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WORKSHOP MEETING: BOARD OF COUNTY COMMISSIONERS

1. CALL TO ORDER: January 26, 1999, 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 Maude Ford Lee

Vice-Chair Warren H. Newell

Commissioner Burt Aaronson - Arrived later

Commissioner Mary McCarty

Commissioner Karen T. Marcus

Commissioner Tony Masilotti - Arrived later

Commissioner Carol A. Roberts - Arrived later

County Administrator Robert Weisman

Chief Deputy County Attorney Gordon P. Selfridge

Deputy Clerk Allison L. Moree

 

  • AGENDA APPROVAL
  •  

2.A. ADDITIONS, DELETIONS, SUBSTITUTIONS

County Administrator Weisman noted the Agenda changes as follows:

PAGE ITEM

 

1 4.1 ADD-ON: SITTING AS THE ENVIRONMENTAL CONTROL BOARD

Staff recommends motion to reappoint: Four (4) members to the Environmental Control Hearing Board.

Nominee Requirement Seat No.

Bernard A. Conko Attorney 1

S. Jordan Nichols Engineer 5

Edwin Sherman Citizen 3

Elliott Guttman Citizen 4

The Board is composed of five members. Membership must consist of one lawyer recommended by the PBC Bar Association; one doctor recommended by the PBC Medical Society; one engineer recommended by the PB Chapter of the Florida Engineering Society, and two citizens at large. This will fill the above-referenced seats until January 12, 2002. Countywide

2.B. ADOPTION

MOTION to adopt the Agenda as amended. Motion by Commissioner Marcus, seconded by Commissioner McCarty and carried 4-0. Commissioners Aaronson, Masilotti and Roberts absent.

  • REGULAR AGENDA

3.A. CLERK

(CLERK'S NOTE: Commissioners Aaronson and Roberts joined the meeting.)

 

(CLERK'S NOTE: The Board considered Agenda Items 3.A.1. and 3.A.2. together.)

 

3.A.1.

WARRANT LIST DATED JANUARY 25, 1999. APPROVED 1-26-99

COMPUTER CHECKS $15,960,337.50

WIRE TRANSFERS 17,139,893.64

MANUAL CHECKS 597,554.84

$33,697,785.98

3.A.2.

CONTRACTS ON THE CONTRACT LIST EXECUTED BY THE PURCHASING DIRECTOR:

a. DOCUMENT R-99-92-D

PURCHASE ORDER TOTALING $119,729 WITH LIFESAFETY MANAGEMENT FOR $82,278 AND SIMPLEX TIME RECORDER COMPANY FOR $37,451 TO FURNISH AND INSTALL FIRE ALARM SYSTEMS IN 22 FIRE STATIONS. APPROVED 1-26-99

b.

TERM CONTRACT TOTALING $500,000 WITH GLOBAL ASSOCIATES; MAC PAPERS, INC.; AND UNISOURCE FOR THE PURCHASE OF VIRGIN AND RECYCLED PAPER ON AN AS-NEEDED BASIS FROM FEBRUARY 1, 1999, THROUGH JULY 31, 2000. APPROVED 1-26-99

c.

TERM CONTRACT TOTALING $277,000 WITH CHENEY BROTHERS; CLEAN N FRESH PRODUCE; D. C. MILLER & ASSOCIATES, INC.; ERNESTON & SONS PRODUCE; FRESHPOINT OF PALM BEACH; MUTUAL WHOLESALE COMPANY; PUBLIX MARKET #0050; PUBLIX MARKET #0143; PUBLIX MARKET #0161; SYSCO FOOD SERVICE SOUTHEAST FLORIDA; UA FOOD PROCESSORS OF FLORIDA, DBA LIBERTY PACKING; US FOODS, INC., DBA US FOODSERVICE RIVIERA BEACH; AND WORLD WIDE FOOD DISTRIBUTORS TO SUPPLY FRESH, FROZEN AND/OR CANNED FOOD TO VARIOUS COUNTY DEPARTMENTS FROM MARCH 1, 1999, THROUGH FEBRUARY 29, 2000. APPROVED 1-26-99

d.

RENEWAL OF TERM CONTRACT FOR $570,000 WITH ELECTRO-TECH'S R&M DEESE, INC., FOR THE PURCHASE OF LIGHT-EMITTING DIODE SIGNAL RETROFIT KITS ON AN AS-NEEDED BASIS FROM FEBRUARY 19, 1999, THROUGH AUGUST 18, 2000. APPROVED 1-26-99

e.

TERM CONTRACT TOTALING $105,000 WITH BUILDERWAY; MCEWEN LUMBER COMPANY; SCOTTY'S #65; SEMINOLE SUPPLY CON, INC.; SOUTHERN PINE TIMBER PRODUCTS; TRI-CITY WOODWORKS, INC.; AND UNIVERSAL BUILDING SPECIALISTS TO PROVIDE LUMBER AND RELATED BUILDING MATERIALS TO VARIOUS DEPARTMENTS FROM JANUARY 27, 1999, THROUGH JANUARY 26, 2000. APPROVED 1-26-99

f. DOCUMENT R-99-93-D

PURCHASE ORDER TOTALING $983,805 WITH ABSS AUTOMOTIVE, DBA GATEWAY FOR $358,160; BELL CHEVROLET FOR $130,712; CARUSO CHRYSLER PLYMOUTH FOR $153,194; DON REID FORD FOR $60,407; GARBER CHEVROLET FOR $83,852; AND KAISER PONTIAC FOR $197,480 TO PURCHASE 54 REPLACEMENT VEHICLES AND 3 ADDITIONAL VEHICLES TO BE USED BY VARIOUS COUNTY DEPARTMENTS. APPROVED 1-26-99

g.

RENEWAL OF TERM CONTRACT TOTALING $950,000 WITH MEGA NURSING SERVICES, INC.; STAFF BUILDERS, INC.; AND OLSTEN HEALTH SERVICES TO PROVIDE IN-HOME HEALTH CARE SERVICES FROM FEBRUARY 3, 1999, THROUGH FEBRUARY 2, 2000. APPROVED 1-26-99

MOTION to approve the warrant list and contracts on the contracts list. Motion by Commissioner Marcus, seconded by Commissioner McCarty and carried 6-0. Commissioner Masilotti absent.

 

3.B. COUNTY ATTORNEY

3.B.1. DOCUMENT R-99-94-D

FINAL SETTLEMENT, INCLUSIVE OF ATTORNEY FEES AND COSTS, FOR A TOTAL SUM OF $65,000 IN THE CASE OF P.H. V. THE SCHOOL BOARD AND THE COUNTY WHEREBY THE PLAINTIFF ALLEGED HER DAUGHTER WAS RAPED IN A BATHROOM ON THE CAMPUS OF GLADES CENTRAL HIGH SCHOOL ON JULY 17, 1996. APPROVED 1-26-99

MOTION to approve the final settlement. Motion by Commissioner Marcus, seconded by Commissioner McCarty and carried 6-0. Commissioner Masilotti absent.

3.C. ADMINISTRATION

3.C.1. DOCUMENT R-99-95-D

CONTRACT NOT TO EXCEED $17,158 WITH IMAGE TECH ASSOCIATES, INC., FOR AN INITIAL COST OF $15,000 AND $2,158 OF REIMBURSABLE EXPENSES PLUS AN AMOUNT TO BE DETERMINED FOR IMPLEMENTATION OF WHATEVER PUBLIC INFORMATION PLAN IS APPROVED, TO PROVIDE CONSULTANT SERVICES IN SUPPORT OF THE MARCH 9, 1999, BOND REFERENDA: (1) LAND ACQUISITION PROGRAM FOR CONSERVATION PURPOSES AND (2) RECREATIONAL AND CULTURAL PURPOSES. APPROVED 1-26-99

Commissioner Newell expressed concern with the references provided and requested staff verify them.

MOTION to approve the contract. Motion by Commissioner Marcus and seconded by Commissioner McCarty and carried 5-1. Commissioner Newell opposed. Commissioner Masilotti absent.

RECESS

At 9:37 a.m., the Chair declared the meeting recessed as the Board of County Commissioners in order to convene as the Environmental Control Board.

4.1. ENVIRONMENTAL CONTROL BOARD - See separate meeting of this date.

RECONVENE

At 9:39 a.m., the Board reconvened as the Board of County Commissioners with Commissioners Aaronson, Lee, McCarty, Marcus, Newell and Roberts present.

WORKSHOP ITEMS

  • 9:30 A.M. - FUTURE ROLES OF THE VARIOUS KINDS OF SPECIAL DISTRICTS THAT MAY BE SERVICE PROVIDERS IN THE COUNTY. DISCUSSED WITH DIRECTION 1-26-99

Terry E. Lewis of Lewis, Longwood and Walker, P.A., gave an overview of special districts.

Commissioners McCarty and Newell asked if special districts could be used for the Agricultural Reserve (Ag Reserve) and safe neighborhoods program. Mr. Lewis responded this may be an appropriate vehicle for the Ag Reserve. Typically, districts were used to create or assist gated communities as service providers, he said. The assessments to pay for the services are collected through the tax roll which guaranteed payment.

Commissioner Aaronson asked if street lighting could be considered as a service for streets that do not qualify for lights. Commissioner Marcus suggested changing the qualifying policy to allow it.

John W. Bonde District Administrator of Indian Trail Improvement District reviewed Indian Trail's function.

STAFF WAS DIRECTED TO:

  • Advise as to how a special district could be used for a safe neighborhood program, a redevelopment corridor, the Lake Worth Road corridor, an industrial park area and the Eastward Ho! program.
  • Bring back a policy for communities, not developers, that want services which could be accomplished by creating a special district.
  • Advise what criteria should be required when special districts were being considered for drainage.

5. 10:30 A.M. - BUSINESS INCUBATOR EVALUATION PRELIMINARY DRAFT REPORT COMPLETED BY GREENWOOD CONSULTING GROUP, INC., CONCERNING FUTURE FUNDING OF THE BUSINESS INCUBATOR PROGRAMS. ADOPTED ACTION PLAN 1-26-99

Greenwood Consulting Group President Jim Greenwood reviewed the January, 1999, Incubator Assessment draft and recommended the Board adopt the action plan and the amended mission statement which would assist in moving the incubators toward a mixed-use environment. Commissioner Roberts expressed concern that the word "achieve" was changed to "strive" in the mission statement. Assistant County Administrator William E. Wilkins agreed to change the word strive to achieve.

After a lengthy discussion, the Board agreed each incubator program would create a five-year business plan to be presented to the Board by March 15, 1999, and must be accepted by the Board within 10 days thereafter. The Board will review the five-year plan September 15, 2000. Any programs that have not been successful will no longer be funded by the County and a request for proposal will be prepared to secure a different group to provide the services.

MOTION to adopt the action plan with an 18-month time line and revised mission statement. Motion by Commissioner McCarty and seconded by Commissioner Roberts.

Commissioner McCarty expressed concern that adequate resources were unavailable. Mr. Weisman agreed to investigate the resources and report back when the business plan was submitted. Commissioner McCarty said the Motion was subject to the resources being available.

Commissioner Newell commented his future approval would be based upon a dramatic quality plan to improve the County.

Mr. Greenwood discussed the Florida Business Incubation Association as a state wide agency with education as its primary function. Each incubator group had a representative at the organizational meeting in Orlando, he said.

UPON CALL FOR A VOTE, the motion carried 6-0. Commissioner Masilotti absent.

RECESS

At 11:55 a.m., the Chair declared a recess.

RECONVENE

At 2:10 p.m., the Board reconvened with Commissioners Aaronson, Lee, Marcus, Newell and Roberts present.

6. 2:00 P.M. - CURRENT REGULATIONS REGARDING ACCESSORY AND HOME OCCUPATIONAL USES IN THE AGRICULTURAL-RESIDENTIAL ZONING DISTRICT. DISCUSSED 1-26-99

Commissioner Marcus said she received a letter from Jupiter rural residents who said they were not notified of today's discussion and requested the item be postponed until March 30, 1999, to allow time for her to discuss the issue with them. Staff responded that there was an Agenda Item scheduled for March 30, 1999, when the Board will consider plan amendments associated with the Managed Growth Tiered System (MGTS) which will require changes to the Unified Land Development Code (ULDC). Establishing the MGTS would state what land uses would be permitted in the rural communities that may not be permitted in the urban communities that have agricultural zoning.

(CLERK'S NOTE: Commissioner Masilotti rejoined the meeting.)

The Board expressed the following concerns:

  • Monitoring and enforcing any changes to the ULDC.
  • Defining a home occupation and a commercial enterprise.
  • Commercialization of a residential district.
  • Increasing the number of square feet allowed to be devoted to the home occupation use based on the property size.
  •  

  • Clarifying zoning codes.
  • Establishing the type of sign advertising the home occupation may have on the property.

Loxahatchee Groves resident Doreen Baxter requested the Board receive and file a memorandum regarding home business regulations.

MOTION to receive and file the memorandum. Motion by Commissioner Aaronson, seconded by Commissioner Masilotti and carried 6-0. Commissioner McCarty absent.

PUBLIC COMMENT:

Don Borovy, Doreen Baxter, Carol Francis and Marilyn Keehr all supported home occupations. The Board also discussed:

  • Limiting no more than two non-family members to be employed in the home occupation.
  • Refining the home occupation zoning code for enforcement.
  • Allowing larger parcels to operate home businesses.
  • Regulating the number of parked vehicles based on the property size.
  • Using a standardized mailbox as advertisement for a home business.
  • Changing agricultural residential zoning to private enterprise zoning.

The Board informally agreed that no expansion to the home occupational licensing, but changes should be considered for parcels that are five acres and larger; to not allowing personal service home occupations and to remove any mention of assigned square footage to a home occupation. Also, to sunset those businesses that began in the AR zoning district, and have grown to commercial size, after 10 years; and should the property change owners the sunsetting was not transferable.

(CLERK'S NOTE: Commissioner Aaronson left the meeting.)

UNSCHEDULED ITEMS

7. PROCLAMATION DECLARING JANUARY 27, 1999, AS PAUL TAGLIABUE DAY. APPROVED 1-26-99

Commissioner Lee requested Board approval of the proclamation honoring National Football League Commissioner Tagliabue.

MOTION to approve the proclamation. Motion by Commissioner Marcus seconded by Commissioner Masilotti and carried 5-0. Commissioners Aaronson and McCarty absent.

8. CANCELING HOMEOWNERS INSURANCE POLICIES BECAUSE OF DOGS. DISCUSSED WITH STAFF DIRECTION 1-26-99

Commissioner Roberts requested that staff investigate the legality or fairness of insurance companies canceling homeowner insurance policies based on the breed and size of a dog living in the home.

No backup submitted.

9. PLANT NURSERY DRAINAGE REQUIREMENTS. DISCUSSED 1-26-99

Commissioner Roberts said some of her constituents had concerns with plant nursery drainage requirements. She requested Board approval to schedule a workshop to discuss this matter. The Board informally agreed.

No backup submitted.

10. CONSIDER CREATING AN EQUESTRIAN COMMISSION. DISCUSSED WITH DIRECTION 1-26-99

Commissioner Masilotti requested a workshop discussion to consider creation of an equestrian commission to protect that industry as an employment base. After a brief discussion, Mr. Masilotti agreed to work with staff and the Economic Development Board to bring back a recommendation and composition of such a commission.

No backup submitted.

11. ADJOURNMENT

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

ATTESTED: APPROVED:

Clerk Vice Chair

 

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