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WORKSHOP MEETING: BOARD OF COUNTY COMMISSIONERS
1. CALL TO ORDER: February 9, 1999, at 9:31 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 County Administrator Robert Weisman Deputy Clerk Allison L. Moree
2. AGENDA APPROVAL 2.A. ADDITIONS, DELETIONS, SUBSTITUTES County Administrator Weisman noted the Agenda changes as follows: PAGE ITEM
1 3B-1 REVISED TITLE: Staff recommends
motion to A) approve the filing of a FY00 Section 5309 Federal Transit Administration (FTA) Grant Application for discretionary capital assistance in the amount of $13,400,000 for the replacement of thirty-eight (38) buses and the addition of twelve (12) buses; and B) approve a Grant Agreement (Form No. FTA G-5, October 1, 1998) for the capital assistance identified in the Grant Application's Project Budget or such other amount awarded by the FTA provided that the transit employees protective arrangements are consistent with those set forth in the U.S. Department of Labor's letter regarding such arrangements dated July 27, 1998;
C) approve the Federal FY 1999 Certifications and Assurances for FTA Assistance;
D) authorize the County Administrator or his
designee E) adopt a Resolution of the Board of County Commissioners of Palm Beach County authorizing the filing of an application with the U.S. Department of Transportation for assistance under the Federal Transit Act, as amended, Federal-Aid Highway Act, as amended. (Palm Tran) 1 3C-1 ADD-ON: Staff recommends motion to reactivate the Traffic Performance Standards (TPS) Appeals Board as established in the Countywide Traffic Performance Standards Ordinance 90-40, by appointing all the listed nominees. SUMMARY: The adopted countywide Traffic Performance Standards Ordinance No. 90-40 requires the establishment of an appeals board. In 1991, the Board adopted Resolution No. R91-813 establishing the Traffic Performance Standards Appeals Board and outlining the rules and procedures governing the functioning of this Board. According to the procedures under the adopted resolution, the County Engineer would recommend and the Board of County Commissioners would approve the appointments. The County Engineer recommends the following appointments and reappointments to the Traffic Performance Standards Appeals Board.. Additional appointments can be made during the meeting. If more than one (1) nominee is listed in a particular category, they will serve on a rotating basis in accordance with Resolution No. 91-813. Countywide (BA) NOMINEES DIRECTOR OF THE METROPOLITAN PLANNING ORGANIZATION Randy Whitfield, P.E., Director PROFESSIONAL TRAFFIC ENGINEER EMPLOYED BY A MUNICIPALITY Douglas Hess, P.E., City Traffic Engineer, City of Boca Raton PROFESSIONAL TRAFFIC ENGINEER EMPLOYED BY ANOTHER FLORIDA COUNTY George W. Robertson, P.E., Planning & Design Engineer, Broward County Ossama Alaschkar, P.E., Director Systems Planning Section, Broward County MPO J. Scott Herring, P.E., Traffic Operations Engineer, St. Lucie County
PROFESSIONAL TRAFFIC ENGINEER EMPLOYED BY THE FDOT, DISTRICT IV Mark Plass, P.E., Assistant District Traffic Operations Engineer Gus Schmidt, P.E., District IV Planning Manager
PROFESSIONAL TRAFFIC ENGINEER WHO GENERALLY REPRESENTS DEVELOPERS. Walter H. Keller, Jr., P.E., Walter H. Keller, Inc. Joseph Pollock, Jr., P.E., Kimley-Horn and Associates, Inc. Robert F. Rennebaum, P.E., Simmons & White, Inc. Andrea Troutman, P.E., Pinder Troutman Consulting, Inc. Alan Tinter, P.E., Tinter Associates, Inc. 1 4A ADMINISTRATION COMMENTS Administrative support for Legislative Delegation (Rep. Andrews letter delivered to Board previously)
Commissioner Marcus requested the Board bring back Item 6.A.3. from the February 2, 1999, meeting for further discussion and staff direction regarding analyzing the methodology used to fund the Sheriff's budget. Commissioner Roberts said staff was previously authorized to bring back gathered facts for further discussion by the Board. Commissioner Masilotti said the Sheriff's Office services benefit all County residents and was against any changes. Commissioner Aaronson expressed concern that one study would lead to future studies and would be wasting staff's time. Commissioners McCarty and Roberts said the study would assist the Board in making educated decisions when investigating municipality claims that there were inequities with services.
2.B. ADOPTION
MOTION to adopt the Agenda as amended. Motion by Commissioner Masilotti and seconded by Commissioner McCarty.
Commissioner Marcus requested an amended motion to include discussion of this issue later today.
AMENDED MOTION to include discussion of analyzing the methodology used to fund the Sheriff's budget during the Regular Agenda. The maker and seconder agreed. Upon call for a vote, the motion carried 7-0. (CLERK'S NOTE: For continued discussion of the Sheriff's budget funding methodology, see Item 8.A., Page 10.)
3. REGULAR AGENDA 3.A. CLERK 3.A.1. WARRANT LIST - None 3.A.2. CONTRACTS ON THE CONTRACT LIST EXECUTED BY THE PURCHASING DIRECTOR:
a. RENEWAL OF TERM CONTRACT FOR $175,000 WITH STEPHEN CORNWALL, DBA FAIRLAWNS, AND OL'MAN & SONS, INC., FOR GROUNDS MAINTENANCE FOR THE NORTH AND SOUTH COUNTY WATER UTILITIES FACILITIES FROM FEBRUARY 1, 1999, THROUGH JANUARY 31, 2000. APPROVED 2-9-99 b. INCREASE IN TERM CONTRACT TO $532,500 WITH O. EDWARDS COMPANY, INC., RIO-BAK CORPORATION, MURPHY CONSTRUCTION COMPANY, KIMMINS CONTRACTING CORPORATION, D. S. EAKINS CONSTRUCTION CORPORATION, PALMWOOD CONSTRUCTION CORPORATION, INC., CHARLES S. WHITESIDE, INC., MURRAY LOGAN CONSTRUCTION, INC., AND DS & DS TRUCKS & MACHINERY, INC. FOR THE RENTAL OF CONSTRUCITON EQUIPMENT WITH OPERATOR TO ENABLE THE PARKS DEPARTMENT TO MANAGE THE HYDROLOGY AND EXOTIC PLANT REMOVAL PROGRAM AT RIVERBEND/REESE GROVE PARK FROM AUGUST 19, 1998, THROUGH AUGUST 18, 1999. APPROVED 2-9-99 c. RENEWAL OF TERM CONTRACT FOR $397,650 WITH INDUSTRIAL SUPPLIES CO., SEARS INDUSTRIAL SALES, TOOLS N MORE, INC., BISCAYNE ELECTRIC & HARDWARE, NESTOR SALES COMPANY, DBA ACE TOOL COMPANY, MATTHEW OPPERMAN CO., IMA TOOL DISTRIBUTORS OF MIAMI, WESTON ENTERPRISES, INC., DBA INDUSTRIAL TRUE VALUE HARDWARE, GRAYBAR ELECTRIC CO., INC., AND DUNCAN EDWARD FOR HAND-POWERED AND NON-POWERED TOOLS, ACCESSORIES AND SUPPLIES TO BE USED BY VARIOUS DEPARTMENTS FROM APRIL 21, 1999, THROUGH OCTOBER 20, 2000. APPROVED 2-9-99 d. TERM CONTRACT FOR $110,000 WITH MARPAN SUPPLY CO., INC., FOR THE PURCHASE OF LIGHT BULBS TO BE USED BY VARIOUS DEPARTMENTS FROM FEBRUARY 9, 1999, THROUGH JANUARY 9, 2000. APPROVED 2-9-99 e. RENEWAL OF TERM CONTRACT FOR $190,000 WITH CALCIQUEST INC., JONES CHEMICALS, INC., AND ALLIED UNIVERSAL CORP. TO PURCHASE SODIUM HEXAMETAPHOSPHATE, SODIUM HYDROXIDE, AND SODIUM HYPOCHLORITE FROM FEBRUARY 1, 1999, THROUGH AUGUST 30, 2000. APPROVED 2-9-99 f. DOCUMENT R-99-190-D REAWARD OF CONTRACT FROM MMANTEC, INC., TO EMERSON RUSSELL (EMRC) FOR $311,264 TO PROVIDE MAINTENANCE SERVICES AT PALM BEACH COUNTY INTERNATIONAL AIRPORT (PBIA) FROM FEBRUARY 1, 1999, THROUGH JULY 31, 1999. (AMENDS R-95-987-D) APPROVED 2-9-99
MOTION to approve the contracts on the contracts list. Motion by Commissioner Roberts, seconded by Commissioner Masilotti and carried 7-0. 3.B. PALM TRAN
3.B.1. a. FILING OF FY2000 FEDERAL TRANSIT ADMINISTRATION (FTA) GRANT APPLICATION FOR DISCRETIONARY CAPITAL ASSISTANCE OF $13.4 MILLION FOR THE REPLACEMENT OF 38 BUSES AND THE ADDITION OF 12 BUSES. (SEE R-99-191) APPROVED 2-9-99 b. GRANT AGREEMENT FOR THE CAPITAL ASSISTANCE IDENTIFIED IN THE GRANT APPLICATION'S PROJECT BUDGET OR SUCH OTHER AMOUNT AWARDED BY THE FEDERAL TRANSIT ADMINISTRATION (FTA) PROVIDED THAT THE TRANSIT EMPLOYEES PROTECTIVE ARRANGEMENTS ARE CONSISTENT WITH THOSE SET FORTH IN THE U.S. DEPARTMENT OF LABOR'S LETTER REGARDING SUCH ARRANGEMENTS DATED JULY 27, 1998. (SEE R-99-191) APPROVED 2-9-99
c. FEDERAL FY1999 CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION (FTA) ASSISTANCE FOR THE ADDITIONAL AND REPLACEMENT BUSES. (SEE R-99-191) APPROVED 2-9-99 d. AUTHORIZE THE COUNTY ADMINISTRATOR OR HIS DESIGNEE TO EXECUTE, ON BEHALF OF THE BOARD, AND TO TRANSMIT ELECTRONICALLY TO THE FEDERAL TRANSIT ADMINISTRATION (FTA) THE BOARD'S APPROVAL OF THE SECTION 5309 GRANT APPLICATION, GRANT AGREEMENT, AND CERTIFICATIONS AND ASSURANCES. (SEE R-99-191) APPROVED 2-9-99 e. RESOLUTION R-99-191 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE U.S. DEPARTMENT OF TRANSPORTATION (DOT) FOR $13.4 MILLION IN FEDERAL TRANSIT ADMINISTRATION FUND FOR ASSISTANCE UNDER THE FEDERAL TRANSIT ACT, AS AMENDED, FEDERAL-AID HIGHWAY ACT, AS AMENDED FOR THE PURCHASE OF ADDITIONAL AND REPLACEMENT BUSES. ADOPTED 2-9-99 MOTION to approve the filing of the grant application, grant agreement, certifications and assurances; authorize the County Administrator or his designee to execute and transmit electronically the Board's approval of the grant application, grant agreement, and certifications and assurances; and adopt the resolution. Motion by Commissioner Roberts, seconded by Commissioner McCarty and carried 7-0.
REORDER THE AGENDA MOTION to reorder the Agenda to consider Items 3.C.1. and 4.A. after the workshop items. Motion by Commissioner Roberts, seconded by Commissioner Aaronson and carried 7-0.
3.C. ENGINEERING AND PUBLIC WORKS 3.C.1. See Pages 9-10. WORKSHOP ITEMS 4. 9:30 A.M. - ENFORCEMENT OF OCCUPATIONAL LICENSE TAX ORDINANCE 95-36, INCREASE OF OCCUPATIONAL LICENSE FEES BY 5 PERCENT, AND ISSUE OF INCREASED ENFORCEMENT FOR OCCUPATIONAL LICENSING. DISCUSSED WITH DIRECTION 2-9-99 The Board expressed concern with juveniles working in adult entertainment establishments, regulating and enforcing businesses that were operating out of the scope of the occupational license, and funding the enforcement. Commissioner Aaronson suggested licensing adult entertainment employees. Assistant County Attorney Dawn S. Wynn said a work identification card permit ordinance would be brought back to the Board in the near future. Tax Collector John K. Clark explained that the Tax Collector's Office was responsible for collecting the occupational license fees and was not involved with the regulating or enforcing responsibilities. STAFF WAS DIRECTED TO:
Commissioners McCarty and Masilotti opposed the fee increase to allow time to discuss other solutions with the business community.
5. 10:30 A.M. - ALTERNATIVE SOURCES TO FUND FUTURE DEFICITS ABOVE THE AMOUNT CURRENTLY PROVIDED TO PALM TRAN FROM AD VALOREM PROCEEDS AND THE THREE CENTS OF THE SIX-CENT LOCAL OPTION GAS TAX DEDICATED TO PALM TRAN. DISCUSSED WITH DIRECTION 2-9-99 Palm Tran Executive Director Robert Finke discussed accomplishments, future challenges, funding deficit, and potential sources of funds to meet the project deficit. Commissioner Lee read the comment cards of the following persons: Lamont Crenshaw, requesting additional and larger shelters and Ellen Epstein, who opposed any fare increases. PUBLIC COMMENT: Metropolitan Planning Organization (MPO) Chair John (Jeff) Koons offered to work with staff on long-term strategies and investigate available Congestion Mitigation and Air Quality Improvement Program (CMAQ) dollars that could be used for new start programs and capitol operating expenses of Palm Tran. Mary Allen, representing the Lighthouse for the Blind; Patsy Baccari, representing students at the James T. Howell Learning Center; Jeffrey Bachman; John Broderick; Isreal Chance; Beverly J. Curphey; David Evans; Ed Gitterman; Louis Guido, Palm Tran employee and Amalgamated Transit Union official; Norma Hermoline; David Jolly; Lorna Krafchuk; Britt Kuhn; Fern Laskin, director of programs at the Habilitation Center for the Handicapped at Boca Raton; Oscar Liberman; Dennis McCabe, president of the Local 1577 Amalgamated Transit Union; Dennis Martin, case manager at Goodwill Industries; Mike Nagelberg; Jay Naiman, vice-president of the National Federation of the Blind for Palm Beach County; Joe Naulty, representing the National Federation of the Blind; Nigel Ricards, president of the Palm Beach County Chapter of the Florida Council of the Blind; Marlene Rivera, domestic violence counselor for the State Attorney's Office; Rosalyn Simon, licensed clinical social worker; Susan Stechnij; Bobbi Valentine; Stan Voice; and Sandra White all agreed that increased fares would force a large number of Palm Tran dependent riders to withdraw from social activities/services, fail to attend needed doctors' appointments, and be unable to attend educational classes because they could not afford the increased fares. The following requests were made to the Board:
Commissioner Aaronson said he previously requested staff to investigate the current level of service for roads. If the level of service was found to be high, then lowering the level may provide funding for the transit system. The current system is difficult to manage because of the size of the County, he said. Commissioner Masilotti expressed concern with the riders ability to complete the Americans with Disabilities Act (ADA) paratransit service applications. Assistant County Administrator Vince Bonvento explained staff is available to assist by telephone and also travel to the applicants' location to assist with the completion of the applications.
Commissioner Masilotti asked if fares could be based on income. Mr. Bonvento said state laws dictate no more than twice the fixed rate fare may be charged for paratransit services and suggested waiving fares for certain income criteria. Commissioner Masilotti agreed with the need to expand hours which may generate additional funds to offset the increased costs.
Commissioner Marcus concurred to expand service for successful routes and eliminate the low ridership routes. Possibly ad valorem funds could be used to expand Palm Tran needs, she said. Mr. Bonvento explained that expanding the fixed routes would require ADA expanded service as well.
Commissioner Roberts suggested that ad valorem funds could possibly be used to fund the Palm Tran deficit. The Board should provide staff direction to establish stricter ADA eligibility standards, either agree to increase SpecTran fares or decide how to increase SpecTran revenue, and investigate service standards the Center for Urban Transportation Research (CUTR) was developing and determine how that will impact the bus system, she said. Commissioner McCarty agreed that ADA eligibility standards should be strengthened. Ms. McCarty said taxes were not a funding option and suggested utilizing the city gas tax/transportation dollars and/or eliminating road projects for funding the deficit. SpecTran should be investigated for not arriving for scheduled pickups and also dropping off children with no supervision, she said. She also expressed concern that ridership was not a Tri-Rail priority. Commissioner Roberts said Tri-Rail's goals did include doubling ridership and legislative mandate had dictated increased revenues within the next five years. Commissioner Newell said the U.S. 1 corridor fixed routes should be expanded and the western area routes, which have low ridership, should be eliminated. Mr. Newell also said that fares should be increased to fund the deficit. CUTR Deputy Director Joel Valinsky said there had been recent discussions about the disbursements of funds that had been allocated to the high-speed rail project and suggested investigating the possibility of using those funds toward the deficit. Commissioner Newell suggested changing the development approval criteria by approving developments that would assist mass transit not discourage it. STAFF WAS DIRECTED TO:
Mr. Bonvento also commented that CUTR should be returning to the Board within 90 days to present the service standards.
RECESS
At 1:05 p.m., the Chair declared the meeting recessed.
RECONVENE
At 2:25 p.m., the Board reconvened with Commissioners Lee, McCarty, Marcus, Masilotti, Newell, and Roberts present. 6. 2:00 P.M. - HEAD START REVISED PERFORMANCE STANDARDS. DISCUSSED 2-9-99
Senator Willie Simmons presented the revised performance standards as required by the federal Head Start regulations. The presentation would clarify the Board's role and responsibilities with regard to governing the Head Start Program, he said. RECESS At 3:20 p.m., the Chair declared the meeting recessed. RECONVENE At 3:30 p.m., the Board reconvened with Commissioners Lee, McCarty, Marcus, Masilotti, Newell, and Roberts present. WORKSHOP ITEMS 7. 3:00 P.M. - STATUS REPORT ON THE WESTERN NORTHLAKE CORRIDOR LAND USE STUDY. DISCUSSED 2-9-99 Planning Division Director Frank M. Duke updated the Board on the Western Northlake Corridor Land Use Study. 3.C.1. REACTIVATION OF THE TRAFFIC PERFORMANCE STANDARDS (TIPS) APPEALS BOARD BY APPOINTING OR REAPPOINTING THE FOLLOWING NOMINEES. IF MORE THAN ONE NOMINEE IS LISTED IN A CATEGORY, THEY WILL SERVE ON A ROTATING BASIS: (1) DIRECTOR OF THE METROPOLITAN PLANNING ORGANIZATION-RANDY WHITFIELD; (2) PROFESSIONAL TRAFFIC ENGINEER EMPLOYED BY A MUNICIPALITY - DOUGLAS HESS; (3) PROFESSIONAL TRAFFIC ENGINEER EMPLOYED BY ANOTHER FLORIDA COUNTY-GEORGE W. ROBERTSON; OSSAMA ALASCHKAR; J. SCOTT HERRING; MARK PLASS; (4) GUS SCHMIDT; AND (5) PROFESSIONAL TRAFFIC ENGINEER WHO GENERALLY REPRESENTS DEVELOPERS-WALTER H. KELLER, JR.; JOSEPH POLLOCK, JR; ROBERT F. RENNEBAUM; ANDREA TROUTMAN; AND ALAN TINTER. (SEE R-99-813) APPROVED WITH DIRECTION 2-9-99 MOTION to reactivate the Traffic Performance Standards Appeals Board with the appointments and reappointments as indicated. Motion by Commissioner Marcus and seconded by Commissioner Roberts.
Commissioner Marcus expressed concern that the nominees were employed by applicants involved in the appeals procedure. County Engineer George T. Webb explained that if there was more than one nominee listed in a category they would serve on a rotating basis. Also, there are nominees from outside the County that are not involved with any appeals process that may go before the appeals board being reactivated today.
The Board expressed concern with the room for interpretation in the Traffic Performance Standards section of Ordinance 92-20 and requested County Administrator Weisman investigate for fairness the interpretations and assumptions used in the approval process for the State Road 7 and State Road 80 projects. Commissioners Newell and Roberts agreed that the Traffic Performance Standards section of the Unified Land Development Code (ULDC) should be reviewed for possible amendments. UPON CALL FOR A VOTE, the motion carried 6-0. Commissioner Aaronson absent. 4.A. ADMINISTRATIVE COMMENTS
4.A.1. R-99-191.1-D ADMINISTRATIVE SUPPORT TO HIRE LOBBYIST RONALD L. BOOK FOR $20,000 AS THE INTERIM EXECUTIVE DIRECTOR FOR THE LEGISLATIVE DELEGATION FOR THE REMAINDER OF THE LEGISLATIVE SESSION. APPROVED 2-9-99 Commissioner Roberts expressed concern with a lobbyist's job description meeting that of an executive director for the Legislative Delegation. She said she had talked with Representative Bill Andrews who supported and conveyed the necessity to hire Mr. Book. MOTION to approve the hiring of Mr. Book. Motion by Commissioner McCarty, seconded by Commissioner Masilotti and carried 5-1. Commissioner Roberts opposed. Commissioner Aaronson absent. 8. ADD-ON ITEM 8.A. METHODOLOGY USED TO FUND THE SHERIFF'S BUDGET. DISCUSSED WITH DIRECTION 2-9-99 (CLERK'S NOTE: For earlier discussion of this item, see Pages 2 and 3.) After a short discussion the Board directed staff to schedule this issue, as soon as possible, for an afternoon discussion during a Board meeting. No backup provided.
9. UNSCHEDULED ITEMS 9.A. ADVERTISING THE MARCH, 1999, BOND REFERENDUM. DISCUSSED 2-9-99 The Board expressed concern that Image Tech Associates, Inc., was advertising more for the Agricultural Reserve bond than the Parks and Recreation bond and possibly misrepresenting the issues. After a lengthy discussion it was decided that any concerns would be discussed with County Administrator Weisman. No backup provided. 9.B. REGULATION OF TITLE LOAN INTEREST RATES AND LEGISLATIVE SUPPORT. DISCUSSED WITH DIRECTION 2-9-99 Commissioner Newell expressed concern with Senate Bill 898 which allows an interest rate of 160 percent and places regulation under the Department of Agriculture and expressed support for the proposed Senate Bill 868 and House Bill 299 allowing an interest rate of 30 percent and placing regulation under the local government. Mr. Newell suggested:
(CLERK'S NOTE: Commissioner McCarty left the meeting.) MOTION to send a letter to the Legislative Delegation and to Senator Childers, and draft an ordinance and resolution as suggested by Commissioner Newell. Motion by Commissioner Newell and Seconded by Commissioner Roberts. Chief Deputy County Attorney Gordon P. Selfridge said the resolution was scheduled for the February 23, 1999, Board meeting and agreed to draft the ordinance and requested letters. UPON CALL FOR A VOTE, the motion carried 5-0. Commissioners Aaronson and McCarty absent. 10. ADJOURNMENT The Chair declared the meeting adjourned at 4:50 p.m. ATTESTED: APPROVED: Clerk Chair |