restoration Project (Environmental Management).

9. Approval of Fiscal Year 2005 Budget Amendments Nos. 22 through 27 (Management and Budget).


None 10. Items for Discussion from Consent Agenda (County Administrator and
Clerk of Circuit Court).



approved 11. Approval of an Award of Bid to Johnson Controls, Inc. for Security Enhancement Project.

approved 12. Approval of an Award of Bid to R. E. Purcell Construction Company, Inc. to Extend Runway 17L-35R.

approved 13. Approval of an Agreement for Consultant Services with Environmental Science Associates for Environmental Assessment and Benefit Cost Analysis for Relocation of Runway 17R-35L (Continued from June 28, 2005, BCC Meeting).

Public Works

approved 14. Approval of Change Order No. 1 with Seaway Marine Contractors, Inc. for Construction of Boat Dock Facility Upgrades at A. L. Anderson Park and John Chesnut, Sr. Park.

approved 15. Approval of Change Order No. 3 with Kamminga & Roodvoets, Inc. for the Construction of Nebraska Avenue at Riviere Road (West Leg).

approved 16. Approval of Change Order No. 2 with Skanska USA Building, Inc. for Construction Management Services for the Jail Expansion Phase II Health Care Facility.


approved 17. Approval of an Award of Bid to Wharton – Smith, Inc. for the Town of Belleair Wastewater System Acquisition Project – Belleair Pump Station.

approved 18. Approval of Amendment No. 8 with Wheelabrator Pinellas, Inc. (WPI) for Refuse to Energy Plant Consolidated Management Agreement (CMA) for Operation and Maintenance of Waste to Energy Facility.

approved 19. Approval of Amendment No. 9 with WPI for Refuse to Energy Plant CMA for Operation and Maintenance of Waste to Energy Facility.

Other Departments

approved 20. Approval of New Product Development Grant Program Recommendation for Fiscal Year 2006 from the Tourist Development Council (Convention & Visitors Bureau).

approved 21. Adoption of a Resolution to Approve Project A5031434164 as a Qualified Applicant and to Identify Sources of Local County Financial Support of Project A5031434164 for the Qualified Defense Contractor Tax Refund Program for Fiscal Year(s) 2007-2018 (Economic Development).

approved 22. Approval of a Lease Agreement with Palm Harbor Community Services Agency, Inc. for the Palm Harbor Community Activity Center (General Services/Culture, Education, and Leisure).

approved 23. Approval of the Second Amendment to the Recreation License with Tierra Verde Community Association, Inc. (General Services/Culture, Education, and Leisure/Environmental Management).

approved 24. Approval of an Increase to the Purchase Authorization for Vehicles 2005 with Garber Chevrolet, Inc. for Corrections to Vehicle Prices (General Services/Fleet Management).

approved 25. Approval of a Legal Aid Services Agreement with Gulfcoast Legal Services, Inc. for Indigent County Residents (Justice and Consumer Services).

approved 26. Adoption of a Resolution to Appropriate Earmarked Receipts for a Particular Purpose in the Fiscal Year 2005 Fire Districts Budget Fund to Reallocate Reserves for Future Years in the High Point Fire District’s Budget (Management and Budget).

approved 27. 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 the Sheriff for Two Grants (Management and Budget).

28. Other Administrative Matters.

approved a. City of Largo’s 58th Street Annexation – Authority granted to challenge City of Largo’s 58th Street/Roosevelt Blvd Annexation and adoption of Resolution No. 05-181 to initiate the Chapter 164, Florida Statutes conflict resolution procedure prior to prosecuting the challenge.

approved b. Adoption of Resolution to Authorize the Submittal of a Public Library Construction Grant Application on Behalf of Palm Harbor Library (County Administrator).

approved c. Declare Surplus and Authorize the Transfer of Miscellaneous County-owned equipment.


approved 29. Approval of Authority for County Attorney to Defend the Cases of:

a. Southtrust Mortgage Corporation v. Brenda L. Woods, et al - Circuit Civil Case No. 05-5648-CI-11 - Mortgage Foreclosure Involving a Community Development Mortgage.

b. Tiphane L. Downs, et al v. Charles Scott Wiley, et al - Circuit Civil Case No. 03-8316-CI-21 – Allegations of Negligence Resulting in Personal Injuries Due to an Automobile Accident.

c. Permanent General Assurance Corporation v. Pinellas County BCC and William Walker Warzybok - Circuit Civil Case No. 05-005139-CI-15 – Declaratory Action Regarding a Policy of Automobile Insurance.

approved 30. Adoption of a Resolution to Postpone Making Application for Deeds on 2003 County-Held Tax Certificates for Properties Assessed by the Property Appraiser at Values Less than $5,000, Pursuant to §197.502(3), Florida Statutes.

approved 31. Adoption of a Resolution Approving Early Extension of the Tax Roll.

approved 32. Approval of a Presuit Mediation and Tolling Agreement with L. Robert Kimball & Associates Inc. for Design Consulting for Jail Expansion Phase II Project.

approved 33. Approval of an Amended Legal Services Agreement with Abbey, Adams, Byelick, Kiernan, Mueller & Lancaster, LLC in the Matter of Estate of Larry D. Germonprez, Deceased v. Pinellas County, et al - Circuit Civil Case No. 05-1770-CI-11, as Removed to U.S. District Case No. 8:05-CV-735-T-23TBM.

approved 34. Approval of a Health Insurance Portability and Accountability Act Business Associate Agreement and a Prescription Service Agreement with Walgreens Health Initiatives, Inc. for Employees’ Pharmacy Benefit Administrative Services.

35. (1) Mrs. Churuti re Dodge litigation, Innisbrook update, and case history re impact fees; and at the request of Chairman Morroni, she relates that quasi-judicial items will be tagged on future agendas. (2) In response to query by Commissioner Welch, Chief Assistant County Attorney Bennett provides background information with regard to quasi-judicial land use cases. (3) Discussion re lobbyist ordinance.



approved 36. Approval of the Lease Agreement with Schaller Engineering, Inc. at the Young – Rainey STAR Center.

approved 37. Approval of Accounts Receivable Write-Offs for Accounting Purposes at the Young – Rainey STAR Center.


38. Mosquito Update.

approved 39. Red Tide Cleanup Assistance – Board approves request from Town of Indian Shores for reimbursement for Red Tide Fish Kill Cleanup in the amount of $10,276.51.

40. Transportation Regional Incentive Program (TRIP) Funding Request.
Discussion, no action taken.

41. Community Housing Workgroup Update.

temporarily deferred 42. Penny Three Schedule.


43. Update on Proposed Gulf Boulevard Project and Proposed Presentation to Barrier Islands Government Council (Big-C).
Board agrees to proceed with proposal to Big C re Gulf Blvd Project.

approved as amended 44. Creation of Drug Paraphernalia Task Force.


approved a. Appointments and re-appointments to the Public Access Advisory Council.
approved b. Appointments to the Pinellas County Youth Advisory Committee.
c. Commissioner Welch re Tierra Verde Isla del Sol visit.

6:30 P.M.


1. Bill Reed, St. Petersburg, re Hurricane Katrina.
2. Chimnrenga Waller, St. Petersburg, re Hurricane Katrina.
3. Col. Mike Monahan (retired), Seminole, re Florida National Guard fighting war on terrorism.
4. Peter White, Pinellas Park, re soldier calendar.

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.


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 46. Petition to Vacate Submitted by David and Deborah Baier for a Portion of a Drainage and Utility Easement, Lot 170-B, Lake St. George South, Unit II Subdivision.

temporarily deferred 47. Petition to Vacate Submitted by Shaun Abbot for a Portion of Right-of-Way Lying North of Lot 33, Tampa and Tarpon Springs Land Company (to be Temporarily Deferred).

approved 48. Proposed Resolution Relating to Non-Ad Valorem Assessment Roll for Street Lighting Districts.

approved 49. Proposed Ordinance Amending Section 46-32 of the Pinellas County Code Regarding Additional Court Costs Not to Exceed $65.00 in Criminal Cases.

approved 50. Proposed Ordinance Adding Section 46-34 to the Pinellas County Code Regarding Additional Court Costs of $3.00 to Criminal, Criminal Traffic, and Local Ordinance Violations Cases.

approved 51. Consideration and Adoption of the Tentative Millages and Budgets for Fiscal Year 2005-2006 (First Public Hearing).

public hearing 9/20 52. Approval of the Authority to Advertise the Proposed Final Millages and Budgets for Fiscal Year 2006, and the Date, Time, and Place of the Second Public Hearing (Management and Budget).

denied 53. Proposed Resolution Regarding the City of Largo’s Clearwater-Largo Road Corridor Community Redevelopment Plan (Continued from June 7, June 28, July 26, and August 16, 2005, BCC Meetings).