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AGENDA – Regular Public Meeting Pinellas County
  Board of County Commissioners (BCC)
9:30 A.M. November 2, 2004

RESULTS KEY
Approved approved
Denied denied
Temporarily Deferred temporarily deferred
Public Hearing public hearing
 Withdrawn withdrawn

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INVOCATION

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

PRESENTATIONS AND AWARDS

A. 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 Board of County Commissioners, 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 Chairman Will Call Each Speaker, One by One, to the Podium to be Heard. Each Speaker May Speak up to Three (3) Minutes.
None

B. 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 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.

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 Chairman Will Call Each Speaker, One by One, to the Podium to be Heard.

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 and 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 and Navigation Items, Please be Prepared to Stand and Take the Oath When Requested to do so by the Clerk.

approved 1. Multi-Use Dock Application M32856-03/Revised Submitted by Brett Kippur, 1147 Victoria Drive, St. Joseph’s Sound, Dunedin.

approved 2. Multi-Use Dock Application M34582-04 Submitted by ACS Resorts, Inc., Brian and Joanne Kalan (Harborview Grand), 514, 530, and 540 South Gulf Boulevard, Clearwater Harbor, Clearwater.

approved 3. Private Dock Application P34694-04 Submitted by Richard K. and Deborah J. Pertile, Lot 2, Phillippe Parkway, Tampa Bay, Safety Harbor.

COUNTYWIDE PLANNING AUTHORITY
Consideration of the Following Proposals to Amend the Adopted Countywide Future Land Use Plan:

SUBTHRESHOLD AMENDMENTS

4.

approved a. Case CW 04-48 – Oldsmar.
Location – 0.9 Acre Generally Located on the Northwest Corner of Forest Lakes Boulevard and Pine Avenue; Amendment from Commercial General to Residential/Office General.

approved b. Case CW 04-50 – Dunedin.
Location – 1.4 Acres Located at 619 through 631 Douglas Avenue, Approximately 250 Feet South of Scotland Street; Amendment from Commercial Limited to Residential Medium.

REGULAR AMENDMENTS

5.

approved a. Case CW 04-45 – St. Petersburg.
Location – 3.8 Acres Generally Located on the South Side of 22nd Avenue North between 25th and 28th Streets; Amendment from Industrial General to Commercial General.

approved b. Case CW 04-47 – Clearwater.
Location – 2.7 Acres Located at 2995 Drew Street Generally Southwest of the Intersection of Drew Street and Bayview Avenue, Approximately 1,200 Feet West of McMullen Booth Road; Amendment from Residential Urban to Residential/Office/Retail.

approved c. Case CW 04-49 – Pinellas County.
Location – 2.1 Acres Located on the North Side of Ulmerton Road, Approximately 155 Feet East of 10th Street North; Amendment from Industrial Limited to Residential/Office/Retail.

VOLUNTARY ANNEXATION REVIEW

approved 6. VA 04-111 – City of Tarpon Springs.
Location – 2.4 Acres Generally Located on the North Bank of the Anclote River South and West of Anclote Road, Approximately 325 Feet West of Meyers Cove Drive; Full Annexation Review for Compliance with Pinellas County Ordinance No. 00-63.

SCHEDULED PUBLIC HEARINGS – BCC

approved 7. Petition to Vacate Submitted by Allan and Teri Kayne for a 3.45 Foot by 9.90 Foot by 10.49 Foot Triangular Portion of a 15 Foot Easement along the Westerly Line of Lot 78, Aylesford Phase 2 Subdivision, Located in Section 27, Township 27 South, Range 16 East.

approved 8. Proposed Resolution Regarding the Completion of Construction Plans and Improvements and the Original Assessment Roll to 20th Avenue Southeast from Lake Avenue East to Starkey Road (Previously Deferred at Meetings of May 25, August 10, and October 5, 2004).

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approved C. CONSENT AGENDA

CLERK OF THE CIRCUIT COURT

9. Approval of Minutes - None.

10. Reports:

a. Pinellas County Annual Operating and Capital Budget for Fiscal Year 2005.

b. Dock Fee Report for Month of August 2004.

c. Pinellas County, Florida, Comprehensive Quarterly Financial Report for Nine Months Ended June 30, 2004.

d. Pinellas County Sheriff’s Office Florida Contraband Forfeiture Semiannual Report for the Period from April 1, 2004 to September 30, 2004.

11. Other Approvals:

a. General - None.

b. Vouchers and Bills Paid.

12. Miscellaneous Items to be Received for Filing:

a. City of Clearwater Public Hearing Notices of Annexation, Land Use Plan and Zoning Atlas Amendments Regarding Ordinances Nos. 7344-04 through 7346-04; Public Hearing to be Held December 2, 2004.

b. City of Largo Notice of Public Hearing Regarding Ordinance No. 2005-03 Held October 19, 2004.

c. Correspondence from City of Pinellas Park Regarding Three Ordinances Voluntarily Annexing Certain Property; Public Hearing Held October 28, 2004.

d. City of Seminole Ordinance No. 22-2004 Effective September 28, 2004, Voluntarily Annexing Certain Property.

e. Pinellas Park Water Management District Minutes of Special Meeting of Board of Directors Dated June 30, 2004; Minutes of Regular Authority Meetings Nos. 10 and 11 Dated July 15 and August 19, 2004, Respectively; Financial Statement Dated August 2004; and Minutes of Public Hearing 2004/2005 - Millage Rate/ Budget, Dated September 9, 2004.

f. City of Safety Harbor Ordinance No. 2004-12 Adopted October 4, 2004, Annexing Certain Property.

COUNTY ADMINISTRATOR

Public Works

13. Approval of Change Orders No. 1 Final and Acceptance of Contracts as Complete with McGeehan Construction, Inc. for the:

a. 137th Street Pipe Replacement from Pinecrest Drive North to Joyce Drive North Project.

b. Fiscal Year 2002-2003 Annual Contract for Construction of Underdrains and Minor Drainage Project.

14. Approval of Change Orders:

a. No. 1 with David Nelson Construction Co. for Wall Springs Park Phase III.

b. No. 1 with Keystone Excavators, Inc. for Construction of the Fred Marquis Pinellas Trail – Northeast Extension.

c. No. 2 Final with Pepper Contracting Services, Inc. for Various Railroad Crossing Improvements.

15. Approval of the Ranking of Firms and Authorization for Staff to Negotiate for Professional Consulting Services Regarding Asphalt Testing.

Utilities

16. Approval of an Award of Bid to Bandes Construction Co., Inc. for Logan Lab Addition and Renovation.

Other Departments

17. Approval of the Deletion and Substitution of 800-Megahertz Communications Equipment (Emergency Communications/911).

18. Approval of a First Amendment to the Lease Agreement with Zambito Enterprises, Inc., Successor to HPD Starkey Lakes, LLLP, for the Tax Collector (General Services).

19. Approval of Fiscal Year 2004 Budget Amendments Nos. 42 and 43 (Management and Budget).

20. Approval of the Quarterly Receipt and File Reports from July 1, 2004 through September 30, 2004 Regarding (Management and Budget):

a. Administrative Budget Amendments.

b. Law Enforcement Trust Fund.

21. Approval of the Quarterly Receipt and File Report of County Administrator – Approved Procurement Items from July 1, 2004 through September 30, 2004 (Purchasing).

22. Approval of the Ranking of Firms and Authorization for Staff to Negotiate with the Number One Ranked Firm for Benefits Consulting Services (Purchasing/Personnel).

23. Approval of the Quarterly Receipt and File Report of Claim Settlements from July 1, 2004 through September 30, 2004 (Risk).

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D. REGULAR AGENDA

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

COUNTY ADMINISTRATOR

Public Works

approved 25. Approval of Agreements for Ongoing General Engineering Consultant Services with Various Firms.

approved 26. Approval to Declare Real Property Surplus and Authorize its Sale.

approved 27. Adoption of a Resolution and Approval of the Second Amendment to the County Incentive Grant Program Agreement with the State of Florida, Department of Transportation for Construction of the McMullen-Booth Road at State Road 590 Intersection Improvement Project.

approved 28. Approval of Change Order No. 1 with Kamminga & Roodvoets, Inc. for Construction of Nebraska Avenue at Riviere Road (West Leg).

approved 29. Approval of Change Order No. 1 Final and Acceptance of the Contract as Complete with Keystone Excavators, Inc. for Bayside Bridge Treatment Pond Reconstruction.

approved 30. Approval of Change Order No. 2 Final and Acceptance of Contract as Complete with URS Corporation for the Construction of McKay Creek Channel Improvements at Harbor Lake.

Utilities

approved 31. Adoption of a Resolution and Approval of a Memorandum of Agreement and a Utility Work by Highway Contractor Agreement with the State of Florida, Department of Transportation for State Road 688 (Ulmerton Road) East of U.S. Highway 19 to East of 49th Street Project.

Other Departments

approved 32. Approval of an Agreement with Arrington-Marlow, LLC for Consultant Services Regarding the Strategic Plan for the County (County Administrator).

approved 33. Approval of an Agreement with Patton Boggs, LLP for Federal Government Representation (County Administrator).

temporarily deferred 11-9-04 Work Session 34. Approval of the Reallocation of Certain Funds within the Penny for Pinellas Capital Improvement Program for Endangered Lands/Park Acquisitions/Park Development Funding (Culture, Education, and Leisure).

approved 35. Approval of the Authority to Advertise a Public Hearing Regarding a Proposed Ordinance Creating a Seasonal Slow Speed Zone for Safety Harbor (Environmental Management).

approved 36. Approval of an Assignment and Amendment to the Lease Agreement with L. Douglas and Sally L. Bailey and 118th Avenue L.L.P. as Trustee of the 118th Avenue North Land Trust for the Clerk of the Courts (General Services).

approved 37. Approval of a Lease Agreement with Tarpon Ridge, Inc. for the Sheriff’s Child Protection Investigation Division (General Services).

approved 38. Adoption of a Resolution Appropriating Earmarked Receipts for a Particular Purpose in the Fiscal Year 2005 General Fund Regarding Grants for the Sheriff (Management and Budget).

approved 39. Adoption of a Resolution to Temporarily Waive the Requirements of Section 6-47(a) for Old Palm Harbor Main Street’s Fall Bike Night Fundraising Event (Planning).

approved 40. Adoption of a Resolution for the Safety Harbor City Commission to Develop a Redevelopment Plan (Planning).

41. Other Administrative Matters.

approved a. Consideration of a Resolution Concerning Citizens Corps.

approved b. Consideration of a Recommendation Concerning a County Medical Response Authority.

temporarily deferred 11-09-04 Work Session c. Approval of the Reallocation of Funds from the Endangered Lands Contingency Fund for the Folk Culture Center at Heritage Village (Culture, Education, and Leisure).

approved d. Resolution assessing liens against lands cleared.

approved e. Resolution authorizing expenditure of funds re County Extension training class and programs.

COUNTY ATTORNEY

approved 42. Approval of the Authority to Defend the Case of Linda Lewis v. Pinellas County – Case No. 8:04-CV-2246-T-23TGW – Allegations of Improper Notification of COBRA.

approved 43. Approval of the Authority to Submit a Claim on its Behalf as a Class Member to Recover All, or a Portion, of a Cost Incurred by Pinellas County in the Augmentin Third-Party Payor Antitrust Litigation.

approved 44. Approval of an Interlocal Agreement with the City of St. Petersburg for the Investigation and Enforcement of Complaints of Discrimination in Employment, Housing, and Public Accommodations Under the Human Relations Provision of the Pinellas County Code.

approved 45. Approval of a Revised Information Technology Interlocal Agreement with the Constitutional Officers.

approved 46. Approval of an Amendment to a Contract with Ceridian for Flexible Spending Accounts.

47. Miscellaneous.

a. Announced Strategy Session re Richard Dodge versus Pinellas County to be held 12/7/04 at 11:00 A.M.

b. Reported that public officials' bonds will be placed on work session agenda for board approval of three Constitutional Officers; Property Appraiser, Tax Collector and Sheriff.

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E. AUTHORITIES

ECONOMIC DEVELOPMENT AUTHORITY

approved 48. Approval of a Lease Agreement with New Directions in Learning, Inc. at the Young-Rainey STAR Center.

F. COUNTY ADMINISTRATOR REPORTS

49. Status of Evacuation Shelter Work.

G. COUNTY COMMISSION

50. Miscellaneous.

Chairman Latvala Reported on Canvassing Board meeting; recognized Commissioner Todd's service on the board.
Commissioner Harris Water conservation tip; comments to Commissioner Todd; motion to reconsider Case No. Z/LU-2-6-05 approved.
Commissioner Morroni Re experience serving on Canvassing Board; recognized Commissioner Todd.
Commissioner Seel Remarks to Commissioner Todd; requested follow-up on Pinellas Assembly joint purchasing discussion; thanked employees who participated in the American Cancer Society's "Making Strides" walk; reported on interlocal agreement being considered by the City of Largo re PSTA issue.
Commissioner Stewart Transit Governance Task Force recommendation re membership composition of the PSTA, motion passed to endorse Task Force's recommendation of including two citizens, one citizen to be appointed by the BCC and the other by the City of St. Petersburg; announced American Heart Walk scheduled for 11-6 beginning at 7:30 A.M. at the St. Pete Times Forum; requested Assistant County Administrator Elithia V. Stanfield to summarize results of Pinellas Assembly meeting; recognized Commissioner Todd.
Commissioner Welch Comments to Commissioner Todd; encouraged citizens to vote.
Commissioner Todd Thanked fellow board members for their comments, made parting remarks.

ADJOURNMENT: 2:40 P.M.

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