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MEETING: BOARD OF COUNTY COMMISSIONERS, REGULAR 1. CALL TO ORDER: November 17, 1998, at 11:55 a.m., in the Palm Beach County Governmental Center, West Palm Beach, Florida. 1.A. ROLL CALL MEMBERS AND OFFICERS PRESENT: Chair Maude Ford Lee Vice-Chair Warren H. Newell Commissioner Burt Aaronson Commissioner Mary McCarty Commissioner Karen T. Marcus Commissioner Tony Masilotti Commissioner Carol A. Roberts - Arrived later County Administrator Robert Weisman County Attorney Denise Dytrych Chief Deputy Clerk John W. Dame Deputy Clerk Carla Valcarcel 2. AGENDA APPROVAL 2.A. ADDITIONS, DELETIONS, SUBSTITUTIONS County Administrator Weisman noted the Agenda changes as follows: PAGE ITEM 8 3A-6 DELETED: A) a consulting services Contract with Patricia Bidol Pavda ... and B) the Expenditure of $7,500 from the Agricultural Economic Development Program Fund for these contractual services. (Adm) (Purchasing will handle) 9 3B-4 DELETED: The following reports and fees were submitted to the Office of the Clerk to the Board on or before October 31, 1998, according to F.S. 218.36. The Clerk has submitted a total of $3,611,424.84 in excess fees and unexpended budget to the Board. The Tax Collector has submitted a total of $17,992,777.81 in excess fees. The Board's portion of the fees is $14,668,871.82 and the remaining balance has been returned to other appropriate government entities. The Property Appraiser has submitted a total of $1,579,817.45 in excess fees. ... (Clerk) (Moved to 12/15/98) 17 3S-1 DELETED: the Submittal of a Grant Application in the amount of $11,569.58 ... (Fire Rescue) (Further staff review) 19 4A REVISED MOTION: Staff recommends motion to continue to December 15, 1998 at 9:30 a.m.: ... (Co Atty) 20 5B-2 ADD-ON: Agreement with the law firm of Barry S. Balmuth, P.A., for legal services for the handling of up to 200 parcels in connection with eminent domain litigation for various County road projects in an amount not to exceed $650,000 which includes $50,000 for costs and expenses. SUMMARY: The 200 parcels anticipated are part of approximately 400 parcels being submitted to the County Attorney's Office by the Engineering Department, the Department of Airports and various other Departments on an expedited basis. Countywide (SAB) (Co Atty) 20 5D-1 ADD-ON: Staff recommends motion to approve: Modification No. 1 to an Agreement with the State of Florida, Department of Community Affairs (DCA), for participation in the Residential Construction Mitigation Program (RCMP) for the period ending June 1, 1999. SUMMARY: The Residential Construction Mitigation Program was created by the Florida Department of Community Affairs as a result of the catastrophic devastation caused by Hurricane Andrew. Modification #1 raises the number of homeowners that will receive assistance from 66 to 97 as selected by the DCA. These homeowners are Florida Wind Underwriting Association (FWUA) policy holders whose homes are located in the windstorm zone, east of Interstate 95. While the agreement authorized up to $15,000 as a forgiven loan to these homeowners, modification #1 offers them forgiven loans up to a certain amount established by the State on a case by case basis. The forgiven loans are intended to retrofit/rehabilitate their homes to render them less vulnerable to future wind related damage. The agreement provided for an initial payment to the County for program administration expenses in the amount of $25,000 on one time basis, and then provided for a $1,250 payment after that for each retrofitted home. The Modification retains the original payment of $25,000, and substitutes the $1,250 payment for each home with a one time payment of another $25,000. No fixed amount was established for the agreement since expenditures were to have depend on the number of participating homeowners and the cost of retrofit work at each home. The estimated value of the agreement was $1,097,500. The Modification establishes $887,174.40 as the maximum amount to be received by Palm Beach County under this program in addition to the sum of $50,000 for administrative costs as mentioned above. These are State funds and do not require a local match. Districts 1,2,3,4 and 7 (TKF) (HCD) 2.B. ADOPTION MOTION to adopt the Agenda as amended. Motion by Commissioner Marcus, seconded by Commissioner McCarty and carried 6-0. Commissioner Roberts absent. (CLERK'S NOTE: Commissioner Roberts joined the meeting.) 3. CONSENT AGENDA - See Page 13 for approval. 4. PUBLIC HEARINGS - 10:00 A.M. - See Pages 13-14. 5. REGULAR AGENDA - See Pages 14-15. 6. BOARD APPOINTMENTS - See Page 15. 7. STAFF COMMENTS - See Page 15. 8. COMMISSIONER COMMENTS - See Pages 15-17. 9. ADJOURNMENT - See Page 17. ***** CONSENT AGENDA APPROVAL ***** 3. CONSENT AGENDA 3.A. ADMINISTRATION 3.A.1. a. DOCUMENT R-98-1917-D JOB GROWTH INCENTIVE GRANT AGREEMENT WITH RELIANCE LAMP COMPANY, INC., FOR $26,500 TO SUPPORT THE RELOCATION OF THE COMPANY'S HEADQUARTERS AND MANUFACTURING FACILITY FROM HAUPPAUGE, NEW YORK, TO THE CITY OF BOYNTON BEACH FOR 48 MONTHS EFFECTIVE NOVEMBER 15, 1998. THE AGREEMENT REQUIRES THE COMPANY TO CREATE 53 FULL-TIME JOBS IN THE COUNTY. APPROVED 11-17-98 b. BUDGET TRANSFER 99-136 BUDGET TRANSFER OF $26,500 IN THE ECONOMIC DEVELOPMENT FUND FROM THE ECONOMIC DEVELOPMENT RESERVES ACCOUNT TO THE RELIANCE LAMP COMPANY, INC., GRANT ACCOUNT. APPROVED 11-17-98 3.A.2. RECEIVE AND FILE RESOLUTION 2270 OF THE CITY COMMISSION OF BELLE GLADE OPPOSING THE SALE OF GLADES GENERAL HOSPITAL TO A PRIVATE ENTITY; RECOGNIZING THE NEED FOR AFFORDABLE HEALTH CARE IN THE GLADES; RECOGNIZING THE POTENTIAL LOSS OF TAXPAYER DOLLARS; AND RECOGNIZING CURRENT REVENUE MEETING OPERATIONAL REQUIREMENTS. APPROVED 11-17-98
3.A.3. DOCUMENT R-98-1918-D RECEIVE AND FILE A FULLY EXECUTED AGREEMENT WITH HORACIO KLEIN, D.V.M., FOR RELIEF VETERINARY SERVICES FOR A NOT-TO- EXCEED AMOUNT OF $21,000 FROM OCTOBER 5, 1998, THROUGH SEPTEMBER 30, 1999. APPROVED 11-17-98
3.A.4. DOCUMENT R-98-1919-D RECEIVE AND FILE A FULLY EXECUTED STATEMENT SIGNED BY JET AVIATION VICE-PRESIDENT THOMAS W. MITCHELL CONCURRING THAT A SCRIVENER'S ERROR OCCURRED IN THE DRAFTING OF THE THIRD AMENDMENT TO THE LEASE AGREEMENT WITH JET AVIATION. (AMENDS R-97-2017-D) APPROVED 11-17-98 3.A.5.
RATIFY THE CHAIR'S SIGNATURE ON A MODIFICATION TO A CHARGE RESOLUTION CONTRACT WITH THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, INCREASING THE ORIGINAL CONTRACT AMOUNT OF $20,260.85 BY $30,000 FOR A NEW TOTAL OF $50,260.852 FOR PROCESSING AND RESOLVING EMPLOYMENT DISCRIMINATION COMPLAINTS BY THE OFFICE OF EQUAL OPPORTUNITY. (AMENDS R-96-796-D) APPROVED 11-17-98 b. BUDGET AMENDMENT 99-173 BUDGET AMENDMENT OF $30,000 IN THE OFFICE OF EQUAL OPPORTUNITY FUND FOR THE RECEIPT OF REVENUE AND EXPENDITURE OF REVENUE GENERATED BY THE CONTRACT MODIFICATION WITH THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. APPROVED 11-17-98 3.A.6. DELETED 3.B. CLERK 3.B.1. WARRANT LIST WARRANT LIST DATED NOVEMBER 16, 1998. APPROVED 11-17-98 COMPUTER CHECKS $ 7,573,218.01 WIRE TRANSFERS 23,621,261.48 MANUAL CHECKS 16,600.00 $31,211,079.49 3.B.2. MINUTES MINUTES OF THE SEPTEMBER 1 REGULAR BCC MEETING; SEPTEMBER 8 BUDGET PUBLIC HEARING; SEPTEMBER 15 REGULAR BCC AND CHILD CARE MEETINGS; SEPTEMBER 16 COMPREHENSIVE PLAN MEETING; SEPTEMBER 24 ZONING AND BUDGET ADOPTION MEETINGS; SEPTEMBER 29 REGULAR BCC/WORKSHOP MEETING; AND OCTOBER 6, 1998, REGULAR BCC AND JOINT MEETING WITH THE CITY OF WEST PALM BEACH. APPROVED 11-17-98 3.B.3. CONTRACTS ON CONTRACT LIST CONTRACTS ON THE CONTRACT LIST EXECUTED BY THE PURCHASING DIRECTOR: a. RENEWAL OF TERM CONTRACT WITH AMERICAN BUILDING MAINTENANCE FOR $858,200 FOR CUSTODIAL SERVICES FOR THE GOVERNMENTAL CENTER, COURTHOUSE AND STATE ATTORNEY BUILDING FROM DECEMBER 1, 1998, THROUGH NOVEMBER 30, 1999. APPROVED 11-17-98 b. RENEWAL OF TERM CONTRACT WITH AMERICAN BUILDING MAINTENANCE FOR $950,000 FOR CUSTODIAL SERVICES FOR THE NORTH AND SOUTH COUNTY BUILDINGS FROM DECEMBER 1, 1998, THROUGH NOVEMBER 30, 1999. APPROVED 11-17-98 c. DOCUMENT R-98-1921-D PURCHASE FROM PERKIN ELMER CORPORATION OF AN ELAN 6000 INDUCTIVELY COUPLED PLASMA MASS SPECTROPHOTOMETER FOR $187,131.26 FOR THE ANALYSIS OF METALS IN WATER SAMPLES. APPROVED 11-17-98 d. TERM CONTRACT WITH THE FOLLOWING VENDORS FOR A TOTAL OF $305,000 FOR THE PURCHASE OF UNIFORMS/CLOTHING ON AN AS-NEEDED BASIS FROM NOVEMBER 17, 1998, THROUGH NOVEMBER 16, 1999: (1) MARTIN LAMAR UNIFORMS; (2) HARRISON UNIFORM COMPANY; (3) BIG AL'S SPORTING GOODS, INC.; (4) SWEET IDEAS COMPANY; (5) GOLD NUGGET, DBA ARGO UNIFORM; (6) UNIFORMS MANUFACTURING, INC.; (7) BODY PRIDE, INC.; AND (8) J.R. CUSTOM TEES OF FLORIDA, INC. APPROVED 11-17-98 e. DOCUMENT R-98-1922-D RENEWAL OF CONTRACT WITH G.A. FOOD SERVICES, INC., FOR $1,368,093 FOR CONGREGATE AND HOME-DELIVERED MEALS FROM JANUARY 1, 1999, THROUGH DECEMBER 31, 1999. (AMENDS R-97-2096-D) APPROVED 11-17-98 3.B.4. DELETED 3.C. ENGINEERING AND PUBLIC WORKS 3.C.1. a. APPRAISAL AND ACQUISITION OF THREE PARCELS OF LAND NECESSARY FOR THE CONSTRUCTION AND REALIGNMENT OF GUN CLUB ROAD FROM KIRK ROAD TO CONGRESS AVENUE. APPROVED 11-17-98 b. BUDGET TRANSFER 99-115 BUDGET TRANSFER OF $15,000 IN THE ROAD IMPACT FEE FUND FROM AREA E RESERVES TO THE GUN CLUB ROAD FROM KIRK ROAD TO CONGRESS AVENUE PROJECT. APPROVED 11-17-98 3.C.2. a. DOCUMENT R-98-1923-D AMENDMENT 2 TO THE ANNUAL PAVEMENT MARKING CONTRACT WITH HIGHWAY VALETS, INC., EXTENDING ITS CONTRACT EXPIRATION DATE TO JANUARY 13, 1999, FOR VARIOUS TASK ORDERS. (AMENDS R-96-1556-D) APPROVED 11-17-98 b. DOCUMENT R-98-1924-D AMENDMENT 2 TO THE ANNUAL PAVEMENT MARKING CONTRACT WITH BEST STRIPING, INC., EXTENDING ITS CONTRACT EXPIRATION DATE TO JANUARY 13, 1999, FOR VARIOUS TASK ORDERS. (AMENDS R-96-1557-D) APPROVED 11-17-98 3.C.3. a. DOCUMENT R-98-1925-D AGREEMENT WITH SEACOAST UTILITY AUTHORITY FOR A NOT-TO-EXCEED AMOUNT OF $150,000 FOR ENGINEERING SERVICES TO INCLUDE DESIGNING AND CONSTRUCTION OF WATER MAIN WITHIN THE RIGHT-OF-WAY OF PALMWOOD ROAD BETWEEN CYPRESS ISLAND DRIVE AND FREDERICK SMALL ROAD UNDER THE MUNICIPAL SERVICE TAXING UNIT PROGRAM. APPROVED 11-17-98 b. BUDGET TRANSFER 99-116 BUDGET TRANSFER OF $150,000 IN THE MUNICIPAL SERVICE TAXING UNIT DISTRICT F FUND FROM DISTRICT F RESERVES TO REIMBURSE SEACOAST UTILITY AUTHORITY FOR CONSTRUCTION AND PERMITTING COSTS IN RELATION TO THE PALMWOOD ROAD FROM CYPRESS ISLAND DRIVE TO FREDERICK SMALL ROAD PROJECT. APPROVED 11-17-98 3.C.4. DOCUMENT R-98-1926-D DEED TRANSFERRING TITLE OF COUNTY-OWNED RANCH HOUSE ROAD TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CONGRESS AVENUE AND SOUTHERN BOULEVARD FLYOVER PROJECT AND TEMPORARY EASEMENT FOR ROADWAY CONSTRUCTION ALONG RANCH HOUSE ROAD EAST OF THE CONGRESS AVENUE INTERSECTION. APPROVED 11-17-98
3.C.5. DOCUMENT R-98-1927-D ANNUAL CONSULTANT AGREEMENT WITH MILLER, LEGG & ASSOCIATES, INC., FOR CIVIL ENGINEERING SERVICES AND PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS ON AN AS-NEEDED BASIS FOR VARIOUS COUNTY PROJECTS. APPROVED 11-17-98 3.C.6. PAYMENT TO FLORIDA POWER & LIGHT COMPANY FOR A NOT-TO-EXCEED AMOUNT OF $66,250 FOR RELOCATION OF EXISTING OVERHEAD DISTRIBUTION ELECTRIC POWER LINES FOR THE CONSTRUCTION OF MILITARY TRAIL AT BURNS ROAD INTERSECTION IMPROVEMENTS. APPROVED 11-17-98 3.D. COUNTY ATTORNEY - None 3.E. COMMUNITY SERVICES 3.E.1. a. DOCUMENT R-98-1928-D AMENDMENT 1 TO THE RYAN WHITE COMPREHENSIVE AIDS RESOURCES EMERGENCY ACT CONTRACT WITH THE CENTER FOR FAMILY SERVICES OF PALM BEACH COUNTY, INC., TO DECREASE SUBSTANCE ABUSE COUNSELING BY $12,015. (AMENDS R-98-333-D) APPROVED 11-17-98 b. DOCUMENT R-98-1929-D AMENDMENT 2 TO THE RYAN WHITE COMPREHENSIVE AIDS RESOURCES EMERGENCY ACT CONTRACT WITH LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., TO INCREASE PERMANENCY PLANNING BY $10,587 AND LEGAL SERVICES BY $9,416. NO LOCAL MATCH REQUIRED. (AMENDS R-98-331-D) APPROVED 11-17-98 c. DOCUMENT R-98-1930-D AMENDMENT 2 TO THE RYAN WHITE COMPREHENSIVE AIDS RESOURCES EMERGENCY ACT CONTRACT WITH COMPASS, INC., TO INCREASE TRANSPORTATION BY $1,000. NO LOCAL MATCH REQUIRED. (AMENDS R-98-327-D) APPROVED 11-17-98 d. DOCUMENT R-98-1931-D AMENDMENT 3 TO THE RYAN WHITE COMPREHENSIVE AIDS RESOURCES EMERGENCY ACT CONTRACT WITH CHILDREN'S PLACE & CONNOR'S NURSERY, INC., TO DECREASE HOUSING BY $29,782. (AMENDS R-98-328-D) APPROVED 11-17-98 3.E.2. DELETED 3.E.3. a. DOCUMENT R-98-1932-D CONTRACT WITH THE FLORIDA DEPARTMENT OF ELDER AFFAIRS FOR A NOT-TO-EXCEED AMOUNT OF $55,620 FOR THE EXPANSION OF RESPITE SERVICES BY OFFERING EVENING AND WEEKEND SERVICES UNDER THE RESPITE FOR ELDERS LIVING IN EVERYDAY FAMILIES PROGRAM FROM DECEMBER 1, 1998, THROUGH JUNE 30, 1999. NO LOCAL MATCH REQUIRED. APPROVED 11-17-98 b. BUDGET AMENDMENT 99-213 BUDGET AMENDMENT OF $55,620 IN DIVISION OF SENIOR SERVICES ADMINISTRATION FUND FOR THE EXPANSION OF RESPITE SERVICES UNDER THE RESPITE FOR ELDERS LIVING IN EVERYDAY FAMILIES PROGRAM. APPROVED 11-17-98 3.F. AIRPORTS 3.F.1. LIST OF 12 CHARITABLE ORGANIZATIONS TO BENEFIT FROM COIN PROCEEDS FROM THE FOUNTAINS AT THE PALM BEACH INTERNATIONAL AIRPORT FROM OCTOBER 1, 1998, THROUGH SEPTEMBER 30, 1999: CRIME STOPPERS OF PALM BEACH COUNTY; ADAM WALSH CHILDREN'S FUND; AID TO VICTIMS OF DOMESTIC ASSAULT, INC.; DEAF SERVICE CENTER OF PALM BEACH COUNTY, INC.; PALM BEACH COUNTY KIDNEY ASSOCIATION, INC.; WOMEN SERVICE NETWORK, INC.; CHILDREN'S HOME SOCIETY'S PROJECT SAFE PLACE; COMPASS, INC.; COMPREHENSIVE AIDS PROGRAM; ALZHEIMER'S GREATER PALM BEACH AREA CHAPTER, INC.; URBAN LEAGUE OF PALM BEACH COUNTY; AND BOYS & GIRLS CLUB OF PALM BEACH COUNTY, INC. APPROVED 11-17-98 3.F.2. a. DOCUMENT R-98-1933-D SHARED USE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) REGARDING THE TRANSFERS OF THE FOLLOWING PROPERTIES AND EASEMENTS BETWEEN THE COUNTY AND FDOT FOR THE CONSTRUCTION OF AN INTERSTATE 95 (I-95) AND PALM BEACH INTERNATIONAL AIRPORT INTERCHANGE: (1) PARCEL 100, 1.677 ACRES IN FEE SIMPLE RIGHT-OF-WAY ALONG THE EDGE OF THE EXISTING I-95 RIGHT-OF-WAY BETWEEN SOUTHERN BOULEVARD AND BELVEDERE ROAD; (2) PARCEL 800, A PERMANENT EASEMENT OVER 14.307 ACRES LOCATED IN THE FORMER HILLCREST NEIGHBORHOOD; (3) PARCEL 801, A PERMANENT EASEMENT OVER 1.502 ACRES LOCATED ALONG THE SOUTHERN EDGE OF THE STUB CANAL; (4) PARCEL 700, A TEMPORARY EASEMENT OVER 19.096 ACRES LOCATED ON AIRPORT GROUNDS AT AUSTRALIAN AVENUE AND TURNAGE BOULEVARD; AND (5) PARCEL 702, A TEMPORARY EASEMENT OVER 21,485 SQUARE FEET LOCATED ALONG THE SOUTHERN EDGE OF THE STUB CANAL. APPROVED 11-17-98 b. DOCUMENT R-98-1934-D DEED CONVEYING TO FLORIDA DEPARTMENT OF TRANSPORTATION PARCEL 100, A 1.677-ACRE IN FEE SIMPLE RIGHT-OF-WAY ALONG THE EDGE OF THE EXISTING INTERSTATE 95 RIGHT-OF-WAY BETWEEN SOUTHERN BOULEVARD AND BELVEDERE ROAD. APPROVED 11-17-98 c. DOCUMENT R-98-1935-D PERPETUAL EASEMENT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING PARCEL 800, A PERMANENT EASEMENT OVER 14.307 ACRES LOCATED IN THE FORMER HILLCREST NEIGHBORHOOD FOR DRAINAGE FOR THE INTERSTATE 95 AND PALM BEACH INTERNATIONAL AIRPORT INTERCHANGE. APPROVED 11-17-98 d. DOCUMENT R-98-1936-D TEMPORARY EASEMENT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING PARCEL 700, A 19.096-ACRE PROPERTY LOCATED ON AIRPORT GROUNDS AT AUSTRALIAN AVENUE AND TURNAGE BOULEVARD FOR USE DURING CONSTRUCTION OF THE INTERSTATE 95 AND PALM BEACH INTERNATIONAL AIRPORT INTERCHANGE. APPROVED 11-17-98 e. DOCUMENT R-98-1937-D PERPETUAL EASEMENT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING PARCEL 801, A 1.502-ACRE PROPERTY LOCATED ALONG THE SOUTHERN EDGE OF THE STUB CANAL FOR THE ELEVATED RAMP FOR THE INTERSTATE 95 AND PALM BEACH INTERNATIONAL AIRPORT INTERCHANGE. APPROVED 11-17-98 f. DOCUMENT R-98-1938-D TEMPORARY EASEMENT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING PARCEL 702 LOCATED ALONG THE SOUTHERN EDGE OF THE STUB CANAL FOR USE DURING CONSTRUCTION OF THE INTERSTATE 95 AND PALM BEACH INTERNATIONAL AIRPORT INTERCHANGE. APPROVED 11-17-98 3.F.3. BUDGET TRANSFER 99-138 BUDGET TRANSFER OF $272,385 IN THE IMPROVEMENT AND DEVELOPMENT FUND FROM AIRPORT EXPENDITURES IMPROVEMENT AND DEVELOPMENT RESERVES TO THE NOISE EQUIPMENT ACCOUNT FOR NOISE ABATEMENT PROJECTS ORIGINALLY BUDGETED IN FY 1998. APPROVED 11-17-98 3.G. OFFICE OF FINANCIAL MANAGEMENT AND BUDGET - None 3.H. FACILITIES DEVELOPMENT AND OPERATIONS 3.H.1. DOCUMENT R-98-1939-D AMENDMENT 1 TO INTERLOCAL AGREEMENT WITH THE CITY OF PAHOKEE FOR THE RENEWAL OF SAID AGREEMENT EFFECTIVE JUNE 5, 1999, FOR FIVE YEARS FOR THE OPERATION OF A SATELLITE FLEET MANAGEMENT FACILITY WITHIN THE CITY LIMITS OF PAHOKEE FOR SERVICING OF COUNTY ASSETS OPERATING IN THE WESTERN PART OF THE COUNTY. (AMENDS R-96-690-D) APPROVED 11-17-98
3.H.2. DOCUMENT R-98-1940-D WATER SERVICE AGREEMENT WITH THE TOWN OF JUPITER FOR $37,652.29 FOR WATER AND SEWER SERVICES TO OCEAN CAY PARK IN CONNECTION WITH THE CONSTRUCTION OF A NEW BEACH ACCESS PARK AT THE SOUTHWEST CORNER OF THE INTERSECTION OF MARCINSKI ROAD AND STATE ROAD A1A. APPROVED 11-17-98 3.H.3. DOCUMENT R-98-1941-D AMENDMENT 2 TO THE LEASE AGREEMENT WITH BLUE HERON INDUSTRIAL I PARTNERS, L.P., AS ASSIGNED TO INVESCO INSTITUTIONAL MORTGAGE FUND II, LTD., PROVIDING FOR THE EXTENSION OF THE LEASE OF A 20,000-SQUARE-FOOT WAREHOUSE/OFFICE SPACE AT 7950 CENTRAL INDUSTRIAL DRIVE NORTH, RIVIERA BEACH, FOR A DISTRIBUTION CENTER AND TALKING BOOKS FACILITY FOR AN ADDITIONAL TWO YEARS UNTIL NOVEMBER 30, 2000. THE ANNUAL BASE RENT IS $127,670 FROM DECEMBER 1, 1998, THROUGH NOVEMBER 30, 1999, AND $134,054 FROM DECEMBER 1, 1999, THROUGH NOVEMBER 30, 2000. (AMENDS R-88-1297-D) APPROVED 11-17-98 3.H.4. DOCUMENT R-98-1942-D RELEASE OF MEMORANDUM, AGREEMENT AND AMENDMENT TO A FOUR-PARTY AGREEMENT WITH THE SCHOOL BOARD, THE ESTATE OF HEINZ KAHLERT, HERBERT F. KAHLERT AND KARL F. KAHLERT AS CO-TRUSTEES AND INTERDEVCO PROJECTS, L.L.C. AND INTERDEVCO/RBG XVIII, L.P. THE SCHOOL BOARD AND THE COUNTY PURCHASED 102 ACRES FROM THE KAHLERTS IN 1994 FOR JOINT DEVELOPMENT OF THE WEST BOYNTON HIGH SCHOOL AND DISTRICT PARK, WITH INTERDEVCO SERVING AS CONTRACTOR FOR CONSTRUCTION OF CERTAIN INFRASTRUCTURE IMPROVEMENTS BENEFITTING THE HIGH SCHOOL, THE PARK AND INTERDEVCO'S RESIDENTIAL DEVELOPMENT. THE IMPROVEMENTS ARE COMPLETE AND INTERDEVCO IS REQUESTING THE ACKNOWLEDGMENT OF COMPLETION AND THE RELEASE OF ITS PROPERTY FROM SAID AGREEMENT. (AMENDS R-95-333-D) APPROVED 11-17-98 3.H.5. DOCUMENT R-98-1943-D EXERCISE OF THE FIRST ONE-YEAR EXTENSION OPTION UNDER THE LEASE AGREEMENT WITH C & D DEVELOPMENT FOR THE LEASE OF A 3,000-SQUARE-FOOT OFFICE/WAREHOUSE SPACE AT 1438-B SKEES ROAD FOR THE MULTI-AGENCY AUTO THEFT TASK FORCE OF THE SHERIFF'S OFFICE FOR AN ANNUAL RENT OF $22,977 FROM JANUARY 1, 1999, THROUGH DECEMBER 31, 1999. (AMENDS R-97-2126-D) APPROVED 11-17-98 3.H.6. a. DOCUMENT R-98-1944-D LEASE AGREEMENT WITH BETHESDA HEALTH CITY, INC., A FLORIDA CORPORATION, FOR A TWO-YEAR LEASE OF 693-SQUARE FOOT SPACE WITHIN THE BETHESDA HEALTH CITY MEDICAL COMPLEX AT HAGEN RANCH ROAD AND BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FOR THE ESTABLISHMENT OF A TEMPORARY RESCUE FACILITY FOR ANNUAL RENT OF $14,553. APPROVED 11-17-98
BUDGET TRANSFER OF $49,500 IN THE FIRE-RESCUE MUNICIPAL SERVICE TAXING UNIT FUND FROM CONTINGENCY RESERVES TO THE BUILDING MAINTENANCE ACCOUNT TO REIMBURSE BETHESDA HEALTH CITY, INC., FOR IMPROVEMENT COSTS TO THE TEMPORARY RESCUE FACILITY. APPROVED 11-17-98 3.H.7. DOCUMENT R-98-1945-D LEASE AGREEMENT WITH VHS REALTY FOR ANNUAL RENT OF $16,680 OF A 1,000-SQUARE-FOOT SPACE, TWO AUTOMOBILE PARKING SPACES AND ONE RESCUE VEHICLE PARKING SPACE IN A RETAIL STRIP CENTER LOCATED AT THE SOUTHWEST CORNER OF CRESTHAVEN BOULEVARD AND MILITARY TRAIL, WEST PALM BEACH, FOR A TEMPORARY RESCUE FACILITY FROM NOVEMBER 15, 1998, THROUGH NOVEMBER 14, 2003. APPROVED 11-17-98 3.I. HOUSING AND COMMUNITY DEVELOPMENT 3.I.1. DOCUMENT R-98-1946-D AMENDMENT 3 TO AGREEMENT WITH THE CITY OF RIVIERA BEACH AND THE RIVIERA BEACH COMMUNITY REDEVELOPMENT AGENCY TO EXTEND EXPIRATION DATE FROM SEPTEMBER 30, 1998, TO DECEMBER 31, 1998, FOR THE EXPENDITURE OF $550,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE RENOVATION AND REHABILITATION OF 26 COTTAGE0-TYPE BUILDINGS KNOWN AS SPANISH COURTS. NO LOCAL MATCH REQUIRED. (AMENDS R-94-1639-D) APPROVED 11-17-98 3.J. PLANNING, ZONING AND BUILDING 3.J.1. RESOLUTION R-98-1947 RESOLUTION ASSESSING COSTS FOR ABATEMENT OF NUISANCES AGAINST TIMOTHY J. FAJCIK; RICHARD CYR; TRACIE DUCKETT; AND PRINCIPAL MUTUAL LIFE INSURANCE COMPANY OF 5702 FOREST HILL BOULEVARD, WEST PALM BEACH, FOR $2,334.10. ADOPTED 11-17-98 3.K. WATER UTILITIES 3.K.1. DOCUMENT R-98-1948-D CONTRACT WITH THOMAS B. CUSHING DEMOLITION FOR $48,720 FOR THE DEMOLITION OF A 2-MILLION-GALLON-PER-DAY LIME SOFTENING WATER TREATMENT PLANT AND A 1 MILLION GALLON ABOVEGROUND WATER STORAGE TANK AND RELATED APPURTENANCES TO MAKE WAY FOR THE CONSTRUCTION OF A CUSTOMER SERVICE FACILITY. APPROVED 11-17-98 3.L. ENVIRONMENTAL RESOURCES MANAGEMENT 3.L.1. DOCUMENT R-98-1949-D MODIFICATION TO A LICENSE AGREEMENT WITH FLORIDA POWER & LIGHT (FP&L) COMPANY ALLOWING THE COUNTY TO UTILIZE PROPERTY OWNED BY FP&L LOCATED AT 59TH STREET ON THE INTRACOASTAL WATERWAY, SOUTH OF THE RIVIERA BEACH GENERATING PLANT, FOR ARTIFICIAL REEF AND ESTUARINE ENHANCEMENT PROJECTS UNTIL SEPTEMBER 14, 1999. (AMENDS R-97-1243-D) APPROVED 11-17-98 3.L.2.
CONTRACT WITH APPLIED TECHNOLOGY & MANAGEMENT, INC., FOR BASIC CONSULTANT SERVICES INCLUDING COASTAL ENGINEERING, SURVEYING AND REQUIRED SUPPORT SERVICES FOR $294,378 AND OPTIONAL GEOTECHNICAL SERVICES FOR $105,487 FOR PHASE II OF THE JUPITER/CARLIN SHORE PROTECTION PROJECT. APPROVED 11-17-98 b. BUDGET TRANSFER 99-117 BUDGET TRANSFER OF $276,332 IN THE BEACH IMPROVEMENT FUND FROM IMPROVEMENT PROGRAM RESERVES TO PHASE II OF THE JUPITER/CARLIN SHORE PROTECTION PROJECT. APPROVED 11-17-98 3.L.3. NINE AGREEMENTS FOR THE PURCHASE AND SALE, AT AN AGGREGATE COST OF $45,562.50 (LAND COST) PLUS $2,700 (CLOSING AND MISCELLANEOUS COSTS) FOR A TOTAL OF $48,262.50, OF 11.25 ACRES OF LAND IN UNIT 11 WITH MITIGATION FUNDS AND TO PROVIDE MITIGATION FOR FUTURE WETLAND PERMITTING ACTIVITIES IN THE ACREAGE:
AGREEMENT WITH GREGORY M. BALL FOR $5,305.50 FOR THE PURCHASE OF 1.31 ACRES OF LAND (PROPERTY CONTROL NUMBER 00414130000001430) WITHIN THE UNIT 11 ACQUISITION AREA OF THE ACREAGE TO PROVIDE MITIGATION FOR FUTURE WETLAND PERMITTING ACTIVITIES IN THE ACREAGE. APPROVED 11-17-98 b. DOCUMENT R-98-1952-D AGREEMENT WITH KATHLEEN BRYANT CARE OF LESLEY HECKENSWILER, FOR $5,305.50 FOR THE PURCHASE OF 1.31 ACRES OF LAND (PROPERTY CONTROL NUMBER 00414130000007300) WITHIN THE UNIT 11 ACQUISITION AREA OF THE ACREAGE TO PROVIDE MITIGATION FOR FUTURE WETLAND PERMITTING ACTIVITIES IN THE ACREAGE. APPROVED 11-17-98 c. DOCUMENT R-98-1953-D AGREEMENT WITH HERMAN, JR., AND ANNA DRENTH FOR $5,548.50 FOR THE PURCHASE OF 1.37 ACRES OF LAND (PROPERTY CONTROL NUMBER 00414130000007190) WITHIN THE UNIT 11 ACQUISITION AREA OF THE ACREAGE TO PROVIDE MITIGATION FOR FUTURE WETLAND PERMITTING ACTIVITIES IN THE ACREAGE. APPROVED 11-17-98
AGREEMENT WITH EDWARD J. AND CHARLOTTE R. FRANCIS FOR $4,819.50 FOR THE PURCHASE OF 1.19 ACRES OF LAND (PROPERTY CONTROL NUMBER 00414130000005080) WITHIN THE UNIT 11 ACQUISITION AREA OF THE ACREAGE TO PROVIDE MITIGATION FOR FUTURE WETLAND PERMITTING ACTIVITIES IN THE ACREAGE. APPROVED 11-17-98
AGREEMENT WITH GERALD A. AND ROSALBA A. HERTWECK FOR $4,657.50 FOR THE PURCHASE OF 1.15 ACRES OF LAND (PROPERTY CONTROL NUMBER 00414130000007230) WITHIN THE UNIT 11 ACQUISITION AREA OF THE ACREAGE TO PROVIDE MITIGATION FOR FUTURE WETLAND PERMITTING ACTIVITIES IN THE ACREAGE. APPROVED 11-17-98 f. DOCUMENT R-98-1956-D AGREEMENT WITH WOLFGANG AND LIESELOTTE MAIER FOR $5,305.50 FOR THE PURCHASE OF 1.31 ACRES OF LAND (PROPERTY CONTROL NUMBER 00414130000007310) WITHIN THE UNIT 11 ACQUISITION AREA OF THE ACREAGE TO PROVIDE MITIGATION FOR FUTURE WETLAND PERMITTING ACTIVITIES IN THE ACREAGE. APPROVED 11-17-98 g. DOCUMENT R-98-1957-D AGREEMENT WITH SCOTT AND CAROLINE RUSWICK FOR $4,657.50 FOR THE PURCHASE OF 1.15 ACRES OF LAND (PROPERTY CONTROL NUMBER 00414130000003230) WITHIN THE UNIT 11 ACQUISITION AREA OF THE ACREAGE TO PROVIDE MITIGATION FOR FUTURE WETLAND PERMITTING ACTIVITIES IN THE ACREAGE. APPROVED 11-17-98 h. DOCUMENT R-98-1958-D AGREEMENT WITH MIGUEL A. AND ERLINA S. VILLAVERDIE FOR $5,305.50 FOR THE PURCHASE OF 1.31 ACRES OF LAND (PROPERTY CONTROL NUMBER 00414130000005180) WITHIN THE UNIT 11 ACQUISITION AREA OF THE ACREAGE TO PROVIDE MITIGATION FOR FUTURE WETLAND PERMITTING ACTIVITIES IN THE ACREAGE. APPROVED 11-17-98 i. DOCUMENT R-98-1959-D AGREEMENT WITH RICHARD AND SHIRLEY ZYTKOWICZ FOR $4,657.50 FOR THE PURCHASE OF 1.15 ACRES OF LAND (PROPERTY CONTROL NUMBER 00414130000005280) WITHIN THE UNIT 11 ACQUISITION AREA OF THE ACREAGE TO PROVIDE MITIGATION FOR FUTURE WETLAND PERMITTING ACTIVITIES IN THE ACREAGE. APPROVED 11-17-98
3.M. PARKS AND RECREATION - None 3.N. LIBRARY - None 3.P. COOPERATIVE EXTENSION SERVICE - None 3.Q. CRIMINAL JUSTICE COMMISSION - None
3.R. EMPLOYEE RELATIONS AND PERSONNEL - None 3.S. FIRE-RESCUE 3.S.1. DELETED 3.T. HEALTH DEPARTMENT - None 3.U. INFORMATION SYSTEMS SERVICES - None 3.V. METROPOLITAN PLANNING ORGANIZATION - None 3.W. PUBLIC AFFAIRS - None 3.X. PUBLIC SAFETY 3.X.1. DOCUMENT R-98-1960-D CONTRACT WITH BYRON V. REID & ASSOCIATES, V.D.M., P.A., FOR A NOT-TO-EXCEED AMOUNT OF $9,000 FOR VETERINARY SERVICES FOR LARGE ANIMALS IMPOUNDED AT THE ANIMAL CARE AND CONTROL FACILITY IN THE CITY OF WEST PALM BEACH AND OTHER LOCATIONS WHEN NECESSARY FROM OCTOBER 20, 1998, THROUGH SEPTEMBER 30, 1999. APPROVED 11-17-98
3.Y. PURCHASING - None 3.Z. RISK MANAGEMENT - None 3.AA. SURFACE TRANSPORTATION - None 3.BB. COURT ADMINISTRATION 3.BB.1. RECEIVE AND FILE A RESOLUTION OF THE TOURIST DEVELOPMENT COUNCIL SUPPORTING THE EXPANSION OF LION COUNTRY SAFARI'S VISITOR AMENITIES WHICH WILL INCLUDE GROUP PICNIC AREAS, A WATERPARK AND UPGRADED WILDLIFE WALK-THROUGH AREA. APPROVED 11-17-98 MOTION to approve the Consent Agenda as amended. Motion by Commissioner Marcus, seconded by Commissioner McCarty and carried 7-0. ***** THIS CONCLUDES THE CONSENT AGENDA ***** 4. PUBLIC HEARINGS - 10:00 A.M. PROOF OF PUBLICATION. APPROVED 11-17-98 MOTION to receive and file Proofs of Publication 513811 and 513834. Motion by Commissioner McCarty, seconded by Commissioner Marcus and carried 7-0. 4.A. a. CONDUCT A TAX EQUITY AND FISCAL RESPONSIBILITY ACT (TEFRA) PUBLIC HEARING REGARDING THE ISSUANCE OF UP TO $7 MILLION INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1998, THE YOUNG MEN'S CHRISTIAN ASSOCIATION (YMCA) BOYNTON BEACH PROJECT. (P.O.P. 513811) CONTINUED 11-17-98 b. RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $7 MILLION INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1998, THE YOUNG MEN'S CHRISTIAN ASSOCIATION (YMCA) BOYNTON BEACH PROJECT. CONTINUED 11-17-98 MOTION to CONTINUE Agenda Item 4.A. until December 15, 1998, at 9:30 a.m. Motion by Commissioner McCarty, seconded by Commissioner Marcus and carried 7-0. 4.B. a. RESOLUTION R-98-1961 RESOLUTION ABANDONING A PORTION OF SANDERS DRIVE, SOUTH OF LAKE WORTH ROAD BETWEEN MILITARY TRAIL AND KIRK ROAD FOR FUTURE DEVELOPMENT OF SANDERS DRIVE PARK. (P.O.P. 513834) ADOPTED 11-17-98
ACCESS EASEMENT TO THE CITY OF LAKE WORTH TO MAINTAIN ITS EXISTING UTILITIES' FACILITIES IN SANDERS DRIVE, SECTION 25, TOWNSHIP 44 SOUTH, RANGE 42 EAST. APPROVED 11-17-98 PUBLIC COMMENT: None MOTION to adopt the resolution and approve the access easement. Motion by Commissioner McCarty, seconded by Commissioner Roberts and carried 7-0.
5. REGULAR AGENDA 5.A. ADMINISTRATION 5.A.1. a. DOCUMENT R-98-1963-D GRANT AGREEMENT WITH THE MARINE INDUSTRIES ASSOCIATION OF PALM BEACH COUNTY, INC., FOR $50,000 FROM NOVEMBER 17, 1998, THROUGH DECEMBER 31, 1999, FOR THE DEVELOPMENT OF THE MARINE INDUSTRY EDUCATION PROGRAM WHICH WILL INCORPORATE WORKFORCE DEVELOPMENT'S SUMMER ORIENTATION PROGRAMS, A SCHOOL-TO-WORK MARINE ACADEMY PROGRAM AT PALM BEACH LAKES HIGH SCHOOL AND TECH PREP CAREER PATHWAYS FOR EMPLOYMENT IN THE MARINE INDUSTRY. APPROVED 11-17-98 b. BUDGET TRANSFER 99-161 BUDGET TRANSFER OF $50,000 IN THE ECONOMIC DEVELOPMENT FUND FROM THE ECONOMIC DEVELOPMENT RESERVES TO THE MARINE INDUSTRIES ASSOCIATION OF PALM BEACH COUNTY, INC., ACCOUNT. APPROVED 11-17-98 MOTION to approve the agreement and the budget transfer. Motion by Commissioner McCarty, seconded by Commissioner Roberts and carried 7-0. 5.B. COUNTY ATTORNEY 5.B.1. DOCUMENT R-98-1964-D SETTLEMENT AGREEMENT FOR $27,500 IN THE CASE OF STEPHANIE KARP V. THE COUNTY. THE PLAINTIFF WAS A PASSENGER IN A CAR THAT WAS HIT BY A VEHICLE OPERATED BY A COUNTY EMPLOYEE. APPROVED 11-17-98 MOTION to approve the settlement agreement. Motion by Commissioner McCarty, seconded by Commissioner Roberts and carried 7-0. 5.B.2. DOCUMENT R-98-1965-D AGREEMENT WITH THE LAW FIRM OF BARRY S. BALMUTH, P.A., FOR A NOT-TO-EXCEED AMOUNT OF $650,000 FOR LEGAL SERVICES FOR THE HANDLING OF UP TO 200 PARCELS IN CONNECTION WITH EMINENT DOMAIN LITIGATION FOR VARIOUS COUNTY ROAD PROJECTS. APPROVED 11-17-98 MOTION to approve the agreement. Motion by Commissioner Roberts, seconded by Commissioner McCarty and carried 7-0. 5.C. EMPLOYEE RELATIONS AND PERSONNEL 5.C.1. PRELIMINARY READING AND ADVERTISE FOR PUBLIC HEARING ON DECEMBER 15, 1998, AT 9:30 A.M. OF AN ORDINANCE AMENDING ORDINANCE 95-40, AS AMENDED, ENTITLED THE EMPLOYEE TUITION REFUND PROGRAM; PROVIDING FOR AN INCREASE TO THE TOTAL ANNUAL AMOUNT OF REIMBURSEMENT FROM $1,000 TO $1,250 PER EMPLOYEE FOR UNDERGRADUATE WORK AND FROM $1,000 TO $1,500 PER EMPLOYEE FOR GRADUATE WORK. APPROVED 11-17-98 MOTION to approve the preliminary reading and advertisement for public hearing on December 15, 1998, at 9:30 a.m. Motion by Commissioner McCarty, seconded by Commissioner Roberts and carried 7-0.
5.D. HOUSING AND COMMUNITY DEVELOPMENT 5.D.1. DOCUMENT R-98-1966-D MODIFICATION 1 TO AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR A MAXIMUM AMOUNT OF $887,174.40 UNDER THE RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM PLUS $50,000 FOR ADMINISTRATIVE COSTS, AUTHORIZING FORGIVEN LOANS UP TO A CERTAIN AMOUNT ON A CASE-BY-CASE BASIS TO REHABILITATE HOMES DAMAGED BY HURRICANE ANDREW. NO LOCAL MATCH REQUIRED. (AMENDS R-98-99-D) APPROVED 11-17-98 6. BOARD APPOINTMENTS 6.A. COMMUNITY SERVICES 6.A.1. APPOINTMENT OF JACK MCALLISTER AND REAPPOINTMENT OF BARBARA COX-GERLOCK, JOSE R. THOMAS-RICHARDS AND SANDRA G. CHAMBLEE TO THE CITIZNES ADVISORY COMMITTEE ON HEALTH AND HUMAN SERVICES. APPROVED 11-17-98 MOTION to approve the appointment and reappointments. Motion by Commissioner McCarty, seconded by Commissioner Aaronson and carried 7-0. 6.B. COMMISSION DISTRICT APPOINTMENTS - None 7. STAFF COMMENTS 7.A. ADMINISTRATION - None 7.B. COUNTY ATTORNEY - None 8. COMMISSIONER COMMENTS 8.A. COMMISSIONER KAREN T. MARCUS 8.A.1. STATE LEGISLATION. DISCUSSED 11-17-98 Commissioner Marcus asked for concurrence in working with staff on the amendments for the State Legislature to review. The rest of the Board concurred. No backup submitted. 8.B. COMMISSIONER BURT AARONSON - None
8.C. COMMISSIONER MARY MCCARTY - None 8.D. COMMISSIONER WARREN H. NEWELL 8.D.1. REVIEW OF OCCUPATIONAL LICENSE ORDINANCE. DISCUSSED 11-17-98 Commissioner Newell requested a review of the Occupational License Ordinance, specifically fees and structures, to crack down on business establishments operating under pretexts and practicing illegal transactions. Commissioner Aaronson cautioned that the Board should not get too involved in this issue and suggested delaying any actions until further investigation. County Administrator Weisman said the issue would be included in the February 9, 1999, Workshop Agenda. No backup submitted. 8.D.2. WORKSHOP ON DROWNING PREVENTION. DISCUSSED 11-17-98 Commissioner Newell requested a workshop on drowning prevention and was told that it was already included in the December 8, 1998, Workshop Agenda. No backup submitted.
8.E. COMMISSIONER CAROL A. ROBERTS 8.E.1. REVIEW OF THE ADULT ENTERTAINMENT ORDINANCE. DISCUSSED 11-17-98 Commissioner Roberts asked the County Attorney to review Gainesville's adult entertainment ordinance to determine if the County's adult entertainment ordinance could be amended to mirror it. She asked if the matter could be workshopped at a future date, and County Attorney Dytrych said it would be in January, 1999. Commissioner Newell suggested that a comparison of the two ordinances be made and distributed to the Board in the form of a memorandum, and the Board would then decide if a workshop is necessary. Commissioner Masilotti suggested reviewing the other municipalities' adult entertainment ordinance for information. Commissioner Marcus suggested approaching the Municipal League for assistance. No backup submitted. 8.F. COMMISSIONER TONY MASILOTTI - None 8.G. COMMISSIONER MAUDE FORD-LEE 8.G.1. SELECTION OF COMMITTEES FOR EACH COMMISSIONER TO SERVE. DISCUSSED 11-17-98 Commissioner Lee requested that each Commissioner choose three committees on which he or she wanted to serve, and to circulate the list among the Commissioners at the next Board meeting. Commissioner Aaronson suggested that Commissioner Lee make her three selections and inform the rest of the Board of those selections. No backup submitted.
9. ADJOURNMENT The Chair declared the regular meeting adjourned at 12:35 p.m. ATTESTED: APPROVED: Clerk Chair |
