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MEETING: BOARD OF COUNTY COMMISSIONERS, REGULAR/WORKSHOP 1. CALL TO ORDER: February 17, 1998, at 9:30 a.m., in the Palm Beach County Governmental Center, West Palm Beach, Florida. 1.A. ROLL CALL MEMBERS AND OFFICERS PRESENT: Chair Burt Aaronson Vice-Chair Maude Ford Lee Commissioner Ken L. Foster Commissioner Mary McCarty Commissioner Karen T. Marcus Commissioner Warren H. Newell Commissioner Carol A. Roberts County Administrator Robert Weisman Assistant County Attorney Marlene Everett Deputy Clerk Linda Hickman Deputy Clerk Marietta Burton 2. AGENDA APPROVAL 2.A. ADDITIONS, DELETIONS, SUBSTITUTIONS County Administrator Weisman noted the Agenda changes as follows: PAGE ITEM 2 3C-1 DELETED: Staff recommends a motion granting County Attorney's request (1) to schedule a private meeting for an attorney-client session between the Board of County Commissioners, the County Administrator, the County Attorney, the Chief Assistant County Attorney for litigation, and two Assistant County Attorneys, pursuant to Fla. Stat. §286.011(8) (1993) to discuss the status of a pending claim and threatened litigation under the Bert J. Harris Private Property Protection Rights Act, by Wild Palms Development, Inc., and (2) to give public notice of a private meeting for an attorney-client session by announcing the time, date and location, date, to-wit: 12:30 p.m., February 24, 1998,... (Co Atty) 2 3C-2 ADD-ON: TIME CERTAIN 2:15 P.M. Staff recommends motion to approve: Letter of Intent with Arena At Clematis, Inc. ("AAC").SUMMARY: At the BCC meeting of January 13, 1998, the Board directed staff to draft a Letter of Intent with AAC incorporating direction given by the BCC. The attached Letter of Intent, with Exhibits "A" and "B," follows Board direction and includes the following terms: (1) AAC has six months from execution of the Letter of Intent to meet those conditions set forth in Exhibit "A" to the Letter of Intent (i.e., provide a report on arena revenues; provide alternative guarantees if revenues will not be at least $1,500,000.00 per year; ensure that any guarantees must satisfy tax laws so any County bonds will not lose tax-exempt status); 2) The Board will not negotiate an arena agreement with any other private entity for as long as the Letter of Intent is in effect; (3) The Board may receive proposals and/or negotiate an arena proposal with the South Florida Fair or Florida Atlantic University during the six-month period; (4) If AAC fulfills the conditions in Exhibit "A" to the Board's satisfaction, AAC has an additional six months to fulfill the conditions set forth in Exhibit "B" (i.e., financial support for the arena project; contract for purchase of arena site and evidence of ability to develop the arena; use of garage for arena events; provide preliminary construction documents; secure commitment for financing private portion of construction of arena and funding operational costs for 25 years); (5) If AAC fulfills the conditions in Exhibit "B" to the Board's satisfaction, the Board may direct County staff to enter into negotiations with AAC for an arena agreement; and (6) Staff will bring to the Board any agreement that is negotiated for Board approval. (Admin) 3 3D-2 ADD-ON: Staff recommends motion to approve: Funding in the amount of $1,500 for a Community Consensus-Building Event to update the Westgate/Belvedere Homes Community Redevelopment Agency (CRA) Master Plan. SUMMARY: The Housing & Community Development Department, working with Landers-Atkins Planners, Urbanomics and IGI International, has planned a Public Workshop on Saturday, February 21, 1998, beginning at 8:30 a.m. The workshop is designed to involve residents, property owners and business persons in updating the Westgate/Belvedere Homes CRA Master Plan. Funding from the County's Consensus-Building Event Account will help cover costs associated with distributions of information flyers and related supplies. District 2 (Pub Affairs/Admin) 2.B. ADOPTION MOTION to adopt the Agenda as amended. Motion by Commissioner Marcus, seconded by Commissioner Newell and carried 7-0. 3. REGULAR AGENDA - See Pages 6-8. WORKSHOP ITEMS 4. 9:30 A.M. - FIVE-YEAR ROAD PROGRAM OVERSITE AND ADVISORY COUNCIL PRESENTATION DISCUSSED 2-17-98 STAFF WAS DIRECTED TO:
5. 10:30 A.M. - ANIMAL CARE AND CONTROL ORDINANCE REVIEW DISCUSSED 2-17-98 STAFF WAS DIRECTED TO:
RECESS At 11:50 a.m., the Chair declared a recess. RECONVENE At 2:00 p.m., the Board reconvened with Commissioners Aaronson, Foster, Lee, Marcus, McCarty, Newell and Roberts present. 6. 2:00 P.M. - MUNICIPAL LEAGUE/COUNTYWIDE EFFECT OF ORDINANCES. DISCUSSED 2-17-98 STAFF WAS DIRECTED TO:
3. REGULAR AGENDA TIME CERTAIN - 2:15 P.M. 3.C.2. DOCUMENT R-98-188-D LETTER OF INTENT WITH ARENA AT CLEMATIS, INC., (AAC) FOR SIX MONTHS FROM THE DATE OF EXECUTION TO FULFILL THE CONDITIONS SET FORTH IN EXHIBIT A FOR THE PROPOSED CONSTRUCTION OF AN ARENA ON CLEMATIS STREET. APPROVED AS AMENDED 2-17-98 County Administrator Weisman stated that the letter outlined the County requirement that if the Board determined the Arena revenues would not result in at least $1.5 Million annually the Arena people would demonstrate that alternative revenues would be available to cover any shortfall. He further stated that there are provisions for a six-month negotiating period by the County with South Florida Fair and Palm Beach County Expositions, Inc. and Florida Atlantic University. The Board could either consider terminating the letter of intent agreement at that time or, if warranted, ask for a time extension. But at the end of the period, AAC would know they were the sole private or public party for negotiations. Commissioner Roberts stated that six months was probably enough time and asked that the agreement remain as it was written. The Board has leverage to extend the agreement for a longer period if needed. Commissioner Newell was told that AAC had an option on property for the arena. Commissioner Marcus requested that the County consider conducting its own independent analysis study for information and arena revenues. She said she supported the arena project but was unwilling to issue County tax exempt bonds. She asked if the $1.5 Million was the total cost of construction of the facility. Mr. Weisman replied it was only partial and the remainder would have to be financed with private funding. Commissioner Marcus stated that if the County were to benefit by the arena, she had no problem returning profits back into the arena. She did not want to use taxpayer dollars to supplement shortages. Commissioner Lee recalled that when the Palm Beach Seaport Aquarium funding was addressed the Board considered creating three levels of funding reserves; one level from the bonds, a second based on the money that the aquarium people would raise and a third to use before the County would be exposed to any funding. She suggested similar funding levels be considered. Mr. Weisman replied an alternative would be to not approve the letter of intent and ask AAC to come back with more justification. Commissioners Foster and McCarty urged giving AAC the six-month opportunity. Commissioner Newell asked if ad valorem taxes would be paid on the property owned by AAC. The structure that AAC was contemplating would probably involve a nominal governmental ownership giving them ad valorem tax exempt status. Upon discussion related to the possible issuance of tax exempt bonds the letter of intent, was amended to reflect new language as follows: County covenants and agrees that in the event the Board of County Commissioners elects to enter into a "public-private
agreement" with AAC for the proposed Project, the County Commissioner Aaronson agreed with Commissioner Marcus and stated he would like to have the County hire its own firm to conduct an independent analysis study of the arena revenue. The study would be financed by AAC. MOTION to approve the letter of intent as amended. Motion by Commissioner Foster, seconded by Commissioner Roberts and carried 7-0. Commissioner Marcus was unclear if the County would select a firm to handle the independent analysis study, Commissioner Aaronson replied that Mr. Weisman would be responsible for doing so. WORKSHOP (Clerk's Note: The following item was considered by the Board at this time.) 7. 3:00 P.M. AGRICULTURAL RESERVE LAND DEVELOPMENT REGULATIONS/PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS (PACE) COMMITTEE - AGRICULTURAL RESERVE BOND ISSUE. DISCUSSED 2-17-98 STAFF WAS DIRECTED TO:
(CLERK'S NOTE: Commissioners Foster and McCarty left the meeting.)
MOTION to approve advertising the ordinance amendments for first reading and for public hearing on March 17, 1998. Motion by Commissioner Lee, seconded by Commissioner Newell and carried 4-1. Commissioner Roberts opposed. Commissioners Foster and McCarty absent. 3. REGULAR AGENDA 3.A. CLERK 3.A.1. WARRANT LIST DATED FEBRUARY 13, 1998. APPROVED 2-17-98 COMPUTER CHECKS $15,412,467.95 WIRE TRANSFERS 33,064,490.53 MANUAL CHECKS 348,894.90 TRUSTEE DISBURSEMENTS 0.00 $48,825,853.38 MOTION to approve the Warrant List. Motion by Commissioner Newell, seconded by Commissioner Roberts and carried 5-0. Commissioners Foster and McCarty absent. 3.A.2. CONTRACTS ON THE CONTRACT LIST EXECUTED BY THE PURCHASING DIRECTOR OR TOURIST DEVELOPMENT DIRECTOR: a. PURCHASE ORDER WITH GILLIG CORPORATION FOR $2,040,980 TO PURCHASE TWO 40-FOOT BUSES AND SIX 35-FOOT BUSES WITH VARIOUS ACCESSORIES. POSTPONED UNTIL FEBRUARY 24, 1998. b. DOCUMENT R-98-189-D PURCHASE OF BUNKER GEAR ON AN AS NEEDED BASIS, FROM MARCH 30, 1998, THROUGH MARCH 1, 1999, FROM SAFETY EQUIPMENT COMPANY FOR $230,000. APPROVED 2-17-98 c. TERM CONTRACT TO SUPPLY FRESH, FROZEN AND/OR CANNED FOODS FOR VARIOUS DEPARTMENTAL PROGRAMS FROM MARCH 1, 1998, THROUGH FEBRUARY 28, 1999, FROM A SUPPLIER TO BE DETERMINED BY SPOT MARKET QUOTE FOR $258,000. APPROVED 2-17-98 d. DOCUMENT R-98-190-D RENEWAL OF CONTRACT WITH MONTGOMERY KONE, INC., TO PROVIDE ELEVATOR/ESCALATOR MAINTENANCE FOR THE JUDICIAL CENTER FROM FEBRUARY 17, 1998, THROUGH FEBRUARY 16, 1999, FOR $174,000. (AMENDS R-97-165-D) APPROVED 2-17-98 e. DOCUMENT R-98-191-D CONTRACT WITH MIDWEST TRAFFIC PRODUCTS, INC., TO PROVIDE TRAFFIC SIGNAL PRE-EMPTION SYSTEM AND EQUIPMENT FROM FEBRUARY 17, 1998, THROUGH FEBRUARY 16, 2001, FOR $343,000. APPROVED 2-17-98 f. DOCUMENT R-98-192-D CATEGORY B GRANT AGREEMENT FOR $25,000 WITH CONCERT HALL AT MIZNER PARK, INC., FOR CONSULTING SERVICES IN THE AREA OF STRATEGIC AND FUNDING PLAN FOR DEVELOPMENT OF A CONCERT HALL AT MIZNER PARK IN BOCA RATON. APPROVED 2-17-98 g. DOCUMENT R-98-193-D CATEGORY G GRANT AGREEMENT FOR $5,000 WITH U.S. AMATEUR CONFEDERATION OF ROLLER SKATING, DBA USA ROLLER SKATING, FOR THE 1998 U.S. QUAD NATIONAL SPEED SKATING CHAMPIONSHIP. APPROVED 2-17-98 MOTION to approve the contracts on the contract list. Motion by Commissioner Newell, and seconded by Commissioner Marcus. Commissioner Roberts asked for the reason two 40-foot buses were being considered for purchase since the Cutter report recommended not to purchase standard-floor large buses. County Administrator Weisman replied the buses were replacements. He agreed to postpone the purchase order until the February 24, 1998, meeting which would allow staff time to present the proposal to Cutter for review and recommendations. AMENDED MOTION to exclude the purchase of the buses. The maker and seconder agreed. UPON CALL FOR A VOTE, the motion carried 5-0. Commissioners Foster and McCarty absent. 3.B. FACILITIES DEVELOPMENT AND OPERATIONS 3.B.1. DOCUMENT R-98-194-D CONTRACT WITH O'BRIEN KREITZBERG TO PROVIDE PROGRAM MANAGEMENT SERVICES ON THE PALM BEACH COUNTY CONVENTION CENTER IN THE AMOUNT OF $29,034 AND $1,910 FOR REIMBURSABLE FOR PHASE 1 SERVICES. APPROVED 2-17-98 MOTION to approve the contract. Motion by Commissioner Newell, seconded by Commissioner Roberts and carried 5-0. Commissioners Foster and McCarty absent. 3.C. COUNTY ATTORNEY 3.C.1. DELETED 3.D. PUBLIC AFFAIRS 3.D.1. a. RESOLUTION R-98-195 RESOLUTION SUPPORTING UNITED STATES CONGRESSIONAL BILL H.R. 1231 WHICH CREATES THE POST OFFICE RELOCATION ACT OF 1997. ADOPTED 2-17-98 b. RESOLUTION R-98-196 RESOLUTION SUPPORTING UNITED STATES CONGRESSIONAL BILL H.R. 3016 AND SENATE BILL S.B. 1350 AMENDING SECTION 332(C)(7)(B) OF THE COMMUNICATIONS ACT OF 1934. ADOPTED 2-17-98 c. RESOLUTION R-98-197 RESOLUTION OPPOSING THE STATE OF FLORIDA HOUSE BILL 3291, TELECOMMUNICATIONS RIGHTS-OF-WAY ACT. ADOPTED 2-17-98 d. RESOLUTION R-98-198 RESOLUTION REQUESTING THE FLORIDA LEGISLATURE TO ESTABLISH A PROCESS TO FAIRLY DISPERSE BACK TO THE COUNTY ITS SHARE OF REVENUE COLLECTED THROUGH THE SALTWATER LICENSE FEES. ADOPTED 2-17-98 MOTION to adopt the resolutions. Motion by Commissioner Roberts, seconded by Commissioner Lee and carried 5-0. Commissioners Foster and McCarty absent. 3.D.2. FUNDING FOR $1,500 FOR A COMMUNITY CONSENSUS-BUILDING EVENT ON FEBRUARY 21, 1998, TO UPDATE THE WESTGATE/BELVEDERE HOMES COMMUNITY REDEVELOPMENT AGENCY MASTER PLAN. APPROVED 2-17-98 MOTION to approve the funding. Motion by Commissioner Roberts, seconded by Commissioner Lee and carried 5-0. Commissioners Foster and McCarty absent. 8. ADJOURNMENT The Chair declared the meeting adjourned at 5:20 p.m. ATTESTED: APPROVED: Clerk Chairman |