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BOARD OF COUNTY COMMISSIONERS MEETING
TUESDAY, MAY 17, 2005 – 3:03 P.M.
ASSEMBLY ROOM, FIFTH FLOOR
315 COURT STREET, CLEARWATER, FLORIDA
Members Present: John Morroni, Chairman; Kenneth T. Welch, Vice-Chairman;
Robert B. Stewart; Calvin D. Harris; Karen Williams Seel; Susan Latvala; and Ronnie E. Duncan. Members Absent:
Excused:
Others Present:
Susan H. Churuti, County Attorney; Stephen M. Spratt, County Administrator; Claretha N. Harris, Chief Deputy Clerk; and Linda Reed, Arlene Smitke, and MaryAnn Penhale, Deputy Clerks. INVOCATION:
PLEDGE OF ALLEGIANCE: Commissioner
PRESENTATIONS AND AWARDS
Presentation of the National Trails Day Proclamation to Frank Miller, Executive Director, Friendship TrailBridge, Inc.; and Jerry Cummings, Pinellas Trail Supervisor. Youth Advisory Committee presentation by Monica Beyrouti, President.
CONSENT AGENDA ITEMS NOS. 1 THROUGH 11 - APPROVED

Minutes of regular meeting of April 19, 2005. Juvenile Welfare Board of Pinellas County Interim Financial Reports (Unaudited) dated March 31, 2005. Quarterly Report of Routine Dock Permits issued from January 1, 2005 to March 31, 2005. Pinellas County Sheriff’s Office Florida Contraband Forfeiture Semiannual Report for the period October 1, 2004 – March 31, 2005. Pinellas County, Florida, St. Petersburg – Clearwater International Airport Enterprise Fund, Financial Statements for the years ended September 30, 2004 and 2003, with Independent Auditors’ Report thereon. Pinellas County, Florida, Water System Enterprise Fund, Financial Statements for the years ended September 30, 2004 and 2003, with Independent Auditors’ Report thereon. City of Tarpon Springs, Florida, Comprehensive Annual Financial Report for the fiscal year ended September 30, 2004. City of Tarpon Springs, Florida, Pinellas County Fire Services Agreement, September 30, 2004. Gulfcoast Legal Services, Inc., St. Petersburg, Florida, Audited Financial Statements and Supplementary Schedules, together with Independent Auditors’ Report for the fiscal year ended December 31, 2004. Vouchers and Bills Paid – Period of April 18 through April 29, 2005. Payroll Journal page numbers 1 through 2637 Payroll checks numbered 530716 through 531092 Manual checks numbered 751114 through 751120 System checks numbered 784147 through 786032 Wire Transfers numbered 004845 through 004885 Miscellaneous items received for filing as noted on the agenda: Correspondence from City of Pinellas Park regarding two ordinances voluntarily annexing certain property; public hearing held May 12, 2005. Correspondence regarding permanent closure of NOVO 1, Inc. (formerly Call_Solutions) effective June 18, 2005. Barrier Islands Governmental Council (Big-C) minutes of meeting held March 23, 2005 and agenda for meeting of April 27, 2005. One item relating to dock, pier and wharf construction contract bonds. Ranking of firms to provide consulting services for Starkey Road – Bryan Dairy Road to Ulmerton Road (PID No. 922252) as follows: Kisinger Campo & Associates Corporation Staff authorized to negotiate a contract with the number one ranked firm for board approval. # 6b Ranking of firms to provide consulting services for Starkey Road – Ulmerton Road to East Bay Drive (PID No. 870) as follows: Kisinger Campo & Associates Corporation Staff authorized to negotiate a contract with the number one ranked firm for board approval. Ranking of firms to provide consulting services for 46th Avenue North from 55th Street North to 37th Street North (PID No. 694) as follows: Staff authorized to negotiate a contract with the number one ranked firm for board approval. Change Order No. 1 (final) to Project No. 653-901814-1634 (Bid No. 023-176-C) with Cornerstone Businesses, Inc. for 2” Galvanized Water Main Replacement, decreasing the contract by $902,463.00 (revised total agreement amount, $5,795,254.60); contract accepted as substantially complete as of September 24, 2004; retainage released in amount of $97,701.48; Chairman authorized to sign and the Clerk to attest. APPROVAL OF THE RECEIPT AND FILE REPORT OF ITEMS DELEGATED TO THE COUNTY ADMINISTRATOR FOR APPROVAL (COUNTY ADMINISTRATOR) Non-Tenant Rental Car Business Permit with E-Z Rent-A-Car, Inc., to Operate its Courtesy Non-Tenant Rental Car Business Permit with DTG Operations, Inc., d/b/a Dollar Rent-A-Car, approximate to Operate its Courtesy Shuttle on Airport Land Leases / Access Agreements with U.S. Department of Transportation, Federal Aviation Administration for the Placement and Maintenance of the Following Navigational Equipment: (a) Glide Slope and Touchdown RVR for Runway 17L; (b) Glide Slope and Rollout RVR Equipment for Flight Operations on Runway 35R. Agreement with Averbuch Rail Art, LLC for See attached list of (a) Releases of Street Lighting Lien; (b) Releases of Paving Lien: Mary Sagonias (3); Farrell Homes, Inc.; (c) Release of Drainage Lien: Charles L. and Maryann K. Harman (d) Release of Sewer Lien: William Walton. Communications Agreement with Boy Scout Troop 371 for a Volunteer Program at Florida Botanical Gardens. Communications Option of Renewal with Pinellas Suncoast Transit Authority for the Sale of Bicycle Permit Neighborhood Enhancement Grant Agreements with: (a) Baywood Village Association, Inc.; Association, Inc.; (c) The Homes at Coventry equal Association match; (c) 3,000.00, plus equal Association match. (a) Satisfactions of Mortgage (Housing): Arlie G. Kelley, Cecilia Sadowski; Susan E. Eaton; David C. and Janice C. Collis; Georgia M. Collinsworth; Tampa Bay Community Development Corporation (4); Douglas Pitz and Renee Pitz; Athena Hourdas, a/k/a Athena Houdras; Mary Jane Green; Pamala K. Conners; Dorothy B. Suto; Willie and Eunice Mae Lewis; (b) Release of Lien (Housing): Edward J. Edmisten Specific Performance Agreement with Friends of Ridgecrest, Inc. to Hire a Consultant to Identify the Cause of a Persistent Roof Leak. Development Block Grant (CDGB) grant funds Services, Inc. for Renovation of a 20,000 Agreement with Personal Enrichment through Mental Health Services, Inc. (PEMHS) for Rehabilitation; (b) Land Use Restriction Neighborhood Enhancement Grant Agreements with: (a) Bardmoor North Property Owners Association, Inc.; (b) Ivy Ridge Homeowners (b) $6,605.00, plus equal Association match Subordination Agreement with Nicholas J. Klos Release of Lien for Attorney Fees and Costs: Douglas Dubay, a/k/a Douglas Richard Dubay. Grant Funding Agreement with Palm Harbor Community Services Agency, Inc. for: (a) Construction of the Hockey Rink Roof and Resurfacing of Existing Structure; (b) Baseball Field Fencing, Skin Fields, and Replacement of Agent Authorization Letter with The CEPCOT Corporation to Obtain All Required City Permits. Assistance to Firefighters Grant Application Security, Office of Domestic Preparedness for a Nourishment Project for U.S. Army Corps of Engineers. Grant Application with U.S. Fish and Wildlife plus County matches as follows: $216,546.00 FY05, $100,000.00 FY06, $597,000.00 FY08, $382,160.00 FY09 Employee Residential License Agreement with Keith Thompson (employee) to Operate and Maintain the Weedon Island Preserve. with Orange County, Florida, for Lab Analysis Services of Volatile Organic Compounds. Program Agreement with Daystar Life Center, Inc. to Correct Agency Name from Daystar, Inc. Amendment No. 1 to Contract with State of Florida, Department of Health (DOH) for the Amendments Nos. 2 and 3 to Contract with DOH for the Operation of the Pinellas County Health Department – Fiscal Year 2003-2004. Grant Application with U.S. Department of Sheriff Office’s and the City of St. Petersburg Police Department’s Laptop Interoperability Joint Funding Agreement with U.S. Department of the Interior, U.S. Geological Survey (USGS) for Water Discipline Data Collection Program. Association of Highland Lakes, Inc. to Provide a Sidewalk for Highlands Boulevard. Assignment of Drainage Easements to the City of Dunedin for Dunedin Ridge and Dunedin Ridge 1st Addition Subdivisions. Budget Amendment No. 13 was filed and made a part of the record (Management and Budget). PROCUREMENT ITEMS APPROVED BY THE COUNTY ADMINISTRATOR FOR THE QUARTER ENDING MARCH 31, 2005 – RECEIVED FOR FILING (PURCHASING) Continued Purchase Authorization – Liquid Approval Request – Change Order No. 2 to Master Purchase Order.: 213006 for Acute and Chronic Toxicity Tests, Utilities Dept. Award of Bid – Light Commercial Electrical Machines; En Pointe Technologies Sales, Inc. Continue Purchase Authorization – Tires, Florida State Contract 863-000-03-1, Fleet Department Agenda Memo Scrivener Error – Risk Management Software Computer System, Risk Management Dept. Approval of Price Adjustment – Odor Counteractant/Degreaser, Utilities Department Renewal of Contract – Airport Limousine Renewal of Contract – Batteries, Vehicle Wastewater Treating Chemicals – CO-OP, Contract Time Only Extension – Pharmacy Final Option of Renewal – Landscape and Culture, Education and Leisure Department Rejection of Bids – Fiberglass Boat for Reef Maintenance – Facility Management, General Services Rejection of Proposals – Project Portfolio Management, Information Technology Department First Option of Renewal – Monitoring Services for Home Investments Partnerships Initiatives Partnership Program (SHIP) Compliance, Community Development Department Cancellation of Contract – Air Conditioning Consulting Services, County Administrator Award of Bid – Dry Dock Maintenance and Development Department Emergency Suspension and Re-Award of Bid G & K Services – Approval of Sole Source Purchase – 800 Communications 9-1-1 Department Increase in Funds for Master Purchase Order – Laboratory Supplies, Colilert Reagents, Purchase Authorization – IBM Dual 7028 P Series 630 Systems – Emergency Communications, Emergency Communications 9-1-1 Department Second and Final Option of Renewal – First Amendment – Charter Bus Service, Cancellation of Contract – Zetag 7966, Zetag 7557, and Zetag 7878FS40, Utilities Department Approval Request – Emergency Purchase of Mold Remediation Services, Mobile Office Utilities Department Second Option of Renewal – Office Supplies, Equipment and Furniture, Various Departments Purchase Authorization – Zetag Polymer, Contract Renewal – First and Final Option of Renewal – Hearing Impaired Interpreter Services, Office of Human Rights Option of Renewal – Contract for MSTU Sidewalk and A.D.A. Ramp Improvements – Scrivener Error – Correction to Final Option of Renewal – Adopt-A-Mile/Adopt-A-Pond Program, Utilities Department Award of Bid – Water & Sewer Materials, PVC, HDPE & Accessories – 04/05, Utilities Ferguson Waterworks Hughes Supply Lehman Pipe & Plumbing Supply National Waterworks First Option of Renewal – Lease of Studio Apartment at St. Pete Beach, Florida, Lease Management Department Approval Request – Emergency Repair of Leaking Valve at US 19 to Evans Rd & SR 580, Utilities Department Renewal of Contract – Temporary Employment Services, Personnel Department Purchase Authorization – Autodesk Master Software Support Agreement, Information Systems Department Sole Source Purchase – WaterCAD/SewerCAD Software, Utilities Department First Option of Renewal – Altosid Products and Technical Support, Highway Department *Award date reflects date County Administrator approved; however, contracts were not fully executed until after the quarter ended. Quarterly Report of Claim Settlements for the quarter ended March 31, 2005 received for filing (County Attorney and Risk Management). Items for Discussion from Consent Agenda (County Administrator and Clerk of Circuit Court) – None Bid of Pepper Contracting Services, Inc. for McMullen Booth Road at State Road 590 Intersection Improvements (rebid) accepted for an expenditure in the amount of $1,777,064.16, including the base bid, Alternate B, and the Option for the City of Clearwater Water Main Relocation (PID No. 816, Bid No. 045-340-C); Chairman authorized to sign and the Clerk to attest after proper execution by the contractor and written approval as to form by the Office of the County Attorney. In response to query by Commissioner Seel, Director of Engineering Jorge Quintas, Public Works, indicated that the project was advertised last year; that the bids were rejected due to cost increases; and that value engineering had been performed to attempt to bring costs down; whereupon, he compared the cost and various characteristics of PVC pipe versus concrete pipe. Responding to further query by Commissioner Seel, Mr. Quintas confirmed that a portion of the funding for the project will come from the Intelligent Transportation System (ITS) budget; and that the ITS budget will be restored so as not to short change that project. Resolution No. 05-80 adopted dedicating a portion of County-owned property in Section 18, Township 30 South, Range 16 East as public road right-of-way for 114th Avenue North; Clerk authorized to record. Contract for Sale and Purchase between Pinellas County and Yvonne LaFleur and Bernard LaFleur for acquisition of property located at 2340 Wilshire Drive, Dunedin, for the Curlew Creek Channel A Improvements Project (PID No. 921488) with authorization for issuance of a check in the amount of $188,696.40 to Somers Title Company; declaration of structure as surplus; authorization for Real Estate Division to donate, sell, or demolish the structure thereon and dispose of any personal property, as appropriate, in accordance with law and established County policy approved for execution. Agreement with TBE Group, Inc. for Consultant Services for the Tampa Road Reclaimed Water Transmission Main (Project No. 763-400513-1659) in the amount of $503,900.00 approved for execution. In response to concerns raised by Commissioner Seel, Director of Utilities Pick Talley related that although the Clearwater contract will not be extended, the County has a contract to purchase reclaimed water from Oldsmar until 2012; and that other sources may include two projects at Lake Tarpon and the shallow well system. #17 Local Agency Program (LAP) Agreement with State of Florida Department of Transportation (FDOT) for State Road 699 – Gulf Boulevard from Park Boulevard to Walsingham Road (Project No. 1149) for a total estimated project cost in the amount of $20,000,000.00 (FDOT funding, $13,500,000.00) approved for execution. Authority granted for the Clerk of the Circuit Court to advertise a public hearing to be held on June 7, 2005, re a proposed amendment to Ordinance No. 99-27 regulating the County’s grease waste management program. Two small parcels of land located in the Dansville Community declared as surplus; authorization granted for conveyance of the parcels to the adjacent property owner; Chairman authorized to execute and Clerk to attest the county deed (Community Development). #20 Partial Release of Land Use Restriction Agreement between Pinellas County and Religious Community Services, Inc. approved for execution (Community Development). First Amendment to Lease Agreement with the Board of Trustees of St. Petersburg College (SPC) for premises to be used by SPC for training of fire and emergency services personnel, changing the term of the lease to 40 years and changing the address for notices to the County approved; Chairman authorized to execute and Clerk to attest (General Services). Equis Corporation selected to provide real estate financial consulting and conceptual campus planning services (Contract No. 045-473-P); staff authorized to initiate contract negotiations with said firm (General Services). Responding to concerns expressed by Commissioner Duncan, Mr. Spratt indicated that due diligence will be exercised to ensure that the consultants have specific experience working with local governments, as opposed to standard commercial real estate brokerage experience. Commissioner Seel expressed concern that the proposal implies the possibility of moving the county seat, and that the County’s space reallocation could have a negative economic impact to the City of Clearwater. During discussion, Mr. Spratt indicated that County and City staff have been working together; and that any action by the County will include consideration of the City’s redevelopment plans. Summer Food Service Program (SFSP) for Children Agreement No. 04-0972 with the Florida Department of Education, Division of Support Services, Food and Nutrition Management, approved for execution, allowing the County to sponsor the SFSP during the months of June and July 2005 (Human Services). Food Vending Services Agreement with the Pinellas County School Board for the 2005 Summer Food Service Program (SFSP) for Children approved for execution, for summer food vending services for the period June 1 through July 20, 2005 (a federally funded program administered locally by the Florida Department of Education) effective for six months from the date of execution (Human Services). Resolution No. 05-81 adopted to appropriate earmarked receipts for a particular purpose in the Fiscal Year 2005 General Fund Budget for unanticipated contract revenues from the Cities of Largo and Madeira Beach for the Sheriff (Management and Budget). Resolutions Nos. 05-82 through 05-94 adopted granting ad valorem tax exemptions for historic properties located in the City of St. Petersburg; Chairman authorized to execute Historic Preservation Property Tax Exemption Covenants for the subject properties (Planning). Following discussion with input by Planning Director Brian Smith and County Administrator Stephen M. Spratt, Chairman Morroni directed that a presentation be scheduled at an upcoming work session with regard to the criteria and policies for granting ad valorem tax exemptions for historic properties; and no objections were noted. #27a Interlocal Agreement with the City of Oldsmar for the sale of potable water approved for execution for a maximum estimated revenue of $10,349,940.00 over the five-year term of the agreement; Clerk authorized to attest upon execution of agreement by Chairman. Discussion ensued with input by Utilities Director Pick Talley, County Attorney Susan Churuti and County Administrator Stephen Spratt relative to potential funding from the legislature for the City of Oldsmar's municipal water supply, a contract with the City for a standby fee, the legality of compensating the City of St. Petersburg for lost future revenues, rates charged per 1,000 gallons by the City of St. Petersburg and the County, and the method of determining a standby fee. #27b Change Order No. 1 to Contract No. 000613 with Skanska USA Building, Inc. for the jail expansion phase two, health care facility approved, subject to proper execution by the contractor, accepting and incorporating the final construction documents dated December 3, 2004 and addenda numbers one through five into the current contract, adjusting the Guaranteed Maximum Price (GMP) as outlined in the agenda memorandum dated May 17, 2005, a copy of which has been filed and made a part of the record, (increase of $552,435.00 to reset the Construction Management Agreement amount from $22,573,555.00 to a total of $23,125,990.00), and extending the contract by 75 calendar days. County Administrator Stephen Spratt indicated that the bids received resulted in a total contract estimate in the amount of $6,443,538.00 higher than the approved GMP; that negotiations are underway to reduce the figure; and that the Change Order incorporates final construction documents worked out with the Sheriff's Office; whereupon, County Attorney Susan Churuti stated that engineering and legal staff have been conferring with outside counsel regarding the matter; that she recommends that the Board go forward at this juncture; and that approval would be subject to proper execution by the contractor. Discussion ensued during which Paul Giuliani and Tom Borawski, Public Works Department, responded to queries by the members indicating that the schedule provided to them shows a substantial completion date of May 5, with final completion on July 5, 2006, based upon a 124-day extension; that upon substantial completion, a certificate of occupancy could be issued; and that the time between substantial and final completion is to finish punch list items. Mr. Spratt stated that the contractor requested an extension of 124 days, but that 75 days is being recommended, and explained that the reason for requesting approval prior to the contractor executing the document is to avoid unnecessary delays in the pace of construction. During deliberations, Sheriff Jim Coats indicated that he is satisfied with the design of the facility and its intended use. Authorization granted to advertise notice of a hearing to be held June 7, 2005 re designation of the position of Human Rights/Equal Opportunity Officer for inclusion in the Senior Management Service Class of the Florida Retirement System (FRS) (Office of Human Rights). County Attorney Susan Churuti provided background information relative to the establishment of the Senior Management Service Class, and stated that there are approximately 44 positions that the Board could utilize; that individuals so designated earn retirement at a rate of two percent per year as opposed to 1.6 percent for those in the regular class; that the Board will be asked to purchase past credit retroactive to January 1, 2005, which amounts to $665.58; and that the estimated increase in annual costs is $2,163.13. County Attorney authorized to defend the county's interests: a. Equity Trust Company versus Monty G. Kaylor, et al. - Circuit Civil Case No. 05-2843-CI-11 - Mortgage Foreclosure Involving a Street Lighting Lien. Edward Jameson versus Pinellas County Government – U.S. District Case No. 8:05-cv-400-T-17TGW – Allegations of Violations of Age Discrimination in Employment Act. Takia Rhymes versus Ken Burke and Pinellas County Sheriff Jim Coats – Circuit Civil Case No. 05-2403-CI-11 – Allegations of False Imprisonment. Joanne Richardson versus Pinellas County – Circuit Civil Case No. 05-2909-CI-15 – Allegations of Negligence Resulting in Personal Injuries. Michel Rodriguez versus Jim Coats - Circuit Civil Case No. 05-2136-CI-13 – Allegations of Negligence Resulting in Personal Injuries. Jane Watson versus Pinellas County – Circuit Civil Case No. 05-2020-CI-7 – Allegations of Negligence Resulting in Personal Injuries. Health Insurance Portability and Accountability Act (HIPAA) Security Amendment to the existing Administrative Services Agreement with United HealthCare for administrative services related to the employee health plan approved; effective date of amendment April 20, 2005 to comply with federal requirements under the HIPAA Act of 1996. County Attorney authorized to submit a claim on behalf of Pinellas County as a Class Member to recover all or a portion of the cost incurred in the Relafen Antitrust Litigation. Authority for special counsel to defend additionally named defendants ratified in the case of Tammy Carnley and Jennifer Pugh as Co-Personal Representatives of the Estate of Larry D. Germonprez, Deceased, Plaintiffs, versus Pinellas County, et al., Defendants – Circuit Civil Case No. 05-1770-CI-11 as moved to U.S. District Case No. 8:05-CV-735-T-23TBM – Allegations of Wrongful Death and Civil Rights Violations. Contracts and agreements in special counsel agreements approved for execution in the matter of Estate of Larry D. Germonprez, Deceased, versus Pinellas County, et al. - Circuit Civil Case No. 05-1770-CI-11 as moved to U.S. District Case No 8:05-CV-735-T-23TBM with: a. Abbey, Adams, Byelick, Kiernan, Mueller & Lancaster. Frazer, Hubbard, Brandt, Trask & Yacavone. Williams, Schnifino, Mangione & Steady. At this time, 4:03 P.M., Commissioner Harris left the meeting. Authorization granted to advertise notice of a hearing to be held June 7, 2005, re designation of four Managing Assistant County Attorney positions for inclusion in the Senior Management Service Class of the Florida Retirement System. In response to queries by Commissioner Stewart, County Attorney Susan Churuti provided information relative to the number of positions eligible for inclusion in the Senior Management Service Class and the estimated costs for designating the subject positions. Authorization granted for settlement of claim of Michael Rodriguez versus Jim Coats, Circuit Civil Case No. 05-2136-CI-13. Attorney Churuti advised that the monthly report re Rick Dodge litigation has been delivered to the members. At this time, 4:05 P.M., Commissioner Harris returned to the meeting. #37 Sitting as the Industrial Development Authority d/b/a the Economic Development Authority, the Board approved for execution the Fourth Amendment to the Lease Agreement between the Pinellas County Economic Development Authority and The Enser Corporation, extending the term of the lease, on a month-to-month basis, effective April 1, 2005 through September 30, 2005, for a monthly rent payment, including tax, in the amount of $2,279.82. In response to query by Commissioner Duncan, Paul S. Sacco, Director of the Young-Rainey STAR Center stated that the company is building out its headquarters in Pinellas Park and transferring equipment from the STAR Center to that location; and that the company is requesting a month-to-month lease because the current lease expires prior to the expected completion of their project. #38 Sitting as the Industrial Development Authority d/b/a the Economic Development Authority, the Board approved for execution the Contract for Sale and Purchase of parcel No. 09/30/16/86388/000/0100 to JTG Enterprises, Inc. for the amount of $6,000,000.00, and directed the proceeds of the sale to the Capital Improvement Project (CIP) Fund, Reserve for Future Years. In response to queries by Commissioner Duncan, Mike Meidel, Bureau Director of the Economic Development Department, explained the reasons for allowing 180 days for the buyer to inspect the property and secure any permits and approvals for its intended use; whereupon, he described the requirements for the company to operate under a conditional use agreement, and indicated that he does not anticipate any problems; and that the buyer requested the 180 days in the event that a longer process involving a change in the land use designation would be required. Authorization granted to advertise notice of a hearing to be held on June 7, 2005 re designation of the position of Director of Information Technology (IT) for inclusion in the Senior Management Service Class of the Florida Retirement System. In response to query by Commissioner Stewart, County Attorney Susan Churuti explained that the IT Director is recognized as a county employee for retirement purposes; that the Division of Retirement (DOR) does not permit the IT Board to make the designation for inclusion in the Senior Management Service Class; and that there is confirmation in writing from the DOR that the Board of County Commissioners (BCC) is the appropriate designating authority. During discussion with input by County Administrator Stephen Spratt and County Attorney Susan Churuti, the negotiation process and the delay in bringing the matter to the BCC were addressed. Assistant County Administrator Elithia V. Stanfield presented the 2005 Post Legislative Session Report, a copy of which has been filed and made a part of the record, and highlighted primary legislative issues of importance to the county, appropriations, other issues of interest, and legislation that did not pass; whereupon, she responded to queries by Commissioner Welch and Chairman Morroni relative to the state information system mandated by the Florida Association of Court Clerks, and the issue of running red lights. Commissioner Seel reminded the Board that the growth management state transportation monies are for the Strategic Intermodal System; and that the county has very few roadways that will be receiving the funds. moved, seconded by Commissioner Welch and carried, that Anastasia Liounakos be appointed to the Youth Advisory Committee for the term of May 17 through July 31, 2005. Re Lealman request to rename Joe's Creek Park to Todd Park at Joe's Creek; status report re naming rights given by Director of Culture, Education and Leisure Liz Warren and Bill Berger, Office of Management and Budget. Charter Review Commission update; new Florida Association of Counties (FAC) Chief Executive Officer (CEO). Re Weedon Island tour; attendance at Annual Drug Court Graduation Ceremony. Noted for the record that she did not respond vocally but intended to vote "no" on BCC 5-3-05 agenda item #38d; commented on FAC CEO and County Connection Centers. Re hurricane season preparation; staff to provide status report re animal-friendly shelters and other issues. At this time, 4:47 P.M., the meeting was recessed, and reconvened PRESENTATIONS AND AWARDS
Presentation of the annual session wrap-up report by Kimberly Berfield, Legislative Delegation Chair. Proclamation presented to Chuck Kearns, Director of the Pinellas County Emergency Medical Services (EMS) Authority, declaring the week of May 15 through May 21, 2005 as Emergency Medical Services Week. Presentation of the Emergency Medical Technician of the Year Award to John Matulenko, Sunstar. Presentation of the Paramedic of the Year Award to Greg Lindgren, Sunstar. Presentation of the Drinking Water Week Winners by Camille Evans, Utilities Public Relations Specialist, Utilities Department. CITIZENS TO BE HEARD - NONE

All public hearing items have been properly advertised. Affidavits of Publication have
been received and are on file in the Board Records Department
.
SCHEDULED PUBLIC HEARINGS – BCC

#42
Ordinance No. 05-33 adopted providing that the Pinellas County Code be amended by revising Section 22-13 relating to construction contracting and licensure enforcement to reflect administrative penalties allowable under state law and providing for clarification relating to alternative penalty provisions. Staff recommended that the proposed ordinance be approved; and that the Clerk be directed to file the ordinance with the Department of State. No correspondence has been received. No citizens appeared to be heard. Resolution No. 05-95 adopted granting petition of Boos Development Group, Inc. to vacate a 30-foot strip of right-of-way lying between Lots 4 and 5, and between Lots 12 and 13 of Pinellas Groves Subdivision located in the southeast quarter of Section 12, Township 29 South, Range 15 East. Letters of no objection received from all appropriate parties. Interested property owners were notified as to the date of the public hearing. Staff recommended the vacation be granted and that the Clerk be authorized to record the resolution. No correspondence has been received. No citizens appeared to be heard. Resolution No. 05-96 adopted granting petition of Max and Novella Schaelchli to vacate a portion of the drainage and utility easement lying within the south ten feet of Lot 31, The Sanctuary at Cobb’s Landing Subdivision, located in Section 32, Township 27 South, Range 16 East. Letters of no objection received from all appropriate parties. Interested property owners were notified as to the date of the public hearing. Staff recommended the vacation be granted and that the Clerk be authorized to record the resolution. No correspondence has been received. No citizens appeared to be heard. Resolution No. 05-97 adopted granting petition of Eric and Deanna Straub to vacate a portion of the drainage and utility easement lying within Lot 11, Bonnie Bay Unit One Subdivision, located in Section 31, Township 30 South, Range 16 East. Letters of no objection received from all appropriate parties. Interested property owners were notified as to the date of the public hearing. Staff recommended the vacation be granted and that the Clerk be authorized to record the resolution. No correspondence has been received. No citizens appeared to be heard. #46a Resolution No. 05-98 adopted granting the application of Brian O’Connell for a change of zoning from R-4 to P-1 (Z-1-3-05), re approximately 0.2 acre located at the northwest corner of U.S. Alternate Highway 19 and Magnolia Avenue. Staff recommended approval of the application based upon the Local Planning Agency Report. No correspondence has been received. No citizens appeared to be heard. #46b Resolution No. 05-99 adopted granting the application of James M. and Gwen H. Hendry and Aaron W. and Barbara M. Hendry through Johnson, Pope, Bokor, Ruppel & Burns LLP, in care of Timothy A. Johnson, Jr., Esquire, Representative, for a change of zoning from CP-1 to RM-10 (Z-1-4-05), re approximately 2.44 acres located on the north side of 106th Avenue North, 448 feet east of Seminole Boulevard. Staff recommended approval of the application based upon the Local Planning Agency Report. No correspondence has been received. No citizens appeared to be heard. #46c Resolution No. 05-100 adopted granting the application of Kaiser Development Corporation, in care of Raymond Kaiser, through Gulf Coast Consulting, Inc., in care of Robert Pergolizzi, AICP, Representative, for a change of zoning from CP-1 to RPD-10 (Z-2-4-05), re approximately 2.36 acres located on the east side of U.S. Highway 19, 443 feet south of East Klosterman Road. Staff recommended approval of the application based upon the Local Planning Agency report. One petition containing ten signatures in opposition to the application has been received. No citizens appeared to be heard. Deviating from the agenda, Chairman Morroni advised those in attendance that the final agenda item No. 46m has been withdrawn. Director of Development Review Services Paul Cassel referred to an aerial photograph and a zoning map, pointed out the location of the parcel and surrounding uses in the area, and reviewed staff’s recommendation for approval of the application. In response to query by Commissioner Seel, he indicated that drainage issues would be addressed through site plan review; and that he sees no need for access to Moore Street. Responding to queries by the members, Robert Pergolizzi, Clearwater, confirmed that there is no intention for access to Moore Street; that all access would be from Rita Lane; and that drainage issues will be addressed. #46d Resolution No. 05-101 adopted granting the application of Tenuto Trust, Dianne Tenuto Trustee through Corporate Properties, LLC, in care of Stephen G. Thompson, PE, Representative, for a change of zoning from A-E to RPD-0.5 (Z-4-4-05), re approximately 26 acres located on the east side of Old East Lake Road, 1,300 feet south of Keystone Road. Staff recommended approval of the application based upon the Local Planning Agency Report. No correspondence has been received. No citizens appeared to be heard. #46e Resolution No. 05-102 adopted granting the application of Janice B. Harris Trust through Charles M. B. Ross and Alexander Mourtakos, Representatives, for a change of zoning from A-E to R-2 (Z-5-4-05), re approximately 9.96 acres located 403 feet west of North Jasmine Avenue, 730 feet north of Leisure Lake Mobile Home Park. Staff recommended approval of the application based upon the Local Planning Agency Report. No correspondence has been received. No citizens appeared to be heard. Mr. Spratt corrected a map attached to the application; indicated that the property contains a portion of an island on the Anclote River; and that the applicant is not requesting rezoning of the portion of the aforesaid island. #46f Ordinance No. 05-34 adopted granting the application of Brian Smith, Pinellas County Planning Director, for a change in land use designation from residential low medium to residential medium and preservation (LU-7-4-05), re approximately 4.08 acres located on the north and south sides of 101st Avenue North, 300 feet east of Seminole Boulevard. Staff recommended approval of the application based upon the Local Planning Agency Report. No correspondence has been received. No citizens appeared to be heard. #46g Resolution No. 05-103 adopted granting the application of George and Penny Costas through Ernest C. Cline, Representative, for a change of zoning from R-3 to C-1; Ordinance No. 05-35 adopted approving a change in land use designation from residential low to residential/office/retail (Z/LU-8-4-05), re approximately 0.276 acre located on the north side of Delaware Avenue, 150 feet east of U.S. Alternate 19. Staff recommended approval of the application based on the Local Planning Agency Report. No correspondence has been received. Director of Development Review Services Paul Cassel referred to an aerial photograph and a land use map, pointed out the location of the parcel and surrounding uses in the area, and stated that staff has no objection to the application. Gregory Van Hook, Palm Harbor, indicated that he is representing the applicant; whereupon, he stated that there is an existing single family home on the property which the applicant intends to rehab and lease as a commercial property; and that the requested C-1 zoning will be similar to adjacent properties to the south. In response to the Chairman’s call for individuals in objection to the application, Kenneth James, Palm Harbor, expressed his concerns. Responding to queries by the members with regard to the concerns of the objector, Mr. Cassel indicated that the requested C-1 zoning allows professional offices and indoor business uses; that a slight increase in traffic would be anticipated; that noise issues could be addressed through code enforcement; and that a small restaurant would be an allowable use. #46h Resolution No. 05-104 adopted granting the application of Raymond Lever through Dana Gamble for a change of zoning from R-4 to P-1A; Ordinance No. 05-36 adopted approving a change in land use designation from residential urban to residential/office limited (Z/LU-11-4-05), re approximately 0.278 acre located at the southeast corner of Roosevelt Boulevard and 59th Street North. Staff recommended approval of the application based upon the Local Planning Agency Report. No correspondence has been received. No citizens appeared to be heard. Resolution No. 05-105 adopted granting the application of Paul M. Keirn for a change of zoning from R-4 to C-2; Ordinance No. 05-37 adopted approving a change in land use designation from residential urban to commercial general (Z/LU-10-4-05), re two parcels containing a total of 0.25 acre: Parcel A located on the south side of 61st Avenue North, 300 feet east of Haines Road; and Parcel B located on the north side of 60th Avenue North, 120 feet east of Haines Road. Staff recommended approval of the application based upon the Local Planning Agency Report. One letter in favor of and two letters in opposition to the application have been received. No citizens appeared to be heard. #46j Ordinance No. 05-38 adopted granting the application of Harley Construction, LLC through Delta Construction Specialties, Inc., in care of George E. Hare, Jr., Representative, approving a change in land use designation from residential urban to commercial general (LU-6-4-05), re approximately 0.198 acre located on the south side of 60th Avenue North, 86.5 feet east of Haines Road. Staff recommended approval of the application based upon the Local Planning Agency Report. One letter of no objection and three letters in opposition to the application have been received. Director of Development Review Services Paul Cassel referred to an aerial photograph and a land use map, pointed out the location of the parcel and surrounding uses in the area, and stated that the commercial general would be compatible with the existing C-2 zoning and would not represent encroachment on the nearby area. George Hare, St. Petersburg, stated that he is the owner of a growing business and wishes to have the commercial general designation on the property. In response to the Chairman’s call for objectors to the application, Charles Gregory Moore, St. Petersburg, stated his concerns. Alluding to the concerns of the objector, Mr. Cassel stated that the application represents a logical expansion of commercial on Haines Road; and Assistant County Administrator Jacob F. Stowers III provided additional input regarding possible mechanisms to addressing truck traffic issues. In rebuttal to the concerns of the objector, Mr. Hare stated that his vehicles are typical size trucks; that the trucks do not go through the neighborhood; that he has cleaned up the area; and that there have been no accidents. #46k Resolution No. 05-106 adopted denying the application of Joseph Saturno and Jim Broderick through Rahdert, Steele, Bryan, Bole & Reynolds, in care of Bradley M. Bole, Representative, for a change of zoning from R-4 to C-1 and a change in land use designation from residential urban to commercial neighborhood (Z/LU-9-4-05), re approximately 0.44 acre located on the north side of 46th Avenue North, 90 feet east of 71st Street North. Staff recommended denial of the application based upon the Local Planning Agency Report. No correspondence has been received. Director of Development Review Services Paul Cassel referred to an aerial photograph, pointed out the location of the property, and indicated that a grandfathered business use has been existing at the site since the early sixties; whereupon, he referred to a zoning and land use map, described surrounding uses, indicated that staff would not support spot zoning in the area; and in response to query by Commissioner Welch, stated that the request could introduce the neighborhood to other commercial uses and set a precedent. Bradley M. Bole, St. Petersburg, reviewed historical background information regarding the commercial use of the property since 1947; and indicated that the application is driven by Mr. Huber’s desire to fix any misunderstanding regarding the parcel’s zoning when he sold the property to the applicants. He submitted photographs of the bookkeeping business and cabinet shop as well as other businesses in the area, which have been filed and made a part of the record. In response to the Chairman’s call for other individuals wishing to speak in favor of the application, Jim Broderick and Joseph Saturno, St. Petersburg, presented their comments in favor of the request. In reply to their statements and questions by the members, Mr. Cassel discussed a letter sent to Mr. Saturno by Robert F. Mortoro, Environmental Management, Code Enforcement, and the results of a traffic analysis of the area. In response to the Chairman’s call for other individuals wishing to speak, Norman F. Huber, St. Petersburg, expressed his support of the application. Responding to queries by the members, Mr. Bole indicated that the applicants plan to continue the current businesses; and Mr. Cassel related that the existing businesses are grandfathered; whereupon, he provided clarification regarding Mr. Mortoro’s letter and explained that the grandfathered status applies to the land and is not personal to the owner. In reply to queries by Commissioner Stewart, Mr. Cassel explained similar uses which would be allowable under the requested C-1 zoning if the property were to be sold in the future; and indicated that some of the businesses in the area may be in violation of the zoning code; whereupon, Commissioner Stewart commented regarding the possible reasons for the applicants’ request. Thereupon, Commissioner Seel moved approval of staff’s recommendation of denial, together with written confirmation of the grandfathered use, seconded by Commissioner Welch. In response to query by Commissioner Welch as to whether denial without prejudice would be helpful, Mr. Cassel explained procedural matters related to the application process and the six-month waiting period. During discussion, Commissioner Welch stated that the existing businesses on the site can continue as grandfathered uses and referenced Commissioner Stewart’s comments regarding the intent of the applicants; whereupon, he expressed concerns regarding the addition of commercial on 46th Avenue North; and stated that he will second Commissioner Seel’s motion without any addition. Commissioner Duncan commented regarding the need for individuals to due diligence when purchasing property; and discussed issues related to the applicants’ possible reason for requesting the zoning change and the Board’s role in the process. Thereupon, Chairman Morroni reiterated the motion to deny by Commissioner Seel, seconded by Commissioner Welch. 5 – 2 (Commissioners Stewart and Duncan dissenting) #46l Resolution No. 05-107 adopted denying the application of Mary Quadros (formerly owned by Helen G. Burleigh, in care of Wikle Properties) through Burnett Design Engineering Co., in care of Keith Burnett, for a change of zoning from C-1 to C-2 (Z-3-4-05), re approximately one acre located on the east side of U.S. Alternate Highway 19, 120 feet south of Fulton Street. Staff recommended denial of the application based upon the Local Planning Agency Report. One letter and one petition containing seven signatures in opposition to the application have been received. Director of Development Review Services Paul Cassel referred to an aerial photograph and land use map and pointed out the subject parcel; identified uses in the neighborhood; reviewed surrounding zoning designations; and indicated that staff has found no compelling reason to change the zoning to C-2; whereupon, he indicated that the applicant had considered utilizing the site for a mini-storage facility, which would be allowable in the existing C-1 as a special exception through the Board of Adjustment. Mary Quadros, Tarpon Springs, stated that keeping the existing C-1 zoning in the middle of surrounding properties zoned C-2 would be inconsistent. Referring to the signers of the petition opposing the application, she stated that some do not live in the area, some have properties already zoned C-2, and some are renters. In response to the Chairman’s call for individuals wishing to speak, Jeff Johnston, Tarpon Springs, stated that he is in favor of staff’s recommendation for denial of the application; whereupon, he expressed his concerns. In response to the Chairman’s call for other individuals wishing to speak, Laura Johnson, Tarpon Springs, stated that she is in objection to the recommendation for denial; that she is related to Mrs. Quadros; that the applicant does not intend to use Fulton Road for access to the property; and that an individual has expressed interest in purchasing the property for a higher C-2 use for a tree service. Alluding to the concerns of the objector, Mrs. Quadros pointed out the location of Mr. Johnston’s residential property and other parcels in the surrounding area with existing C-2 zoning; whereupon, in response to queries by the Chairman and Commissioner Stewart, Mr. Cassel discussed existing zoning and land use designations in the area and staff’s opinion that the existing C-1 zoning is ideally suited for the area. 5 – 2 (Chairman Morroni and Commissioner Stewart dissenting) #46m Mr. Spratt referred to the application of the Pinellas County School Board, Jim Miller, Director, through McKim & Creed, P.A., in care of Brent A. Heath, P.E., Representative, for a utility substation as a conditional use and a variance to allow said conditional use (CU-5-3-05), re approximately 0.26 acre located 637 feet south of Union Street on the west side of the McMullen Booth Elementary School Driveway, and reiterated that the application has been withdrawn. ATTEST: KEN BURKE, CLERK By__________________________

Source: http://www.pinellasclerk.org/aspinclude2/pdf/bcc_minutes/bc051705.pdf

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