Clearwater, Florida, August 15, 2000 The Board of … Florida, August 15, 2000 The Board of County Commissioners in and for the ... Approval to Execute Interlocal Agreement B Various

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Clearwater, Florida, August 15, 2000

The Board of County Commissioners in and for the County of Pinellas met in

regular session in the County Commission Assembly Room, Pinellas County Courthouse, 315

Court Street, Clearwater, Florida, at 6:37 P.M. on this date with the following members

present: Robert B. Stewart, Chairman; Calvin D. Harris, Vice-Chairman; Sallie Parks;

Barbara Sheen Todd; and Karen Williams Seel.

Absent: None.

Also present: Fred E. Marquis, County Administrator; Susan H. Churuti,

County Attorney; C. R. Short, Chief Deputy Clerk; and Carol J. Jones, Board Reporter.

Chairman Robert B. Stewart pronounced the Invocation which was followed

by the Pledge of Allegiance to the Flag led by Commissioner Harris.

A G E N D A

INVOCATIONPLEDGE OF ALLEGIANCE to the Flag of the United States of AmericaPRESENTATIONS & AWARDS

A. CITIZENS TO BE HEARD

Any Person Wishing to Speak at this Time (Excluding Issues on the Agenda or Previously Acted on by the BCC)Must Have a Card Filled Out and Turned in to Staff at the Administrative Table Located at the Front of the BoardRoom.

B. CONSENT AGENDA

CLERK OF CIRCUIT COURT

1. Approval of Minutes B Regular Meeting Held August 1, 2000.

2. Reports:

a. Southwest Florida Water Management District FY 2001 Standard Format Tentative BudgetSubmission and Unit Cost Exercise Dated August 1, 2000 Pursuant to Section 373.536, FloridaStatutes.

3. Other Approvals:

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a. General:

1. Recommendation that the Board of County Commissioners Authorize an Additional$300.00 (from $200.00 to $500.00) in the Petty Cash Fund in ManagementInformation Services.

2. Recommendation that the Board of County Commissioners Authorize an Additional$200.00 (from $50.00 to $250.00) in the Petty Cash Fund in the St. Petersburg BranchOffice.

3. Recommendation that the Board of County Commissioners Authorize the Issuance ofa Check in the Amount of $23,462.78 for Tax Deed Surplus Certificate No. 6169,Payable to Thomas F. Cox, Esquire P.A. Trust Account for the Estate of Everett LeeFranks, 248 First Avenue North, St. Petersburg, FL 33701.

b. Satisfactions of Judgments and Liens.

4. Miscellaneous Items to be Received for Filing:

a. City of Tarpon Springs Notices of Proposed Annexation, Land Use and Zoning RegardingOrdinances Nos. 2000-29 and 2000-30, Public Hearings to be Held August 21 and 29 andSeptember 5 and 19, 2000.

b. Correspondence from City of Pinellas Park Regarding Ordinances Nos. 2733 through 2737,Voluntarily Annexing Certain Property, Public Hearings Held August 8, 2000.

c. City of Clearwater Notice of Public Hearings to be Held August 15, 2000 Regarding CommunityDevelopment Board and Annexation, Land Use Plan and Zoning Atlas Amendments RegardingOrdinances Nos. 6588-00 through 6593-00.

d. City of Clearwater Notice of City Commission Public Hearing to be Held Thursday, August 17,2000.

COUNTY ADMINISTRATOR

Budget and Finance

5. Budget Amendments: Nos. 35 B 36.

Public Works

6. Approval of Subdivision Plats and Related Items.

7. Receipt and File of Plans and Specifications for the Construction of Bruce Lane from Avery Lane toAlderman Road.

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Utilities

8. Approval of Release of Sewer, Water and Reclaimed Water Liens.

General

9. Approval of Award of Bids:

a. Asphalt Concrete, Pick Up Only (COOP).

b. Security Transport Services.

c. Deceased Transport Services.

10. Approval to Declare Surplus and Authorize the Sale of County Owned Vehicles, Heavy Equipment andRelated Parts.

11. Approval of Release of Lien (Housing) B Charles R. Wolfersberger and Geraldine V. Wolfersberger.

12. Approval of Satisfaction of Mortgage (Housing) B Lamar Henderson and Dorothy Henderson.

C. REGULAR AGENDA

13. Items for Discussion from Consent Agenda (County Administrator and Clerk of Circuit Court).

COUNTY ADMINISTRATOR

Public Works

14. Approval to Execute Interlocal Agreement B City of Indian Rocks Beach, Gulf Boulevard PedestrianRefuge Islands.

15. Approval to Execute Interlocal Agreement B Various Transportation Improvements within the City of St.Pete Beach.

16. Approval to Execute Amendment No. 4 to the Agreement for the Dansville Redevelopment Area, SitePlanning Services.

17. Approval of Execution of a Conservation Easement from Pinellas County to the Southwest Florida WaterManagement District for the Regional Environmental Mitigation Site at McMullen-Booth Road andCurlew Road.

18. Approval of Acquisition of a Metes and Bounds Tract, Parcel Number 5 for the C.R. 1 (Tampa Road toNew York Avenue) Project.

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19. Approval of Acquisition of a Portion of a Metes and Bounds Tract, Parcel Number 71 for the Keene Road(C.R. 1) Phase II (Curlew Road to Tampa Road) Project.

Airport

20. Approval of Addendum No. 2 to the Interlocal Agreement with the Pinellas County Sheriff=s Office forLaw Enforcement Services at the St. Petersburg/Clearwater International Airport.

Utilities

21. Approval of Change Order No. 1 B Well Point Dewatering System at the Toytown Sanitary Landfill.

22. Approval of Contract Extension B Corrosion Inhibitor.

23. Approval of Purchase of Award Plaques.

24. Approval of Supplement No. 4 to the Engineering Agreement for Consulting Services for NorthCounty/East Lake Sewer Service Area Modifications.

25. Approval of an Interlocal Agreement between Pinellas County and the City of Madeira Beach for theConstruction of Potable Water and Reclaimed Water Lines in John=s Pass Village.

General

26. Approval of Contract Cancellation B Automotive Paint, Body, and Frame Repair.

27. Approval of Change Order No. 2 B Social Services Building Remodeling and HVAC Improvements.

28. Approval of Non-Competitive Purchase B Combined Cell Phone, Radio, Pager Unit and Services.

29. Approval of Increase to Master Purchase Orders:

a. Paint and Supplies, 1999/2000 (COOP).

b. Grainger Catalog AMost Items.@

c. Plant Materials.

30. Approval of Purchase Authorization B Wide Area Network (WAN) LAN Upgrade.

31. Approval of Amendment No. 1 to the Agreement for Hospital Services for Indigents.

32. Approval of Final Completion and Release of Retainage B Re-Roofing of Sheriff=s Evidence Storage andCentral Distribution Warehouses.

33. Approval of Increase to the Guaranteed Maximum Price and Construction Management Fee B

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Construction Management Agreement, Clearwater Courthouse 5th Floor Renovations.

34. Adoption of a Resolution Reallocating Reserve for Future Years B Fleet Management Fund.

35. Other Administrative Matters.

CLERK OF CIRCUIT COURT

36. Approval of Vouchers and Bills:

a. Weekly Vouchers and Bills.

COUNTY ATTORNEY

37. Authority for County Attorney to Defend:

a. Countrywide Home Loans, Inc. etc. v. Patricia A. Mack, et al - Circuit Civil Case No. 00-4865-CI-15- Mortgage Foreclosure Involving Judgments for Attorney Fees and Costs and Judgmentsfor Fine and Costs.

b. Barry A. Symington v. Moss Funeral Home, Inc., et al - Circuit Civil Case No. 00-4645-CI-21- Mortgage Foreclosure Involving a Judgment for Attorney Fees and Costs and Judgments forFine and Costs.

c. The Leader Mortgage Co. v. Sharon Andersen, etc., et al - Circuit Civil Case No. 00-5155-CI-20 - Mortgage Foreclosure Involving a Judgment for Attorney Fees and Costs and Judgmentsfor Fine and Costs and a Welfare Lien.

d. Sun Coast Hospital, Inc. v. Pinellas County Board of County Commissioners B Circuit Civil No.00-1565-CO-41 - Action Involving an Allegation of Liability for Payment of Hospital andMedical Services.

38. Request for Authority to Initiate Litigation in a Small Claims Action Against Betty Ruth Martinez.

39. Adoption of a Resolution Regarding the Regulation of Expressive Activities in County-Owned andCounty-Leased Facilities.

40. Miscellaneous.

ECONOMIC DEVELOPMENT AUTHORITY

41. Approval of Lease Agreement with Japan-America Society of Florida at the STAR Center.

SCHEDULED PUBLIC HEARINGS

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The Procedure Used by the Board of County Commissioners in Conducting Public Hearings is to Have a Staff PresentationFollowed by the Applicant Presenting the Specific Proposal. The Board Will Then Hear Comments From the ProponentsFollowed by Comments From the Opponents and a Staff Summary. The Applicant Will Then be Given an Opportunity toClose and the Board of County Commissioners Will Decide on the Matter. Please Refer to the Back of Your Agenda Copyfor More Details on Guidelines for Time Limitations and Opportunities to Speak.

COUNTYWIDE PLANNING AUTHORITY

42. Streamlining Amendment to the Rules for the Countywide Plan.

SCHEDULED PUBLIC HEARINGS - BCC

43. Petition to Vacate Submitted by Louis Lanni and Kathleen Lanni for a Portion of a 10.0 Foot PlattedEasement on Lot 19, Block B, ENISWOOD Unit 1, Located in the Northwest 3 of Section 36, Township27 South, Range 15 East.

44. Planning and Zoning Applications Heard by the Examiner:

a. Z-2-7-00Application of Heinz J. Roeshink for a Change of Zoning from R-3, Single Family Residentialto M-1, Light Manufacturing and Industry on Approximately 0.55 Acre Located on the WestSide of Faxton Street Approximately 225 Feet South of Ulmerton Road.

b. Z-3-7-00Application of Salvador and Adele Greco, Salvador Greco, TRE through P.J. Shaw and OctavioCabrera for a Change of Zoning from A-E, Agricultural Estate Residential to RM-7.5,Residential, Multiple Family on Approximately 6.81 Acres Located on the East Side ofSummerdale Drive, 1,110 Feet North of S.R. 580.

c. LU-1-7-00Application of Pinellas County Planning Director through Brian Smith, Pinellas CountyPlanning Department for a Change of Land Use from Transportation/Utility to Institutional onApproximately 8.5 Acres on the East Side of 16th Street, 650 Feet North of PennsylvaniaAvenue (Street Address: 1550 16th Street).

45. Proposed Amendments to Chapter 138, Zoning Provisions and Chapter 166, Habitat Management andLandscaping Provisions of the Pinellas County Land Development Code.

46. Proposed Amendment to Chapter 134 of the Land Development Code to Adopt the Annual ConcurrencyTest Statement.

47. Proposed Amendment to the Interlocal Agreement for the Dunedin Planning Area.

48. Proposed Amendment to the Interlocal Agreement for the Oldsmar Planning Area.

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49. Proposed Annexation Procedure Ordinance.

50. Proposed Ordinance to Authorize the Charter Ballot Question on Establishing the Exclusive Method forMunicipal Annexation in Pinellas County.

51. Proposed Ordinance Approving a Cable Systems Franchise Agreement Which Grants a Cable SystemFranchise to Time Warner Entertainment/Advance Newhouse Partnership.

a. Proposed Settlement Agreement with Time Warner Entertainment/Advance NewhousePartnership.

b. Agreement to Allow a Change in Control of the Time Warner Entertainment/AdvanceNewhouse Franchise (TWEAN) to AOL Time Warner, Inc.

52. Proposed Amendments to the Cable Systems Enabling Ordinance.

D. COUNTY ADMINISTRATOR REPORTS

53. None.

E. COUNTY COMMISSION

54. Miscellaneous.

ADJOURNMENT

* * * *

NATIONAL ASSOCIATION OF COUNTIES ACHIEVEMENT AWARD PRESENTEDTO CHAIRMAN STEWART

Commissioner Todd presented Chairman Stewart with an achievement award

from the National Association of Counties (NACo) for the Friendship Trail Bridge Grand

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Opening; and related that the Pinellas Trail had been designated as a millennium trail, and

presented each of the members with a commemorative shirt.

CITIZENS TO BE HEARD

The following persons expressed concerns regarding street lighting, possible

electric shortages, and the proposed utility tax:

Dorothy Book, 9367 87th Avenue North, Seminole.Don Cocker, 9170 Robin Road, Palm Harbor.Roger Gambert, 1737 Pennsylvania Avenue, Palm Harbor.Betty Bootier, 11589 87th Avenue North, Seminole.

CONSENT AGENDA ITEMS NOS. 1 THROUGH 12 WITH THE EXCEPTION OF ITEMNO. 3.a.2 WHICH WAS WITHDRAWN FROM THE AGENDA - APPROVED

Upon presentation by Chairman Stewart, Commissioner Parks moved,

seconded by Commissioner Seel and carried, that the Consent Agenda, consisting of Items

Nos. 1 through 12 with the exception of Item No. 3.a.2 which was withdrawn, be approved

as follows:

# 1 APPROVAL OF MINUTES

Minutes of regular meeting of August 1, 2000.

# 2 REPORTS RECEIVED FOR FILING

a. Southwest Florida Water Management District FY 2001Standard Format Tentative Budget Submission and Unit CostExercise dated August 1, 2000, pursuant to Section 373.536,Florida Statutes.

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# 3 OTHER APPROVALS

a. General

(1) Authorization for an additional $300.00 (from $200.00to $500.00) in the petty cash fund in ManagementInformation Services.

(2) Withdrawn.

(3) Authorization for issuance of a check in the amount of$23,462.78 for Tax Deed Surplus Certificate No.6169, payable to Thomas F. Cox, Esquire, P.A., trustaccount for the Estate of Everett Lee Franks, 248 FirstAvenue North, St. Petersburg, Florida 33701.

b. Satisfactions of Judgements and Liens

(1) Satisfactions of various judgements for attorney feesand costs which have been paid in full.

# 4 MISCELLANEOUS ITEMS RECEIVED FOR FILING

a. City of Tarpon Springs Notices of Proposed Annexation, LandUse and Zoning re Ordinances Nos. 2000-29 and 2000-30;public hearings to be held August 21 and 29 and September 5and 19, 2000.

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b. Correspondence from City of Pinellas Park regardingOrdinances Nos. 2733 through 2737, voluntarily annexingcertain property; public hearings held August 8, 2000.

c. City of Clearwater Notice of Public Hearings to be heldAugust 15, 2000 regarding Community Development Boardand Annexation, Land Use Plan and Zoning AtlasAmendments regarding Ordinances Nos. 6588-00 through6593-00.

d. City of Clearwater Notice of City Commission public hearingto be held Thursday, August 17, 2000.

# 5 BUDGET AMENDMENTS

Copies of Budget Amendments Nos. 35 and 36 have been filed and made a

part of the record.

# 6 SUBDIVISION PLATS AND RELATED ITEMS

a. Walgreens @ Clearwater Largo

1. Release of Completion Bond No. LPM4122769 in theamount of $9,088.75 to FOG Partners Six Limited,1745 West Fletcher Avenue, Tampa, Fl 33612.

b. Robinwood Subdivision

1. Release of Maintenance Bond No. 163712 in theamount of $190,000.00 to Lansbrook Development,36330 U.S. Highway 19 North, Palm Harbor, Fl34684.

c. M-K Real Estate

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1. Release of Maintenance Bond in the amount of$3,980.00 to M-K Real Estate Investment Companyc/o LaPlante Agency, 2715 S.R. 580, Clearwater, Fl 33761, Attention: Mr. Adrian LaPlante.

d. Golfside Estates

1. Release of Maintenance Bond in the amount of$7,485.00 to Sunset Bay Developers, Inc., 650Starkey Road, Largo, Fl 33771.

e. Ed Sharp Warehouse

1. Release of Letter of Credit No. 0134 in the amount of$4,833.00 to Edward R. Sharp, 204 Harborview Lane,Largo, Fl 33770.

f. Crown Automotive @ 53rd Avenue

1. Letter of Credit No. 560766-07 accepted in theamount of $14,331.63.

g. Bradford Manor Subdivision

1. Letter of Credit No. 00-1 accepted in the amount of$71,885.00.

h. Publix @ Oakhurst Plaza

1. Completion Bond No. 929151745 accepted in theamount of $7,350.00.

i. Eckerd=s @ Belleair & Missouri

1. Release of funds in the amount of $8,660.52 to TheSembler Company, 5858 Central Avenue, St.

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Petersburg, Fl 33707.

j. T&B Excavating (00-0005)

1. Release of Completion Bond No. 42538721 in theamount of $5,000.00 to T&B Excavating, Inc., 121Meadowlark Lane, Clearwater, Fl 33759, Attention: Taylor G. Bingham, III.

# 7 RECEIPT OF PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF BRUCELANE FROM AVERY LANE TO ALDERMAN ROAD (PID NO. 922332)

Plans and specifications for the subject project were received for filing.

# 8 RELEASES OF SEWER, WATER AND/OR RECLAIMED WATER LIENS

Releases of liens for delinquent sewer, water and/or reclaimed water charges

which have been paid in full re properties identified on documents attached to the agenda

memorandum dated August 8, 2000, copies of which have been filed and made a part of the

record.

# 9 AWARD OF BIDS

a. Bid of Overstreet Paving Company for an annual estimatedexpenditure in the amount of $215,484.00 for asphaltconcrete, pickup, 2000/2001 (Cooperative Bid No. 990-0877-B, Pinellas County annual estimated expenditure not to exceed$90,000.00).

b. Bid of Loomis Fargo & Company for a 24-month estimated

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expenditure not to exceed $98,736.00 for security transportservices, 2000/2002, (Bid No. 990-0953-B); Chairmanauthorized to sign agreement after proper execution by thecontractor and written approval as to form by the Office of theCounty Attorney.

c. Bid of William Semple Company for a 24-month estimatedexpenditure not to exceed $400,000.00 for deceased transportservices (Bid No. 990-0800-P); Chairman authorized to signagreement after proper execution by the contractor andwritten approval as to form by the Office of the CountyAttorney.

#10 DECLARATION OF COUNTY-OWNED VEHICLES, HEAVY EQUIPMENT ANDRELATED PARTS AS SURPLUS WITH AUTHORIZATION FOR LIQUIDATION OFSAME AT PUBLIC AUCTION CONDUCTED BY TAMPA MACHINERY AUCTION,INC. AND FOR DISTRIBUTION OF PROCEEDS FROM SALE OF SURPLUSVEHICLES TO FLEET INTERNAL SERVICE FUND (BID NO. 967-0578-P)

County-owned vehicles, heavy equipment and related parts, as indicated in the

agenda memorandum dated August 15, 2000, are declared surplus, with authorization for

liquidation of same through public auction conducted by Tampa Machinery Auction, Inc.

under provisions of the existing contract approved by Board action with proceeds from sale

of surplus vehicles going to the Fleet Internal Service Fund.

#11 RELEASE OF LIEN (HOUSING)

a. Charles R. Wolfersberger and Geraldine V. Wolfersberger.

#12 SATISFACTION OF MORTGAGE (HOUSING)

a. Lamar Henderson and Dorothy Henderson.

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#13 ITEMS FOR DISCUSSION FROM CONSENT AGENDA (COUNTY ADMINISTRATORAND CLERK OF CIRCUIT COURT) - NONE

#14 INTERLOCAL AGREEMENT WITH CITY OF INDIAN ROCKS BEACH FOR GULFBOULEVARD PEDESTRIAN CROSSING IMPROVEMENTS - APPROVED FOREXECUTION

County Administrator Fred E. Marquis recommended approval of an

Interlocal Agreement with the City of Indian Rocks Beach for Gulf Boulevard pedestrian

crossing improvements.

Commissioner Harris moved, seconded by Commissioner Parks and carried,

that the recommendation of the County Administrator be approved.

#15 INTERLOCAL AGREEMENT WITH CITY OF ST. PETE BEACH FOR VARIOUSTRANSPORTATION IMPACT FEE IMPROVEMENTS - APPROVED FOREXECUTION


Interlocal Agreement with the City of St. Pete Beach for various transportation impact fee

improvements.

Commissioner Parks moved, seconded by Commissioner Seel and carried, that

the recommendation of the County Administrator be approved.

#16 AMENDMENT NO. 4 TO AGREEMENT WITH FLORIDA DESIGN CONSULTANTS,INC. FOR DANSVILLE REDEVELOPMENT AREA SITE PLANNING SERVICES -APPROVED FOR EXECUTION

County Administrator Fred E. Marquis recommended approval of Amendment

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No. 4 to the agreement with Florida Design Consultants, Inc. for Dansville Redevelopment

Area site planning services.



#17 CONSERVATION EASEMENT TO SOUTHWEST FLORIDA WATER MANAGEMENTDISTRICT (SWFWMD) FOR REGIONAL ENVIRONMENTAL MITIGATION SITE ATMcMULLEN BOOTH ROAD AND CURLEW ROAD - APPROVED FOR EXECUTION

County Administrator Fred E. Marquis recommended approval of a

Conservation Easement to the Southwest Florida Water Management District (SWFWMD)

for the regional environmental mitigation site at McMullen Booth Road and Curlew Road;

and further recommended that the easement be recorded in Pinellas County Official Records.

Commissioner Parks moved, seconded by Commissioner Todd and carried,

that the recommendations of the County Administrator be approved.

#18 AGREEMENT WITH MARY A. SMITH AND JERRY W. SMITH, FOR ACQUISITIONOF METES AND BOUNDS TRACT, PARCEL NO. 5 (PROPERTY ADDRESS: 1200 VIRGINIA AVENUE, PALM HARBOR) FOR C.R. 1 PROJECT FROM TAMPA ROADTO NEW YORK AVENUE (PID NO. 921912); APPROVED FOR EXECUTION WITHAUTHORIZATION FOR ISSUANCE OF NECESSARY CHECKS


agreement with Mary A. Smith and Jerry W. Smith for acquisition of a metes and bounds

tract, Parcel No. 5 (property address: 1200 Virginia Avenue, Palm Harbor) for the C.R. 1

project from Tampa Road to New York Avenue; with authorization for the issuance of a

check in the amount of $6,655.00 in payment thereof, together with a check payable to

Stewart Title of Clearwater in the amount of $395.00.



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#19 AGREEMENT WITH IVA MAE JONES, TRUSTEE, FOR ACQUISITION OF APORTION OF A METES AND BOUNDS TRACT, PARCEL NO. 071 (PROPERTYADDRESS: 795 C.R. 1, PALM HARBOR) FOR KEENE ROAD PHASE II PROJECTFROM CURLEW ROAD TO TAMPA ROAD (PID NO. 920466); APPROVED FOREXECUTION WITH AUTHORIZATION FOR ISSUANCE OF NECESSARY CHECKS


agreement with Iva Mae Jones, Trustee, for acquisition of a portion of a metes and bounds

tract, Parcel No. 071 (property address: 795 C.R. 1, Palm Harbor) for the Keene Road Phase

II project from Curlew Road to Tampa Road; with authorization for the issuance of a check

in the amount of $229,040.00 in payment thereof, together with a check payable to Stewart

Title of Clearwater in the amount of $1,005.00.



#20 ADDENDUM NO. 2 TO INTERLOCAL AGREEMENT WITH EVERETT S. RICE,SHERIFF OF PINELLAS COUNTY FOR LAW ENFORCEMENT SERVICES ATST. PETERSBURG-CLEARWATER INTERNATIONAL AIRPORT - APPROVED FOREXECUTION

County Administrator Fred E. Marquis recommended approval of Addendum

No. 2 to the Interlocal Agreement with Everett S. Rice as Sheriff of Pinellas County for law

enforcement services at the St. Petersburg-Clearwater International Airport.



#21 CHANGE ORDER NO. 1 TO CONTRACT WITH COASTAL DEWATERING, INC. FORWELLPOINT DEWATERING SYSTEM AT TOYTOWN SANITARY LANDFILL (BIDNO. 990-0244-C) - APPROVED FOR EXECUTION

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County Administrator Fred E. Marquis recommended approval of Change

Order No. 1 to the contract with Coastal Dewatering, Inc. for wellpoint dewatering system

at Toytown Sanitary Landfill, increasing the contract by $4,924.00 (new total contract,

$78,789.00).

Commissioner Seel moved, seconded by Commissioner Harris and carried,


#22 EXTENSION OF CONTRACT WITH STILES-KEM DIVISION/MET PROCORPORATION FOR CORROSION INHIBITOR (COOPERATIVE BID NO. 967-0423-B) - APPROVED

County Administrator Fred E. Marquis recommended approval of an up to

60-day extension of the contract with Stiles-Kem Division/Met Pro Corporation for corrosion

inhibitor for a total estimated expenditure for 60-day period not to exceed $60,000.00.

Commissioner Parks moved, seconded by Commissioner Harris and carried,


#23 RESOLUTION NO. 00-149 ADOPTED APPROVING THE PURCHASE OF 23 AWARDPLAQUES FOR EMPLOYEE RECOGNITION IN THE UTILITIES DEPARTMENT

County Administrator Fred E. Marquis recommended adoption of a resolution

approving the purchase of 23 award plaques for employee recognition in the Utilities

Department for a total cost in the amount of $634.85.

Commissioner Parks moved, seconded by Commissioner Harris, that

Resolution No. 00-149 be adopted as recommended. Upon roll call, the vote was:

Ayes: Stewart, Harris, Parks, Todd and Seel.

Nays: None.

Absent and not voting: None.

#24 FOURTH SUPPLEMENTAL ENGINEERING AGREEMENT WITH PARSONSENGINEERING SCIENCE, INC. FOR CONSULTING SERVICES FOR NORTH

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COUNTY/EAST LAKE SEWER SERVICE AREA MODIFICATIONS, PROJECT NO.653-699010-0786 - APPROVED FOR EXECUTION

County Administrator Fred E. Marquis recommended approval of a Fourth

Supplemental Engineering Agreement with Parsons Engineering Science, Inc. for consulting

services for North County/East Lake sewer service area modifications in the amount of

$101,200.00, for a revised total contract amount of $1,391,820.00.

Commissioner Todd moved, seconded by Commissioner Seel and carried, that

the recommendation of the County Administrator be approved.

#25 INTERLOCAL AGREEMENT WITH THE CITY OF MADEIRA BEACH FORCONSTRUCTION OF POTABLE WATER AND RECLAIMED WATER LINES INJOHN=S PASS VILLAGE - APPROVED FOR EXECUTION


Interlocal Agreement with the City of Madeira Beach for construction of potable water and

reclaimed water lines in John=s Pass Village in the amount of $121,232.00.



#26 CONTRACT WITH CHRISTIE AUTO WORKS FOR AUTOMOTIVE PAINT, BODY,AND FRAME REPAIR (BID NO. 967-0715-B) - CANCELED; DEBARMENT OF SAIDFIRM FROM BIDDING ON COUNTY PROJECTS FOR A ONE-YEAR PERIOD -APPROVED; CONTRACT WITH ADDITIONAL VENDORS, CUSTOM COLLISION &PAINT AND HAROLD=S AUTO BODY SHOP - CANCELED

County Administrator Fred E. Marquis recommended that the contract with

Christie Auto Works for automotive paint, body, and frame repair services be canceled for

cause on the basis of unsatisfactory service and performance; that the entire contract with the

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additional vendors, Custom Collision & Paint and Harold=s Auto Body Shop be canceled to

permit formulation of a new bid, as permitted under special conditions paragraph 5 of the

contract; and that Christie Auto Works be debarred from bidding on County projects for a

period of one year.

Commissioner Todd moved, seconded by Commissioner Parks and carried,


#27 CHANGE ORDER NO. 2 TO CONTRACT NO. 989-0816-C WITH LINCOLNCONSTRUCTION, INC. FOR SOCIAL SERVICES BUILDING, SECOND FLOORREMODELING AND HVAC IMPROVEMENTS - APPROVED FOR EXECUTION


Order No. 2 to Contract No. 989-0816-C with Lincoln Construction, Inc. for the Social

Services Building, Second Floor Remodeling and HVAC Improvements Project, increasing

the contract by $10,781.00 (new total contract, $469,406.00); and granting a time extension

of 47 consecutive calendar days.

Commissioner Harris moved, seconded by Commissioner Seel and carried,


#28 NONCOMPETITIVE PURCHASE OF COMBINED CELL PHONE, RADIO, PAGERUNIT AND SERVICES FROM NEXTEL COMMUNICATION, INC. (BID NO. 990-0990-N) - APPROVED; CHAIRMAN AUTHORIZED TO SIGN AGREEMENT AFTERPROPER EXECUTION BY CONTRACTOR AND WRITTEN APPROVAL AS TO FORMBY OFFICE OF COUNTY ATTORNEY

County Administrator Fred E. Marquis recommended approval of the

noncompetitive purchase of combined cell phone, radio, pager unit and services from Nextel

Communication, Inc. for an estimated annual expenditure not to exceed $70,000.00; and

further recommended that the Chairman be authorized to sign the agreement after proper

execution by the contractor and written approval as to form by the Office of the County

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Attorney.

Responding to query by Commissioner Seel, Mr. Marquis indicated that there

would not be an increase in the current monthly billing costs; and that 35 units will be

purchased at a cost of $2,000.00 each.

Commissioner Parks moved, seconded by Commissioner Seel and carried, that

the recommendations of the County Administrator be approved.

#29a AUTHORIZATION GRANTED TO INCREASE MASTER PURCHASE ORDER WITHSCOTT PAINT CORPORATION FOR ANNUAL REQUIREMENTS OF PAINT ANDSUPPLIES 99/00 (BID NO. 990-0135-B) THROUGH PINELLAS COUNTY SCHOOLBOARD COOPERATIVE BID NO. 00-630-525-RN

County Administrator Fred E. Marquis recommended that authorization be

granted to increase the Master Purchase Order with Scott Paint Corporation in the amount

of $20,000.00 for annual requirements of paint and supplies, 99/00, for a total estimated

Master Purchase Order amount not to exceed $80,000.00.



#29b AUTHORIZATION GRANTED TO INCREASE MASTER PURCHASE ORDER WITHGRAINGER, INC. FOR ANNUAL REQUIREMENTS OF CATALOG ITEMS (MOSTITEMS) PER FLORIDA STATE NEGOTIATED AGREEMENT PRICE SCHEDULE(SNAPS) (BID NO. 989-0588-S)


granted to increase the Master Purchase Order (MPO) with Grainger, Inc. in the amount of

$60,000.00 for annual requirements of most catalog items for a total estimated MPO contract

amount not to exceed $250,000.00 per Florida State Negotiated Price Schedule (SNAPS).


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#29c AUTHORIZATION GRANTED TO INCREASE MASTER PURCHASE ORDERS WITH HUGHES WHOLESALE NURSERIES, INC., WEBBS NURSERY, THE NATIVES,MORELLI LANDSCAPING INC., MARIAN GARDENS, HARRELL=S NURSERY, INC.,HARD SCRABBLE FARMS, GREENBRIAR NURSERIES, CONCEPTS IN GREENERYINC. FOR ANNUAL REQUIREMENTS OF PLANT MATERIALS (BID NO. 989-0330-B)


granted to increase the Master Purchase Orders (MPO) with the following companies in the

amounts indicated for annual requirements of plant materials:

MPO Increase Estimated MPO Increase Not to Exceed

Hughes Wholesale Nurseries Inc. $14,000.00 $20,000.00Webbs Nursery 14,000.00 16,000.00Morelli Landscaping 6,000.00 8,000.00Marian Gardens 3,000.00 4,000.00Harrell=s Nursery, Inc. 4,000.00 9,000.00Hard Scrabble Farms 10,000.00 20,000.00Greenbriar Nurseries 4,000.00 6,000.00Concepts in Greenery 2,000.00 4,000.00The Natives 10,000.00 20,000.00



#30 AUTHORIZATION GRANTED TO PURCHASE WIDE AREA NETWORK (WAN) LANUPGRADE FROM GTE FLORIDA, INC. PER FLORIDA STATE CONTRACT NO. 250-040-99-1 (BID NO. 990-0940-S)


granted to purchase Cisco routers, interface, servers, and Hubs compatible equipment from

August 15, 2000

1294

GTE Florida, Inc. as the authorized reseller for Cisco Systems, Inc. and 3COM Corporation

for an estimated expenditure in the amount of $162,360.26 at pricing, terms and conditions

per Florida State Contract 250-040-99-1.



#31 AMENDMENT NO. 1 TO HOSPITAL SERVICES FOR INDIGENT AGREEMENT -APPROVED FOR EXECUTION

County Administrator Fred E. Marquis recommended approval of Amendment

No. 1 to the Hospital Services for Indigent Agreement.

Commissioner Harris moved, seconded by Commissioner Seel, that the

recommendation of the County Administrator be approved; whereupon, responding to query

by Commissioner Seel, Mr. Marquis indicated that the $1.2 million represents unspent funds

within the Social Services budget.

Upon call for the vote, the motion carried unanimously.

#32 GENERAL CONSTRUCTION CONTRACT NO. 990-0057-C WITH GULFSTATESINDUSTRIES, INC. FOR RE-ROOFING OF SHERIFF=S EVIDENCE STORAGE ANDCENTRAL DISTRIBUTION WAREHOUSES - ACCEPTED AS COMPLETE;AUTHORIZATION GRANTED FOR FINAL PAYMENT AND RELEASE OFRETAINAGE MONIES

County Administrator Fred E. Marquis recommended that General

Construction Contract No. 990-0057-C with Gulfstates Industries, Inc. for re-roofing of the

Sheriff=s evidence storage and central distribution warehouses be accepted as complete; and

that the Board authorize final payment and release the retainage monies to the aforesaid firm.



August 15, 2000

1295

#33 CHANGE ORDER NO. 1 TO CONSTRUCTION MANAGEMENT AGREEMENT WITHLINCOLN CONSTRUCTION, INC. FOR CLEARWATER COURTHOUSE FIFTHFLOOR RENOVATIONS - APPROVED FOR EXECUTION


Order No. 1 to the agreement with Lincoln Construction, Inc. for the Clearwater Courthouse

fifth floor renovations, increasing the guaranteed maximum price (GMP) to a not-to-exceed

amount of $653,114.00 and the construction management (CM) fee to $57,387.00.



#34 RESOLUTION NO. 00-150 ADOPTED REALLOCATING RESERVES FOR FUTUREYEARS - FLEET MANAGEMENT FUND

County Administrator Fred E. Marquis recommended adoption of a resolution

reallocating previously appropriated funds from reserves for future years in the FY00 Fleet

Management Fund.


that Resolution No. 00-150 be adopted as recommended by the County Administrator. Upon

roll call, the vote was:


Nays: None.


August 15, 2000

1296

#35 AUTHORIZATION GRANTED FOR PARK DEPARTMENT TO ISSUE EMERGENCYPURCHASE ORDERS FOR TREE REMOVAL

County Administrator Fred E. Marquis recommended that the Board grant

authorization to the Park Department for the issuance of emergency purchase orders not to

exceed $200,000.00 for the removal of unsafe trees.



#36 VOUCHERS APPROVED FOR PERIOD AUGUST 7, 2000 THROUGH AUGUST 11,2000

Chief Deputy Clerk C. R. Short recommended approval of vouchers for the

period of August 7, 2000 through August 11, 2000 as follows:

Imprest Fund ExpendituresManual checks numbered 519889 through 519907System checks numbered 538344 through 539300


that the recommendation of the Chief Deputy Clerk be approved.

#37a COUNTY ATTORNEY AUTHORIZED TO DEFEND COUNTY=S INTEREST RECOUNTRYWIDE HOME LOANS, INC. ETC. VERSUS PATRICIA A. MACK, ET AL,CIRCUIT CIVIL CASE NO. 00-4865-CI-15 - MORTGAGE FORECLOSUREINVOLVING JUDGMENTS FOR ATTORNEY FEES AND COSTS AND FINE ANDCOSTS

Pursuant to the request of County Attorney Susan H. Churuti, Commissioner

August 15, 2000

1297

Harris moved, seconded by Commissioner Parks and carried, that the County Attorney be

authorized to defend the County=s interest in the suit re Countrywide Home Loans, Inc. etc.

versus Patricia A. Mack, et al, Circuit Civil Case No. 00-4865-CI-15 - Mortgage Foreclosure

Involving Judgments for Attorney Fees and Costs and Fine and Costs.

#37b COUNTY ATTORNEY AUTHORIZED TO DEFEND COUNTY=S INTEREST REBARRY A. SYMINGTON VERSUS MOSS FUNERAL HOME, INC., ET AL, CIRCUITCIVIL CASE NO. 00-4645-CI-21 - MORTGAGE FORECLOSURE INVOLVINGJUDGMENTS FOR ATTORNEY FEES AND COSTS AND FINE AND COSTS



authorized to defend the County=s interest in the suit re Barry A. Symington versus Moss

Funeral Home, Inc., et al, Circuit Civil Case No. 00-4645-CI-21 - Mortgage Foreclosure

Involving Judgments for Attorney Fees and Costs and Fine and Costs.

#37c COUNTY ATTORNEY AUTHORIZED TO DEFEND COUNTY=S INTEREST RE THELEADER MORTGAGE CO. VERSUS SHARON ANDERSEN, ETC., ET AL, CIRCUITCIVIL CASE NO. 00-5155-CI-20 - MORTGAGE FORECLOSURE INVOLVINGJUDGMENTS FOR ATTORNEY FEES AND COSTS AND FINE AND COSTS AND AWELFARE LIEN



authorized to defend the County=s interest in the suit re The Leader Mortgage Co. versus

Sharon Andersen, etc., et al, Circuit Civil Case No. 00-5155-CI-20 - Mortgage Foreclosure

Involving Judgments for Attorney Fees and Costs and Fine and Costs and a Welfare Lien.

August 15, 2000

1298

#37d COUNTY ATTORNEY AUTHORIZED TO DEFEND COUNTY=S INTEREST RE SUNCOAST HOSPITAL, INC. VERSUS PINELLAS COUNTY BOARD OF COUNTYCOMMISSIONERS, CASE NO. 00-1565-CO-41 - ACTION INVOLVING ANALLEGATION OF LIABILITY FOR PAYMENT OF HOSPITAL AND MEDICALSERVICES



authorized to defend the County=s interest in the suit re Sun Coast Hospital, Inc. versus

Pinellas County Board of County Commissioners, Case No. 00-1565-CO-41 - Action

Involving an Allegation of Liability for Payment of Hospital and Medical Services.

#38 COUNTY ATTORNEY AUTHORIZED TO INITIATE LITIGATION AGAINST BETTYRUTH MARTINEZ, CLAIM NO. 9956086 - SMALL CLAIMS ACTION


Harris moved, seconded by Commissioner Todd and carried, that the County Attorney be

authorized to initiate litigation against Betty Ruth Martinez, Claim No. 9956086 - Small

Claims Action.

#39 RESOLUTION NO. 00-151 ADOPTED REGARDING REGULATION OF EXPRESSIVEACTIVITIES IN COUNTY-OWNED AND COUNTY-LEASED FACILITIES

County Attorney Susan H. Churuti recommended adoption of a resolution

regarding the regulation of expressive activities in County-owned and County-leased facilities.

In response to queries by the members, Ms. Churuti advised that expressive

activities would include commercial speech, petition drives for constitutional questions, and

street rallies; that the Clearwater, St. Petersburg and 49th Street courthouse complexes have

August 15, 2000

1299

been designated as appropriate sites; that the use of surrounding sidewalks would be allowed

as long as access is not blocked; that the County Administrator or his designee would specify

the area to be used; that the First Amendment allows regulation of time, place and manner of

expressive activities; and that if the resolution is passed now when no activities are pending,

it would be perceived as content neutral.

Director of General Services Carl M. Barron appeared and responding to

queries by the members, indicated that local law enforcement would be asked to assist should

people refuse to use the designated areas; and that the Real Estate Management Division

would handle permits for temporary structures.

Following discussion, Commissioner Parks moved, seconded by

Commissioner Todd, that Resolution No. 00-151 be adopted as recommended by the County

Attorney. Upon roll call, the vote was:


Nays: None.


#40 COUNTY ATTORNEY MISCELLANEOUS - NONE

County Attorney Susan H. Churuti indicated that there are no miscellaneous

matters to be presented this date.

#41 LEASE AGREEMENT BETWEEN PINELLAS COUNTY ECONOMIC DEVELOPMENTAUTHORITY AND JAPAN-AMERICA SOCIETY OF FLORIDA AT STAR CENTER -APPROVED FOR EXECUTION

Noting for the record that the Board is now sitting as the Industrial

Development Authority doing business as the Economic Development Authority, County

Administrator Fred E. Marquis recommended approval of a lease agreement with the Japan-

America Society of Florida at the STAR Center.

August 15, 2000

1300



#42 ORDINANCE NO. 00-60 ADOPTED AMENDING THE RULES CONCERNING THEADMINISTRATION OF THE COUNTYWIDE FUTURE LAND USE PLAN CONCERNING STREAMLINING

Chairman Stewart noted for the record that the Board is now sitting as the

Countywide Planning Authority.

Pursuant to legal notice published in the July 1, 2000 issue of the Pinellas

edition of The Tampa Bay Tribune as evidenced by publisher=s affidavit filed with the Clerk,

public hearing was held on a proposed ordinance amending the Rules concerning the

administration of the Countywide Future Land Use Plan concerning streamlining, as set forth

in Exhibit I-A: Streamlining Rules Amendment attached to the agenda memorandum, a copy

of which has been filed and made a part of the record. Chief Deputy Clerk C. R. Short

reported that no correspondence has been received; and that the matter is properly before the

Authority to be heard.

County Administrator Fred E. Marquis stated that staff recommends approval

of the proposed ordinance.

Pinellas Planning Council Executive Director David P. Healey appeared and

reviewed the changes which had been made to the proposed ordinance as requested by the

Board at the first hearing.

In response to query by Commissioner Todd, Commissioner Harris indicated

that adoption of the ordinance would not interfere with the redevelopment study under way

by the Steering Committee which was appointed jointly by the Economic Development

Department and the Planning Council; whereupon, Commissioner Seel related that, among

other issues, the Steering Committee will examine how redevelopment will affect an area=s

transportation and water supply problems; and that the proposed ordinance might be useful

to the study.

August 15, 2000

1301

No one appeared in response to the Chairman=s request for persons wishing

to be heard.

Commissioner Harris moved, seconded by Commissioner Parks, that

Ordinance No. 00-60 be adopted as recommended by the County Administrator. Upon roll

call, the vote was:


Nays: None


#43 PETITION OF LOUIS LANNI AND KATHLEEN LANNI TO VACATE A PORTION OFA 10.0 FOOT PLATTED EASEMENT ON LOT 19, BLOCK B, ENISWOOD UNIT 1,LOCATED IN THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 27SOUTH, RANGE 15 EAST - GRANTED; RESOLUTION NO. 00-152 ADOPTED

Pursuant to legal notice published in the July 28, 2000 issue of the Tampa Bay

Review as evidenced by publisher=s affidavit filed with the Clerk, public hearing was held on

the petition of Louis Lanni and Kathleen Lanni to vacate a portion of a 10.0 foot platted

easement on Lot 19, Block B, Eniswood Unit 1, as recorded in Plat Book 79, Pages

69 and 70, located in the northwest quarter of Section 36, Township 27 South, Range 15

East.

Chief Deputy Clerk C. R. Short reported that letters of no objection have been

received from the following:

Pinellas County UtilitiesFlorida Power CorporationGTE of Florida, Inc.Homeowners AssociationGTE Media Ventures, Inc.Time Warner Communications

He indicated that all interested property owners have been notified as to the date of the public

August 15, 2000

1302

hearing; that no correspondence in objection to the petition has been received; and that the

matter is properly before the Board to be heard.

County Administrator Fred E. Marquis stated that staff recommends the

vacation be granted.

No one appeared in response to the Chairman=s call for persons wishing to be

heard.

Commissioner Parks moved, seconded by Commissioner Harris, that the

petition to vacate be granted; and that Resolution No. 00-152 be adopted. Upon roll call, the

vote was:


Nays: None


#44a APPLICATION OF HEINZ J. ROESHINK FOR CHANGE OF ZONING FROM R-3 TOM-1 (Z-2-7-00) - APPROVED; RESOLUTION NO. 00-153 ADOPTED

Pursuant to legal notice published in the August 4, 2000 issue of the

St. Petersburg Times as evidenced by publisher=s affidavit filed with the Clerk, public hearing

was held on the application of Heinz J. Roeshink for a change of zoning from R-3 to M-1, re

approximately 0.55 acre located on the west side of Faxton Street, approximately 225 feet

south of Ulmerton Road (Z-2-7-00). Chief Deputy Clerk C. R. Short reported that no

correspondence relative to the application has been received; and that the matter is properly

before the Board to be heard.

County Administrator Fred E. Marquis indicated that staff recommends

approval of the application.

The Local Planning Agency/Examiner Findings of Fact and Recommendation

August 15, 2000

1303

for approval of the change of zoning from R-3 to M-1 were filed and made a part of the

record.


heard.

Thereupon, Commissioner Parks moved, seconded by Commissioner Todd

and carried, that Resolution No. 00-153 be adopted approving zoning application Z-2-7-00.

Upon roll call, the vote was:


Nays: None.


#44b APPLICATION OF SALVADOR AND ADELE GRECO, SALVADOR GRECO, TRETHROUGH P. J. SHAW AND OCTAVIO CABRERA FOR A CHANGE OF ZONINGFROM A-E TO RM-7.5 (Z-3-7-00); RESOLUTION NO. 00-154 ADOPTED



was held on the application of Salvador and Adele Greco, Salvador Greco, TRE through P.

J. Shaw and Octavio Cabrera for a change of zoning from A-E to RM-7.5, re approximately

6.81 acres located on the east side of Summerdale Drive, 1,110 feet north of S.R. 580 (Z-3-7-

00). Chief Deputy Clerk C. R. Short reported that no correspondence relative to the

application has been received; and that the matter is properly before the Board to be heard.


of the application.


for approval of the change of zoning from A-E to RM-7.5 were filed and made a part of the

record.


heard.

Thereupon, Commissioner Parks moved, seconded by Commissioner Todd,

that Resolution No. 00-154 be adopted approving zoning application Z-3-7-00. Upon roll

August 15, 2000

1304

call, the vote was:


Nays: None.


#44c APPLICATION OF PINELLAS COUNTY PLANNING DIRECTOR THROUGH BRIANSMITH, PINELLAS COUNTY PLANNING DEPARTMENT FOR CHANGE OF LANDUSE FROM TRANSPORTATION/UTILITY TO INSTITUTIONAL (LU-1-7-00) -APPROVED; ORDINANCE NO. 00-61 ADOPTED WITH STIPULATIONS



was held on the application of the Pinellas County Planning Director through Brian Smith,

Pinellas County Planning Department, for a change in land use designation from

transportation/utility to institutional re approximately 8.5 acres on the east side of

16th Street, 650 feet north of Pennsylvania Avenue (street address: 1550 16th Street)

(LU-1-7-00). Chief Deputy Clerk C. R. Short reported that no correspondence relative to

the application has been received; and that the matter is properly before the Board to be

heard.


of the application.


for approval of the requested land use designation from transportation/utility to institutional

were filed and made a part of the record.

Director of Development Review Services Paul Cassel displayed an aerial

photograph and described the subject property and the surrounding areas; and indicated that

August 15, 2000

1305

the Board of Adjustment had reviewed the YMCA site plan and approved the application with

the condition that buffers be established to protect the adjacent properties; and that the

proposed land use category allows less intensive use than the existing category.

In response to the Chairman=s call for persons wishing to be heard, the

following individuals appeared and expressed their concerns:

Phil Lemons, 515 Sandy Hook Road, Palm HarborJoe Parsi, 595 Sandy Hook Road, Palm HarborRoger Gambert, 1737 Pennsylvania Avenue, Palm Harbor

In response to the concerns of the objectors and queries by the

members, Mr. Marquis indicated that traffic calming methods would be used in the area if

requested by the neighbors.

In response to request by the Chairman, Mr. Cassel described the methods

used to notify homeowners of proposed area property change; indicated whom to contact for

information re site plan; and gave the outside range of what the institutional zoning that is

currently on the property would allow.

Following discussion, Commissioner Harris moved, seconded by

Commissioner Parks, that Ordinance No. 00-61 be adopted approving land use application

LU-1-7-00 with the stipulations that traffic calming and neighborhood buffering be added and

the large trees be protected. Upon roll call, the vote was:


Nays: None.


#45 CONSIDERATION OF PROPOSED ORDINANCE AMENDING CHAPTER 138,ZONING PROVISIONS AND CHAPTER 166, HABITAT MANAGEMENT ANDLANDSCAPING PROVISIONS OF THE PINELLAS COUNTY LAND DEVELOPMENTCODE; SECOND HEARING TO BE HELD AUGUST 29, 2000

August 15, 2000

1306



was held on a proposed ordinance amending Chapter 138 of the zoning provisions and

Chapter 166 of the habitat management and landscaping provisions of the Pinellas County

Land Development Code. Chief Deputy Clerk C. R. Short reported that no correspondence

has been received; and that the matter is properly before the Board to be heard.



At the request of the Chairman, Director of Development Review Services

Paul Cassel appeared and reviewed the proposed amendments as outlined in the agenda

memorandum, which has been filed and made a part of the record.

In response to query by Commissioner Todd, Assistant County Administrator

Jacob F. Stowers appeared and confirmed that the environmental experts would continue to

make decisions affecting habitat management.

In response to Chairman Stewart=s call for persons wishing to be heard, the

following individuals appeared and voiced their concerns:

Harrison Noble, 10424 Longwood Drive, LargoDon Cocker, 9170 Robin Road, Palm HarborBob Klune, 130 Carlyle Court, Palm Harbor

Chairman Stewart noted that the second hearing will be held at the August

29, 2000 meeting.

* * * *

At this time, 8:05 P.M., Commissioner Seel left the meeting.

* * * *

August 15, 2000

1307

#46 ORDINANCE NO. 00-62 ADOPTED ESTABLISHING THE ANNUAL CONCURRENCYTEST STATEMENT BY AMENDING SECTION 134 OF THE PINELLAS COUNTYLAND DEVELOPMENT CODE



was held on a proposed ordinance providing that the annual concurrency test statement be

established by amending Section 134 of the Pinellas County Land Development Code. Chief

Deputy Clerk C. R. Short reported that no correspondence has been received; and that the

matter is properly before the Board to be heard.



No one appeared in response to Chairman Stewart=s call for persons wishing

to be heard.

Commissioner Parks moved, seconded by Commissioner Harris, that

Ordinance No. 00-62 be adopted as recommended. Upon roll call, the vote was:

Ayes: Stewart, Harris, Parks and Todd.

Nays: None.

Absent and not voting: Seel.

#47 FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PINELLASCOUNTY AND THE CITY OF DUNEDIN RE DUNEDIN PLANNING AREA -APPROVED FOR EXECUTION

Pursuant to legal notice published in the August 4, 2000 issue of the St.

Petersburg Times as evidenced by publisher=s affidavit filed with the Clerk, public hearing was

held on the proposed First Amendment to the Interlocal Agreement between Pinellas County

and the City of Dunedin re the Dunedin Planning Area. Chief Deputy Clerk C. R. Short

reported that no correspondence has been received; and that the matter is properly before the

Board to be heard.

August 15, 2000

1308


of the proposed amendment.


to be heard.



* * * *

At this time, 8:35 P.M., Commissioner Seel returned to the meeting.

* * * *

#48 FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PINELLASCOUNTY AND THE CITY OF OLDSMAR RE OLDSMAR PLANNING AREA -APPROVED FOR EXECUTION



was held on the proposed Amendment to the Interlocal Agreement between Pinellas County

and the City of Oldsmar re the Oldsmar Planning Area. Chief Deputy Clerk C. R.

Short reported that no correspondence has been received; and that the matter is properly

before the Board to be heard.


of the proposed amendment.


to be heard.



August 15, 2000

1309

#49 ORDINANCE NO. 00-63 ADOPTED AS AMENDED ESTABLISHING VOLUNTARY ANNEXATION PROCEDURES

Pursuant to legal notice published in the July 28, 2000 issue of the St.


held on a proposed ordinance establishing voluntary annexation procedures. Chief Deputy

Clerk C. R. Short reported that no correspondence has been received; and that the matter is

properly before the Board to be heard.


proposed ordinance.

Pinellas Planning Council (PPC) Executive Director David P. Healey appeared

and distributed a report entitled Proposed Countywide Annexation Process, a copy of which

has been filed and made a part of the record; whereupon, he offered an overview of the

proposed ordinance.

In response to the Chairman=s call for proponents or citizens undecided on the

issue, the following individuals appeared and offered their comments:

Walt Blenner, President of Palm Harbor Chamber of CommerceCindy Hardin, Assistant Planning Director, City of ClearwaterRobert Kersteen, Chairman, Pinellas Planning CouncilHarrison Noble, 10424 Longwood Drive, Largo

In response to the Chairman=s call for opponents, the following individuals

appeared and expressed their concerns:

Don Cocker, 9170 Robin Road, SeminoleYvette Kelso, 8729 95th Avenue North, LargoFrancois Bootier, Unincorporated areaDorothy Book, Unincorporated area

Alluding to the concerns of the speakers, Mr. Healey indicated that upon

recommendation by the PPC, it would be the responsibility of the Board sitting as the

August 15, 2000

1310

Countywide Planning Authority (CPA) to approve any amendment to the map.

Responding to queries by the members, Senior Assistant County Attorney

Jewel White Cole discussed the language of the ordinance.

Following discussion, Chairman Stewart recommended that members vote

item by item on the four areas of concern outlined in the agenda memorandum.

Thereupon, Commissioner Harris moved, seconded by Commissioner Seel,

that the language in Item D be amended regarding the petition of affected parties. Upon call

for the vote, the motion carried unanimously.

Thereupon, Commissioner Seel moved, seconded by Commissioner Harris,

that the language in Item C be amended to read "any deviation by the CPA from the Counsel=s

recommendation shall be by at least four." Upon call for the vote, the motion carried

unanimously.

Following recommendation by Mr. Marquis, Commissioner Parks moved,

seconded by Commissioner Seel, that the language in Item A be accepted as is currently

written. Upon call for the vote, the motion carried 4 to 1, with Commissioner Todd casting

the dissenting vote.

Following discussion and a review by Mr. Healey, Commissioner Harris

moved, seconded by Commissioner Seel, that the language in Item B read "so long as a

proposed amendment of Exhibit 1 is consistent with the criteria in Subsection 5, no such

amendment which results from a voluntary annexation, but is otherwise eligible for

annexation, shall be unreasonably denied without just cause." Upon call for the vote, the

motion carried unanimously.

Thereupon, Commissioner Todd moved, seconded by Mr. Harris, that the

definition of "contiguity," located in Chapter 1, 71.031, Subset 11B, be added to the

ordinance language. Upon call for the vote, the motion carried unanimously.

Upon Chairman Stewart=s call for discussion of the overall ordinance as

rewritten, Commissioner Todd moved that Section 11, No. 1 be amended to include the

phrase "...or where annexation is not desirable on the part of the property owner or

municipality. Where local government has committed or otherwise become obligated by

agreement, interlocal agreement, contract, custom or practice to provide any urban service

August 15, 2000

1311

to a designated area, it must treat all customers or potential customers equitably in all aspects

of providing such service, without regard to their municipal or unincorporated status, except

to the extent that rate differentials are authorized by general law." Following discussion, the

motion died for lack of a second.

Thereupon, Commissioner Parks moved, seconded by Commissioner Seel,

that the language proposed by the PPC, "annexation is not desirable on the part of the

property owner and the municipality" be added to the last sentence under Number 1 of

Section 11. Upon call for the vote, the motion carried 4 to 1, with Commissioner Todd

casting the dissenting vote.

Commissioner Harris moved, seconded by Commissioner Seel, that Ordinance

No. 00-63 be adopted as amended. Upon roll call, the vote was:

Ayes: Stewart, Harris, Parks and Seel.

Nays: Todd.


#50 PROPOSED ORDINANCE TO AUTHORIZE THE CHARTER BALLOT QUESTION ONESTABLISHING THE EXCLUSIVE METHOD FOR MUNICIPAL ANNEXATION INPINELLAS COUNTY - TEMPORARILY DEFERRED

Pursuant to legal notice published in the July 28, 2000 issue of the St.


held on a proposed ordinance to authorize the charter ballot question on establishing the

exclusive method for municipal annexation in Pinellas County. Chief Deputy Clerk C. R.

Short reported that no correspondence has been received; and that the matter is properly

before the Authority to be heard.


proposed ordinance; whereupon, County Attorney Susan H. Churuti advised that charter

amendments require four votes for passage.

Senior Assistant County Attorney David S. Sadowsky appeared and related

August 15, 2000

1312

that the ordinance is a companion to the ordinance approved under agenda item No. 49; that

it establishes the exclusive method to administer annexation in the County by ordinance and

delineates geographical areas eligible for annexation; and that staff has modified the language

of the Pinellas Planning Council ordinance in order to conform to the state election code; and

pursuant to the Chairman=s request, Mr. Sadowsky read the language of the ordinance into

the record.


heard.

Commissioner Harris moved, seconded by Commissioner Parks, that the

proposed ordinance be adopted; whereupon Commissioner Seel pointed out that the language

failed to specify that the ordinance refers to "voluntary" annexations.

Following discussion, Ms. Churuti suggested that the public hearing be

temporarily deferred to allow staff to review the ordinance; whereupon, Commissioner Parks

moved, seconded by Commissioner Harris and carried, that the matter be temporarily

deferred.

#51 ORDINANCE NO. 00-64 ADOPTED AS AMENDED APPROVING A CABLE SYSTEMFRANCHISE AGREEMENT WHICH GRANTS A CABLE SYSTEM FRANCHISE TOTIME WARNER ADVANCE NEWHOUSE PARTNERSHIP



was held on a proposed ordinance approving a cable system franchise agreement which grants

a cable system franchise to Time Warner Advance Newhouse Partnership. Chief Deputy

Clerk C. R. Short reported that no correspondence has been received; and that the matter is

properly before the Board to be heard.

County Administrator Fred E. Marquis recommended that the Board approve

the proposed ordinance.

August 15, 2000

1313

Chief Assistant County Attorney James L. Bennett appeared and presented a

letter received from Time Warner documenting its proposed public access commitment during

the transition period and a map reflecting the company=s presence in the County; and outlined

minor changes in the Agreement.

In response to the Chairman=s call for persons wishing to be heard, the

following persons appeared and expressed their concerns:

Ernie Brock, Board of Directors, PCTV, Inc.Marilyn Westrop, LargoConnie Mudano, 504 Poinsettia, BelleairRoger GambertSharon Simonette, LargoAt the request of Commissioner Todd, Tim Johnson, Johnson, Blakely, Pope,

Bokor, Ruppel and Burns, P. A. appeared and indicated that to his knowledge, cities would

not receive monies for public access.

Following discussion, Commissioner Parks moved, seconded by

Commissioner Seel, that Ordinance No. 00-64 be adopted as amended. Upon roll call, the

vote was:


Nays: None.


#51a SETTLEMENT AGREEMENT WITH TIME WARNER ENTERTAINMENT -ADVANCE/NEWHOUSE PARTNERSHIP (TWEAN) - APPROVED

County Administrator Fred E. Marquis recommended approval of a

Settlement Agreement with Time Warner Entertainment - Advance/Newhouse Partnership

(TWEAN).



#51b CHANGE OF CONTROL AGREEMENT WITH TIME WARNER ENTERTAINMENT-

August 15, 2000

1314

ADVANCE/NEWHOUSE PARTNERSHIP (TWEAN) - APPROVED

County Administrator Fred E. Marquis recommended approval of a Change

of Control Agreement with Time Warner Entertainment Advance/Newhouse Partnership

(TWEAN) which approves the proposed Time Warner/AOL merger.

Chief Assistant County Attorney James L. Bennett appeared and

recommended that two minor changes be made to the Agreement.



#52 ORDINANCE NO. 00-65 ADOPTED AS AMENDED AMENDING CHAPTER 30 OFTHE PINELLAS COUNTY CODE; PROVIDING FOR AMENDMENTS TO THEDEFINITIONS OF CABLE SERVICE, GROSS REVENUES FROM CABLE SERVICE,AND PUBLIC, EDUCATIONAL OR GOVERNMENTAL ACCESS FACILITIES;AMENDING THE FEE PROVISIONS OF THE ORDINANCE; LIMITING THEALTERNATE FRANCHISE FEE PROVISIONS; MODIFYING THE REVIEW OFDECISIONS PROVISIONS; AMENDING THE RIGHT TO AMEND PROVISIONS;MODIFYING THE RIGHT TO RENEGOTIATE PROVISIONS



was held on a proposed ordinance amending Chapter 30 of the Pinellas County Code;

providing for amendments to the definitions of cable service, gross revenues from cable

service, and public educational or governmental access facilities; amending the fee provisions

of the ordinance; limiting the alternate franchise fee provisions; modifying the review of

decisions provisions; amending the right to amend provisions; and modifying the right to

renegotiate provisions. Chief Deputy Clerk C. R. Short reported that no correspondence has

been received; and that the matter is properly before the Board to be heard.


proposed ordinance.

Chief Assistant County Attorney James L. Bennett distributed an amendment

to the ordinance; and indicated that the changes have been reviewed by GTE and Time

August 15, 2000

1315

Warner.


heard.

Following discussion, Commissioner Harris moved, seconded by

Commissioner Parks, that Ordinance No. 00-65 be adopted as amended. Upon roll call, the

vote was:


Nays: None.


#53 COUNTY ADMINISTRATOR REPORTS - NONE

County Administrator Fred E. Marquis indicated that there are no County

Administrator reports to be presented this date.

#54a COMMISSIONER PARKS REPORTS ON WORKFORCE FLORIDA, INC.

Commissioner Parks reported that with its regional board composition,

Workforce Florida, Inc., Pinellas County had been approved; and announced that she has been

appointed to the Executive Committee.

#54b CHAIRMAN STEWART REPORTS ON PINELLAS WORKFORCE BOARD

Chairman Stewart reported that the Pinellas Workforce Board had met the

State requirements. He announced the new slate of officers and summarized the upcoming

issues.

* * * *

Upon direction of the Chairman, there being no objection, the meeting was

adjourned at 11:38 P.M.

August 15, 2000

1316

___________________________________Chairman

ATTEST: KARLEEN F. DeBLAKER, CLERK

By_____________________________________Deputy Clerk

Documents

Clearwater, Florida, August 15, 2000 The Board of … Florida, August 15, 2000 The Board of County Commissioners in and for the ... Approval to Execute Interlocal Agreement B Various