Pinellas County Government

Pinellas County Board of County Commissioners Meeting Results

Meeting Date:
December 18, 2007 * 3:00 p.m.

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video associated with the adjacent Item.
Temporarily Deferred
temporarily deferred
Public Hearing
public hearing

play video INVOCATION
play video PLEDGE OF ALLEGIANCE to the Flag of the United States of America

play video A. CONSENT AGENDA


approved 1. Approval of Minutes:

a. Regular Meeting of November 6, 2007

b. Correction to Minutes of September 18, 2007: Item No. 45 should Read "…adopted with the deletion of the reimbursement shown in Section Animal Services VII (a)…"

approved 2. Reports:

a. Pinellas County, Florida, Comprehensive Quarterly Financial Report for the Six Months Ended March 31, 2007

b. Internal Audit Division, Clerk of the Circuit Court, Report No. 2007-17 Dated November 8, 2007 - Audit of Purchasing Department Sole Source Contract Process

c. Juvenile Welfare Board Interim Financial Reports (Unaudited) Dated June 30, 2007, and September 30, 2007

d. Dock Fee Report for the Month of October 2007

approved 3. Vouchers and Bills Paid

approved 4. Miscellaneous Items to be Received for Filing:

a. Manatee County Ordinance No. 07-09 Adopted November 1, 2007, Approving a Small Scale Amendment to the Future Land Use Map of the Comprehensive Plan

b. City of Clearwater Ordinance No. 7835-07 Regarding a Proposed
Amendment to the Clearwater Community Development Code,
Public Hearing to be Held January 17, 2008; and Ordinances Nos. 7877-07 and 7880-07 Adopted November 1, 2007, Annexing Certain Properties

c. Correspondence from City of Pinellas Park Regarding an Ordinance Voluntarily Annexing Certain Property; Public Hearing to be Held January 24, 2008

d. Resolutions Opposing Bright House Networks Relocation of Governmental Access Channels:

1. City of Belleair Beach No. 2007-11 Adopted November 5, 2007

2. City of Oldsmar No. 2007-24 Adopted October 16, 2007

3. City of Safety Harbor No. 2007-20 Adopted November 5, 2007

4. City of St. Pete Beach No. 2007-15 Adopted October 23, 2007

5. City of South Pasadena No. 2007-15 Adopted November 13, 2007

6. Town of Indian Shores No. 11-2007 Adopted November 13, 2007

e. City of Clearwater Resolution No. 07-31 Adopted October 17, 2007, Endorsing Model Livable Community Concepts as Recommended by the Metropolitan Planning Organization

f. Pinellas County License Board for Children's Centers and Family Day Care Homes Resolution No. 07-02 Relating to the Administration of the Fund Balance from Fiscal Year (FY) 2006-2007, Effective October 1, 2007

g. Pinellas Park Water Management District Minutes of Regular Authority Meetings Nos. 12 and 1 Dated September 13 and October 25, 2007, Respectively, and Financial Statements for the Months of August and September 2007


Public Works

approved 5. Approval of Change Order No. 3 Final, Acceptance of Contract as Complete, and Release of Retainage with R. E. Purcell Construction Co., Inc. for FY 2006 Countywide Pavement Preservation

approved 6. Approval to Declare a Parcel of County-Owned Real Property Surplus, Grant Authorization to Conduct a Private Sale, Adopt a Resolution Establishing a Sale Price, and Approval of a Contract for Sale and Purchase with, and County Deed to, Jack W. Hamrick, Jr. and Virginia R. Hamrick, for Public Right-of-Way Located on Overbrook Avenue


approved 7. Approval of an Increase in Funds for Master Purchase Order with General Chemical Performance Products LLC for Aluminum Sulfate

approved 8. Approval of Awards of Bid to:

a. Neptune Technology Group Inc., Hersey Meters Co., LLC, and Municipal Water Works, Inc. for Potable and Reclaimed Water Meters (to be Temporarily Deferred to the January 8, 2008, BCC Meeting)

b. Lanzo Lining Services, Inc. for Sanitary Sewer Cured-in-Place Pipelining Annual Contract 07-08

Other Departments

approved 9. Approval of Receipt and File Report of Items Delegated to the County Administrator for Approval (County Administrator)

approved 10. Approval of Ratification and Acceptance of a Grant Application with the Southwest Florida Water Management District (SWFWMD) for Lake Seminole Alum Treatment Project (Environmental Management)

approved 11. Adoption of a Resolution Accepting a Donated Copier from the Friends of Weedon Island, Inc. for the Resource Center at the Weedon Island Preserve Cultural and Natural History Center (Environmental Management)

approved 12. Approval of Amendment No. 4 to the Grant Agreement with the Florida Department of Environmental Protection for the Lake Seminole Stormwater Project (Environmental Management)

See Item No. 27 13. Approval of a Grant Funding Agreement with Gulf Coast Museum of Art, Inc. for Debt Reduction on Its Public Art Center (Facility Management)

approved 14. Approval of an Award of Bid for Lease of Office Space at 501 1st Avenue North, Suite 403, to The Law Office of William H. Walker, Chartered (Facility Management)

approved 15. Approval of a Second Amendment to Trail Lease with Florida Power Corporation, d/b/a Progress Energy Florida, Inc., for the U.S. Highway 19/Enterprise Trail Overpass to Amend Legal Description (Facility Management/Public Works/Culture, Education, and Leisure)

approved 16. Approval to Rescind an Award of Bid for Medium and Heavy Duty Vehicles and Re-Award This Bid to Freightliner of Tampa (Fleet Management)

approved 17. Approval of Annual Agreements with the Sheriff and the Cities of: (Justice and Consumer Services)

a. Clearwater for Forensic, Evidence, and Property Storage Services
b. Seminole for Law Enforcement Services

approved 18. Adoption of Resolutions Appropriating Earmarked Receipts for a Particular Purpose in FY 2008 General Fund Budget for Unanticipated Grant Revenue to the: (Management and Budget)

a. Sheriff
b. Planning Department

approved 19. Adoption of a Resolution Appropriating Unanticipated Fund Balance in the FY 2008 General Fund Budget to the General Government Cost Center for Voting System Assistance Grant (Management and Budget) (Companion Item No. 20)

approved 20. Approval of FY 2008 Budget Amendment No. 7 (Management and Budget) (Companion Item No. 19)

approved 21. Adoption of a Resolution Appropriating Earmarked Receipts for a Particular Purpose in the FY 2008 Utilities Sewer Renewal and Replacement Fund Budget for Future Years for Various Capital Improvement Projects in the FY 2008 Budget (Management and Budget)


Countywide Planning Authority

approved 22. Approval of the Annual Countywide Plan Map Update

Economic Development Authority

public hearing 02/05/08 23. Approval of Authority to Advertise a Tax Equity Fiscal Responsibility Act (TEFRA) Public Hearing for TEFRA Issuance of Not-to-Exceed $3,800,000.00 Pinellas County Economic Development Industrial Revenue Bonds on Behalf of Thomas Sign and Awning Company, Inc.

Emergency Medical Service (EMS) Authority

approved 24. Approval of a Grant Application with the State of Florida, Department of Health, Bureau of EMS and Adoption of a Resolution Certifying EMS Award to Improve and Expand Existing Pre-Hospital EMS Services

approved 25. Approval of a Certificate of Public Convenience and Necessity for Mac-Transport for Non-Medical Wheelchair Transport

Tax Collector

approved 26. Approval of an Award of Quote to Gulf Coast Business Review for Advertising the Delinquent Tax List

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27. Items for Discussion from Consent Agenda (County Administrator and Clerk of Circuit Court)
approved Item No. 13 approved by separate vote.



approved play video 28. Approval of Fifth Amendments to Agreements with Stellar Partners, Inc. for Gift Shop, Newsstand, Retail, and Duty-Free Concessions

approved play video 29. Approval of the Second Amendment to Agreement with Republic Parking System, Inc. for Management and Operation of Public (Paid) Parking Facilities

approved play video 30. Approval of the First Amendment to Lease Agreement with Renewal Options with Market Place Hospitality, Inc. for Vacant Property

approved play video 31. Approval of an Award of Bid to Ajax Building Corporation for Airport Terminal Improvement Project, Phase 1

Public Works

approved play video 32. Approval of Change Order No. 2 with R.E. Purcell Construction Co., Inc. for Reconstruction of Florida Avenue and 14th Street North to Bee Branch Creek

approved play video 33. Approval of Amendment No. 1 to the Cooperative Funding Agreement with SWFWMD for Bear Creek Channel Improvements

approved play video 34. Approval of Amendment No. 4 to the Agreement for Consulting Services with Ayres Associates Inc for Keystone Road (County Road 582) from U.S. Highway 19 to East Lake Road

approved play video 35. Approval of Professional Engineering Services Agreements with Four Vendors to Evaluate County Facilities for Storm Resistance.

approved play video 36. Approval of Interlocal Agreements and Roadway Transfer Agreements with Eight Municipalities for Advanced Traffic Management System/Intelligent Transportation Systems and Transfer Traffic Control Authority

approved play video 37. Approval of a Contract for Sale and Purchase of a Portion of Two Parcels of Real Property and Contingency Roadway and Right-of-Way Requirements with 9, 8, 7, Inc. for Park Street/Starkey Road Project from Tyrone Boulevard to 84th Lane

approved play video 38. Approval of the Fifth Amendment to the Agreement with Lorick Associates Consulting, Inc. for Highway Department Management Consultant Services

approved play video 39. Adoption of the Second Resolution Determining the Necessity to Construct Roadway and Drainage Improvements and Directing the Condemnation of the Necessary Properties and Property Rights for Park Street/Starkey Road Project from 84th Lane to Bryan Dairy Road


approved play video 40. Approval of a Settlement Agreement to the Refuse to Energy Plant Consolidated Management Agreement with Wheelabrator Pinellas Inc. for Operation and Maintenance of the Waste-to-Energy Facility

approved play video 41. Approval of Amendment No. 6 to the Agreement for Engineering Consultant Services with Jones, Edmunds & Associates, Inc. for Modification of Water Blending Facility Design (Temporarily Deferred from the November 6, 2007, BCC Meeting)

Other Departments

approved play video 42. Approval of an Amendment to Agreement with Yesawich, Pepperdine, Brown & Russell, LLP for Advertising and Promotional Services (Convention & Visitors Bureau)

approved play video 43. Adoption of a Resolution Requiring Members of the Pinellas County Housing Finance Authority to File an Annual Statement of Financial Interest with the Pinellas County Supervisor of Elections (County Administrator)

approved play video 44. Adoption of Resolutions Approving the Public Art and Design Master Plan and the FYs 2007 and 2008 Public Art Works Plan (Culture, Education, and Leisure)

approved play video 45. Approval of a Non-Competitive Purchase with Motorola, Inc. for Intergovernmental 800 MegaHertz Public Safety Radio and Data Communications System Services Plan (Emergency Communications)

approved play video 46. Approval of an Amendment to Extend the Closing Date on the Contract for Sale and Purchase of Real Property with Stephen J. and Sheri L. Nymark for Lake Seminole Alum Injection Project (Environmental Management/Real Estate)

approved play video 47. Approval of a Request to Renew the Pinellas County Baker Act Transportation Exception Plan for Minors (Health and Human Services)

approved play video 48. Approval of FY 2008 Budget Amendments Nos. 5 and 6 (Management and Budget)

play video 49. Other Administrative Matters

approved a. Approval of the Third Amendment to the Agreement for State Governmental Representation Services with Pennington, Moore, Wilkinson, Bell and Dunbar, PA (County Administrator/Purchasing)

approved b. County Administrator authorized to take action as he deems appropriate regarding the status of the County’s current 401(a) Special Pay Plan.


approved play video 50. Approval of Authority for the County Attorney to Defend the Cases of:

a. U.S. Bank v. Lynn M. Baker, et al - Circuit Civil Case No. 07-12358-CI-15 - Mortgage Foreclosure Involving a Community Development Mortgage

b. Graydon Roger Boles v. Robert Hauser, Bush, Brian Armstrong, Pete Saroukos, and Crawford – U.S. District Court Case No. 8:07-CV-1655-T17-TGW – Allegations of Discrimination

approved play video 51. Approval of Authority for the County Attorney to Initiate Litigation in the Cases of:

a. Pinellas County v. Kenneth Charlton and John Kashtan - Negligence in the Operation of a Motor Vehicle

b. Pinellas County v. Christopher Digiulio - Negligence in the Operation of a Motor Vehicle

c. Pinellas County v. Marcus Leisure - Negligence in the Operation of a Motor Vehicle

d. Pinellas County v. Gunwant S. Dhaliwal, Tejinder K. Dhaliwal, and K. & T. Tractor Services, Inc. – Requested Ratification of Litigation Involving Illegal Mangrove Trimming and Removal and Illegal Dredge and Fill

approved play video 52. Approval to Initiate Housing Discrimination Litigation on Behalf of Mrs. Frances Wertheimer in the Complaint of Frances Wertheimer v. Caliber Condominium Management, Inc. – Housing and Urban Development Case No. 04-07-1201-8; PCO Case No. 07-034

approved play video 53. Approval of an Amendment to Contract for Legal Services with Allen, Norton & Blue, P.A., Retroactive to August 31, 2007

approved play video 54. Approval of Authority to Transfer Custodial Responsibility for Claims and Litigation Files to the Sheriff

play video 55. Miscellaneous – None.

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approved play video 56. Approval of an Appointment of an Advanced Life Support Provider Alternate Representative to the EMS Advisory Council


approved play video 57. Approval of a Non-Competitive Award to Secure Horizons as Part of United HealthCare, the County’s Third Party Administrator, to Provide Qualified Retirees an Alternative Option for Health Coverage and Medicare Advantage Plan


play video 58. Mr. Marquis reported that the State has approved the Shell Key Management Plan.

Mr. Marquis distributed a handout and requested authority to proceed with the design/build concept to solicit proposals for recreation fields at the School Board site at Keystone and East Lake Roads, and no objections were noted.

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approved play video 59. Approval of a Reappointment to the Local Public Employee Relations Commission

approved play video 60. Approval of Reappointments to the Pinellas County Cultural Council

approved play video As amended 61. Approval of 2008 Individual Commissioners’ Appointments
Commissioner Welch added Oscar Robinson as his appointee to the Historical Commission.

approved play video 62. Approval of 2008 Appointments by BCC as-a-Whole

play video 63. Miscellaneous Appointments

approved a. Approval of Appointments to the Annexation Task Force
Commissioners Latvala, Morroni, and Duncan.

b. Approval of Two Appointments to Board of Directors of Pinellas
Opportunity Council, Inc.
Included in Item No. 62.

temporarily deferred c. Approval of an Appointment to Parents, Speak Up!
Commissioner Harris will continue to serve until a new appointment is made.

approved d. Approval of a Reappointment to Pinellas Community Foundation’s Board of Governors

e. Miscellaneous Items for Discussion

1. Commissioner Morroni expressed thanks and extended holiday wishes to colleagues, employees, and County residents.
2. Commissioner Harris expressed thanks and extended holiday wishes to colleagues, County residents, and members of the Youth Advisory Committee.
3. Commissioner Seel referred to a draft ordinance establishing a Countywide Historic Preservation Program, a copy of which has been filed and made a part of the record, and requested that the members review the document and provide input; discussion ensued. Extended holiday wishes to County employees and citizens.
4. Commissioner Latvala related that the desalination plant has passed its acceptance test; requested support to have County Attorney draft an amendment of the human rights ordinance to prevent discrimination regarding sexual orientation, and no objections were noted; thanked colleagues and extended holiday wishes.
5. Commissioner Welch provided updates on the Consumer Fireworks Task Force and the Gubernatorial Drug Paraphernalia Task Force; congratulated Gibbs Junior Gladiators Varsity Flyweight Football Team on their State Championship; and extended holiday wishes.
6. Commissioner Stewart reminded everyone of the Friday Nights and Garden Lights program at the Florida Botanical Gardens, from 6 to 9 P.M. on December 21; and extended holiday wishes.
7. Chairman Duncan expressed appreciation to the Commissioners for their leadership and work on various boards and issues; thanked employees, and extended holiday wishes.

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6:31 P.M.

Mark P. Klutho, Largo, re stupidity, waste.
Greg Pound: Steward Israel, Largo, re family life in Pinellas County.
John Thomas, St. Petersburg, re Tierra Verde overlay and annexation.
Jack Parker, Tierra Verde, re annexation of Tierra Verde.

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temporarily deferred 03/11/08 play video 64. Master Development Plan Review for Industrial/Mixed-Use Projects
(La Entrada) (to be Temporarily Deferred to March 11, 2008, CPA Meeting)


approved play video 65. Petition to Vacate Submitted by Scott and Jody Farrell for a Portion of a Drainage Easement on Lot 56, The Woods at Lake Seminole-Unit Two Subdivision

approved play video 66. Proposed Ordinance Waiving the Annual Application for Veteran’s Disability Discount for Homestead Exemption

approved play video 67. Proposed Ordinance Adopting the Public School Facilities Element and the Adopting Amendments to the Capital Improvements and Intergovernmental Coordination Elements of the Pinellas County Comprehensive Plan

approved play video 68. Proposed Resolution Revising Retail Water Rates for Water System Customers

approved play video 69. Proposed Resolution Revising Wholesale Water Rates for Water System Customers

70. Planning and Zoning Applications Heard by the Examiner (Quasi-Judicial Hearings are Noted with a “Q” Prefix):

approved play video a. Q Z/LU-1-10-07
Resolution Changing the Zoning Classification of a Parcel of Land Containing Approximately 1.56 Acres Located on the Southwest Corner of Park Boulevard and 128th Street North, Seminole (Street Address: 7770 128th Street North), Page 282 of the Zoning Atlas, as Being in Section 29, Township 30, Range 15, from E-1, Estate Residential to IL, Institutional Limited with a Development Agreement to Allow a Total of 32 Beds within the Existing Facility and a Variance to Allow 9 Parking Spaces Where 32 Parking Spaces are Required, upon Application of GIB Properties, LLC through Steven A. Williamson, Esquire, Johnson, Pope, Bokor, Ruppel & Burns, LLP, Representative, and an Ordinance Amending the Future Land Use Map of Pinellas County, Florida, by Changing the Land Use Designation of a Parcel of Land Containing Approximately 1.5 Acres Located on the Southwest Corner of Park Boulevard and 128th Street North, Seminole (Street Address: 7770 128th Street North) Located in Section 29, Township 30, Range 15, from Residential Suburban to Institutional, and Providing an Effective Date

approved play video b. Q LU-3-10-07
An Ordinance Amending the Future Land Use Map of Pinellas County, Florida, by Changing the Land Use Designation of a Parcel of Land Containing Approximately 1.1 Acres Located on the East Side of Starkey Road at the Intersection with 20th Avenue Southeast, Largo (Street Address: 1999 Starkey Road) Located in Section 01, Township 30, Range 15, from Industrial Limited to Commercial General, and Providing an Effective Date, upon Application of Travis P. Rodgers, Land Trust, in Care of Audrey E. Rodgers, through Steve and Dawn Tartaglia, SMT Consultants, Inc., Representative

71. play video ADJOURNMENT – 7:48 P.M.

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