MEETING: BOARD OF COUNTY COMMISSIONERS, REGULAR/WORKSHOP

1. CALL TO ORDER: March 24, 1998, at 9:35 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 - Absent

Commissioner Mary McCarty

Commissioner Karen T. Marcus

Commissioner Warren H. Newell - Absent

Commissioner Carol A. Roberts

County Administrator Robert Weisman

County Attorney Denise Dytrych

Deputy Clerk Carla Zafra

2. AGENDA APPROVAL

2.A. ADDITIONS, DELETIONS, SUBSTITUTIONS

County Administrator Weisman noted the Agenda changes as follows:

PAGE ITEM

2 3B-1 REVISED TITLE & SUMMARY: Staff recommends motion to adopt:

A) a Resolution authorizing the issuance of General Obligation Refunding Bonds, in the aggregate principal amount not to exceed $55,000,000 $50,000,000 for the purpose of refunding a portion of the County's General Obligation Bonds, Series 1991 and the County's General Obligation Bonds, Series 1994, pledging the full faith, credit and taxing power of the County to secure repayment of the bonds; making certain covenants and agreements in connection therewith; authorizing the execution and delivery of a bond purchase contract for such bonds, authorizing the execution of an escrow deposit agreement or agreements with the Bank of New York as escrow agent; fixing the date, denominations, maturities, interest rates and other details with respect to such bonds; authorizing the use of an official statement in connection with the distribution of such bonds and other action in connection with the issuance and delivery of such bonds; deeming final a preliminary official statement with respect to such bonds; designating a paying agent and registrar for such bonds; adopting a book entry system of registration for the bonds; authorizing the proper officials to do all other things deemed necessary or advisable in connection with the issuance of such bonds; providing for continuing disclosure; providing for certain other matters in connection therewith; and providing an effective date.

B) a Resolution amending and supplementing R98-___ adopted on March 24, 1998, which authorizes the issuance of General Obligation Refunding Bonds, Series 1998, in the aggregate principal amount not to exceed

3.B.1. - CONTINUED $55,000,000 $50,000,000; authorizing the Chairman, Vice Chair or any Commissioner to approve the terms of a bond purchase contract for such bonds, as provided herein; and providing an effective date.

SUMMARY: On February 24, 1998, the Board approved moving forward with a conventional refunding of all or a portion of the County's 1991 and 1994 outstanding general obligation bonds. We are asking the Board to approve the Resolution authorizing the issuance of the bonds and a Resolution delegating the authority to sign the bond purchase agreement when we can sell the refunding bonds at a net present value of approximately 5%. Countywide (OFMB)

2 3B-2 ADD-ON: Staff recommends motion to approve:

A) Amendment No. 7 to the Agreement for Auditing Services between Palm Beach County and Arthur Andersen LLP, expanding the scope of work to include the evaluation of the appropriate organizational structure of the BCC's finance function, in an amount not to exceed $18,000; and

B) Budget Transfer of $18,000 from General Fund Contingency to other contractual services in the OFMB budget.

SUMMARY: On June 23, 1992 (R92-872D) the BCC entered into an Agreement with Arthur Andersen to provide audit services to Palm Beach County, as well as the constitutional officers of the County. All work performed under the initial Agreement and Amendments thereto has been satisfactory. The Agreement provides for additional services through an Amendment if the Board so desires. The Joint Committee to Increase County Government Efficiency (The Joint Committee), has recommended that the County seek the services of an outside consultant to evaluate whether a revision in the organizational structure of the BCC's finance function would be beneficial. Arthur Andersen has submitted a proposal and scope of work to provide said services. A budget transfer of $18,000 is required to fund the services to be provided.

The Board should be aware that this amendment contains language that requires the County to indemnify Arthur Andersen for its costs of defending any third party claims against them, to the extent that such costs exceed $18,000. Countywide (OFMB)

2 3D-1 ADD-ON: Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, supporting the enactment of the proposed Forever Florida Program, or any similarly-designed program, by the Florida Legislature and the inclusion of adequate funds in that program for matching with local governments responsible for the management of publicly-owned lands. SUMMARY: The Preservation 2000 Program developed by the State of Florida for acquisition of environmentally sensitive lands will be concluded within the next two years. The Florida Legislature currently is considering legislation to enact a new land and water conservation program, which may be entitled "Forever Florida", to continue this

3.D.1. - CONTINUED vitally important work. Palm Beach County has received over $37 million in state matching funds from the Preservation 2000 Program to assist in its land acquisition efforts, but has received no state funds for the management of these lands. The County anticipates applying for and receiving additional state funds for land acquisition during the remaining years of the Preservation 2000 Program and any subsequent land acquisition program enacted by the Legislature. Therefore, it would be in the best interests of the County and its citizens for the County to support the new land and water conservation program now under consideration and to support the inclusion of management funds in that program for both conservation lands currently managed by the County and conservation lands anticipated to be acquired in future Countywide (HJ) (ERM)

2.B. ADOPTION

MOTION to adopt the Agenda as amended. Motion by Commissioner Marcus, seconded by Commissioner Roberts and carried 5-0. Commissioners Foster and Newell absent.

3. REGULAR AGENDA - See Pages 3-6.

WORKSHOP ITEMS

4. 9:30 A.M. - GEOGRAPHIC INFORMATION SYSTEM INFORMATION (GIS) POLICY DISCUSSED 3-24-98

STAFF WAS DIRECTED TO:

• Ensure that the customer service staff is paid through the GIS Program.

3. REGULAR AGENDA

3.A. CLERK

3.A.1.

WARRANT LIST DATED MARCH 23, 1998. APPROVED 3-24-98

COMPUTER CHECKS $11,124,993.66

WIRE TRANSFERS 1,519,374.38

MANUAL CHECKS 0.00

$12,644,368.04

MOTION to approve the warrant list. Motion by Commissioner Marcus, seconded by Commissioner Roberts and carried 5-0. Commissioners Foster and Newell absent.

3.A.2.

CONTRACTS ON THE CONTRACT LIST EXECUTED BY THE PURCHASING DIRECTOR OR TOURIST DEVELOPMENT DIRECTOR:

a.

RENEWAL OF TERM CONTRACT WITH SEMSCO FOR $182,000 TO PROVIDE PIPE, PVC, GALVANIZED AND DUCTILE IRON FROM APRIL 1, 1998, THROUGH OCTOBER 1, 1999. APPROVED 3-24-98

b.

RENEWAL OF TERM CONTRACT WITH U.S. PIPE & FOUNDRY COMPANY, INC., FOR $182,000 TO PROVIDE PIPE, PVC, GALVANIZED AND DUCTILE IRON FROM APRIL 1, 1998, THROUGH OCTOBER 1, 1999. APPROVED 3-24-98

c.

INCREASE FROM $237,300 TO $261,000 IN TERM CONTRACT WITH H & H LIQUID SLUDGE DISPOSAL, INC., FOR HAULING AND DISPOSAL OF SEWAGE CAKE SLUDGE FROM NOVEMBER 26, 1996, THROUGH MAY 25, 1998. APPROVED 3-24-98

MOTION to approve Contracts on the Contract List. Motion by Commissioner Marcus, seconded by Commissioner Roberts and carried 5-0. Commissioners Foster and Newell absent.

UNSCHEDULED ITEMS

3.A.3.

LETTER FROM COUNTY ATTORNEY DYTRYCH IN RESPONSE TO A LETTER FROM STATE REPRESENTATIVE BARRY SILVER TO COMMISSIONER AARONSON RESPONDING TO AN ALLEGATION OF FEEDING MISINFORMATION. DISCUSSED 3-24-98

Commissioner McCarty asked County Attorney Dytrych to clarify certain contents of her letter to Representative Silver.

3.A.4.

CONVERSATION BETWEEN COUNTY ATTORNEY DYTRYCH AND REPRESENTATIVE BARRY SILVER REGARDING THE PHANTOM CASE. DISCUSSED 3-24-98

The County is involved in an ongoing litigation with Marie O. Frabel, the owner of a dog named Phantom for allegedly biting a 10-year old girl in 1995. County Attorney Dytrych stated that Representative Silver, who represents Ms. Frabel, approached her during a recent function in Tallahassee for Palm Beach County Day and asked if she would agree to a continuance of the Phantom case until after the legislative session. When she refused, she said Representative Silver stated he would not support the County's legislative package.

The Board stated the issue required further investigation and County Attorney Dytrych said she would review it.

3.B. OFFICE OF FINANCIAL MANAGEMENT AND BUDGET

3.B.1.

a. RESOLUTION R-98-401

RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF $55 MILLION TO REFUND A PORTION OF THE GENERAL OBLIGATION BONDS, SERIES 1991 AND SERIES 1994. ADOPTED 3-24-98

b. RESOLUTION R-98-402

RESOLUTION AMENDING AND SUPPLEMENTING A RESOLUTION WHICH AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 1998, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $55 MILLION. (AMENDS R-98-401) ADOPTED 3-24-98

MOTION to adopt both resolutions. Motion by Commissioner Roberts, seconded by Commissioner Marcus and carried 5-0. Commissioners Foster and Newell absent.

3.B.2.

a. DOCUMENT R-98-403-D

AMENDMENT 7 TO AGREEMENT FOR AUDITING SERVICES WITH ARTHUR ANDERSEN & COMPANY FOR A NOT-TO-EXCEED AMOUNT OF $18,000, TO INCLUDE EVALUATION OF THE APPROPRIATE ORGANIZATIONAL STRUCTURE OF THE FINANCE FUNCTION OF THE BOARD OF COUNTY COMMISSIONERS. (AMENDS R-92-872-D) APPROVED 3-24-98

b. BUDGET TRANSFER 98-596

BUDGET TRANSFER OF $18,000 IN THE GENERAL FUND FROM GENERAL FUND CONTINGENCY RESERVES TO OFFICE OF FINANCIAL MANAGEMENT AND BUDGET FOR AUDITING SERVICES WITH ARTHUR ANDERSEN & COMPANY TO INCLUDE EVALUATION OF THE APPROPRIATE ORGANIZATIONAL STRUCTURE OF THE FINANCE FUNCTION OF THE BOARD OF COUNTY COMMISSIONERS. APPROVED 3-24-98

MOTION to approve the amendment to the agreement and the budget transfer. Motion by Commissioner Marcus, seconded by Commissioner McCarty and carried 5-0. Commissioners Foster and Newell absent.

3.C. COUNTY ATTORNEY

3.C.1.

LETTER OF COMMISSIONER AARONSON ON BEHALF OF THE BCC RESPONDING TO VERIFIED COMPLAINT IN THE CASE OF EDUCATION DEVELOPMENT CENTER, INC., DBA MY FIRST STEP CHILD DAY CARE CENTER; MARGIE L. BELLAMY SAC MERCANTILE, INC., DBA ARMY NAVY OUTDOORS; DAVID W. SPRING; AND THE ASSOCIATION FOR NEIGHBORHOOD PRESERVATION, INC., V. THE COUNTY REGARDING THE FINDING THAT SALVATION ARMY PETITION IS CONSISTENT WITH THE COMPREHENSIVE PLAN. APPROVED 3-24-98

PUBLIC COMMENT:

J. Barry Curtin, attorney for Concerned Citizens for the Preservation of Vilma Lane & Neighboring Communities, urged the Board to reconsider its decision approving Petition 97-88 to avoid litigation.

MOTION to approve issuing Commissioner Aaronson's letter responding to the verified complaint. Motion by Commissioner Roberts, seconded by Commissioner Marcus and carried 5-0. Commissioners Foster and Newell absent.

3.D. ENVIRONMENTAL RESOURCES MANAGEMENT

3.D.1. RESOLUTION R-98-404

RESOLUTION SUPPORTING THE ENACTMENT OF THE PROPOSED FOREVER FLORIDA PROGRAM OR ANY SIMILARLY DESIGNED PROGRAM BY THE FLORIDA LEGISLATURE AND THE INCLUSION OF MANAGEMENT FUNDS IN THE PROPOSED PROGRAM FOR MATCHING WITH LOCAL GOVERNMENTS RESPONSIBLE FOR THE MANAGEMENT OF PUBLICLY OWNED CONSERVATION LANDS. ADOPTED 3-24-98

MOTION to adopt the resolution. Motion by Commissioner Marcus, seconded by Commissioner Lee and carried 5-0. Commissioners Foster and Newell absent.

4. See Page 3.

RECESS

At 10:08 a.m., the Chair declared a recess.

RECONVENE

At 10:30 a.m., the Board reconvened with Commissioners Aaronson, Lee, McCarty, Marcus and Roberts present.

5. 10:30 A.M. - MOUNTS BOTANICAL GARDENS UPDATE DISCUSSED 3-24-98

STAFF WAS DIRECTED TO:

• In response to staff's request for a 15 percent contribution toward the cost of operations, the Board requested staff determine the cost amount.
• Contact Parks and Recreations Director Dennis Eshleman regarding contract with Morikami Park to determine the level of support the park is receiving.
• Determine which public facilities should be supported.

• Consider the following County-owned properties as a possible site: (1) Fox Property; (2) rockpit in the old Sheriff's Office Shooting Range off Sansbury Road; (3) North County General Aviation Airport area; (4) Okeeheelee Park; (5) land being offered by the Game and Freshwater Fish Commission; (6) if approved, Agricultural Reserve west of State Road 7; and (7) South County Park.

• Hold another workshop involving representatives from Morikami Park, Dreher Park Zoo and Seaport Aquarium.

RECESS

At 11:30 a.m., the Chair declared a recess.

RECONVENE

At 2:00 p.m., the Board reconvened with Commissioners Aaronson, Lee, McCarty and Roberts present.

6. 2:00 P.M. - DISADVANTAGED BUSINESS PROGRAM/OVERVIEW OF SMALL BUSINESS AND MINORITY/WOMEN'S BUSINESS ENTERPRISE PROGRAMS DISCUSSED 3-24-98

STAFF WAS DIRECTED TO:

• Focus on increasing the number of small businesses that can do business with the County.
• Request the Business Development Board to establish a directory of sources of assistance.
• Designate the export/import training seminars to the Business Development Board.

• Review purchasing practices and how piggyback contracts, sole source contracts and state contracts discourage small businesses.

• Combine the Small Business Advisory Board and the Review of Small Business Practices under one heading on the program summary.
• Consider $2 Million or $3 Million in gross receipts annually for size standards instead of the proposed $7 Million over a three-year period.

• Focus on reviewing internal purchasing practices and complete the review by September, 1998, prior to the beginning of the new budget year, instead of the proposed December, 1998, time frame.
• Coordinate with the Director of Public Affairs, Denise Cote, regarding the legislative alert.
• Require the ombudsman service on a short-term basis, not to exceed two years.

MOTION to approve the amendment to the existing language under the ranking of responsive bidders, adding the plus 1 percent of the total bid in excess of $1 Million. Motion by Commissioner Lee and seconded by Commissioner Roberts.

• Consider, apart from the proposed amendment to the existing language under the ranking of responsive bidders to add plus 1 percent of the total bid in excess of $1 Million, another percent of total bid in excess of $10 Million.

AMENDED MOTION to approve the amendment to the existing language under the ranking of responsive bidders, adding the plus 1 percent of the total bid in excess of $1 Million, adding 2 percent in excess of the total $10 Million. Motion by Commissioner Lee, seconded by Commissioner Roberts and carried 4-0. Commissioners Foster, Marcus and Newell absent.

7. ADJOURNMENT

The Chair declared the meeting adjourned at 3:15 p.m.

ATTESTED: APPROVED:

Clerk Chairman