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WORKSHOP MEETING: BOARD OF COUNTY COMMISSIONERS 1. CALL TO ORDER: May 25, 1999, at 9:34 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 - Arrived later Commissioner Burt Aaronson Commissioner Mary McCarty Commissioner Karen T. Marcus Commissioner Tony Masilotti Commissioner Carol A. Roberts County Administrator Robert Weisman Chief Assistant County Attorney Maureen Cullen Deputy Clerk Carl Zettelmeyer 2. AGENDA APPROVAL 2.A. ADDITIONS, DELETIONS, SUBSTITUTIONS County Administrator Weisman noted the Agenda changes as follows: PAGE ITEM 1 3.B.2. ADD-ON: Staff recommends motion to approve: a contract with TayCon Construction Management, Inc., for the construction of the Morikami Community Park for the base bid amount of $809,000. SUMMARY: This scope of work consists of the construction of a picnic pavilion, restroom building, paving, grading, landscape, and drainage improvements. The overall M/WBE goal for this project is 18%, with a minimum of 8% black participation. TayCon Construction Management has committed to an overall M/WBE participation goal of 27.5% with 8.6% Black participation. This project will meet applicable codes, laws or regulations including accessibility standards associated with the ADA. (Capital Improvements Division) District 5 (JM) (FD&O) 2.B. ADOPTION MOTION to adopt the Agenda as amended. Motion by Commissioner Aaronson and seconded by Commissioner Marcus. Commissioner Roberts questioned the addition of Item 3.B.2. since Board policy is to add items to Workshop agendas only in cases of emergency. According to County Administrator Weisman, no emergency existed in this instance. He explained that both the award to TayCon and the award to DiPompeo Construction (Agenda Item 3.B.1.) involved an award to the second low bidder, and he thought the Board might wish to consider both awards at the same meeting. UPON CALL FOR A VOTE, the motion carried 5-1. Commissioner Roberts opposed. Commissioner Newell absent. 3. REGULAR AGENDA - See Pages 3-6. WORKSHOP ITEMS 4. 9:30 A.M. - FIRE-RESCUE PRESENTED ITS CURRENT STAFFING POLICY AND SIX-YEAR CAPITAL IMPROVEMENT PROGRAM, INCLUDING ESTIMATED COSTS. DISCUSSED WITH DIRECTION 5-25-99 Fire-Rescue Administrator Herman W. Brice outlined the department's accomplishments and the elements of the six-year capital plan. The latter included eight new stations and 11 replacements; 157 additional staff; 13 new and 55 replacement emergency apparatus; and connection to the County's 800 Megahertz system. Michael Mayo, president of Local 2928 of Professional Firefighters/Paramedics of Palm Beach County, Inc., outlined the union's differences with Fire-Rescue management and announced the union's intention to hire an outside agency to audit the department. MOTION to provide the Professional Firefighters/Paramedics of Palm Beach County three months to hire a consultant who will conduct a performance audit of the Fire-Rescue Department and report to the Board. Motion by Commissioner Aaronson and seconded by Commissioner Masilotti. (CLERK'S NOTE: Following extensive discussion, which included alternative funding for Fire-Rescue operations, bond issues, morale within Fire-Rescue, station-by-station analysis of calls, staffing of "either/or" stations, workforce diversity, cost sharing for the performance audit, and the need for an objective audit, the following substitute motion was offered in an effort to curtail further discussion and enable the work of conducting the audit to proceed.) SUBSTITUTE MOTION to authorize the Professional Firefighters/Paramedics of Palm Beach County to proceed with a performance audit as proposed. Motion by Commissioner McCarty and seconded by Commissioner Marcus. Commissioner Marcus expressed reservations about authorizing an audit without imposing a limit on time-to-completion. She also asked for reassurance on cost sharing and consequent unrestricted access to data by both sides. Commissioner Aaronson noted that any audit conducted by the firefighters alone would be bound to raise the question of objectivity. This could be satisfied only by having the audit conducted by a mutually agreed upon consultant, he said. UPON CALL FOR A VOTE, the motion FAILED 3-3. Commissioners Aaronson, Marcus, and Roberts opposed. Commissioner Newell absent. (CLERK'S NOTE: Consensus developed sufficiently around the original motion, and was agreed to by the maker and seconder, to permit the following vote. The sense of the motion was inferred by the Clerk and confirmed by County Administrator Weisman.) MOTION to allow the Professional Firefighters/Paramedics of Palm Beach County and the staff of Fire-Rescue, working with Internal Auditor Michael O'Brien, 30 days within which to agree on a consultant, develop a scope of work for that consultant to follow in conducting a performance audit of the Fire-Rescue Department, and, afterward, report back to the Board. Results of the performance audit, the costs of which are to be shared equally between the Firefighters/Paramedics and Fire-Rescue, will be reported to the Board within six months. Motion by Commissioner Aaronson and seconded by Commissioner Masilotti. STAFF WAS DIRECTED TO:
UPON CALL FOR A VOTE, the motion carried 6-0. Commissioner Newell absent. (CLERK'S NOTE: Commissioners Aaronson and Marcus left the meeting.) 3. REGULAR AGENDA 3.A. CLERK 3.A.1. WARRANT LIST DATED MAY 24, 1999. APPROVED 5-25-99 COMPUTER CHECKS $ 6,679,557.50 WIRE TRANSFERS 5,089,851.26 MANUAL CHECKS 0.00 $11,769,408.76 MOTION to approve the warrant list. Motion by Commissioner Roberts, seconded by Commissioner Masilotti, and carried 4-0. Commissioners Aaronson, Marcus, and Newell absent. 3.A.2. CONTRACTS ON THE CONTRACT LIST EXECUTED BY THE RISK MANAGEMENT DIRECTOR OR THE TOURIST DEVELOPMENT DIRECTOR: a. WORKER'S COMPENSATION CLAIM SETTLEMENT WITH ORLIRIO VALENZUELA FOR $115,750. APPROVED 5-25-99 b. DOCUMENT R-99-959-D CATEGORY G GRANT AGREEMENT WITH ROYAL PALM BEACH YOUTH ATHLETIC ASSOCIATION FOR $5,000 FOR SPONSORSHIP OF THE 1999 NATIONAL SOFTBALL ASSOCIATION B STATE GIRLS' FASTPITCH TOURNAMENT. APPROVED 5-25-99 c. DOCUMENT R-99-960-D CATEGORY A GRANT AGREEMENT WITH GLADES COMMUNITY DEVELOPMENT CORPORATION FOR $4,490 TO PROMOTE, FOSTER, AND ENHANCE TOURISM ACTIVITIES, FACILITIES, AND OPPORTUNITIES THROUGHOUT WESTERN PALM BEACH COUNTY. APPROVED 5-25-99 MOTION to approve the settlement and agreements. Motion by Commissioner Roberts, seconded by Commissioner Masilotti, and carried 4-0. Commissioners Aaronson, Marcus, and Newell absent. RECESS At 11:00 a.m., the Chair declared a recess. RECONVENE At 11:05 a.m., the Board reconvened with Commissioners Aaronson, Lee, McCarty, Marcus, Masilotti, and Roberts present. 3.B. FACILITIES DEVELOPMENT AND OPERATIONS 3.B.1. a. DOCUMENT R-99-961-D CONSTRUCTION CONTRACT WITH DIPOMPEO CONSTRUCTION COMPANY FOR $1.075 MILLION FOR THE CONSTRUCTION OF FIRE STATION 27. APPROVED 5-25-99 b. BUDGET TRANSFER 99-734 BUDGET TRANSFER OF $153,700 IN THE FIRE-RESCUE IMPACT FEE FUND FROM RESERVES--IMPROVEMENT PROGRAM TO BUILDING CONSTRUCTION--CIP FOR THE CONSTRUCTION OF FIRE STATION 27 BY DIPOMPEO CONSTRUCTION. APPROVED 5-25-99 MOTION to approve the contract and the budget transfer. Motion by Commissioner Masilotti and seconded by Commissioner Marcus. Commissioner Roberts asked staff to explain the phrase "adjusted budget." County Administrator Weisman said it meant that, prior to the bid's going out, a higher budget was established for the project. The bid, he said, was within the adjusted budget. PUBLIC COMMENT: Speakers included Dale Hedrick, president of the Associated General Contractors of America; Barkley Henderson, executive vice-president of the Florida East Coast Chapter of the Associated General Contractors of America; Geoffrey Sluggett, representing TayCon Construction, and Garry Szyndlar, president of TayCon Construction Management, Inc. John DiPompeo, president of DiPompeo Construction Company, defended the award of the contract to his company, and was challenged by Mr. Szyndlar, who questioned the qualifications of DiPompeo's subcontractors. Both Mr. Henderson and Mr. Hedrick were critical of the County's contract bid process, questioning the meaning of the expression "minor irregularity," and maintaining that it was just such an irregularity that had led to TayCon's bid being rejected. Both also urged the practice of inter-county reciprocal licensing on the Board. Mr. Sluggett, too, recommended the practice of reciprocal licensing and a clarification of the minor irregularity clause. Commissioner Roberts asked staff to explain why the five pool builders suggested by Facilities Development and Operations in the Seminole Palms Aquatic Center request for proposals were not licensed in the County. Commissioner McCarty recalled the opposition of Associated General Contractors to granting local preference to contractors from the County and said she would like an opportunity to bring the question to a vote by the Board. She would support the practice, she said. Commissioners Masilotti, Marcus, and Aaronson voiced agreement with her on the issue. Commissioner Masilotti raised the question of "minor irregularities" once more and received a definition from Assistant County Attorney James Mize, Jr. According to Mr. Mize, a minor irregularity is "a variation from the bid invitation or proposal terms and conditions which does not affect the price of the bid or give the bidder a competitive advantage or benefit not enjoyed by other bidders, or does not adversely impact the interests of the owners." (CLERK'S NOTE: Commissioner Newell joined the meeting.) Commissioner Aaronson recommended holding a workshop during which all of the issues under discussion could be raised for clarification. He pointed out how the ambiguity surrounding the issue of minor irregularities was costing the County money by forcing awards in some instances to other than the low bidder. UPON CALL FOR A VOTE, the motion carried 6-1. Commissioner Roberts opposed. 3.B.2. DOCUMENT R-99-962-D CONTRACT WITH TAYCON CONSTRUCTION MANAGEMENT, INC., FOR THE CONSTRUCTION OF THE MORIKAMI COMMUNITY PARK FOR THE BASE BID AMOUNT OF $809,000. APPROVED 5-25-99 MOTION to approve the contract. Motion by Commissioner Aaronson, seconded by Commissioner Masilotti, and carried 7-0. WORKSHOP ITEMS - CONTINUED 5. 10:30 A.M. - COSTS OF THE COMPREHENSIVE PLAN--A REPORT PREPARED TO IDENTIFY THOSE ELEMENTS WITH SPECIFIED SERVICE LEVELS AND TO ESTIMATE THE COST OF PROVIDING THOSE SERVICES. THE REPORT ALSO ANALYZES THE FEASIBILITY OF FUNDING THE COMPREHENSIVE PLAN LEVELS OF SERVICE, GIVEN HISTORICAL AND ANTICIPATED FUNDING AVAILABILITY. DISCUSSED WITH DIRECTION 5-25-99 Richard Roberts, director of the Office of Financial Management and Budget, identified several County departments that are projected, over the next 15 years, to require additional funding if they are to achieve and maintain stated levels of service. These include Parks and Recreation, Library, Fire-Rescue, Engineering and Public Works, Palm Tran, and Housing and Community Development. Two enterprise departments, Airports and Water Utilities, are thought to have adequate operating revenues and resources, Mr. Roberts said. He also noted several departments whose Comprehensive Plan requirements are such that they are not thought to have a significant financial impact on the County. These departments include Environmental Resources Management, Public Safety, Community Services, and Planning, Zoning and Building. Mr. Roberts said that, as an additional source of revenue, he would recommend charging the maximum allowable impact fees at the regular Board meeting on June 8, 1999. STAFF WAS DIRECTED TO:
RECESS At 12:35 p.m., the Chair declared the meeting recessed. RECONVENE At 2:07 p.m., the Board reconvened with Commissioners Aaronson, Marcus, Masilotti, Newell, and Roberts present. 6. 2:00 P.M. - SUBSTANCE ABUSE OUTCOME MEASURES--ANNUAL REPORT ON THE PERFORMANCE OF THE SUBSTANCE ABUSE DELIVERY SYSTEM. DISCUSSED WITH DIRECTION 5-25-99 Barbara Cox-Gerlock, chair of the Citizens Advisory Committee on Health and Human Services, presented the report on behalf of Community Services. She reviewed data collection, client profiles, target population, service information, program outcome, and funding, concluding with recommendations for improving the system. Commissioner Aaronson suggested that data on program outcomes should include long-range information on clients who not only complete the rehabilitation phase but remain free of substance abuse. He wanted to know such things as how many find work and how many remain out of jail. He also said information on contributions by the municipalities would be useful. Commissioner Roberts asked whether Community Services would eventually be able to report outcomes using locally collected data instead of relying on the Florida Department of Children and Families. Director of Community Services Ed Rich reported that his department had purchased the necessary software and was interviewing candidates for a staff position that will coordinate data gathering and reporting activities. Assistant County Administrator Jean Creamer said Community Services could report at a workshop in 90 days on the results of the selection process and plans for producing the report locally. This would be the September 21, 1999, workshop, she said. Dr. Cox-Gerlock suggested scheduling a retreat for provider agencies and the Board to discuss substance abuse issues. Commissioner Marcus recommended inviting representatives of the Federal Bureau of Alcohol, Tobacco and Firearms, and the School Board. STAFF WAS DIRECTED TO:
7. 3:00 P.M. - PALM TRAN PARATRANSIT ELIGIBILITY DETERMINATIONS, INCLUDING AN IN-PERSON FUNCTIONAL ASSESSMENT PROCESS FOR DETERMINING AMERICANS WITH DISABILITIES PROGRAM ELIGIBILITY; SHORTENING OF THE ADVANCED RESERVATIONS REQUIREMENTS FROM 1-14 DAYS PRIOR TO TRAVEL TO 1-7 DAYS, AND MODIFYING THE CANCELLATION POLICY FROM A ONE-HOUR NOTICE REQUIREMENT TO A TWO-HOUR NOTICE REQUIREMENT. DISCUSSED WITH DIRECTION 5-25-99 Jennifer Hardin of the Center for Urban Transportation Research (CUTR) at the University of South Florida summarized the report, explaining that the changes proposed would screen riders seeking classification as complimentary riders under provisions for either the Americans With Disabilities Act (ADA) or Palm Tran's Transportation Disadvantaged (TD) program. These riders would be required to submit to an interview with Palm Tran staff trained to assess disabilities and to referral by a third-party assessor of those disabilities that staff cannot determine definitively. CUTR had also recommended, Ms. Hardin added, changing the advance reservation requirements from 1-14 days prior to travel to 1-7 days and modifying the cancellation policy from a one-hour notice requirement to a two-hour notice requirement. Commissioner Aaronson asked whether the projected $250,000 first-year cost of the assessment program would be the best possible use of the money. Assistant County Administrator Vince Bonvento responded by saying Palm Tran hoped to recover the cost in reduced complimentary ridership. The proposed budget included money for the interviewer positions, Mr. Bonvento observed, but not the medical staff. The projected cost to eliminate the estimated 375 riders thought to be ineligible was excessive was in his view, Commissioner Aaronson said. He requested study of the effect of shortening advance reservation time on failure-to-cancel operating costs. Mr. Bonvento reminded the Board that all staff sought from the workshop was approval of the eligibility process, not the specific details of that process. PUBLIC COMMENT: Israel Chance, Mike Nagelberg, director of the Blind Veterans of Southern Florida, and Stan Voice commented on the proposal. Mr. Nagelberg and Mr. Voice both suggested that the practice in Broward County of making riders with certain conditions automatically eligible for complimentary ridership should be adopted by Palm Tran. (CLERK'S NOTE: Commissioners Aaronson and Marcus left the meeting.) Mr. Bonvento told the board that staff hoped to have an assessment program in place by October 1, 2000. MOTION to advertise for and hold the public hearing in July 1999. Motion by Commissioner Roberts, seconded by Commissioner Masilotti, and carried 5-0. Commissioners Aaronson and Marcus absent. 8. ADJOURNMENT The Chair declared the meeting adjourned at 4:31 p.m. ATTESTED: APPROVED: Clerk Chair |
