board of county commissioners meeting tuesday, january · pdf fileboard of county...

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BOARD OF COUNTY COMMISSIONERS MEETING TUESDAY, JANUARY 24, 2012 – 2:01 P.M.

ASSEMBLY ROOM, FIFTH FLOOR 315 COURT STREET, CLEARWATER, FLORIDA

Members Present: John Morroni, Chairman; Kenneth T. Welch, Vice-Chairman; Nancy

Bostock; Neil Brickfield; Norm Roche; Karen Williams Seel; and Susan Latvala.

Others Present: James L. Bennett, County Attorney; Robert S. LaSala, County

Administrator; Claretha N. Harris, Chief Deputy Clerk; and Michael P. Schmidt and Arlene L. Smitke, Deputy Clerks.

INVOCATION: Attorney Bennett. PLEDGE OF ALLEGIANCE: Commissioner Welch. PRESENTATIONS AND AWARDS: Pinellas Alternatives Analysis Update Scott Pringle and Cassandra Borchers, Jacobs Engineering, conducted a PowerPoint presentation titled Pinellas Alternatives Analysis, a copy of which has been filed and made a part of the record, and presented general, financial, and statistical information regarding the study. Mr. Pringle indicated that the purpose of the Alternatives Analysis (AA) project is to identify transit options that would improve Pinellas County’s and the region’s quality of life; and that the study involves the implementation of fixed-guideway transit service connecting residential, employment, and other major activity centers within Pinellas County and to employment centers in Hillsborough County. Mr. Pringle cited the 2035 Pinellas County Long-Range Transportation Plan of the Metropolitan Planning Organization, and indicated that the population in Pinellas County is expected to increase by 100,000 people over the next 23 years; whereupon, Commissioner Morroni remarked that those projections may have been accurate during better economic times, but that such growth is not presently taking place in the county. Responding to queries by Commissioner Roche regarding how the 71-percent figure of support for rail was reached, Mr. Pringle provided information regarding Pinellas County residents who had expressed interest in the AA study and who had recently attended workshops regarding the project. He indicated that local citizens were asked to complete a questionnaire and choose which transit investment they thought would be best for Pinellas County; and that rail received a

January 24, 2012

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participant response of 71 percent; whereupon, he provided additional information relating to county population growth going forward until 2035, stating that there would be little difference whether the forecast began in 2006 or 2010. Commissioner Seel emphasized that the plan would need to be vetted with debates and discussions taking place in public forums; that conversations should include a comprehensive approach to transit going beyond merely buses and light rail; and that utilizing a project advisory committee within the Metropolitan Planning Organization would be a way to facilitate further public discussions; whereupon, she presented information regarding the substantial, ongoing financial investment in U.S. Highway 19. In response to queries by Commissioner Brickfield, Mr. Pringle related that the population of Pinellas County has declined since 2006; whereupon, he presented information regarding the economic development benefits projected for transit, including:

• Create 67,000 Jobs Over 30 Years • $4.2 Billion into Pinellas County Economy (GDP) • Return of $2.50 on Every $1.00 Spent (GDP) • Attract New Businesses, Increase in Property Values

Mr. Pringle defined the term “job years” with regard to the jobs expected to be created over the next 30 years. He discussed how return on investment information is calculated, indicating that a Regional Economic Model is used and is based on a series of different trend analyses within Pinellas County and, with input by Ms. Borchers, discussed further benefits the county would be expected to realize, including the attraction of new businesses, an increase in property taxes received, and the creation of jobs within the county. Mr. Pringle responded to Commissioner Brickfield’s concerns regarding the market, and indicated that the market would dictate where light rail stations would be located; and that those stations would be put into service over time. During further discussion, Ms. Borchers, with input by Mr. Pringle, presented information regarding train versus highway capacity, person trips, car pooling, transit service flexibility, average vehicle occupancy, high vehicle occupancy (HOV), and Florida Department of Transportation (FDOT) standards; whereupon, Commissioner Brickfield indicated that while light rail capacity can be increased by adding rail cars, highway capacity can be increased, not only by adding lanes, but by other methods such as HOV lanes, larger vehicles, and double-decker buses; and that when making statistical comparisons between light rail capacity and highway capacity, a valid comparison should be made with similar information included on both sides of the equation, and Commissioner Bostock agreed.

January 24, 2012

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Commissioner Welch indicated that the presentation was informative and easy to understand, and discussed the Pinellas Suncoast Transit Authority (PSTA), relating that although the bus system has recently experienced peak ridership, it lags behind all other metro areas, does not transport riders quickly enough to where they want to go, and is underfunded. He pointed out that the County has been spending down reserves and using capital money for operations during the past couple of years to keep the system operating; that to get the bus system up to where it needs to be, a great deal of investment needs to take place; and that the financial information provided does not reflect the potential elimination of the PSTA property tax; whereupon, he related that he looks forward to conversations with the community regarding the Alternatives Analysis. Commissioner Latvala indicated that the presentation was valuable; that it answered many questions and raised additional ones; that she, too, looks forward to future conversations with the community; and that improving PSTA will help to place a positive image in the public’s mind regarding public transportation. Commissioner Bostock expressed her concerns regarding the light rail tracks crossing multiple roadways and intersections and questioned the impact a light rail line would have on the Intelligent Transportation System (ITS), including issues relating to roadway capacity, potential road closures, signalized intersections, and the timing of traffic control devices. Mr. Pringle responded that while approximately 60 signalized intersections would be involved, the study is in its early phases and would ultimately address those topics of concern; whereupon, at the request of Commissioner Bostock, he agreed to provide statistical information regarding the aforementioned issues, and discussion ensued. In response to concerns and queries by Commissioner Roche, Commissioner Seel assured him that nothing relating to the Alternatives Analysis has been decided thus far; that the plan would have to be assessed through a National Environmental Policy Act (NEPA) study; and that the County Commission would make the final decision regarding whether to seek funding for the project. Commissioner Roche indicated that the project is an extremely expensive endeavor; and that in order to make sound decisions, the members need to have correct and current statistical and financial information; whereupon, he requested information regarding the impacts on businesses that would be located between light rail stations, citing the potential negative impact to those businesses.

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Chairman Morroni agreed that it is important to have correct and updated numbers; whereupon, Commissioner Seel related that she has been in contact with financial experts; and will request that they vet the facts and figures, and discussion ensued. CITIZENS TO BE HEARD Vice Admiral Patrick Carl Signorelli, Seminole, to honor Commissioner John Morroni. Lenore Faulkner, Madeira Beach, re Pinellas Schools – Education Excellence. Lou Gramby, Clearwater, re Freedom Trail Bridge. Kris Gionet, Gulfport, re Crest audit report. Bill Thomas, Clearwater, re Crest report. Daniel Swanson, Clearwater, re commuter rail system. Jay Alexander, Lealman, re job creation – submitted documentation re Civilian Conservation

Corps. Mark Klutho, Largo, re stupidity, waste. JoAn Totty, Palm Harbor, re Palm Harbor. Greg Pound, Largo, re families. CONSENT AGENDA ITEMS NOS. 1 THROUGH 12 – APPROVED, WITH THE EXCEPTION OF ITEMS NOS. 5 AND 9a, WHICH WERE CONSIDERED UNDER ITEM NO. 13.

Motion - Commissioner Welch Second - Commissioner Seel Vote - 7 – 0

# 1 Minutes of regular meeting of December 20, 2011 approved. # 2 Reports received for filing:

a. Division of Inspector General, Audit Services, Clerk of the Circuit Court, Audit of Utilities General Maintenance Division Internal Controls of Inventories and Supplies dated January 12, 2012.

b. Dock Fee Report for the month of December 2011. c. Quarterly Report of Routine Dock Permits issued from October 1, 2011 to

December 31, 2011. # 3 Vouchers and Bills Paid – None.

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# 4 Miscellaneous items received for filing:

a. City of Clearwater Public Hearing Notices of Annexation, Land Use Plan, Zoning Atlas, Community Development Code, and Comprehensive Plan amendments regarding proposed Ordinances Nos. 8303-12 through 8306-12, and 8311-12 and 8312-12 and two Development Agreements; public hearings held January 12, 2012 and to be held February 2 and March 1, 2012.

b. Florida Public Service Commission Order No. PSC-11-0588-PCO-EI issued December 21, 2011, suspending underground residential distribution tariffs requested by Progress Energy Florida, Inc.

# 5 See Item No. 13. # 6 Resolution No. 12-5 adopted approving the County Incentive Grant Program (CIGP)

Agreement with the Florida Department of Transportation (FDOT) for the design of the Advanced Traffic Management System (ATMS) and Intelligent Transportation System (ITS) on State Road 693/66th Street from U.S. Highway 19 to Gulf Boulevard (FDOT Financial Project No. 424011 1 38 01; PID No. 2295). Total estimated design cost, $450,000.00; grant amount, $225,000.00; County funding, $225,000.00 (Local Option Gas Tax). Chairman authorized to execute the agreement and the Clerk to attest.

# 7 Fiscal Year 2011 Board Budget Amendment No. 14 was filed and made a part of the

record (various funds). # 8 Resolution No. 12-6 adopted appropriating earmarked receipts for a particular purpose in

the Fiscal Year 2012 General Fund Budget for grant funding from the Florida Department of Highway Safety and Motor Vehicles Specialty Plates to the Parks and Conservation Resources (PCR) Department ($82,540.00).

# 9 Receipt and file of quarterly reports:

a. See Item No. 13. b. Quarterly Report on the Law Enforcement Trust Fund – Payments to the Sheriff for

the period October 1, 2011 through December 31, 2011 was filed and made a part of the record.

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#10a DELEGATED ITEMS APPROVED BY THE COUNTY ADMINISTRATOR – RECEIVED FOR FILING (COUNTY ADMINISTRATOR)

Department

Item

Dollar Value Date

Approved

Airport Letter of Understanding with Hillsborough County Aviation Authority for Joint Fire Training and Water Rescue Assistance

N/A 12.7.11

Community Development

Satisfaction of Mortgage with Margaret Algee, f/n/a Margaret Wigfall

Lien is paid in full 12.7.11


Satisfaction of Mortgage with Pearl Jones and Dorothy Gammage

Lien is paid in full 12.6.11


Satisfaction of Mortgages with: (a) Judith L. Harris, n/k/a Judith Moss (b) Dorothy Shur Release of Lien with Rita M. Spera, a/k/a Henryka R. Spera

Liens are paid in full

11.22.11


Satisfaction of Mortgages with: (a) Mary and Mario Gallego (b) Marjorie M. Sherman

Liens are paid in full

11.2.11

Convention and Visitors Bureau

First Amendment to the Agreement with Competitor Group, Inc. for 2012 Rock “n” Roll St. Pete Half Marathon to incorporate E-Verify system

N/A 12.20.11

Department of Environment and Infrastructure

Local Agency Program Agreement with the Florida Department of Transportation (FDOT) for the Belcher Road Advanced Traffic Management System/Intelligent Transportation System (ATMS/ITS) Project

Time Only 12.22.11


Release of Funds Held as Completion Surety for George Lutich Temporary Access

N/A 12.16.11


Release of Funds Held as Completion Surety for Suncoast Rentals

N/A 12.14.11


Approval of the Interlocal Agreement with FDOT for Total Maximum Daily Loads Implementation

$50,000.00 FDOT Funding

12.13.11

January 24, 2012

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Department

Item

Dollar Value

Date Approved


Release of Lien (1) All liens are paid in full

12.1.11


Release of Lien (1) All liens are paid in full

11.30.11


Releases of Lien (18) All liens are paid in full

11.28.11


Joint Participation Agreement (JPA) with FDOT for the U.S. 19 (S.R. 55) ATMS/ITS Project from: (a) Beckett Way to the Pasco County Line (b) 49th Street to 126th Avenue

(a) $85,000.00 Grant Funding (b) $180,000.00 Grant Funding

11.18.11


Notices of Lien (25) N/A

11.16.11


Notices of Lien (23) N/A 11.9.11



11.7.11





10.27.11





10.17.11

January 24, 2012

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Department

Item

Dollar Value

Date Approved





10.7.11



Economic Development

Agreement with the Agency for Workforce Innovation and Chmura Economics and Analytics for data and data tool used for targeting industries, performance measurement and development strategies

N/A 9.23.11

Health and Human Services

Amendment No. 2 to the Interlocal Agreement with the City of St. Petersburg for the Homeless Prevention and Rapid Re-housing Program

N/A 12.7.11


Pinellas County Health Program (PCHP) Specialty Provider Agreements with: Aurindom Narayan, M.D., P.A. MRI Associates of St. Petersburg, Inc. Rose Radiology Centers, Inc. Helen Ellis Memorial Hospital Physician Group d/b/a Dr. David Fine D.P.M. Pinellas Hematology and Oncology, P.A. SRA Ventures, Inc. d/b/a Westcoast Radiology Gastroenterology and Oncology Associates, P.A. Christos Politis, M.D., P.A.

Per Resolution No. 10-209 waiving purchasing ordinance to allow HHS authority to negotiate Specialty Health Care Services. Total FY 2012 expenditure $3,715,000.00

11.15.11 10.6.11


Laboratory Provider Agreements for PCHP participants with: (a) Ameripath Hospital Services Florida, LLC (b) Ameripath Florida, LLC

$75,000.00 per agreement

6.16.11

January 24, 2012

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#10b PROCUREMENT ITEMS APPROVED BY COUNTY ADMINISTRATOR (CA) FOR THE QUARTER ENDING DECEMBER 31, 2011 – RECEIVED FOR FILING (CA/PURCHASING)

Contract No.

Action

Commodity

Department

Vendor

CA Approval Value

County Code

Award

Date

Contract Annual/Total Value

1. 089-0461-A

(DM) Name Change – First Amendment

Professional Engineering Environmental and Geotechnical Services

Department of Environment and Infrastructure (DEI)

From MACTEC Engineering and Consulting, Inc. To AMEC E & I, Inc.

N/A 12/22/11 N/A

2. 089-0207-A (DM)

Name Change – Second Amendment

Construction Engineering and Inspection (CEI) Professional Engineering Services

DEI

From MACTEC Engineering and Consulting, Inc. To AMEC E & I, Inc.

N/A 12/22/11 N/A

3. 089-0239-C (RM)

Change Order No. 2 (Final)

Water and Reclaimed Water Main Installation – Annual Requirements for 08/09/Rebid PID No. 1979

DEI Suncoast Development of Pinellas County, Inc.

(1,584,647.79) 12/22/11 1,024,722.21 Total

4. 101-0133-A (LN)

Cancellation of Contract

Marketing Representation – Washington, D.C., Virginia, Maryland and Mid-Atlantic Region (CVB)


Michelle W. Jones

N/A 12/21/11 N/A

5. 089-0029-B (RM)

Time Extension

25% Sodium Hydroxide (NaOH) Solution

DEI Key Chemical, Inc.

N/A 12/20/11 160,000.00 Annual

6. 089-0207-A (DM)

Time Extension – First Amendment

Construction Engineering and Inspection (CEI) Professional Engineering Services

DEI Consul-Tech Construction Management, Inc. E.C. Driver & Associates HDR Construction Control Corporation KCCS, Inc. KCI Technologies, Inc.

N/A 12/20/11 48,000,000.00 Total

January 24, 2012

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Contract

No.

Action

Commodity

Department

Vendor

CA Approval Value

County Code

Award

Date


MACTEC Engineering and Consulting, Inc. Reynolds, Smith and Hills CS, Incorporated URS Construction Services, Inc.

7. 101-0064-B (NP)

Increase in Funds for Blanket Purchase Agreement

Herbicides, Insecticides, Mosquito Abatement Pesticides and Other Products (Co-op)

Various Clarke Mosquito Control Products, Inc.

213,241.75 12/19/11 1,202,696.83 Annual

8. 101-0327-CP (DF)

Change Order No. 1 – Time Only

Roadway and Parking Lot Improvements, Phase II (PID No. 2276)

Airport R.E. Purcell Construction Co. Inc.

N/A 12/16/11 910,769.85 Total

9. 045-789-B (NP)

Time Extension

Services, Fire Safety Testing, Inspection and Certification for Facility Management and Countywide

Various Piper Fire Protection, Inc. Cintas Corporation No. 2 d/b/a Gulfcoast Fire & Safety

60,000.00 12/16/11 205,000.00 Annual

10. 090-0078-CP (RM)


Hand Unload Facility Bridgeway Acres Landfill (PID No. 1676)

DEI Heart Construction, LLC

(120,659.11) 12/12/11 2,975,751.58 Total

11. 090-0073-A (DM)


Real Estate Management Construction Management at Risk Services for St. Petersburg Judicial Building First Floor Renovation – Phase 3, Construction Services (PID No. 831)

Real Estate Management

Ajax Building Corporation

(444,863.33) 12/12/11 4,091,595.67 Total

12. 101-0269-CP (RM)

Corrective Contract

Bridgeway Acres Redevelopment Phase V (PID No. 1482)

DEI The Diaz/Fritz Group, Inc., d/b/a Diaz Fritz Isabel

N/A 12/12/11 N/A

January 24, 2012

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Contract

No.

Action

Commodity

Department

Vendor

CA Approval Value

County Code

Award

Date


13. 090-0032-CP

(DF) Corrective Contract – First and Final Term Extension and Increase in Funds

Pipe Lining Services DEI Reynolds Inliner, Inc.

N/A 12/12/11 501,162.57 Annual

14. 089-0360-PB (SS)

Increase No. 4 Contract Purchase Agreement

Enterprise-Wide Internet Access

Business Technology Services

TW Telecom Holdings, Inc.

8,400.00 12/12/11 121,610.66 Annual

15. 090-0032-CP (DF)

First and Final Term Extension and Increase in Funds

Pipe Lining Services DEI Reynolds Inliner, LLC

250,000.00 12/6/11 1,002,325.14 Annual

16. 078-0459-B (RM)

Third and Final Term Extension and Name Change

Pumps, Parts and Repairs (Co-op) Rebid

DEI Carl Eric Johnson, Inc. John Mader Enterprises, Inc. Xylem, Inc. Power & Pumps, Inc. Regional Engineering & Services, Inc. Tampa Armature Works, Inc.

1,052,000.00 2-176

12/6/11 1,052,000.00 Annual

17. 112-0016-PB (RG)

Purchase Authorization

Maintenance, Repair and Operating Supplies – Industrial

Various Home Depot USA, Inc. and its affiliate HD Supply Facilities Maintenance

250,000.00 12/2/11 250,000.00 Annual

18. 090-0151-A (DM)

Second Amendment

Certified Public Management (CPM) Program

Office of Management and Budget

Florida State University

68,330.00 12/2/11 141,279.00 Total

19. 089-0339-P (SS)

Second Amendment

Metro Ethernet Wide Area Network (WAN) Services


Bright House Networks, d/b/a Bright House Networks, LLC

N/A 12/2/11 286,200.00 Annual

January 24, 2012

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Contract

No.

Action

Commodity

Department

Vendor

CA Approval Value

County Code

Award

Date


20. 101-0078-CP

(RM) Change Order No. 1 (Final)

Water and Wastewater Treatment – Odor Control Improvements Pump Stations 182 and 183 (PID No. 2044)

DEI Carl Hankins, Inc.

(17,266.70) 12/1/11 138,821.30 Total

21. 112-0003-N (SS)

Non-Competitive Purchase

Radio Communication Equipment and Accessories

Various Motorola Solutions, Inc.

200,000.00 12/1/11 200,000.00 Annual

22. 090-303-S (SS)

Purchase Authorization Modification and Increase to Contract Purchase Agreement

Staffing Resources for Business Technology Services

Various Veredus Corporation

500,000.00 2-185

12/1/11 3,925,000.00 Total

23. 101-0076-CP (DF)


Detention F-Wing Air Handler Replacement Phase II (PID No. 1310)


Air Mechanical & Service Corp.

(3,116.38) 11/28/11 537,883.62 Total

24. 090-0085-A (DM)


Real Estate Management Construction Management at Risk Services for St. Petersburg Sheriff’s Tech Buildings 1, 2, and 3 Renovations – Construction Services (PID No. 2009)


Hennessy Construction Services Corporation

(52,472.11) 11/28/11 2,449,576.89 Total

25. 089-0552-C (RM)

First and Final Term Extension

Sanitary Sewer Repair, Rehabilitation and Extensions

DEI Rowland, Inc. 1,283,575.78 2-176

11/28/11 1,283,575.78 Annual

26. 090-0087-C (RM)

Change Order No. 2

Belcher Road 48” Water Main Replacement (PID No. 1732)

DEI Globetec Construction, LLC

N/A 11/18/11 7,907,851.90 Total

27. 089-0386-P (LN)

Corrective Contract

Parking Meters (Pay and Display/ Multi-space) – Delivery and Installation

Culture, Education and Leisure

Cale Parking Systems, USA, Inc.

160,000.00 11/15/11 245,000.00 Total

28. 101-0396-N (PF)

First Amendment

Consulting Services, Environmental Air Quality

DEI RTP Environ-mental Associates, Inc.

65,000.00 11/15/11 100,000.00 Total

January 24, 2012

13

Contract

No.

Action

Commodity

Department

Vendor

CA Approval Value

County Code

Award

Date


29. 101-0067-P

(LN) First Amendment

Multi-Function Digital Machines – Copier, Network Printer, Scan, Fax

Various Konica Minolta Business Solutions USA, Inc.

N/A 11/15/11 150,000.00 Total

30. 089-0360-PB (SS)

Increase No. 3 Contract Purchase Agreement

Enterprise-Wide Internet Access


TW Telecom Holdings, Inc.

34,142.16 11/15/11 113,210.66 Annual

31. 112-0021-B (NP)

Rejection of Bid

Paint, Protective Coatings, Including Marine and Related Products


N/A N/A 11/15/11 N/A

32. 090-0143-P (CR)

Cancellation of Contract

Urban Planning Consulting – Pinellas County Code

Planning Department

Jacobs Engineering Group, Inc.

N/A 11/14/11 N/A

33. 101-0189-CP (RM)

Corrective Contract

South Train Aeration Diffuser Membrane Replacement – South Cross Bayou Water Reclamation Facility (SCBWRF) (PID No. 2055)

DEI QRC, Inc. 120.00 11/9/11 143,870.00 Total

34. 078-0185-B (NP) 089-0580-B (NP)

Assignations Automotive Repair Parts and Supplies

Fleet Management

From Parts Depot, Inc., d/b/a Bumper-to-Bumper To Uni-Select USA, Inc.

N/A 11/3/11 N/A

35. 089-0281-S (CM)

Contract Purchase Agreement – Increase – Purchase Authorization

Telecommunications Infrastructure Cabling and Connectivity

Various Verizon Business Network Services, Inc.

154,000.00 11/3/11 (Three-Year Contract)

132,000.00 Annual

36. 078-0459-B (RM)

Increase in Funds

Pumps, Parts and Repairs (Co-op) Rebid

DEI ITT Water & Wastewater Florida, LLC

125,000.00 11/3/11 1,087,000.00 Annual

37. 112-0054-S (CM)

Sole Source Purchase

Software Maintenance/Support: Accela Software


ACCELA Inc. 125,051.36 10/31/11 125,051.36 Total

38. 090-0355-CP (DF)


Fort De Soto Fort Rehabilitation

DEI Caladesi Construction Co.

(33,393.73) 10/25/11 1,068,356.82 Total

January 24, 2012

14

Contract

No.

Action

Commodity

Department

Vendor

CA Approval Value

County Code

Award

Date


39. 101-0249-B

(RM) First Amendment

Grit/Sludge Removal William E. Dunn Water Reclamation Facility (WRF) PID No. 1992

DEI EQ Florida, Inc.

N/A 10/21/11 983,032.00 Total

40. 056-0266-B (RM)


Lealman Residential Waste Collection and Disposal Services

DEI County Recycling, Inc.

1,140,000.00 2-176

10/18/11 1,140,000.00 Annual

41. 112-0057-S (RG)


Industrial Supplies: Maintenance, Repair and Operating Supplies

Various W.W. Grainger, Inc.

300,000.00 2-185

10/18/11 300,000.00 Annual

42. 090-0303-S (SS)

Purchase Authorization Modification and Increase to Contract Purchase Agreement

Staffing Resources for Business Technology Services

Various Veredus Corporation

500,000.00 2-185

10/18/11 3,425,000.00 Total

43. 112-0044-E (PF)

Emergency Purchase

Replacement of 14” Sanitary Sewer on Gulfport Boulevard

DEI Rowland, Inc. 125,000.00 10/17/11 125,000.00 Total

44. 089-0474-B (RM)

First Term Extension

Magnesium Hydroxide Suspension

DEI Premier Magnesia, LLC

986,944.00 2-176

10/17/11 986,944.00 Annual

45. 078-0178-C (DF)


2008-2009 Annual Boardwalk, Fishing Pier, Observation Tower and Timber Bridge Improvements (PID No. 1744)

DEI Bayshore Construction, Inc.

(460,951.94) 10/13/11 3,148,404.68 Total

46. 101-0064-B (NP)

Emergency Increase in Funds for Blanket Purchase Agreement

Herbicides – Insecticides, Mosquito Abatement Pesticides and Other Products (Co-op)

DEI Clarke Mosquito Control Products, Inc.

168,694.25 10/13/11 989,455.00 Total

47. 089-0100-C (DF)


2009-2010 Countywide A.D.A. Sidewalk, Drainage, and Roadway Improvements

DEI Pepper Contracting Services, Inc.

(435,672.26) 10/12/11 5,073,245.79 Total

48. 090-0316-CP (DF)

Change Order No. 2 – Time Only

State Road 60 Advanced Traffic Management Systems (ATMS)/Intelligent Transportation Systems (ITS) Project – Stage II (PID No. 1810)

DEI

Highway Safety Devices, Inc.

N/A 10/12/11 496,391.50 Total

January 24, 2012

15

Contract

No.

Action

Commodity

Department

Vendor

CA Approval Value

County Code

Award

Date


49. 089-0339-P

(SS) First Amendment

Metro Ethernet/Wide Area Network (WAN) Services


Bright House Networks, d/b/a Bright House Networks, LLC

N/A 10/12/11 286,200.00 Annual

50. 089-0148-B (DF)

Corrective Contract and Increase to Blanket Purchase Agreement

Fencing, Chain Link and Miscellaneous (Co-op)

Various Smith Industries, Inc., d/b/a Smith Fence Company

62,500.00 10/11/11 591,000.00 Annual

51. 101-0458-B (SS)

Execution of Agreement

9-1-1 Portable Telephone Equipment – Rebid

Public Safety Services Department

Verizon Select Services, Inc.

N/A 10/11/11 N/A

52. 101-0377-B (DF)

Acknowledge-ment of Contract Term Date Change

Bridge Preventative Maintenance and Emergency Response Services

DEI Florida Drawbridges Inc.

N/A 10/6/11 N/A

53. 089-0405-B (DF)


Signage, Reflective Sheeting and Sign Faces (Co-op)

DEI 3M Company 150,000.00 County

25,000.00 Co-op

175,000.00 Total

10/6/11 175,000.00 Annual

54. 090-0439-CP (DF)

First Amendment (Corrective)

2011-2012 Countywide A.D.A. Sidewalk, Drainage, and Roadway Improvements

DEI Suncoast Development of Pinellas County, Inc.

N/A 10/6/11 3,640,840.00 Total

55. 101-0259-B (NP)

Rejection of Bid

Chemical Water Treatment Program – Real Estate Management


N/A N/A 10/6/11 N/A

56. 101-0413-B (DM)

Award of Bid Testing, Medical Exams, Vaccinations and Toxicology Tests

Various Lakeside Occupational Medical Centers, Inc.

110,733.33 10/3/11 110,733.33 Annual

57. 089-0060-B (DF)

Third and Final Term Extension

Aluminum Street Light Poles and Assemblies

DEI Torres Electrical Supply Company, Inc.

150,000.00 10/3/11 150,000.00 Annual

58. 112-0032-S (SS)


Telephone Equipment Maintenance and Switch Maintenance


Siemens Enterprise Communica-tions, Inc.

270,480.00 2-185

9/30/11 270,480.00 Annual

January 24, 2012

16

Contract

No.

Action

Commodity

Department

Vendor

CA Approval Value

County Code

Award

Date


59. 101-0394-B

(DF) Award of Bid Traffic Sign Posts,

Blanks and Delineators/ Separators (Co-op)

DEI Universal Signs & Accessories Florida Transcor, Inc. Cloverleaf Corporation Vulcan, Inc., d/b/a Vulcan Signs

(24-Month Contract)

240,060.70 County

164,417.00 Co-op 2-176

404,477.70 Total

9/30/11 202,238.85 Annual

60. 078-0393-P (AM)

First Term Extension

Group Long Term Disability/Short Term Disability Administrative Services

Various Standard Insurance Company

757,000.00 2-176

9/27/11 757,000.00 Annual

61. 090-0179-C (RM)


Booster Pump Station Rehabilitation – Tierra Verde Reclaimed Water (PID No. 1997)

DEI Rowland, Inc. (40,000.00) 9/26/11 325,250.00 Total

62. 101-0142-B (RM)

Third Amendment

Laboratory Testing Services

DEI Southern Analytical Laboratories, Inc.

N/A 9/26/11 578,346.00 Total

63. 101-0356-P (LN)

Approval of Ranking and Award of Contract

Public Relations – United Kingdom, Ireland and German Speaking Markets (Rebid)

Various Rooster Creative Limited

150,000.00 9/19/11 150,000.00 Annual

64. 101-0377-B (DF)

Award of Bid Bridge Preventative Maintenance and Emergency Response Services

DEI Florida Drawbridges, Inc.

231,100.00 9/14/11 231,100.00 Annual

65. 078-0289-P (AM)

Fourth Amendment and First Term Extension

Advertising and Promotional Services


Birdwall, Voss & Associates

902,000.00 2-176

9/8/11 902,000.00 Annual

66. 067-0575-P (LN)

Time Extension and Blanket Purchase Agreement Increase

Public Relations Services – United Kingdom


Fleishman-Hillard Group, LTD

50,000.00 9/8/11 180,000.00 Total

January 24, 2012

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Contract

No.

Action

Commodity

Department

Vendor

CA Approval Value

County Code

Award

Date


67. 078-0417-P

(AM) Cancellation of an Acknowledge-ment of Merger and Substitution with Merger and Acquisition

Software Implementation for Health and Human Services Department – Rebid


Metastorm, Inc. Open Text Corporation

N/A 8/11/11 N/A

Total: $ 12,399,746.98

#11 Notice of new lawsuit and defense of the same by the County Attorney in the case of

Sandra Cooper versus Pinellas County – Circuit Civil Case No. 11-12368-CI-20 – Allegations of Negligence Resulting in Personal Injuries.

#12 Award of Quote for advertising the Delinquent Real Estate Tax and Tangible Personal

Property Tax Lists for 2012 and 2013 to the Gulf Coast Business Review (Contract No. 112-0114-Q) approved in the amount of $44,000.00 on the basis of being the lowest responsive, responsible quote received meeting specifications (24-month contract effective March 16, 2012).

#13 Items for discussion from Consent Agenda (County Administrator and Clerk of Circuit

Court).

#5 Resolution No. 12-4 adopted approving Amendment No. 1 to the County Incentive Grant Program (CIGP) Agreement with the Florida Department of Transportation (FDOT) for the installation of conduit and fiber optic cable along Alternate U.S. Highway 19/State Road 595 from Downtown Clearwater to U.S. Highway 19 and along U.S. Highway 19 from Alternate U.S. Highway 19/State Road 595 to 54th Avenue North (FDOT Financial Project No. 427005 1 58 01; County PID No. 2160), including the installation of Advanced Traffic Management System devices along the primary Alternate U.S. Highway 19 corridor, and revising the design completion date, construction letting date, and construction completion date. Chairman authorized to execute the amendment and the Clerk to attest.

In response to queries by Commissioner Seel, Peter J. Yauch, Director of Transportation and Stormwater, related that the original project design completion date was to have been December 31, 2011; that delays in obtaining consultant

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services added several months to the timeline; and that project construction should be completed in approximately 12 to 18 months.

Motion - Commissioner Seel Second - Commissioner Latvala Vote - 7 – 0

#9 Receipt and file of quarterly reports:

a. Quarterly Report on Administrative Budget Amendments for the period

October 1, 2011 through December 31, 2011 was filed and made a part of the record.

In response to queries by Commissioner Seel, Assistant County Administrator Mark S. Woodard discussed the dollar figure increase in Workers’ Compensation Claims over the past quarter and the ongoing efforts to mitigate for cost increases. He indicated that billing is based on actual losses; that three safety specialists currently oversee a loss prevention program; and that to better manage loss prevention, the County will upgrade its current automated case management system, called “STARS,” to provide greater reporting capability, thus allowing the County to foresee trends, anticipate costs, and enact training programs.

Motion - Commissioner Seel Second - Commissioner Latvala

Responding to queries by Commissioner Roche, Mr. Woodard explained that even though the account numbers for Emergency Medical Services (EMS) Ambulance Services and EMS First Responder Services are the same, their cost center numbers are different.

Vote - 7 – 0 #14 Change Order No. 2 (final) to the contract with R. E. Purcell Construction Company, Inc.

for McMullen Booth Road at Drew Street, McMullen Booth Road at Enterprise Road, and McMullen Booth Road Pavement Preservation from Drew Street to State Road 60 (PID Nos. 817, 1619, and 2108; Contract No. 090-0138-CP) approved increasing the contract amount by $1,574.99 for a revised contract total amount of $2,520,494.21 and releasing final payment; Chairman authorized to sign and the Clerk to attest.

Motion - Commissioner Latvala Second - Commissioner Welch Vote - 7 – 0

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#15 Resolution No. 12-7 adopted, with revisions, amending the Street Closure Procedures, Protocols, and Regulations for Downtown Palm Harbor and providing a schedule for implementation.

Director of Transportation and Stormwater Peter J. Yauch indicated that Downtown Palm Harbor is unique in that certain events are held on a regular basis; that the mechanism used in the past was authorization through the street closure permit process; and that some opportunities to improve and clarify the intent of the requirements have been identified. He indicated that changes have been made to insurance requirements and, based on observation, citizen feedback, and citizen complaints, to event planning requirements, including parking and access issues, sanitary facility issues, security and police functions, traffic management, and noise regulation; whereupon, he provided details of the key elements, including: • Depending on the type of services provided, vendors may have to provide separate

insurance. • Identifying security and police function requirements will be based on anticipated

attendance. • The noise requirements will not be changed, and will continue to follow the County

noise ordinance, with music ending at 11:00 P.M. Standardized layouts to minimize noise, such as the location of the band, will be utilized. Sponsors must acknowledge the noise ordinance and the Sheriff will have the authority to enforce. The County may require the sponsor of the event to hire a Code Enforcement Officer with appropriate monitoring equipment.

In response to queries by the members, Mr. Yauch indicated that the $2 million liability insurance will not create a hardship, is not an increase in the coverage, and has been reviewed by the Old Palm Harbor Main Street Association; that a letter has been provided by the Association indicating its agreement with the requirements; and that if a Code Enforcement Officer is hired, it will be through the County. Commissioner Bostock pointed out a discrepancy regarding requirements for submittal of the community calendar and submittal of an application and suggested that the verbiage “submitted to the County at the beginning of the calendar year and periodically as changes are made or as events are added” be included; and that in Section B regarding the insurance requirements for proof of liquor liability insurance, the words “if applicable” or “if liquor is to be served” be added; and that the additional language be included in the motion. She noted that on Page 3, Section B-11, the form should read “and I agree to

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abide by the Code” rather than just acknowledgment of a copy being received. Following discussion, Chairman Morroni directed that the changes be included in the motion. Robin Husbands, Executive Director, Old Palm Harbor Main Street Association, indicated that the Board is satisfied with the changes made; and in response to her queries, Attorney Bennett indicated that the noise ordinance has a waiver provision and any requests to allow a waiver for an increase in decibels would be processed under that ordinance; and Mr. Yauch indicated that a Code Enforcement Officer would be required only if the County feels one is needed.

Responding to the Chairman’s call for citizens to be heard, JoAn Totty, Palm Harbor, appeared and expressed her concerns that the noise ordinance does not require that the music end at 10:00 P.M. and that the decibel limits might be raised. Commissioner Bostock pointed out that the proposed resolution does not change the time the music ends or the decibel limits allowed; and in response to queries by Commissioners Roche and Welch, Mr. Yauch indicated that a few other complaints about noise have been received from the community; that there will be a strict understanding that the music cannot play past 11:00 P.M.; and that 12 events are held each year. Attorney Bennett advised that the noise ordinance requires that waivers be issued by the County Administrator or a city manager and would be included in the application; whereupon, Administrator LaSala agreed to notify the members whenever a waiver is granted, including who is receiving the waiver, the location, and the time. Commissioner Roche requested that a Code Enforcement Officer be required at the events until it has been demonstrated that one is no longer necessary; whereupon, Mr. Yauch reiterated that the resolution now grants the Sheriff the authority to enforce the time and decibel requirements. Commissioner Bostock recommended that language be added to the resolution tying the $500 refundable deposit to non-violation of the noise ordinance, and Commissioner Brickfield concurred, but suggested waiting to see if the new authority granted to the Sheriff solves the problem. Commissioner Latvala related that the events fund the upkeep of the Harbor Hall and the White Chapel; that it is important that the Main Street Association, the BCC, and staff work together; and that Ms. Husbands and the Sheriff are aware of the conditions and requirements; whereupon, in response to a suggestion by Commissioner Bostock that a stand-alone section be added to the ordinance giving the Sheriff authority to enforce the County Code, Attorney Bennett recommended that staff review the enforcement

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provision to ensure it covers the concerns of the commissioners, noting that changes can be made administratively. Thereupon, Chairman Morroni directed that the motion to approve the resolution include the changes made by Commissioner Bostock.

Motion - Commissioner Latvala Second - Commissioner Seel Vote - 7 – 0

#16 Master Social Action Funding Agreement with recommendations for funding to local

social service agencies approved with authorization for the execution of individual agency agreements pursuant to the attached funding recommendations matrix for Fiscal Year 2011-2012. Allocation of an additional $160,000.00 from the General Government budget approved to fully fund the amount authorized by the Board for Social Action Funding ($360,000.00 total) in Fiscal Year 2011-2012 ($200,000.00 previously apportioned in Health and Human Services Fiscal Year 2011-2012 budget).

In response to queries by Commissioner Seel, Gwendolyn Warren, Bureau Director, Health and Human Services, indicated that the Board approved a category for the Tampa Bay Information Network implementation in August 2011; and that only two agencies requested assistance for technology and both are legal agencies that serve the homeless. Commissioner Bostock stated that she did not support the initial decision to take money from reserves to increase Social Action Funding; that since that decision has already been made, she will vote to approve this agenda item; and that the two votes are not inconsistent; whereupon, discussion ensued regarding support for taking money from reserves rather than from the pool of health care monies, and Ms. Warren provided input.

Motion - Commissioner Welch Second - Commissioner Latvala Vote - 7 – 0

#17 Award of bid to EBAV, LLC for the sale of real property located at 11650 131st Street

North, Largo (Contract No. 112-0020-B) approved for a total revenue amount of $702,222.22 on the basis of being the highest bid received; Chairman authorized to sign the Real Property Purchase Contract and the Clerk to attest. Prior to closing, Chairman authorized to sign a County deed releasing all mineral rights and the Clerk to attest after written approval as to form by the Office of the County Attorney (Real Estate Management/Purchasing).

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Motion - Commissioner Welch Second - Commissioner Seel

Commissioner Roche referred to previous Board discussions regarding an easement on an adjacent parcel and confirmed for the record that communications and clarifications pertaining to the Geurins are going to occur, and Attorney Bennett concurred.

Vote - 7 – 0 #18a County Administrator LaSala announced that staff plans to publish a notice regarding a

Tax Equity Fiscal Responsibility Act (TEFRA) public hearing to be considered at the Board of County Commissioners meeting on February 7, 2012 at 6:00 P.M. on behalf of Indian Rocks Assisted Living, Inc., d/b/a Heron House Indian Rocks, and no objections were noted.

#18b Center for Medicare and Medicaid Services Health Care Innovation Challenge grant

application approved to receive up to $30,000,000.00 in grant funding over three years to facilitate an improved Pinellas County Health Care Delivery System (Health and Human Services).

Acknowledging that this is a work in progress, Commissioner Bostock expressed concern that rather than streamlining efficiencies as was the direction of the Board, this plan would instead add an extra layer; and that if the efficiencies the Board intends are achieved and the silos are broken down, the 30 new community health workers will not be necessary; whereupon, Gwendolyn Warren, Bureau Director, Health and Human Services, indicated that the community health workers identified in the grant will not be County employees; and that they are already at St. Petersburg College, Pinellas Technical Education Center, and NOVA Southeastern University and will be re-trained and certified. Referring to a list of agencies provided to her by Ms. Warren, Commissioner Bostock indicated that the real value of the grant would be in getting the existing agencies to work together; that with the creation of a better system, 30 existing employees could transition in without creating a new layer of government; and that the fewer new people hired, the more grant money would be available to streamline and expand existing services; whereupon, Ms. Warren clarified that the 30 people will be people already in the health care profession who need to upgrade their skills; and that they will be re-trained in the health care centers.

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Motion - Commissioner Welch Second - Commissioner Latvala Vote - 7 – 0

#19a Interlocal Agreement between Pinellas County and the City of Largo regarding the

construction of the Public Safety Facilities and Centralized Communication Center approved for execution.

Motion - Commissioner Welch Second - Commissioner Roche

Chairman Morroni and Commissioner Roche congratulated Administrator LaSala and

others involved in bringing the agreement to fruition. Vote - 7 – 0

#19b Interlocal Agreement with the Cities of Clearwater, Largo, Pinellas Park, St. Petersburg, and Tarpon Springs, the Juvenile Welfare Board Children’s Services of Pinellas County, the Public Defender, and the School Board of Pinellas County establishing the Pinellas County Homeless Leadership Board, approved for execution.

Motion - Commissioner Welch Second - Commissioner Latvala

Commissioner Welch provided historical background information and acknowledged Homeless Leadership Network Executive Director Sarah Snyder, members of the Pinellas County Coalition for the Homeless, and Senior Assistant County Attorney Carl E. Brody for their efforts related to the Agreement. He indicated that the Homeless Leadership Board represents a merging and streamlining of agencies resulting in a reduction in membership from 35 to 21; that no county funding is involved; and that, in addition to setting policy, the new group will direct approximately $4 million in federal funding to support local homeless issue initiatives.

Vote - 7 – 0 #20 County Attorney Miscellaneous – None. #21 County Administrator Report – Initiatives and Projects

a. Mr. LaSala reported that staff met with the City of St. Petersburg regarding Properties of Countywide Significance and will meet again next month.

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b. Mr. LaSala provided an update on the Holiday Lights event, noting that there was a net revenue of nearly $62,000.00; that the attendance was in excess of 60,000; that volunteers worked over 7,000 hours; and that it was the most successful Holiday Lights event in the program’s history; whereupon, he commended the Foundation of the Botanical Garden and its many volunteers for their enthusiasm, dedication, and hard work.

#22 County Commission Miscellaneous:

a. Commissioner Roche requested approval to appoint David Waddell to the Park Board; upon motion by Commissioner Latvala and second by Commissioner Welch, the request was approved unanimously. sought Board consensus for the County Attorney’s Office to look into the new drug “Krantom” re a possible ordinance; County Attorney directed to proceed.

b. Commissioner Seel congratulated Botanical Gardens staff and volunteers on the success of the Holiday Lights event and thanked them for their time and sacrifice. related citizen’s comments and thanks re clean up of Lake Seminole. suggested that topics for Presentations and Awards be included on the BCC agenda.

c. Commissioner Brickfield suggested that staff investigate possible installation of an electric car charging station near the County Courthouse at no charge as part of Project Get Ready; and the members concurred. reminded citizens of the January 31 municipal elections and encouraged them to vote.

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e. Commissioner Welch recognized the anniversary of the deaths of St. Petersburg Police Officer Jeffrey Yaslowitz and Sergeant Thomas Baitinger and extended thoughts and prayers to their families.

f. Chairman Morroni provided information regarding his 17th Annual Law Enforcement Dinner to be held on January 27, noting that the dinner is sold out and thanking community members for their support.

* * * * At this time, 5:03 P.M., the meeting was recessed and reconvened at 6:00 P.M. with all members present, with the exception of Chairman Morroni.

* * * * 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 – BOARD OF COUNTY COMMISSIONERS #23 Ordinance No. 12-03 adopted amending the Pinellas County Comprehensive Plan

regarding updates to the Capital Improvements Element. The Local Planning Agency recommended approval of the proposed changes. No correspondence has been received. No citizens appeared to be heard.

Mr. LaSala indicated that the amendments are proposed in order to maintain consistency

between the Comprehensive Plan, the Pinellas County Capital Improvements Program (CIP), and the Metropolitan Planning Organization Transportation Improvement Program.

Commissioner Seel noted that Table 16 (Exhibit 3 to the ordinance) provides the long-term schedule and cost of capital improvements to U.S. Highway 19; whereupon, responding to query by Commissioner Roche, Mr. LaSala clarified that the CIP Element

d. Commissioner Latvala requested that her assistant be relieved from duties at the BCC reception desk to provide temporary assistance in the County Administrator’s Office; and no objections were noted.

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of the Plan must be modified by ordinance, but changes to the Capital Improvement Program do not require an ordinance.

Motion - Commissioner Latvala Second - Commissioner Seel Vote - 6 – 0

#24 Proposed Ordinance amending the Pinellas County Historic Preservation Code deferred.

Planning Division Manager Gordon R. Beardslee presented background information regarding the Pinellas County Historic Preservation Code, relating that in 1989, the Board adopted the Comprehensive Plan, which included objectives and policies to protect and preserve historic and archeological resources; that in 1992, the Board adopted the Historic Preservation Code into the Land Development Code, noting that since that date, only one district and three individual properties have been designated Historical; and that in 2008, the Board adopted Ordinance No. 08-11, establishing a countywide Historic Preservation Program and the Historical Advisory Board. He indicated that Ordinance No. 08-11 also directed that the Comprehensive Plan and the Land Developmental Code be reviewed to determine any changes needed to implement the ordinance; and that the amendments before the Board at this time are a result of that review by the Advisory Board and County staff, noting that the proposed amendments only impact the unincorporated area. Mr. Beardslee indicated that the proposed amendment to the Historic Preservation Code: • Establishes the Historical Preservation Advisory Board within the Historic Code, with

the intent that Pinellas County would meet state and federal requirements for recognition as a Certified Local Government; provides for the structure of the Advisory Board and recognizes its powers, duties, responsibilities, and authority; enables the Advisory Board to designate an individual site as an historic landmark without having to go through the rezoning process; and establishes the County Planning Department as dedicated staff to the Advisory Board.

• Simplifies the process for a property owner to obtain a Certificate of Appropriateness for minor changes to exterior renovations.

• Makes changes to the designation process for Historic Districts and involves the Advisory Board in the process.

Mr. Beardslee indicated that since the proposed changes to the Certificate of Appropriateness process would affect the current procedure used in the Downtown Palm

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Harbor Historic District, staff held a public meeting with the Downtown Palm Harbor property and business owners on January 20 and provided information as to how an application would be reviewed; whereupon, he pointed out that the difference between an Historic District designation and a Landmark/Landmark Site designation is that the County retains the zoning amendment process for the Historic District designation, but not for the Landmark designation. Mr. Beardslee indicated that the Local Planning Agency (LPA) recommended adding verbiage in the ordinance that would prohibit the County Planning Director from initiating an application for an individual property as a Landmark designation without the consent of the property owner and from initiating the designation of an area as an Historic District without the support of at least 50 percent of the property owners, but that staff and the Historical Preservation Advisory Board disagree with those recommendations and are recommending that the BCC not approve this recommendation.

Mr. Beardslee indicated that the LPA also recommended that at least two members of the Advisory Board not be required to have prior experience or training in historic preservation in order to bring the perspective of a “lay person” to the Board; that staff contacted the state and confirmed that this revision would not jeopardize the County’s eligibility for designation as a Certified Local Government; and that the Advisory Board voted to support this recommendation, but added the stipulation that at least four of the members have expertise or knowledge in historic preservation. In response to concerns by Commissioner Bostock regarding the Advisory Board’s accountability and communication, Mr. Beardslee discussed how the original Historic District Task Force became the Historic District Advisory Board; whereupon, Commissioner Bostock requested a list of the current members of the Advisory Board and a list of the BCC annual appointment list. Later in the meeting after receiving additional information, Commissioner Bostock recommended that a mixed system be used, with a County Commissioner serving as chairman, and with a portion of the members appointed by the individual commissioners and a portion appointed by the BCC as a whole, noting that if the Board is delegating decision-making authority on something this important, a tighter line of communication is needed. Commissioner Roche concurred, noting that it is not just an advisory board, but has total authority of its own and the power to expend tax dollars. Commissioner Seel suggested that the nominations be brought before the Board; and Commissioner

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Brickfield expressed concern that a quorum of the Advisory Committee would consist of only five of the 15 members. In response to queries by Commissioner Roche, Mr. Beardslee indicated that: • In the early ‘90s, a consultant determined that 70 individual properties would be

eligible for a Landmark designation in the unincorporated area and that Ozona would be the only area that would be eligible to receive an Historic District designation.

• The major difference between the current process and the proposed process is that it would take the individual designation to the Landmark process out of the zoning process, thereby removing the Local Planning Agency from the public hearing loop and adding the Advisory Board.

• The major difference in the demolition process is that the County Administrator would no longer have the authority to issue a permit to authorize demolition of a structure. Instead, the Advisory Board would hold a public hearing to determine whether or not to authorize demolition of a structure, and if the property owner did not agree with the decision, he could appeal the decision to the BCC.

• Discussed how a Certificate of Appropriateness would differ from the current process, relating that it would give staff authority to approve minor changes such as antennas, satellite dishes, and solar collectors.

• Discussed Certified Local Governments, relating that no restrictions come with the designation; that the impetus for applying for the designation is the BCC’s direction to review the Code to reflect its policy in the 2008 ordinance; and that there are currently four Certified Local Governments in Pinellas County: St. Petersburg, Gulfport, St. Pete Beach, and Tarpon Springs. He indicated that the designation would (1) signify that the County has in place the expertise and the ability to take on some responsibilities for historic preservation locally, such as reviewing nominations for the National Register; (2) free up money for local governments; and (3) allow property owners to get tax relief for improvements to historical properties.

Responding to the Chairman’s call for citizens to be heard, the following persons appeared and indicated their support:

Rae Claire Johnson, Belleair, Friends of the Biltmore Gina Clayton, Palm Harbor, Historic Preservation Advisory Board Cyndi Tarapani, Tarpon Springs, Historic Preservation Advisory Board Vincent Luisi, Historic Advisory Board, Director of Dunedin Historical Museum, City Historian

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Responding to the Chairman’s call for citizens to be heard, the following persons appeared and expressed their concerns: Tony Caso, Palm Harbor (submitted document re United Nations Agenda 21.) Debra Kurin, Palm Harbor JoAn Totty, Palm Harbor (expressed concern with diminishing regulations for historical properties; staff to

report back re hardware store in downtown Palm Harbor.) Joe Paige, Clearwater (expressed distrust of urban planners and asked BCC to approve LPA

recommendations.) Attilio Corbo, Palm Harbor

In response to the concerns of Commissioner Brickfield regarding the proposed ordinance mandating that a homeowner be responsible for the cost of advertising for an appeal of a County decision to apply an historic designation, Mr. Beardslee indicated that language suggested by Commissioner Brickfield could be included making the County liable for the cost if the homeowner opposes the designation, and Commissioners Welch, Latvala, and Seel concurred. Commissioner Latvala noted her concerns that the County could make a designation against a property owner’s wishes; whereupon, Mr. Beardslee indicated that the County has never requested an historical designation in the unincorporated area without the property owner’s full support; and Attorney Bennett advised that, in certain circumstances, it might be tax advantageous to the property owner if the County applies for the designation, and Commissioner Seel requested verification regarding the taxes. Commissioner Bostock reiterated that she would be more comfortable with the addition of the LPA recommendations and language; whereupon, following discussion and at the direction of Vice-Chairman Welch, the Board agreed to defer and workshop the item.

Motion - Commissioner Latvala Second - Commissioner Brickfield Vote - 6 – 0

#25 Public hearing held and Ordinance No. 12-04 adopted amending the Future Land Use and

Quality Communities Element of the Pinellas County Comprehensive Plan to adopt the East Lake Tarpon Community Overlay, including the East Lake Tarpon Community Boundary and supporting Vision, Objectives, and Policies, as recommended by the Local Planning Agency. Staff authorized to transmit the ordinance to the State Land Planning Agency for review and comment. Final Board approval anticipated to take place in the spring of 2012. No correspondence has been received.

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Referring to an aerial photograph and the Future Land Use Map, Program Planner Glenn Bailey reviewed the overlay boundaries and described surrounding uses, noting that the proposed overlay does not include the Brooker Creek Preserve or the Keller Water Treatment Facility. He indicated that East Lake Tarpon is the fourth unincorporated community to request an overlay in recent years, joining the Alderman Rural Residential Overlay, Tierra Verde, and the Ozona community; and that the request was submitted by the Council of North Community Neighborhoods (CNCN), which utilized extensive public input to identify key features within the community to craft a vision and a series of objectives and policies that reflect the character of the East Lake Tarpon community; whereupon, he reviewed the proposed objectives:

Preserve the community character and quality of life. Maintain current low-density residential pattern. Support small businesses and limited commercial uses to serve the area’s residents. Protect the natural environment, open space, and passive recreation resources. Protect the scenic/non-commercial corridors of Keystone and East Lake Roads. Promote strong communication between the County and area residents and businesses. Support infrastructure improvements necessary to maintain quality of life and public

safety.

CNCN First Vice-President John Miolla related that the organization had vetted the process for almost three years throughout the East Lake Community, and had solicited comments from the students of all the schools in the area regarding quality of life issues that they consider important.

Responding to the Vice-Chairman’s call for citizens wishing to be heard, Debra Kurin, Palm Harbor, appeared and stated her concerns.

Motion - Commissioner Latvala Second - Commissioner Roche

Noting that the Brooker Creek Preserve is not included in the overlay area, Commissioner Brickfield inquired whether this would create a problem for expansion of the preserve; whereupon, Mr. Bailey indicated that the overlay boundary should be self amending to exempt the preserve; and that, if necessary, the ordinance could be modified for clarification.

Vote - 6 – 0

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#26 Resolution No. 12-8 adopted approving the application of Sarraf A. Akhavan through J. Jason Bangos, Representative, for a change of zoning from P-1, General Professional Offices, to C-2, General Retail Commercial and Limited Services, with a Development Agreement to restrict the use of the site specifically to a used car lot and/or professional office with a maximum height and intensity as allowed by the C-2 zoning district; and Ordinance No. 12-05 adopted approving a change in land use designation from Residential/Office General to Commercial General (Z/LU-2-10-11), re a parcel of land containing approximately 0.32 acre located at the northeast corner of Roosevelt Boulevard and Alma Avenue in the unincorporated area of Largo (street address: 15506 Roosevelt Boulevard). No correspondence has been received. No citizens appeared to be heard.

Referring to an aerial photograph and the zoning and land use map, Planning Department

Zoning Manager John F. Cueva pointed out the location of the subject property, described surrounding land uses, and provided historical background information relating to the application. He indicated that the property was rezoned in 1983 to P-1, Professional Office; that the current owner purchased the property a few years later and has operated a used car lot for approximately 24 years, evidently unaware of the zoning; that a County technician discovered the violation when the applicant applied for a permit to repair a carport; and that Code Enforcement visited the site and instructed him to cease the use, which he has done.

Mr. Cueva indicated that staff is recommending denial of the application based on

policies that the Board has established; that the types of uses allowed under C-2 zoning could be problematic to the adjacent residential properties; and that the P-1 zoning provides an appropriate transitional buffer. He related that the Local Planning Agency (LPA) acknowledged staff’s position, but considered the fact that the property owner had been at the location for 24 years without being cited for a violation and was apparently unaware of the rules; and that the LPA had directed staff to work with the applicant to find a way to allow continued operation of the car lot, hence the Development Agreement.

Mr. Cueva related that the LPA had not agreed with staff’s recommendation for a full site plan review, but had recommended the application go through the standard Development Review process, including submission of a survey for review of parking and driveway access conditions, and that approval be subject to the following restrictions:

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Property may be used for car sales for ten years from the recording of the deed restriction and for professional offices.

Auto repair, painting, and similar uses shall be prohibited. Owner must plant a 36-inch high hedge along the perimeter of the property adjacent

to Roosevelt Road. Access to the property from Alma Avenue shall be one way and entrance only. Development intensities as required by the zoning and land use designations.

Mr. Cueva indicated that, even with the above conditions, staff does not support the request; that it would be spot zoning, inconsistent with Board policy and plans for the Roosevelt Boulevard corridor; and that it would set a precedent for future requests. Upon the Chairman’s call for the applicant, J. Jason Bangos, Esquire, displayed historical and current photographs of the property, indicating that the applicant had acquired the property as a tenant in 1985, prior to his purchase in 1987; that a car lot was operating on the site at that time; and that he, himself, had operated a law office as a tenant on the property until December 2011, when he was forced to move due to the public’s perception that his office had closed along with the used car lot. Displaying additional photographs, Mr. Bangos indicated that the applicant had paid for a carport repair permit in March 2011 and was subsequently issued violations for having two signs on the property, for encroachment of the carport into the setback, and for the zoning; that a setback variance has been granted for the carport; that signs have been installed at the entrances to address traffic concerns; that only light repair work would be done on the site; and that the business would only operate until 6:00 P.M. Responding to queries by Vice-Chairman Welch, Mr. Bangos indicated that he and his client would agree to the terms of the Development Agreement, as recommended by the Local Planning Agency, although they would prefer a 15-year term based on his client’s age and apparent health; and noting that his client has incurred considerable out-of-pocket expense, inquired as to the possibility of financial consideration in the form of waiver of fees; and Vice-Chairman Welch indicated that that would not be an option. Responding to query by Commissioner Roche, Mr. Akhavan related that he has rented a temporary location to store his cars in order to comply with vehicle licensing requirements; that he is a single father with two teenage sons; and that he has been in the business for over half his life and does not plan to give it up.

January 24, 2012

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Discussion ensued wherein Commissioner Seel noted that the applicant has been in business for 24 years at this location; that he was trying to do the right thing by obtaining a permit; that many of the properties in the area, including an adjacent mobile home park, are not in pristine condition; and that there are many commercial businesses located nearby. Referring to the compatibility issue, Commissioner Bostock noted that she does not see a large distinction between allowable office uses, such as a psychic or bail bondsman, and a small car lot; and Vice-Chairman Welch agreed, indicating that the issue calls for some flexibility on the part of the Board. Commissioner Seel indicated that the character of the corridor will change over time, but it will likely take at least ten years; and that she would be willing to grant approval for 15 years; whereupon, responding to queries by the members, Senior Assistant County Attorney David S. Sadowsky, with input by Attorney Bennett, indicated that the issue in question is not the length of the Development Agreement, but the length of the allowed use; that a zoning and land use change would be permanent, but the Development Agreement could contain a deed restriction allowing use as a car lot for 15 years, after which it would be restricted to office use; that Development Agreements and allowable nonconforming uses run with the land, not the owner; and that the property is not subject to grandfathering, as the use was always illegal under the Code. Noting that the St. Petersburg-Clearwater Airport, the Pinellas Safe Harbor homeless shelter, the County Jail, and numerous commercial uses are located in the area, Commissioner Bostock questioned why a Commercial General designation would not be appropriate; whereupon, Mr. LaSala related that the land use map is based on the long-term vision for development of the Roosevelt Boulevard corridor; that surrounding uses include Residential Urban and Residential Low Medium; and that the Residential/Office General designation provides an appropriate transition for areas to the west and southwest. At the request of Mr. LaSala, General Planning Administrator Gordon R. Beardslee noted that Roosevelt Boulevard is not currently considered a commercial corridor; and that policies in the County’s Comprehensive Plan provide that commercial corridors not be extended or established where they do not currently exist. Mr. LaSala indicated that the commissioners appear to be empathetic to the applicant’s situation but do not want to perpetuate the use; and following discussion, Attorneys Sadowsky and Bennett proposed that used car sales be allowed for a period of 15 years from the recording of the deed restriction or until the property is sold, indicating that the commercial zoning would not revert to P-1, but the property would be restricted to office use.

January 24, 2012

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Commissioner Seel moved, seconded by Commissioner Latvala, that the zoning and land use changes be approved, subject to a Development Agreement in accordance with the Local Planning Agency recommendation, modified as proposed by Attorney Sadowsky; and responding to Commissioner Seel, Attorney Bangos indicated that the language was acceptable. Thereupon, Mr. LaSala noted that, if the Board approves the LPA recommendation, no stormwater assessment or water quality assessment will be done on the property, which is a concern raised by staff. Discussion ensued and Mr. Cueva responded to queries by the members, noting that the Development Agreement proposed by staff required a full site plan review, which has never been done on the property; that the LPA struck that condition from its recommendation; that it would be necessary to consult with a civil engineer to determine the cost of an assessment and a drainage engineer to determine possible mitigation methods; and that the property owner would be financially liable; whereupon, Commissioner Seel indicated that she did not wish to include the requirement in her motion. Commissioners Roche and Brickfield noted that used vehicles, which have a tendency to leak fluids, have been stored on the property for 24 years, and expressed concern that the County is currently facing millions of dollars in expenses in order to meet federal water quality requirements.

Vote - 5 – 1 (Commissioner Brickfield dissenting) #27 Meeting adjourned at 8:25 P.M.

Chairman

ATTEST: KEN BURKE, CLERK By__________________________

Deputy Clerk

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