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MEETING: BOARD OF COUNTY COMMISSIONERS, REGULAR

1. CALL TO ORDER: June 8, 1999, at 9:37 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 - Arrived later

Commissioner Karen T. Marcus

Commissioner Tony Masilotti - Arrived later

Commissioner Carol A. Roberts

County Administrator Robert Weisman

County Attorney Denise Dytrych

Chief Deputy Clerk John W. Dame

Deputy Clerk Linda C. Hickman

1.B. INVOCATION - Commissioner Newell

1.C. PLEDGE OF ALLEGIANCE

2. AGENDA APPROVAL

2.A. ADDITIONS, DELETIONS, SUBSTITUTIONS

County Administrator Weisman noted the Agenda changes as follows:

PAGE ITEM

27 3AA-1 REVISED MOTION & TITLE: Staff recommends a motion to approve adopt: a Resolution authorizing the Florida Commission for the Transportation Disadvantaged (CTD) Trip and Equipment Grant Application in the amount of $1,239,619 for continuation of Palm Beach County's Transportation Disadvantaged (TD) Program, for the period of July 1, 1999 through June 30, 2000. (Palm Tran)

29 4F ADD-ON: Proclamation declaring the week of June 7- 13, 1999 as "National Homeownership Week". (Sponsored by Commissioner Lee)

32 6B-3 REVISED SUMMARY: The Board of County Commissioners has budgeted $500,000 for acquisition of art to be displayed in the Palm Beach County Courthouse and its satellites. This resolution establishes the County Committee for Courthouse Art (Committee), which will be responsible for advising the Board as to the selection, acquisition, and placement of works of art in and immediately outside the courthouses. The Committee will consist of five (5) to seven (7) members to be appointed by the Board. Countywide (Co Atty)

33 6C-2 REVISED SUMMARY: The County costs for providing Land Development Division related services to the public have increased significantly over the last several years while the service has deceased. In order to bring the user fees into conformance with present day work activity costs and provide a high better quality of service to the public in keeping with current day standards and demands, a comprehensive fee revision is necessary. As part of this revision, increased Permit Section fees will fund the salaries of two (2) additional staff personnel for that Section in order to accommodate both current and future public service workload demands.

Over $200,000 in additional fees is expected from these increases. This revision will upgrade the existing user fees to meet all current day objectives. We believe that we have industry support for these actions. Countywide (ME) (Eng)

35 6D-4 TIME CERTAIN 2:15 P.M. & REVISED TITLE & SUMMARY: Staff recommends motion to approve: the following for the proposed Convention Center Project:

A) The Interlocal Agreement with Staff's proposed changes for resubmittal to the City for its approval contingent upon CityPlace's approval of the revised CityPlace Agreement.

B) That the design continues and provides for a Convention Center at the now estimated total cost of $72,355,144 (hard construction cost - $54,195,307 - project soft cost - $11,055,676 - project contingency - $7,104,161). The cost of the Convention Center includes a 100,000 square foot exhibition hall, a 25,000 square foot ballroom and 12 meeting rooms with a total of 16,570 square feet. Attached is the breakdown of space and square footage regarding that space.

C) The projected general schedule for the design and construction of the Convention Center.

D) The separate CityPlace agreement regarding the hotel property with proposed changes for resubmittal to CityPlace for approval contingent upon the City's approval of the revised Interlocal Agreement.

E) The amended Site Plan with County's Tract 7 modifications.

SUMMARY: The City has forwarded to the Board an Amended Site Plan and Interlocal Agreement wherein the City has offered to convey to the County a site for a Convention Center consisting of a total of 19.32 acres. The Amendment to the Site Plan was due to a clarification regarding the townhouse buffer at new M Street and Florida Avenue depicted as Tract 7 on the site plan. The County staff agreed to the configuration of Tract 7, however the City retained control of this tract. This tract is insignificant to the townhouse buffer but significant to the entrance of the Convention Center. This tract should be County owned subject to the agreed upon restrictions.

Regarding pending litigation and other Interlocal Agreement issues, a review has been prepared by the County Attorney's Office and is attached to this item. County staff is concerned that the title insurance is inadequate at a $5M coverage especially in light of the Property Appraiser's value of the property at $11M and title insurance law which requires the insurance to equal the fair market value of the property. Though a claim against the property seems remote, the possibility still exists. County staff had originally agreed to a Special Warranty Deed with Right of Reverter and Restrictive Covenant and Easement. Staff is recommending the Board require a General Warranty Deed as well as other revisions to protect the County's interest. Countywide (GPS) (FD&O)

36 6D-5 TIME CERTAIN 2:15 P.M.: A) Amendment No. 5, in the amount of $1,700,000 to Contract with STH Architectural Group, Inc., and Thompson, Ventulett, Stainback & Associates, Inc., Architects (STH/TVS) for continuing design services for the Convention Center Program; and

B) Budget Transfer of $2,405,293 from TDC 4th Cent Reserves to fund the Amendment. (FD&O)

PAGE ITEM

36 6D-6 TIME CERTAIN 2:15 P.M.: Amendment No. 1, to the Contract with O'Brien Kreitzberg, Inc. (R98-194D) in the amount of $705,293 for program management services through the completion of the design phase in conjunction with the Convention Center Project. (FD&O)

41 6L-1 ADD-ON: Staff seeks direction regarding implementation of a Special Master system, in lieu of the present Code Enforcement Board. SUMMARY: Code violations are currently presented to the County's 7-member Code Enforcement Board. On February 23, 1999 the BCC directed staff to address the feasibility of having code violations presented to designated special masters in lieu of the Code Enforcement Board. Countywide (LB)

42 7A-1 DELETED: the appointment of the following new member to the Boca Raton Airport Authority for a two (2) year term ending on June 1, 2001. (Admin)

45 7C-1 REVISED TITLE: Appointment of thirteen (13) members to the Palm Beach County Complete Count 2000 Committee.

Nominee Organization Seat No. Nominated By:

CHOOSE SEVEN (7)*:

Mort Levin Old Port Cove District 1 Comm. Marcus

Property Owners, Inc.

Carol A. Board of County District 2 Comm. Roberts

Roberts Commissioners

Autrie Glades Community District 6 Comm. Masilotti

Moore-Williams Development Corp.

Thyra Starr Urban League of District 7 Comm. Lee

Palm Beach County

Sylvia Wolf United South District 5 Comm. Aaronson

Herman County Democratic Club

* Additional nominations from Commissioners are anticipated

46 7E-1 DELETED: Two (2) of the following for appointment as Special Master for the Code Enforcement Division: (PZ&B)

2.B. ADOPTION

MOTION to adopt the Agenda as amended. Motion by Commissioner Marcus, seconded by Commissioner Aaronson, and carried 5-0. Commissioners McCarty and Masilotti absent.

3. CONSENT AGENDA - See Page 22 for approval.

4. SPECIAL PRESENTATIONS - 9:30 A.M. - See Pages 23-23.

5. PUBLIC HEARINGS - 9:30 A.M. - See Page 23.

6. REGULAR AGENDA - See Pages 24-54.

TIME CERTAIN - 11:15 A.M. - 6.F.1. - See Pages 36-40.

- 2:15 P.M. - 6.D.4. - See Pages 43-49.

- 6.D.5. - See Page 49.

- 6.D.6. - See Page 49.

7. BOARD APPOINTMENTS - See Pages 53-55.

8. CHILD CARE FACILITIES BOARD

See separate meeting of this date, Item 8.A.1.

9. MATTERS BY THE PUBLIC - 2:00 P.M. - See Pages 41-42.

10. STAFF COMMENTS - See Pages 56-57.

11. COMMISSIONER COMMENTS - See Pages 57-63.

12. ADJOURNMENT - See Page 63.


***** CONSENT AGENDA APPROVAL *****

INFORMATION: Item pulled from the Consent Agenda for individual discussion at the request of a member of the Board was Number 3.C.11. For discussion of the item, see Pages 52-53.

3.A. ADMINISTRATION

3.A.1.

a. DOCUMENT R-99-991-D

RECEIVE AND FILE NORTH COUNTY GENERAL AVIATION T-HANGAR LEASE WITH BRIAN CROSBY FOR $275 PER MONTH FROM MAY 1, 1999, THROUGH APRIL 30, 200. APPROVED 6-8-99

b. DOCUMENT R-99-992-D

RECEIVE AND FILE AN AGREEMENT WITH WORLD TECHNOLOGY SYSTEMS, INC., COVERING THE OPERATION OF AIRCRAFT AT PALM BEACH INTERNATIONAL AIRPORT FOR FEES AND CHARGES AS ESTABLISHED BY THE COUNTY FROM TIME TO TIME, FROM MARCH 4, 1999, THROUGH SEPTEMBER 30, 1999. APPROVED 6-8-99

3.A.2.

RECEIVE AND FILE CITY OF PALM BEACH GARDENS RESOLUTION 63, 1999, REQUESTING AND URGING THE U.S. ARMY CORPS OF ENGINEERS AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO MODIFY THE EXISTING S-44 WATER CONTROL STRUCTURE LOCATED WITHIN THE C-17 CANAL BY INSTALLATION OF A THIRD CONTROL GATE AS ORIGINALLY DESIGNED. APPROVED 6-8-99

3.B. CLERK

3.B.1.

WARRANT LIST DATED JUNE 7, 1999. APPROVED 6-8-99

COMPUTER CHECKS $14,165,229.41

WIRE TRANSFERS 60,050,438.33

MANUAL CHECKS 292,988.00

TRUSTEE DISBURSEMENTS 0.00

$74,508,655.74

3.B.2.

MINUTES OF THE REGULAR BCC MEETING OF MARCH 16, ENVIRONMENTAL CONTROL BOARD OF MARCH 16, REGULAR BCC WORKSHOP OF MARCH 22, ZONING MEETING OF APRIL 8, AND REGULAR BCC WORKSHOP OF APRIL 27, 1999. APPROVED 6-8-99

3.B.3.

CONTRACTS ON CONTRACT LIST AND CLAIMS SETTLEMENT EXECUTED BY THE PURCHASING DIRECTOR OR RISK MANAGEMENT DIRECTOR:

a.

INCREASE IN TERM CONTRACT WITH WEISER SECURITY SERVICES, INC., TO PROVIDE UNARMED SECURITY SERVICES FOR VARIOUS COUNTY LOCATIONS FROM OCTOBER 13, 1998, THROUGH NOVEMBER 30, 1999, FOR $381,450. APPROVED 6-8-99

b.

INCREASE IN TERM CONTRACT WITH TROPIC FENCE, INC., TO FURNISH AND INSTALL CHAINLINK FENCE ON AN AS-NEEDED BASIS FROM DECEMBER 18, 1998, THROUGH JUNE 17, 2000, FOR $305,000. APPROVED 6-8-99

c.

INCREASE IN TERM CONTRACT WITH BRAVCO, HUGHES SUPPLY INC., MELROSE SUPPLY & SALES CORPORATION, AND U.S. FILTER DISTRIBUTION GROUP TO PROVIDE IRRIGATION PARTS BY MANUFACTURER ON AN AS-NEEDED BASIS FROM AUGUST 25, 1998, THROUGH AUGUST 24, 1999, FOR $160,000. APPROVED 6-8-99

d.

TERM CONTRACT WITH WEST GROUP, INC., TO PURCHASE LAW BOOKS AND LEGAL PUBLICATIONS FROM JULY 1, 1999, THROUGH JUNE 30, 2000, FOR $250,000. APPROVED 6-8-99

e.

TERM CONTRACT WITH DIANA FOOD GROUP, INC., TO PURCHASE MEALS AND SUPPLEMENTS FROM JUNE 9, 1999, THROUGH AUGUST 13, 1999, FOR $380,000. APPROVED 6-8-99

f. DOCUMENT R-99-993-D

RENEWAL OF CONTRACT WITH ATC ASSOCIATES, INC. (R-98-809-D); DAMES & MOORE, INC. (R-98-810-D); ENHEALTH ENVIRONMENTAL, INC. (R-98-811-D); ENTEK ENVIRONMENTAL & TECHNICAL SERVICES, INC. (R-98-812-D); EVANS ENVIRONMENTAL & GEOSCIENCES (R-98-813-D); GAUDET ASSOCIATES, INC. (R-98-814-D); GLE ASSOCIATES, INC. (R-98-815-D); PROFESSIONAL SERVICE INDUSTRIES, INC. (R-98-816-D); AND J. J. SOSA & ASSOCIATES, INC. (R-98-817-D) FOR ASBESTOS CONSULTING SERVICES ON AN AS-NEEDED BASIS FROM JUNE 16, 1999, THROUGH JUNE 15, 2000, FOR $175,000. (AMENDS R-98-809-D, R-98-810-D, R-98-811-D, R-98-812-D, R-98-813-D, R-98-814-D, R-98-815-D, R-98-816-D, AND R-98-817-D) APPROVED 6-8-99

g. DOCUMENT R-99-994-D

RENEWAL OF CONTRACT WITH ERMC III LIMITED PARTNERSHIP FOR MAINTENANCE SERVICES FOR LOADING BRIDGES, CONVEYORS, AND CABIN AIR SYSTEMS INCLUSIVE OF PARTS AT PALM BEACH INTERNATIONAL AIRPORT TERMINAL FROM AUGUST 1, 1999, THROUGH JUNE 31, 2000, FOR $622,528. (AMENDS R-95-987-D) APPROVED 6-8-99

h.

WORKER'S COMPENSATION SETTLEMENT WITH SHERRI JONES FOR $60,000 FOR A HERNIATED DISC AT L4-5, FROM WHICH SHE HAS DEVELOPED UROLOGICAL AND PSYCHIATRIC PROBLEMS. APPROVED 6-8-99

3.B.4. DOCUMENT R-99-995-D

AGREEMENT WITH AMERICAN MANAGEMENT SYSTEMS, INC., FOR ONGOING ANNUAL MAINTENANCE FOR THE COUNTY'S FINANCIAL SYSTEM FOR THREE YEARS COMMENCING JUNE 18, 1999, THROUGH JUNE 17, 2002, FOR A TOTAL COST OF $480,000. APPROVED 6-8-99

3.B.5. DOCUMENT R-99-996-D

STATE REVENUE SHARING APPLICATION FOR FISCAL YEAR 1999-2000 IN ORDER TO BE CONSIDERED FOR ANY FUNDS TO BE DISTRIBUTED UNDER THE REVENUE SHARING ACT. APPROVED 6-8-99

3.B.6.

REVIEW FOR SUFFICIENCY AND RECEIVE AND FILE A REPORT OF COUNTY OFFICIALS BONDS FOR EXAMINATION AS TO THE SUFFICIENCY OF THE SURETIES, DATED JUNE, 1999. APPROVED 6-8-99

3.B.7.

RECEIVE AND FILE COUNTY ANNUAL FINANCIAL REPORTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 1998, CONSISTING OF COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), STATEMENT OF CONFLICT COUNSEL EXPENSES AND COSTS, AND STATEMENT OF REVENUES AND EXPENDITURES OF ADDITIONAL COURT COSTS. APPROVED 6-8-99

3.C. ENGINEERING AND PUBLIC WORKS

3.C.1. BUDGET TRANSFER 99-821

BUDGET TRANSFER IN THE TRANSPORTATION IMPROVEMENT FUND FOR $70,000 FROM DISTRICT 5 IMPROVEMENT RESERVES TO THE ORIOLE COUNTRY ROAD PATHWAY PROJECT. APPROVED 6-8-99

3.C.2.

a. DOCUMENT R-99-997-D

CONTRACT WITH STRUC TECH ENGINEERING, INC., FOR $100,860 FOR THE CONSTRUCTION OF PALMETTO PARK ROAD MEDIAN CURBING FROM RIVERSIDE DRIVE TO C-1 CANAL. APPROVED 6-8-99

b. BUDGET AMENDMENT 99-823

BUDGET AMENDMENT IN THE COUNTY TRANSPORTATION TRUST FUND FOR $24,400 RECOGNIZING A DEVELOPER'S CONTRIBUTION FOR THE PALMETTO PARK ROAD MEDIAN CURBING PROJECT. APPROVED 6-8-99

3.C.3. BUDGET TRANSFER 99-833

BUDGET TRANSFER IN THE TRANSPORTATION IMPROVEMENT FUND FOR $25,000 FROM ROAD PROGRAM RESERVES FOR DESIGN AND ALIGNMENT (FY 1999) TO THE HAVERHILL ROAD FROM COMMUNITY DRIVE TO LAKESIDE GREEN BOULEVARD PROJECT. APPROVED 6-8-99

3.C.4.

RECEIVE AND FILE A REPORT OF DOCUMENTS CONVEYING RIGHTS-OF-WAY AND/OR EASEMENTS WHICH HAVE BEEN ACCEPTED BY THE COUNTY ENGINEER AS PROVIDED IN RESOLUTION R-87-1071. APPROVED 6-8-99

3.C.5.

RECEIVE AND FILE A REPORT OF PLAT RECORDATIONS FROM JANUARY 1, 1999, THROUGH MARCH 31, 1999. APPROVED 6-8-99

3.C.6.

a. RESOLUTION R-99-998

RESOLUTION DECLARING THE ACQUISITION OF PROPERTY KNOWN AS PARCELS 101, 102, 102A, 102B, 102C, 102D, 103, 104, 107, 107A, 107B, 108, 108A, AND 108B IN FEE SIMPLE AND PARCELS 101E, 102E1, 102E2, 103E, 104E, 107E1, 107E2, 108E1, AND 108E2 AS EMBANKMENT EASEMENTS NECESSARY FOR THE IMPROVEMENT OF LYONS ROAD - DELRAY TRAINING CENTER PLANNED UNIT DEVELOPMENT, AUTHORIZING THE SELECTION OF APPRAISERS AND THE FILING OF EMINENT DOMAIN PROCEEDINGS. ADOPTED 6-8-99

b. BUDGET AMENDMENT 99-894

BUDGET AMENDMENT IN THE ROAD IMPACT FEE AREA K FUND FOR $745,614 RECOGNIZING ROAD IMPACT FEE REVENUE FROM A DEVELOPER FOR THE LYONS ROAD - DELRAY TRAINING CENTER PLANNED UNIT DEVELOPMENT PROJECT. APPROVED 6-8-99

3.C.7.

a. DOCUMENT R-99-999-D

JOINT PROJECT PARTICIPATION FUNDING AGREEMENT WITH SEACOAST UTILITY AUTHORITY FOR CONSTRUCTION OF WATER DISTRIBUTION AND/OR SEWAGE TRANSMISSION SYSTEMS, UTILITY ADJUSTMENTS AND OTHER UTILITY SYSTEM IMPROVEMENTS TO BE INCORPORATED INTO THE COUNTY'S CONSTRUCTION OF NORTHLAKE BOULEVARD AND ALTERNATE A1A (SR 811), AND NORTHLAKE BOULEVARD AND OLD DIXIE HIGHWAY PROJECT. THE COUNTY TO BE REIMBURSED FOR THE CONSTRUCTION COSTS AT AN ESTIMATED COST OF $22,722. APPROVED 6-8-99

b. BUDGET AMENDMENT/TRANSFER 99-822

BUDGET AMENDMENT/TRANSFER IN THE TRANSPORTATION IMPROVEMENT FUND FOR $22,722 RECOGNIZING PARTICIPATION BY THE SEACOAST UTILITY AUTHORITY IN THE NORTHLAKE BOULEVARD AND ALTERNATE A1A (SR 811), AND NORTHLAKE BOULEVARD AND OLD DIXIE HIGHWAY PROJECT AND TRANSFERRING THOSE FUNDS TO INTERSECTION RESERVES. APPROVED 6-8-99

3.C.8. DOCUMENT R-99-1000-D

CORRECTIVE EASEMENT DEED WITH THE SCHOOL BOARD TO RELEASE A PREVIOUSLY EXECUTED AND RECORDED EASEMENT DEED WHICH MISTAKENLY CONTAINED LANGUAGE FOR SEWER EASEMENTS AND THE LEGAL DESCRIPTION FOR RIGHT-OF-WAY WHICH HAD BEEN DEEDED BY ANOTHER INSTRUMENT FOR A PARCEL LOCATED IN THE SOUTHEAST QUARTER (S.E. 1/4) OF SECTION 10, TOWNSHIP 45 SOUTH, RANGE 42 EAST. APPROVED 6-8-99

3.C.9.

a. DOCUMENT R-99-1001-D

AMENDMENT 2 TO THE JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION FOR A ROADWAY INTERCHANGE FACILITY IN CONNECTION WITH AUSTRALIAN AVENUE AND CONGRESS AVENUE, AND STATE ROAD 80/SOUTHERN BOULEVARD PROJECT TO INCREASE STATE FUNDING FOR AN ADDITIONAL $125,057 FOR PROFESSIONAL SERVICES TO REVISE THE FINAL CONSTRUCTION DOCUMENTS AND PROVIDE POST DESIGN SERVICES. (AMENDS R-96-1292-D) APPROVED 6-8-99

b. DOCUMENT R-99-1002-D

SUPPLEMENTAL AGREEMENT 14 AND ADDITIONAL CONSULTANT SERVICES AUTHORIZATION FOR $125,057 WITH ADAIR & BRADY, INC., FOR CONSULTING SERVICES FOR THE AUSTRALIAN AVENUE AND CONGRESS AVENUE, AND STATE ROAD 80/SOUTHERN BOULEVARD PROJECT. (AMENDS R-87-398-D) APPROVED 6-8-99

c. BUDGET AMENDMENT 99-861

BUDGET AMENDMENT IN THE TRANSPORTATION IMPROVEMENT FUND FOR $125,057 INCREASING REVENUE FROM FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE AUSTRALIAN AVENUE AND CONGRESS AVENUE, AND STATE ROAD 80/SOUTHERN BOULEVARD PROJECT. APPROVED 6-8-99

3.C.10. DOCUMENT R-99-1003-D

CONTRACT WITH ROSSO PAVING & DRAINAGE, INC., FOR $128,840.25 FOR CONSTRUCTION OF NORTHLAKE BOULEVARD AT ALTERNATE 1A1 AND OLD DIXIE HIGHWAY INTERSECTION IMPROVEMENTS. APPROVED 6-8-99

3.C.11. See Pages 52-53.

3.D. COUNTY ATTORNEY

3.D.1. RESOLUTION R-99-1004

RESOLUTION CANVASSING THE RETURNS OF THE MARCH 1999 REFERENDUM ELECTION REGARDING THE ISSUANCE OF NOT-EXCEEDING $1.5 MILLION IN GENERAL OBLIGATION BONDS FOR IMPLEMENTING A LAND ACQUISITION PROGRAM FOR CONSERVATION PURPOSES, AND CERTIFYING THE ELECTION RETURNS. ADOPTED 6-8-99

3.D.2. RESOLUTION R-99-1005

RESOLUTION CANVASSING THE RETURNS OF THE MARCH, 1999 REFERENDUM ELECTION REGARDING THE ISSUANCE OF NOT-EXCEEDING $25 MILLION IN GENERAL OBLIGATION BONDS TO FINANCE THE ACQUISITION, CONSTRUCTION AND/OR IMPROVEMENTS TO CERTAIN RECREATION AND CULTURAL FACILITIES, AND CERTIFYING THE ELECTION RETURNS. ADOPTED 6-8-99

3.D.3. DOCUMENT R-99-1006-D

AMENDMENT 2 TO THE AGREEMENT WITH THE LAW FIRM OF MOYLE, FLANIGAN, KATZ, KOLINS, RAYMOND & SHEEHAN, P.A., TO INCLUDE THE PROVISION OF BOND VALIDATION SERVICES RELATED TO THE ISSUANCE OF NOT-TO-EXCEED $25 MILLION IN GENERAL OBLIGATION BONDS TO BE USED FOR RECREATIONAL AND CULTURAL FACILITIES PROJECTS. (AMENDS R-98-2077-D) APPROVED 6-8-99

3.D.4. DELETED

3.D.5. DOCUMENT R-99-1007-D

CONTINUAL PROXY APPOINTING COMMISSIONER KAREN T. MARCUS AS THE COUNTY'S REPRESENTATIVE FOR PURPOSES OF VOTING AT THE JUNE 10, 1999, MEETING AND AT EACH ANNUAL MEETING THEREAFTER, OF THE PAL MAR WATER CONTROL DISTRICT, UNTIL THE PROXY IS REVOKED. APPROVED 6-8-99

3.E. COMMUNITY SERVICES

3.E.1.

a. DOCUMENT R-99-1008-D

AMENDMENT 1 TO THE CONTRACT WITH FLORIDA DEPARTMENT OF ELDER AFFAIRS INCREASING THE TOTAL CONTRACT BY $38,563 FOR A TOTAL OF $94,183 FOR THE RESPITE FOR ELDERS LIVING IN EVERYDAY FAMILIES PROGRAM TO EXPAND THE CURRENT LEVEL OF RESPITE SERVICES BY INCLUDING ADDITIONAL FRAIL ELDERLY PERSONS AS WELL AS PROVIDING EVENING AND WEEKEND RESPITE SERVICES. NO COUNTY FUNDS ARE REQUIRED. (AMENDS R-98-1932-D) APPROVED 6-8-99

b. BUDGET AMENDMENT 99-827

BUDGET AMENDMENT IN DEPARTMENT OF SENIOR SERVICES (DOSS) FUND FOR $38,563 TO REFLECT AN INCREASE IN FUNDING FROM FLORIDA DEPARTMENT OF ELDER AFFAIRS FOR THE RESPITE FOR ELDERS LIVING IN EVERYDAY FAMILIES PROGRAM. APPROVED 6-8-99

3.E.2.

a. DOCUMENT R-99-1009-D

MEDICAID WAIVER REFERRAL AGREEMENT WITH INTERNATIONAL HOME HEALTH CARE WHEREBY THE AREA AGENCY ON AGING OF PALM BEACH/TREASURE COAST, INC., HAS ALLOCATED SPENDING AUTHORITY TO THE DIVISION OF SENIOR SERVICES (DOSS) TO PROVIDE SERVICES TO MEDICAID WAIVER CLIENTS. THE VENDORS WILL BILL MEDICAID DIRECTLY FOR IN-HOME SERVICES. DOSS IS MANDATED TO ENTER INTO A REFERRAL AGREEMENT WITH ANY VENDOR ENROLLED AS A MEDICAID WAIVER VENDOR WITH THE STATE. NO COUNTY FUNDS ARE REQUIRED. APPROVED 6-8-99

b. DOCUMENT R-99-1010-D

MEDICAID WAIVER REFERRAL AGREEMENT WITH NEW DIMENSIONS ELDERLY CARE SERVICES CORPORATION WHEREBY THE AREA AGENCY ON AGING OF PALM BEACH/TREASURE COAST, INC., HAS ALLOCATED SPENDING AUTHORITY TO THE DIVISION OF SENIOR SERVICES (DOSS) TO PROVIDE SERVICES TO MEDICAID WAIVER CLIENTS. THE VENDORS WILL BILL MEDICAID DIRECTLY FOR IN-HOME SERVICES. DOSS IS MANDATED TO ENTER INTO A REFERRAL AGREEMENT WITH ANY VENDOR ENROLLED AS A MEDICAID WAIVER VENDOR WITH THE STATE. NO COUNTY FUNDS ARE REQUIRED. APPROVED 6-8-99

3.E.3. DOCUMENT R-99-1011-D

CONTRACT WITH DEPARTMENT OF CHILDREN AND FAMILIES FOR A GRANT-IN-AID PROGRAM TO PREVENT HOMELESSNESS FROM JULY 1, 1999, THROUGH JUNE 30, 2000, FOR A TOTAL CONTRACT AMOUNT OF $54,931. A 25 PERCENT MATCH IS REQUIRED AND IS MET THROUGH IN-KIND SALARIES OF SOCIAL WORKERS. NO COUNTY FUNDS ARE REQUIRED. APPROVED 6-8-99

3.E.4. DOCUMENT R-99-1012-D

LEASE AGREEMENT WITH OPERATION HOPE TO PROVIDE HOUSING FOR COMMUNITY ACTION PROGRAM CLIENTS FROM JUNE 8, 1999, THROUGH SEPTEMBER 30, 1999, FOR A TOTAL COST OF $6,968, WHICH CONSISTS OF $5,575 (80%) IN FEDERAL FUNDS AND $1,393 (20%) IN COUNTY FUNDS. APPROVED 6-8-99

3.E.5. DOCUMENT R-99-1013-D

LEASE AGREEMENT WITH VERN FERGUSON TO PROVIDE HOUSING FOR COMMUNITY ACTION PROGRAM CLIENTS FROM JUNE 8, 1999, THROUGH SEPTEMBER 30, 1999, FOR A TOTAL COST OF $3,390, WHICH CONSISTS OF $2,712 (80%) IN FEDERAL FUNDS AND $678 (20%) IN COUNTY FUNDS. APPROVED 6-8-99

3.E.6.

a. DOCUMENT R-99-1014-D

AMENDMENT 1 TO THE AGREEMENT WITH THE YWCA OF PALM BEACH COUNTY, INC., FOR $13,688 INCREASE FOR A TOTAL AMOUNT NOT TO EXCEED $347,458 FOR REIMBURSEMENT FOR QUALITY AND ONE-TIME PROGRAM IMPROVEMENTS AND TRAINING AND TECHNICAL ASSISTANCE. THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN, YOUTH AND FAMILIES PROVIDED THE FUNDS. NO COUNTY FUNDS ARE REQUIRED. (AMENDS R-98-1426-D) APPROVED 6-8-99

b. DOCUMENT R-99-1015-D

AMENDMENT 1 TO THE AGREEMENT WITH FLORENCE FULLER CHILD DEVELOPMENT CENTER, INC., FOR $28,612 INCREASE FOR A TOTAL AMOUNT NOT TO EXCEED $635,176 FOR REIMBURSEMENT FOR QUALITY AND ONE-TIME PROGRAM IMPROVEMENTS AND TRAINING AND TECHNICAL ASSISTANCE. THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN, YOUTH AND FAMILIES PROVIDED THE FUNDS. NO COUNTY FUNDS ARE REQUIRED. (AMENDS R-98-1427-D) APPROVED 6-8-99

c. DOCUMENT R-99-1016-D

AMENDMENT 1 TO THE AGREEMENT WITH HISPANIC HUMAN RESOURCES COUNCIL FOR $87,847 INCREASE FOR A TOTAL AMOUNT NOT TO EXCEED $1,073,887 FOR REIMBURSEMENT FOR QUALITY AND ONE-TIME PROGRAM IMPROVEMENTS AND TRAINING AND TECHNICAL ASSISTANCE. THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN, YOUTH AND FAMILIES PROVIDED THE FUNDS. NO COUNTY FUNDS ARE REQUIRED. (AMENDS R-98-1428-D) APPROVED 6-8-99

d. DOCUMENT R-99-1017-D

AMENDMENT 1 TO THE AGREEMENT WITH MT. ZION APOSTOLIC CHILD DEVELOPMENT CENTERS, INC., FOR $18,376 INCREASE FOR A TOTAL AMOUNT NOT TO EXCEED $302,236 FOR REIMBURSEMENT FOR QUALITY AND ONE-TIME PROGRAM IMPROVEMENTS AND TRAINING AND TECHNICAL ASSISTANCE. THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN, YOUTH AND FAMILIES PROVIDED THE FUNDS. NO COUNTY FUNDS ARE REQUIRED. (AMENDS R-98-1430-D) APPROVED 6-8-99

e. DOCUMENT R-99-1018-D

AMENDMENT 1 TO THE AGREEMENT WITH THE SCHOOL DISTRICT FOR $36,659 INCREASE FOR A TOTAL AMOUNT NOT TO EXCEED $618,779 FOR REIMBURSEMENT FOR QUALITY AND ONE-TIME PROGRAM IMPROVEMENTS AND TRAINING AND TECHNICAL ASSISTANCE. THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN, YOUTH AND FAMILIES PROVIDED THE FUNDS. NO COUNTY FUNDS ARE REQUIRED. (AMENDS R-98-1706-D) APPROVED 6-8-99

3.E.7. DOCUMENT R-99-1019-D

LEASE AGREEMENT WITH SUSAN STECHNIJ TO PROVIDE HOUSING FOR COMMUNITY ACTION PROGRAM CLIENTS FROM JUNE 8, 1999, THROUGH SEPTEMBER 30, 1999, FOR A TOTAL COST OF $13,364, WHICH CONSISTS OF $10,691 (80%) IN FEDERAL FUNDS AND $2,673 (20%) IN COUNTY FUNDS. APPROVED 6-8-99

3.F. AIRPORTS

3.F.1.

a. DOCUMENT R-99-1020-D

AGREEMENT TO PURCHASE PROPERTY LOCATED WEST OF RUNWAY 9L AT PALM BEACH INTERNATIONAL AIRPORT FROM HAROLD E. MCGUIRE AND TAMMY L. MCGUIRE FOR PARCEL W-97 LOCATED ON AMELIA STREET, FOR A SALES PRICE OF $70,000 AND REPLACEMENT HOUSING COST OF $17,686, FOR THE PART 150 NOISE COMPATIBILITY STUDY. APPROVED 6-8-99

b. DOCUMENT R-99-1021-D

AGREEMENT TO PURCHASE PROPERTY LOCATED WEST OF RUNWAY 9L AT PALM BEACH INTERNATIONAL AIRPORT FROM DELBERT D. MORSE AND GWEN D. MORSE FOR PARCEL W-57 LOCATED ON ELIZABETH STREET, FOR A SALES PRICE OF $63,000 AND REPLACEMENT HOUSING COST OF $17,919, FOR THE PART 150 NOISE COMPATIBILITY STUDY. APPROVED 6-8-99

c. DOCUMENT R-99-1022-D

AGREEMENT TO PURCHASE PROPERTY LOCATED WEST OF RUNWAY 9L AT PALM BEACH INTERNATIONAL AIRPORT FROM KEVIN D. O'HEA FOR PARCEL W-77 LOCATED ON ELIZABETH STREET, FOR A SALES PRICE OF $62,000 AND REPLACEMENT HOUSING COST OF $16,631, FOR THE PART 150 NOISE COMPATIBILITY STUDY. APPROVED 6-8-99

d. DOCUMENT R-99-1023-D

AGREEMENT TO PURCHASE PROPERTY LOCATED WEST OF RUNWAY 9L AT PALM BEACH INTERNATIONAL AIRPORT FROM FELICIA V. SLAUGHTER AND CARL M. COX FOR PARCEL W-72 LOCATED ON ELIZABETH STREET, FOR A SALES PRICE OF $56,000 AND REPLACEMENT HOUSING COST OF $18,819, FOR THE PART 150 NOISE COMPATIBILITY STUDY. APPROVED 6-8-99

3.F.2.

a. DOCUMENT R-99-1024-D

AMENDMENT 1 TO THE AGREEMENT WITH RICONDO & ASSOCIATES, INC., FOR $440,093 FOR PHASE II OF PALM BEACH INTERNATIONAL AIRPORT'S MASTER/INTERMODAL PLAN. (AMENDS R-98-1198-D) APPROVED 6-8-99

b. BUDGET TRANSFER 99-841

BUDGET TRANSFER IN THE AIRPORTS IMPROVEMENT AND DEVELOPMENT FUND FOR $440,093 FOR PHASE II OF PALM BEACH INTERNATIONAL AIRPORT'S MASTER/INTERMODAL PLAN. APPROVED 6-8-99

3.F.3. DOCUMENT R-99-1025-D

AMENDMENT 2 TO THE LEASE AGREEMENT WITH GLADES AG SERVICE, INC., EXTENDING THE AGREEMENT AT GLADES AIRPORT (PAHOKEE) ON A MONTH-TO-MONTH BASIS EFFECTIVE AUGUST 1, 1999. (AMENDS R-79-1266) APPROVED 6-8-99

3.G. OFFICE OF FINANCIAL MANAGEMENT AND BUDGET

3.G.1. BUDGET AMENDMENT 99-849

BUDGET AMENDMENT IN THE COUNTY TRANSPORTATION TRUST FUND FOR $300,000 TO RECOGNIZE AND APPROPRIATE REVENUE FROM OUTSIDE SOURCES FOR CONSTRUCTION AND MODIFICATION OF TRAFFIC SIGNALS. APPROVED 6-8-99

3.G.2. BUDGET AMENDMENT 99-854

BUDGET AMENDMENT IN THE ROAD IMPACT FEE AREA D FUND FOR $600,000 TO RECOGNIZE ROAD IMPACT FEE REVENUE RECEIVED FROM A DEVELOPER AND TO ESTABLISH ROAD IMPACT FEE REVENUE FOR THE BLUE HERON BOULEVARD FROM MILITARY TRAIL TO INTERSTATE 95 PROJECT. APPROVED 6-8-99

3.G.3. DOCUMENT R-99-1026-D

RATING AGREEMENT WITH THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION TO ALLOW THE COMMISSION TO UNDERTAKE AN UNDERLYING CREDIT RATING ASSESSMENT OF THE COUNTY'S SECURITY FOR ITS LOAN AGREEMENTS WITH THE COMMISSION; TO PROVIDE THE COMMISSION AND MOODY'S INVESTOR SERVICE WITH ALL RELEVANT AND SUFFICIENT FINANCIAL INFORMATION; THAT A PUBLISHED RATING BY MOODY'S FOR THE COUNTY'S DEBT WITH THE COMMISSION REPRESENTS A PUBLIC CREDIT RATING; AND THAT THE COMMISSION MAY REQUIRE AN INDEPENDENT CREDIT ASSESSMENT PRIOR TO THE CLOSING OF ANY ADDITIONAL LOANS WITH THE COMMISSION. THE COST OF THE ANNUAL ASSESSMENT WILL BE THE ADMINISTRATIVE RESPONSIBILITY OF THE COMMISSION. APPROVED 6-8-99

3.G.4.

NEGOTIATED SETTLEMENT OFFER IN THE AMOUNT OF $2,000 FOR FULL SATISFACTION OF A CODE ENFORCEMENT LIEN THAT WAS ENTERED AGAINST JOHN BODENSIEK, G. J. BEACHLER, J. KARL BEACHLER, AND REX E. SAGER ON JANUARY 8, 1998, FOR CODE VIOLATIONS INVOLVING INTERIOR RENOVATIONS WITHOUT PERMITS, INSPECTIONS, OR A CERTIFICATE OF COMPLETION FROM THE BUILDING DEPARTMENT. THE VIOLATIONS WERE CORRECTED AS OF DECEMBER 3, 1998. THE ACCUMULATED FINES AND INTEREST AS OF DECEMBER 9, 1998, TOTALED $26,557. APPROVED 6-8-99

3.G.5.

NEGOTIATED SETTLEMENT OFFER IN THE AMOUNT OF $5,400 FOR FULL SATISFACTION OF A CODE ENFORCEMENT LIEN THAT WAS ENTERED AGAINST BLANCA MOREDA AND MANUEL E. MOREDA ON JANUARY 22, 1996, FOR CODE VIOLATIONS INVOLVING UNLAWFULLY ALLOWING AN INDIVIDUAL TO RESIDE IN A TRAVEL TRAILER AND THE UNLAWFUL STORAGE OF UNLICENCED VEHICLES, AUTO PARTS, TRASH, AND DEBRIS. THE VIOLATIONS WERE CORRECTED AS OF MARCH 21, 1996. ACCUMULATED FINES AND INTEREST AS OF MAY 29, 1998, TOTALED $21,625. APPROVED 6-8-99

3.H. FACILITIES DEVELOPMENT AND OPERATION

3.H.1. DOCUMENT R-99-1027-D

WORK ORDER 99-149 WITH S&F CONSTRUCTION, INC., FOR $126,760 FOR CONSTRUCTION OF 40-FOOT-BY-76-FOOT PAVILION AND ASSOCIATED ITEMS AT JUPITER BEACH PARK. (AMENDS R-99-352-D) APPROVED 6-8-99

3.H.2. DOCUMENT R-99-1028-D

WORK ORDER 99-150 WITH S&F CONSTRUCTION, INC., FOR $120,541 FOR CONSTRUCTION OF A 30-FOOT-BY-60-FOOT AND A 25-FOOT-BY-25-FOOT PAVILION AND ASSOCIATED ITEMS AT LAKE IDA PARK WEST. (AMENDS R-99-352-D) APPROVED 6-8-99

3.H.3. DOCUMENT R-99-1029-D

CONTRACT WITH THERMA SEAL ROOFS OF WEST PALM BEACH FOR $111,357 FOR THE BELLE GLADE HEALTH CLINIC RE-ROOFING PROJECT. APPROVED 6-8-99

3.H.4. DOCUMENT R-99-1030-D

AGREEMENT WITH STEPHEN BORUFF, AIA ARCHITECTS & PLANNERS, INC., FOR $129,753 FOR THE PERMITTING, DESIGN, AND CONSTRUCTION MANAGEMENT SERVICES FOR THE WESTGATE GYMNASIUM. APPROVED 6-8-99

3.H.5.

a. DOCUMENT R-99-1031-D

CONTRACT WITH PALM BEACH COUNTY HEALTH CARE DISTRICT FOR THE FACILITIES DEVELOPMENT AND OPERATION CAPITAL IMPROVEMENTS DIVISION TO PROVIDE PROJECT MANAGEMENT SERVICES TO THE DISTRICT FOR ITS NEW ADMINISTRATIVE OFFICES AND CARE FACILITY PROJECT WITH NOT-TO-EXCEED FEES TO BE PAID BY THE DISTRICT THROUGH THE APPROVAL OF THE MASTER PROGRAM IN THE AMOUNT OF $41,000. THE FEES FOR THE REMAINDER OF THE SERVICES WILL BE AGREED UPON BY THE DISTRICT'S CHIEF EXECUTIVE OFFICER AND THE COUNTY ADMINISTRATOR UPON APPROVAL OF THE MASTER PROGRAM BY THE DISTRICT. ESTIMATED REVENUE TO THE COUNTY OVER THE ENTIRE PROJECT IS OVER $150,000. APPROVED 6-8-99

b. BUDGET AMENDMENT 99-847

BUDGET AMENDMENT IN THE PUBLIC BUILDING IMPROVEMENT FUND FOR $150,000 TO RECOGNIZE FUNDING FROM THE PALM BEACH COUNTY HEALTH CARE DISTRICT AND TO INCREASE THE VARIOUS FACILITY IMPROVEMENTS FOR CONSTITUTIONAL OFFICERS/STATE AGENCIES ACCOUNT REGARDING THE DISTRICT'S NEW ADMINISTRATIVE OFFICES AND CARE FACILITY PROJECT. APPROVED 6-8-99

3.H.6.

a. DOCUMENT R-99-1032-D

CONTRACT WITH MCC CONSTRUCTION CORPORATION FOR $1,097,335 FOR THE CONSTRUCTION OF THE OKEEHEELEE PARK GOLF COURSE CLUBHOUSE. APPROVED 6-8-99

b.

CHANGE IN THE APPROVED CAPITAL PLAN FOR FISCAL YEAR 1999 IMPACT FEE ZONE 2 TO MOVE $250,000 FROM THE JOHN PRINCE PARK ADMINISTRATION BUILDING ALLOCATION OF $500,000 TO OKEEHEELEE PARK GOLF COURSE CLUBHOUSE. APPROVED 6-8-99

3.I. HOUSING AND COMMUNITY DEVELOPMENT

3.I.1. DOCUMENT R-99-1033-D

AMENDMENT 1 TO THE AGREEMENT WITH THE VILLAGE OF ROYAL PALM BEACH TO PROVIDE AN ADDITIONAL $8,898 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR VARIOUS IMPROVEMENTS AT WILLOWS PARK IN THE VILLAGE; THE ORIGINAL FUNDING AMOUNT WAS $44,653. THESE ARE FEDERAL FUNDS, AND NO LOCAL MATCH IS REQUIRED. (AMENDS R-99-63-D) APPROVED 6-8-99

3.I.2.

ADDITIONAL FUNDING OF $2,387 TO JESSIE MORRISON, OF UNINCORPORATED WEST PALM BEACH, TO COMPLETE THE EMERGENCY REHABILITATION PROJECT AT HER HOME, WITH A WAIVER TO EXCEED THE MAXIMUM FUNDING AMOUNT OF $8,000. THESE ARE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THAT REQUIRE NO LOCAL MATCH. APPROVED 6-8-99

3.I.3. DOCUMENT R-99-1034-D

AMENDMENT 1 TO THE AGREEMENT WITH HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (HOPE, INC.), TO INCREASE FUNDING BY $25,000 AND TO MAKE CHANGES TO THE WORK PROGRAM NARRATIVE. THESE ARE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THAT REQUIRE NO LOCAL MATCH. (AMENDS R-98-1623-D) APPROVED 6-8-99

3.J. PLANNING, ZONING AND BUILDING

3.J.1. RESOLUTION R-99-1035

RESOLUTION ASSESSING COSTS FOR ABATEMENT OF NUISANCE AGAINST WILLIE MAE THOMAS, 105 1ST STREET, BELLE GLADE FOR $2,056 AND FOR $10,333.20. ADOPTED 6-8-99

3.K. WATER UTILITIES

3.K.1. DOCUMENT R-99-1036-D

AGREEMENT WITH UNDERGROUND INDUSTRIES, INC., TO PAY THE COUNTY $20,000 IN LIEU OF CONSTRUCTING A WATER MAIN ACROSS THE E-1 CANAL. APPROVED 6-8-99

3.K.2.

a. DOCUMENT R-99-1037-D

RESTRICTIVE COVENANT FOR THE CONSTRUCTION OF A STORMWATER RETENTION POND AT WATER TREATMENT PLANT 9, WHICH IS REQUIRED IN ACCORDANCE WITH THE UNIFIED LAND DEVELOPMENT CODE. APPROVED 6-8-99

b. DOCUMENT R-99-1038-D

RESTRICTIVE COVENANT FOR THE CONSTRUCTION OF A STORMWATER RETENTION POND AT THE NEW CUSTOMER SERVICE CENTER AT SITE 5, WHICH IS REQUIRED IN ACCORDANCE WITH THE UNIFIED LAND DEVELOPMENT CODE. APPROVED 6-8-99

3.K.3. DOCUMENT R-99-1039-D

AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR $4.88 MILLION TO PROVIDE FOR THE WATER UTILITIES DEPARTMENT TO FUND THE FDOT INSTALLATION OF 20,000 FEET OF 42-INCH POTABLE WATER MAIN CONCURRENTLY WITH THE STATE ROAD 7 FROM CLINT MOORE ROAD TO WEST ATLANTIC AVENUE PROJECT. THE MAIN IS REQUIRED TO INTERCONNECT WATER TREATMENT PLANTS 3 AND 9. APPROVED 6-8-99

3.K.4. DOCUMENT R-99-1040-D

BILL OF SALE CONVEYING THE COUNTY'S INTEREST IN THE CANAL POINT WATER DISTRIBUTION SYSTEM PHASE I IMPROVEMENTS TO THE CITY OF PAHOKEE AS REQUIRED BY THE FUNDING AGREEMENT. AS PART OF THE FUNDING AGREEMENT, THE CITY TOOK OVER OWNERSHIP AND MAINTENANCE OF THE COMPLETE CANAL POINT WATER SYSTEM. (SEE R-95-1412-D) APPROVED 6-8-99

3.K.5. DOCUMENT R-99-1041-D

COOPERATIVE AGREEMENT WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD), INDIAN TRAIL IMPROVEMENT DISTRICT (ITID), AND THE CITY OF WEST PALM BEACH TO ASSIST THE U.S. ARMY CORPS OF ENGINEERS IN COMPLETING A GENERAL REEVALUATION REPORT ON THE L-8 BASIN. THE COUNTY, CITY, AND ITID ARE FUNDING $50,000 EACH, WITH SFWMD FUNDING $150,000, FOR A TERM NOT TO EXCEED FIVE YEARS. THE CORPS WILL FUND THE BALANCE OF THE REPORT AND WILL FUND UP TO 80 PERCENT OF ANY CAPITAL EXPENDITURES RECOMMENDED BY THE REPORT. APPROVED 6-8-99

3.L. ENVIRONMENTAL RESOURCES MANAGEMENT

3.L.1. DOCUMENT R-99-1042-D

AMENDMENT TO THE LAKE OKEECHOBEE/DUPUIS/COASTAL CONNECTOR PROJECT MULTI-PARTY ACQUISITION AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, OFFICE OF GREENWAYS AND TRAILS (OGT) TO RELIEVE THE COUNTY OF THE RESPONSIBILITY TO PROVIDE THE REQUIRED PROPERTY APPRAISALS RELATED TO THE ACQUISITION OF UNDEVELOPED PROPERTIES WITHIN THE CONNECTOR PROJECT AREA AND TO MAKE OGT RESPONSIBLE FOR THE REQUIRED APPRAISALS AND FOR PAYING THE COST OF THESE APPRAISALS. (AMENDS R-98-291-D) APPROVED 6-8-99

3.L.2. DELETED

3.L.3.

a.

ACCEPT RESPONSIBILITY FOR THE PERPETUAL MAINTENANCE/MANAGEMENT OF A 1.31-ACRE MITIGATION AREA IN THE INTRACOASTAL WATERWAY IN OCEAN RIDGE REGARDING DELRAY ESTUARY L.C. DEVELOPMENT OF A 17.5-ACRE RESIDENTIAL PROJECT ON THE INTRACOASTAL WATERWAY IN DELRAY BEACH WHICH WILL REQUIRE 2.94 ACRES OF OFFSITE MITIGATION THAT CONSIST OF TWO DIFFERENT AREAS. THE FIRST AREA COMPRISES 1.29 ACRES OF PRIVATE PROPERTY (HUDDLE) AND 0.02 ACRE OF AN ADJACENT 7 ACRES OF COUNTY PROPERTY. DELRAY ESTUARY WILL CONTRIBUTE $1,965 TO THE COUNTY'S STEWARDSHIP ENDOWMENT FUND FOR THE PERPETUAL MAINTENANCE OF THE 1.31-ACRE SITE. THE SECOND AREA IS 1.65 ACRES PREVIOUSLY OWNED BY THE COUNTY AND CONVEYED TO THE CITY OF DELRAY BEACH, SUBJECT TO DEED RESTRICTIONS LIMITING ITS USE TO CONSERVATION PURPOSES. APPROVED 6-8-99

b. DOCUMENT R-99-1043-D

NOTIFICATION THAT MITIGATION ACTIVITIES ARE CONSISTENT WITH DEED RESTRICTIONS ON A 1.65-ACRE SITE FORMERLY OWNED BY THE COUNTY AND CONVEYED TO THE CITY OF DELRAY BEACH. DELRAY ESTUARY L.C. WILL DEVELOP A 17.5-ACRE RESIDENTIAL PROJECT ON THE INTRACOASTAL WATERWAY IN DELRAY BEACH WHICH WILL REQUIRE 2.94 ACRES OF OFFSITE MITIGATION THAT CONSIST OF TWO DIFFERENT AREAS. THE FIRST AREA COMPRISES 1.29 ACRES OF PRIVATE PROPERTY (HUDDLE) AND 0.02 ACRE OF AN ADJACENT 7 ACRES OF COUNTY PROPERTY. THE SECOND AREA IS 1.65 ACRES PREVIOUSLY OWNED BY THE COUNTY AND CONVEYED TO THE CITY OF DELRAY BEACH, SUBJECT TO DEED RESTRICTIONS LIMITING ITS USE TO CONSERVATION PURPOSES. APPROVED 6-8-99

3.M. PARKS AND RECREATION

3.M.1.

a. DOCUMENT R-99-1044-D

AGREEMENT WITH THE PALM BEACH SHAKESPEARE FESTIVAL, INC., IN AN AMOUNT NOT TO EXCEED $10,000 FOR FUNDING OF SHAKESPEARE BY THE SEA IX AT CARLIN PARK. THIRTEEN PERFORMANCES WILL BE OPEN TO THE PUBLIC FREE OF CHARGE. APPROVED 6-8-99

b. BUDGET TRANSFER 99-835

BUDGET TRANSFER OF $10,000 WITHIN THE PARK IMPROVEMENT FUND FROM RESERVES FOR DISTRICT 1 TO PALM BEACH SHAKESPEARE FESTIVAL/SHAKESPEARE BY THE SEA IX. APPROVED 6-8-99

3.M.2.

a. DOCUMENT R-99-1045-D

AGREEMENT WITH THE SCHOOL BOARD FOR FUNDING IN AN AMOUNT NOT TO EXCEED $47,500 FOR 1999 PROJECT GRADUATION ACTIVITIES. APPROVED 6-8-99

b. BUDGET TRANSFER 99-836

BUDGET TRANSFER WITHIN THE PARK IMPROVEMENT FUND FROM RESERVES FOR DISTRICT 1 TO SCHOOL BOARD/PROJECT GRADUATION IN THE AMOUNT OF $15,000, FROM RESERVES FOR DISTRICT 4 TO SCHOOL BOARD/PROJECT GRADUATION IN THE AMOUNT OF $10,000, FROM RESERVE FOR DISTRICT 5 TO SCHOOL BOARD/PROJECT GRADUATION IN THE AMOUNT OF $10,000, AND FROM RESERVES FOR DISTRICT 6 TO SCHOOL BOARD/PROJECT GRADUATION IN THE AMOUNT OF $12,500. APPROVED 6-8-99

3.M.3. BUDGET TRANSFER 99-837

BUDGET TRANSFER IN THE PARK IMPACT FEE Z-3 FUND FOR $170,000 FROM SOUTH DISTRICT BEACH ACQUISITION TO LAKE IDA PARK PICNIC AREA. APPROVED 6-8-99

3.M.4.

a. DOCUMENT R-99-1046-D

AGREEMENT WITH THE SCHOOL BOARD IN AN AMOUNT NOT TO EXCEED $15,000 FOR FUNDING OF PLAYGROUND IMPROVEMENTS AT ROOSEVELT ELEMENTARY SCHOOL. APPROVED 6-8-99

b. BUDGET TRANSFER 99-838

BUDGET TRANSFER IN THE PARK IMPROVEMENT FUND FOR $15,000 FROM RESERVES FOR DISTRICT 2 TO SCHOOL BOARD/ROOSEVELT ELEMENTARY SCHOOL PLAYGROUND. APPROVED 6-8-99

3.M.5. DOCUMENT R-99-1047-D

AMENDMENT 1 TO THE AGREEMENT WITH THE CITY OF PAHOKEE FOR THE FUNDING OF MARTIN LUTHER KING PARK IMPROVEMENTS TO EXTEND THE PROJECT COMPLETION DATE FROM AUGUST 23, 1999, TO AUGUST 23, 2000. (AMENDS R-98-255-D) APPROVED 6-8-99

3.N. LIBRARY - None

3.P. COOPERATIVE EXTENSION SERVICE

3.P.1. DOCUMENT R-99-1048-D

INTERLOCAL AGREEMENT WITH THE CITY OF WEST PALM BEACH TO PROVIDE EDUCATIONAL SERVICES TO LIMITED RESOURCE FAMILIES BECOMING FIRST-TIME HOME BUYERS AND AN AGREEMENT TO MEET THE REQUIRED CITY OF WEST PALM BEACH HOUSING AND COMMUNITY DEVELOPMENT CERTIFICATIONS FOR FISCAL YEAR 1999. FUNDING FOR 1999 WILL AMOUNT TO $19,000. APPROVED 6-8-99

3.Q. CRIMINAL JUSTICE COMMISSION

3.Q.1.

a. RESOLUTION R-99-1049

RESOLUTION APPROVING THE SUBMITTAL OF FOUR GRANT PROPOSALS TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR THE FISCAL YEAR 2000 DRUG CONTROL AND SYSTEM IMPROVEMENT FORMULA GRANT PROGRAM, AKA BYRNE GRANT, FROM OCTOBER 1, 1999, THROUGH SEPTEMBER 30, 2000, TOTALING $728,458 IN FEDERAL FUNDS FOR: (1) SHERIFF'S OFFICE MULTI-AGENCY NARCOTICS UNIT TASK FORCE FOR $732,139 (FEDERAL $549,104, MATCH $183.035); (2) COUNTY VICTIM SERVICES FOR THE SPECIAL OPTIONS TOWARD ACHIEVING RECOVERY (SOAR) PROGRAM FOR $122,135 (FEDERAL $91,601, MATCH $30,534); (3) SCHOOL DISTRICT FOR THE TRUANCY INTERDICTION PROGRAM (TIP) FOR $64,666 (FEDERAL $48,500, MATCH $16,166); AND (4) CRIMINAL JUSTICE COMMISSION FOR PROGRAM ADMINISTRATION FOR $52,337 (FEDERAL $39,253, MATCH $13,084). ADOPTED 6-8-99

b.

LOCAL MATCHING FUNDS OF $13,084 FOR THE CRIMINAL JUSTICE COMMISSION PROGRAM ADMINISTRATION, $30,534 FOR COUNTY VICTIM SERVICES SPECIAL OPTIONS TOWARDS ACHIEVING RECOVERY (SOAR) PROGRAM, AND AUTHORIZE THE COUNTY ADMINISTRATOR OR HIS DESIGNEE TO EXECUTE ALL NECESSARY FORMS AND DOCUMENTS AS REQUIRED BY THE DEPARTMENT OF COMMUNITY AFFAIRS FOR FISCAL YEAR 2000. APPROVED 6-8-99

3.R. EMPLOYEE RELATIONS AND PERSONNEL - None

3.S. FIRE-RESCUE

3.S.1. DOCUMENT R-99-1050-D

GRANT AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR $11,570 FUNDING THROUGH THE EMERGENCY MANAGEMENT, PREPAREDNESS, AND ASSISTANCE TRUST FUND TO PROVIDE EMERGENCY RESPONSE TRAINING TO FIRE-RESCUE EMPLOYEES, REQUIRES A TWO-TO-ONE LOCAL MATCH OF $23,139. APPROVED 6-8-99

3.T. HEALTH DEPARTMENT - None

3.U. INFORMATION SYSTEM SERVICES

3.U.1. DOCUMENT R-99-1051-D

AMENDMENT TO THE TERM CONTRACT WITH TECH SUPPORT GROUP, INC., FOR YEAR 2000 AND OTHER REQUIRED MAINTENANCE ON THE IBM OS/390 MAINFRAME PROCESSORS AND MAINFRAME PERIPHERALS FROM JUNE 8, 1999, THROUGH JUNE 1, 2000, AT A TOTAL COST NOT TO EXCEED $250,000. (SEE ITEM 3.B.3. DATED 6-2-98) APPROVED 6-8-99

3.U.2. DELETED

3.U.3.

a. DOCUMENT R-99-1052-D

AMENDMENT 9 TO THE CONTRACT WITH NINE RIVERS TECHNOLOGY CORPORATION FOR $150,000 TO EXTEND THE CONTRACT PERIOD FROM JUNE 6, 1999, THROUGH AUGUST 24, 1999, FOR SOFTWARE DEVELOPMENT SUPPORT AND TECHNICAL SERVICES SUPPORT AND TO STAFF THE YEAR 2000 PROJECT. (AMENDS R-95-731-D) APPROVED 6-8-99

b. DOCUMENT R-99-1053-D

AMENDMENT 5 TO THE CONTRACT WITH COMPUNNEL SOUTHEAST, INC., FOR $195,000 TO EXTEND THE CONTRACT PERIOD FROM JUNE 6, 1999, THROUGH AUGUST 24, 1999, FOR SOFTWARE DEVELOPMENT SUPPORT AND TECHNICAL SERVICES SUPPORT AND TO STAFF THE YEAR 2000 PROJECT. (AMENDS R-98-499-D) APPROVED 6-8-99

c. DOCUMENT R-99-1054-D

AMENDMENT 7 TO THE CONTRACT WITH TIMEBRIDGE TECHNOLOGIES, INC., TO EXTEND THE CONTRACT PERIOD FROM JUNE 6, 1999, THROUGH AUGUST 24, 1999, FOR SOFTWARE DEVELOPMENT SUPPORT AND TECHNICAL SERVICES SUPPORT AND TO STAFF THE YEAR 2000 PROJECT, WITH NO INCREASE IN THE CONTRACT PRICE. (AMENDS R-95-732-D) APPROVED 6-8-99

3.U.4. DOCUMENT R-99-1055-D

SUPPLEMENT TO UPDATE THE IBM MASTER ICA (IBM CORPORATION CUSTOMER AGREEMENT) FOR SERVICES AND RESOURCES TO SUPPORT THE EMERGENCY RECOVERY OF DATA PROCESSING BUSINESS TASKS AND FUNCTIONS TESTING AT AN INCREASED COST OF $7,592 AND AT AN ANNUAL COST NOT TO EXCEED $95,364 FROM SEPTEMBER 1999, THROUGH SEPTEMBER 2002. (AMENDS R-94-247-D) APPROVED 6-8-99

3.U.5. BUDGET TRANSFER 99-878

BUDGET TRANSFER IN THE CRIMINAL JUSTICE INFORMATION SYSTEM (CJIS) COMPUTER SYSTEM PROJECT FOR $213,669 TO THE NEW TECHNOLOGY PROJECT ACCOUNT TO REPLACE FUNDS IN THE NEW TECHNOLOGY PROJECT ACCOUNT WHICH WERE LOANED TO THE CJIS COMPUTER SYSTEM PROJECT ACCOUNT FOR FISCAL YEAR 1996-97. APPROVED 6-8-99

3.U.6. DOCUMENT R-99-1056-D

GEOGRAPHIC INFORMATION SYSTEM (GIS) INFORMATION POLICY PUBLICATION RIDER, AS AMENDED, TO A PERSONAL USE LICENSE AGREEMENT CREATING A DATA-SHARING PARTNERSHIP WITH ADR, INC. BY PROVIDING COUNTY-LICENSED GEOGRAPHIC DATA, THE COUNTY WOULD RECEIVE, AT NO COST, UPDATED GEOGRAPHICAL DATA IMMEDIATELY FOLLOWING A DISASTER, INCLUDING DIGITAL ORTHO PHOTOGRAPHY. THE TERM OF THIS AGREEMENT IS FOR THREE YEARS, EFFECTIVE IMMEDIATELY UPON COMMISSION APPROVAL. (SEE R-98-520) APPROVED 6-8-99

3.V. METROPOLITAN PLANNING ORGANIZATION

3.V.1. DOCUMENT R-99-1057-D

AMENDMENT 1 TO THE AGREEMENT WITH THE DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER TO PERMIT THE VANS WHICH CURRENTLY PROVIDE TRANSPORTATION FOR DISADVANTAGED VETERANS FROM THEIR HOMES TO THE MEDICAL CENTER TO BE USED FOR SHUTTLE SERVICE FROM THE MEDICAL CENTER'S PARKING LOTS TO ITS ENTRANCE, WHENEVER THE VANS WERE NOT IN USE FOR THEIR ORIGINAL PURPOSE. (AMENDS R-96-2017-D) APPROVED 6-8-99

3.W. PUBLIC AFFAIRS - None

3.X. PUBLIC SAFETY

3.X.1. DOCUMENT R-99-1058-D

RECEIVE AND FILE MODIFICATION 2 TO THE LOCAL MITIGATION STRATEGY INTERLOCAL AGREEMENT WITH THE TREASURE COAST REGIONAL PLANNING COUNCIL TO REVISE THE THIRD PERIOD DELIVERABLE DATE FROM APRIL 30, 1999, TO AUGUST 31, 1999, AND THE FOURTH PERIOD DELIVERABLE DATE FROM AUGUST 31, 1999, TO OCTOBER 25, 1999. (AMENDS R-98-559-D) APPROVED 6-8-99

3.X.2. DOCUMENT R-99-1059-D

RECEIVE AND FILE MODIFICATION TO THE EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT AGREEMENT WITH FLORIDA DIVISION OF EMERGENCY MANAGEMENT TO REVISE THE GRANT EXPIRATION DATE FROM MARCH 31, 1999, TO SEPTEMBER 30, 1999. THE GRANT FOCUSES ON THE DEVELOPMENT AND IMPLEMENTATION OF AN ECONOMIC AND BUSINESS-BASED HAZARDS MITIGATION AND REDEVELOPMENT PLAN APPROVED IN 1996. (AMENDS R-98-714-D) APPROVED 6-8-99

3.X.3. DOCUMENT R-99-1060-D

RECEIVE AND FILE MODIFICATION TO THE EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT AGREEMENT WITH FLORIDA DIVISION OF EMERGENCY MANAGEMENT TO REVISE THE GRANT EXPIRATION DATE FROM APRIL 30, 1999, TO SEPTEMBER 30, 1999. THE GRANT CONTRACT IS FOR THE PURCHASE OF A GENERATOR TO BE USED AT THE SOUTH FLORIDA FAIR AND EXPOSITION BUILDING FOR THE SPECIAL CARE UNIT. (AMENDS R-98-715-D) APPROVED 6-8-99

3.Y. PURCHASING - None

3.Z. RISK MANAGEMENT - None

3.AA. PALM TRAN

3.AA.1. RESOLUTION R-99-1061

RESOLUTION AUTHORIZING THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED TRIP AND EQUIPMENT GRANT APPLICATION IN THE AMOUNT OF $1,239,619 FOR CONTINUATION OF THE COUNTY'S TRANSPORTATION DISADVANTAGED PROGRAM FROM JULY 1, 1999, THROUGH JUNE 30, 2000. ADOPTED 6-8-99

3.BB. COURT ADMINISTRATION

3.BB.1. DOCUMENT R-99-1062-D

STANDARD CONTRACT WITH FLORIDA DEPARTMENT OF REVENUE FOR $198,749.52 FOR REIMBURSEMENT TO THE COUNTY FOR EXPENSES ASSOCIATED WITH PROCESSING TITLE IV-D CHILD SUPPORT ENFORCEMENT CASES. APPROVED 6-8-99

3.CC. SHERIFF'S OFFICE

3.CC.1.

a.

ACCEPT A COUNTY DRIVING UNDER THE INFLUENCE (DUI) ENFORCEMENT PROJECT GRANT AWARDED BY FLORIDA DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $88,000 TO BE UTILIZED FOR THE PURCHASE OF A SPECIALLY EQUIPPED MOBILE BREATH TESTING FACILITY FOR FISCAL YEAR 1999. APPROVED 6-8-99

b. BUDGET AMENDMENT 99-860

BUDGET AMENDMENT IN THE SHERIFF'S GRANT FUND FOR $88,000 FOR A COUNTY DRIVING UNDER THE INFLUENCE (DUI) ENFORCEMENT PROJECT GRANT AWARDED BY FLORIDA DEPARTMENT OF TRANSPORTATION TO BE UTILIZED FOR THE PURCHASE OF A SPECIALLY EQUIPPED MOBILE BREATH TESTING FACILITY FOR FISCAL YEAR 1999. APPROVED 6-8-99

MOTION to approve the Consent Agenda as amended. Motion by Commissioner Marcus, seconded by Commissioner Aaronson, and carried 5-0. Commissioners McCarty and Masilotti absent.

***** THIS CONCLUDES THE CONSENT AGENDA *****


4. SPECIAL PRESENTATIONS

4.A.

PROCLAMATION DECLARING JUNE 6-12, 1999, AS D-DAY NORMANDY INVASION WEEK. DISCUSSED 6-8-99

4.B.

PROCLAMATION DECLARING JUNE 20-23, 1999, AS ASSOCIATION OF JEWISH LIBRARIES DAYS. PRESENTED 6-8-99

(CLERK'S NOTE: Commissioner McCarty joined the meeting.)

4.C.

PROCLAMATION DECLARING JUNE 21-27, 1999, AS WORKERS' RIGHT TO ORGANIZE WEEK. PRESENTED 6-8-99

4.D.

PROCLAMATION DECLARING MONDAY, JUNE 7, 1999, TO HONOR THE ANNOUNCEMENT OF THE OPENING OF THE INTERNATIONAL CENTRE FOR MISSING AND EXPLOITED CHILDREN. DISCUSSED 6-8-99

4.E.

PRESENTATION FOR PALM TRAN SENIOR RIDER OF THE YEAR AND MASCOT CONTEST WINNERS. PRESENTED 6-8-99

4.F.

PROCLAMATION DECLARING JUNE 7-13, 1999, AS NATIONAL HOME OWNERSHIP WEEK. PRESENTED 6-8-99

4.G.

PROCLAMATION COMMENDING THE WELLINGTON HIGH SCHOOL WOLVERINES BASEBALL TEAM FOR WINNING THE 1999 CLASS 6-A STATE CHAMPIONSHIP GAME. DISCUSSED 6-8-99

MOTION that Commissioner Masilotti present the proclamation tonight. Motion by Commissioner Newell, seconded by Commissioner Roberts and carried 6-0. Commissioner Masilotti absent.

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

4.H.

PROCLAMATION DECLARING JUNE 17, 1999, AS ARTHUR L. FLEMING DAY. DISCUSSED 6-8-99


5. PUBLIC HEARINGS - 9:30 A.M.

MOTION to receive and file Proof of Publication 592491. Motion by Commissioner Marcus, seconded by Commissioner Aaronson and carried 5-0. Commissioners McCarty and Masilotti absent.

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

5.A.

a.

CONDUCT A TAX EQUITY AND FISCAL RESPONSIBILITY ACT (TEFRA) PUBLIC HEARING CONCERNING THE ISSUANCE OF UP TO $6.5 MILLION VARIABLE RATE DEMAND REVENUE BONDS, SERIES 1999, REGARDING THE COMMUNITY FOUNDATION FOR PALM BEACH AND MARTIN COUNTIES, INC., PROJECT. (P.O.P. 592491) APPROVED 6-8-99

b. RESOLUTION R-99-1063

RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $6.5 MILLION VARIABLE RATE DEMAND REVENUE BONDS, SERIES 1999, REGARDING THE COMMUNITY FOUNDATION FOR PALM BEACH AND MARTIN COUNTIES, INC., PROJECT. (P.O.P. 592491) APPROVED 6-8-99

MOTION to approve the public hearing and to adopt the resolution. Motion by Commissioner Marcus and seconded by Commissioner Aaronson.

PUBLIC COMMENT: None

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


6. REGULAR AGENDA

6.A. ADMINISTRATION

6.A.1. RESOLUTION R-99-1064

RESOLUTION CREATING A NORTH AND WEST COUNTY JURY TRAIL FEASIBILITY COMMITTEE. ADOPTED AS AMENDED 6-8-99

MOTION to adopt the resolution. Motion by Commissioner Aaronson and seconded by Commissioner Marcus.

Commissioner Marcus noted receipt of a request from Chief Judge Walter N. Colbath, Jr., to add representatives for the Public Defender's and State Attorney's offices to the committee. She suggested adding the two additional members per the Chief Judge's request. Commissioner McCarty recommended utilizing two of the Board of County Commissioners' appointments for the Public Defender's and State Attorney's representatives as a means of prohibiting a huge and unwieldy committee. Commissioner Aaronson stated the Board should maintain four appointments and the two additional members would be appropriate.

AMENDED MOTION to add a representatives for the Public Defender and State Attorney to the committee. The maker and seconder agreed. Upon call for a vote, the motion carried 6-0. Commissioner Masilotti absent.

6.A.2. DOCUMENT R-99-1065-D

GROUP AGREEMENT WITH FLORIDA PETROLEUM REPROCESSORS GROUP FOR THE FLORIDA PETROLEUM REPROCESSORS SITE IN DAVIE, FLORIDA, WHEREBY THE COUNTY HAS BEEN IDENTIFIED AS A POTENTIALLY RESPONSIBLE PARTY BY THE ENVIRONMENTAL PROTECTION AGENCY UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT. PAYMENT OF $52,200 TO BRING THE COUNTY CURRENT WITH GROUP ASSESSMENTS. APPROVED 6-8-99

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

6.B. COUNTY ATTORNEY

6.B.1. DOCUMENT R-99-1066-D

SETTLEMENT IN THE CASE OF THE COUNTY V. THE AMBASSADOR HOTEL COOPERATIVE APARTMENTS, INC., WHEREBY THE AMBASSADOR WILL BE PERMITTED TO MAINTAIN CERTAIN ENCROACHMENTS ON THE OLD OCEAN BOULEVARD RIGHT-OF-WAY UPON PAYMENT OF $16,000 TO THE COUNTY. APPROVED 6-8-99

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

6.B.2. RESOLUTION R-99-1067

RESOLUTION AMENDING THE RESOLUTION APPROVING THE ISSUANCE OF NOT-EXCEEDING $14 MILLION HOUSING FINANCE AUTHORITY MULTIFAMILY HOUSING REVENUE BONDS FOR THE LAKE DELRAY APARTMENT PROJECT, 1999 SERIES A, AND NOT EXCEEDING $500,000 HOUSING FINANCE AUTHORITY TAXABLE MULTIFAMILY HOUSING REVENUE BONDS 1999, SERIES B, FOR THE LAKE DELRAY APARTMENTS PROJECT; APPROVING THE SALE OF SUCH BONDS WITHIN THE MEANING OF ORDINANCE 79-3, AS AMENDED; AND APPROVING THE INCREASE IN THE AMOUNT OF THE TAXABLE MULTIFAMILY HOUSING REVENUE BONDS 1999, SERIES B, FOR THE LAKE DELRAY APARTMENTS PROJECT FROM AN AMOUNT NOT EXCEEDING $500,000 TO AN AMOUNT NOT EXCEEDING $800,000. NEITHER THE TAXING POWER OR THE FAITH AND CREDIT OF THE COUNTY, NOR ANY COUNTY FUNDS SHALL BE PLEDGED TO PAY PRINCIPAL OR REDEMPTION PREMIUMS, IF ANY, OR INTEREST ON THE BONDS. (AMENDS R-99-605) ADOPTED 6-8-99

MOTION to adopt the resolution. Motion by Commissioner Marcus, seconded by Commissioner Roberts, and carried 6-0. Commissioner Masilotti absent.

6.B.3. RESOLUTION R-99-1068

RESOLUTION CREATING THE COUNTY COMMITTEE FOR COURTHOUSE ART; PROVIDING FOR MEMBERSHIP; PROVIDING FOR MEETING AND ORGANIZATION; PROVIDING FOR DUTIES AND FUNCTIONS; PROVIDING FOR COMMITTEE ACTION, ADVISORY ONLY; PROVIDING FOR ASSISTANCE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR CONFLICT WITH FEDERAL, STATE, OR COUNTY ORDINANCES. ADOPTED 6-8-99

MOTION to adopt the resolution. Motion by Commissioner Roberts, seconded by Commissioner McCarty, and carried 6-0. Commissioner Masilotti absent.

6.B.4. DOCUMENT R-99-1069-D

AGREEMENT WITH BRYAN K. BOYSAW TO REPRESENT THE COUNTY'S INTEREST IN THE WRONGFUL DEATH CASE OF TORREY JENKINS AND KATHY MALDONADO, AS CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF JASMINE JENKINS, V. RANGER CONSTRUCTION INDUSTRIES, INC., ET AL., AT A RATE OF $125 PER HOUR, IN AN AMOUNT NOT TO EXCEED $150,000 AND COSTS NOT TO EXCEED $15,000. THE LEGAL FEES WILL BE REIMBURSED TO THE COUNTY BY ST. PAUL FIRE & MARINE INSURANCE COMPANY, INSURANCE COMPANY FOR RANGER CONSTRUCTION, THE GENERAL CONTRACTOR ON THE ROAD CONSTRUCTION PROJECT ON WHICH THE ACCIDENT OCCURRED. THE PLAINTIFFS ALLEGE THE CAUSE OF THE ACCIDENT WHICH RESULTED IN THE DEATH OF JASMINE JENKINS WAS THE NEGLIGENT DESIGN, CONSTRUCTION, AND MAINTENANCE OF THE TRAFFIC PLAN FOR THE INTERSECTION OF BLUE HERON BOULEVARD AND CONGRESS AVENUE. APPROVED 6-8-99

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

6.C. ENGINEERING AND PUBLIC WORKS

6.C.1. DOCUMENT R-99-1070-D

AGREEMENT OF SETTLEMENT AND RELEASE WITH FLORIDA POWER & LIGHT COMPANY (FPL), WHEREBY THE COUNTY HIRED AMERICAN UTILITY BILL AUDITORS TO PERFORM AN AUDIT OF FPL'S BILLINGS TO THE COUNTY CONCERNING TRAFFIC SIGNAL POWER SERVICES. SOME OF THE AUDIT FINDINGS ARE IN DISPUTE. FPL PERFORMED A REVIEW OF THE ACCOUNTS AND SUBMITTED A BILL TO THE COUNTY FOR PAST POWER USAGE WHICH WAS NOT BILLED. THE AGREEMENT IS A COMPROMISE SETTLEMENT OF DISPUTED CLAIMS WHERE EACH PARTY RELEASES THE OTHER OF ALL CLAIMS UP TO AND INCLUDING DECEMBER 31, 1998 (INCLUDING THE $154,985 BILL FROM FPL). APPROVED 6-8-99

MOTION to approve the agreement. Motion by Commissioner Newell and seconded by Commissioner Marcus.

Commissioner Roberts asked if there were plans to ensure that the incident did not reoccur. County Engineer George T. Webb reported a different system for keeping records had been installed for the traffic signal billing and also for street light billing. He informed the Board there were contract issues with American Utility Bill Auditors to be finalized.

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

6.C.2.

a. RESOLUTION R-99-1071

RESOLUTION REVISING A SCHEDULE OF USER FEES TO REFLECT CURRENT DAY FUNCTIONS AND SERVICES TO MORE CLOSELY MATCH ACTUAL COUNTY COSTS FOR LAND DEVELOPMENT SERVICES. (REPEALS R-92-458) ADOPTED 6-8-99

b.

ADDITION OF TWO REVIEW POSITIONS IN THE LAND DEVELOPMENT DIVISION. APPROVED 6-8-99

MOTION to adopt the resolution and approve the positions. Motion by Commissioner Marcus, seconded by Commissioner McCarty, and carried 6-0. Commissioner Masilotti absent.

6.D. FACILITIES DEVELOPMENT AND OPERATIONS

6.D.1.

INCREASE IN FACILITIES DEVELOPMENT AND OPERATIONS PROPERTY AND REAL ESTATE MANAGEMENT COMPLEMENT BY THREE POSITIONS CONSISTING OF REAL ESTATE MANAGER, REAL ESTATE SPECIALIST, AND SECRETARY TO IMPLEMENT THE REAL ESTATE RESPONSIBILITIES OF THE CONSERVATION LANDS ACQUISITION PROGRAM. APPROVED 6-8-99

MOTION to approve the increase. Motion by Commissioner Marcus and seconded by Commissioner McCarty.

Commissioner Newell noted that the Property and Real Estate Management Director would also be managing the additional temporary employees. The Nature Conservancy was paid $1.5 million to represent the County during negotiations for the program.

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

6.D.2.

DIRECTION CONCERNING A REQUEST BY THE HISTORICAL SOCIETY FOR A ONE-YEAR EXTENSION FROM JUNE 18, 1999, TO RAISE FUNDS TO UNWRAP AND RESTORE THE EXTERIOR OF THE OLD COURTHOUSE. BOARD ALTERNATIVES ARE: (A) GRANT THE ADDITIONAL ONE-YEAR EXTENSION REQUESTED BY THE HISTORICAL SOCIETY; (B) HAVE THE COUNTY ASSUME THE LEAD RESPONSIBILITY FOR MANAGING THE RENOVATION PROJECT. UNDER THIS ARRANGEMENT, THE LEASE AGREEMENT WOULD BE RESTRUCTURED TO ALLOCATE SPACE TO THE HISTORICAL SOCIETY FOR A MUSEUM AS DESCRIBED IN ATTACHMENT 1; (C) ISSUE A REQUEST FOR PROPOSAL FOR ANOTHER ENTITY TO TAKE OVER FUND-RAISING AND RENOVATION; OR (D) DEMOLISH THE BUILDING IN ACCORDANCE WITH THE ORIGINAL PLAN FOR THE JUDICIAL AND GOVERNMENTAL CENTER COMPLEX. APPROVED ALTERNATIVE A 6-8-99

MOTION to approve Alternative A. Motion by Commissioner Marcus and seconded by Commissioner Roberts.

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

Commissioner McCarty stated support for restoration and operation of the old courthouse. She would not, however, support the County's responsibility for the project. She did not believe that the Historical Society was capable of the project and suggested it be submitted for request for proposals. Another extension allowed for more deterioration and greater repair expenses. Commissioner Masilotti requested the Board receive updates on the Historical Society's progress.

UPON CALL FOR A VOTE, the motion carried 6-1. Commissioner McCarty opposed.

6.D.3. DOCUMENT R-99-1072-D

AGREEMENT WITH MILLER COMPANY, INC., TO EXCHANGE A 3.9-ACRE SURPLUS OUTPARCEL OF THE SOUTH COUNTY CIVIC CENTER FOR 4.25 ADJOINING ACRES. THE COUNTY'S 3.9 ACRES FRONT ON JOG ROAD BETWEEN THE SOUTH COUNTY CIVIC CENTER AND THE ADDISON PLACE COMMERCIAL RETAIL DEVELOPMENT. MILLER COMPANY DESIRES TO DEVELOP THE SECOND PHASE OF ADDISON PLACE ON THIS PROPERTY. MILLER COMPANY HAS CONTRACTED TO BUY 4.25 ACRES BEHIND THE COUNTY'S PARCEL, WHICH IS BETTER SUITED FOR THE COUNTY'S USE FOR EXPANSION OF MORIKAMI PARK AND OVERFLOW PARKING FOR THE CIVIC CENTER. PURSUANT TO THIS AGREEMENT, THE COUNTY ALSO WILL RECEIVE $550,00 IN CASH. THE COUNTY WILL REIMBURSE MILLER COMPANY FOR AN AMOUNT NOT TO EXCEED $81,024 FOR THE COST OF OBTAINING ZONING APPROVALS AND REGULATORY PERMITS FOR THE COUNTY'S PROPOSED PARK DEVELOPMENT, INCLUDING A SOUTH FLORIDA WATER MANAGEMENT DISTRICT PERMIT TO RELOCATE THE EXISTING RETENTION POND ON THE COUNTY PROPERTY TO THE EXCHANGE/PARK PROPERTY FOR AN AMOUNT NOT TO EXCEED $110,000. APPROVED 6-8-99

MOTION to approve the agreement. Motion by Commissioner Aaronson, seconded by Commissioner Marcus and carried 7-0.

6.D.4. - 2:15 P.M. TIME CERTAIN - See Pages 43-49.

6.D.5. - 2:15 P.M. TIME CERTAIN - See Page 49.

6.D.6. - 2:15 P.M. TIME CERTAIN - See Page 49.

6.E. ENVIRONMENTAL RESOURCES MANAGEMENT

6.E.1.

a.

INCREASE IN THE PERSONNEL COMPLEMENT OF THE DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT BY ONE FULL-TIME POSITION TO ASSIST IN THE EFFECTIVE ADMINISTRATION OF THE CONSERVATION LAND ACQUISITION PROGRAM RESULTING FROM THE MARCH 9, 1999, LAND ACQUISITION FOR CONSERVATION PURPOSES BOND REFERENDUM. APPROVED 6-8-99

b. BUDGET AMENDMENT 99-754

BUDGET AMENDMENT IN THE GENERAL FUND FOR $26,062 TO ESTABLISH A BUDGET FOR INCREASE IN THE PERSONNEL COMPLEMENT OF THE DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT BY ONE FULL-TIME POSITION TO ASSIST IN THE EFFECTIVE ADMINISTRATION OF THE CONSERVATION LAND ACQUISITION PROGRAM RESULTING FROM THE MARCH 9, 1999, LAND ACQUISITION FOR CONSERVATION PURPOSES BOND REFERENDUM. APPROVED 6-8-99

MOTION to approve the increase in personnel and the budget transfer. Motion by Commissioner Marcus and seconded by Commissioner McCarty.

Commissioner Newell pointed out this was a temporary position.

UPON CALL FOR A VOTE, the motion carried 7-0.

6.E.2. RESOLUTION R-99-1073

RESOLUTION ESTABLISHING THE CONSERVATION LAND ACQUISITION SELECTION COMMITTEE AND APPOINTING THE EXISTING MEMBERS OF THE CONSERVATION LAND ACQUISITION COMMITTEE TO THIS NEW COMMITTEE. ADOPTED 6-8-99

MOTION to adopt the resolution. Motion by Commissioner Marcus and seconded by Commissioner McCarty.

PUBLIC COMMENT:

Stella Rossi, representative for the board of the Coalition for Wilderness Islands, stated concern with Sections 501 and 505 of the resolution. She asked how long would it take for development of a master plan before any offers on land could be made. The Board of County Commissioners needed to assure there would be acquisition of environmentally sensitive lands from the $150 Million Land Acquisition for Conservation Purposes bond, she said.

Environmental Resources Management Director Richard Walesky commented that:

  • •The intent was to form the infrastructure of the committee which would direct the activities of the land acquisition process.
  • •If the resolution were adopted today, the committee would meet next Monday, June 14, 1999, and look at the overall plan.
  • •Environmentally sensitive lands acquisitions were continuing to move forward with the assistance of the last bond as well as the new bond.
  • •Next Monday the committee would consider the process under which acquisition would occur in the Agricultural Reserve.
  • •There was a concern about land acquisition in advance of completion of the master plan for the Agricultural Reserve to be done by the Planning Division.
  • •Completion of all appraisals and the setting in line of the program would coincide with the time frame for completion of the master plan.
  • •Acquisition in the Agricultural Reserve would not be slowed down by the failure to have a master plan.

County Administrator Weisman said Section 504 would be changed to Section D.

AMENDED MOTION to change Section 504 to Section D and to renumber Sections 505-508 accordingly. The maker and seconder agreed.

Joanne Davis submitted and reviewed information regarding potential matching funds for the Conservation Land Acquisition Program.

Commissioner Masilotti recommended staff submit at the next regular meeting, a resolution requesting support from the Legislative Delegation for potential matching funds as suggested by Ms. Davis. He asked if the bond referendum contained language that the money would be spent specifically for environmentally sensitive lands. Mr. Walesky stated the bond language stipulated that the $150 million could be spent for a variety of things. It had been discussed at great length by the Board to use $50 million for sensitive lands and $100 million for the Agricultural Reserve. There was a decision not to make that language a part of the legal document, he said. The Board informally agreed to a guarantee for the use of $50 million for sensitive lands and $100 million for the Agricultural Reserve.

UPON CALL FOR A VOTE, the motion carried 7-0.

6.F. INFORMATION SYSTEMS SERVICES

6.F.1.

a. DOCUMENT R-99-1074-D

AMENDMENT TO THE CONTRACT WITH SCT GOVERNMENT SYSTEMS FOR THE DEVELOPMENT AND DEPLOYMENT OF THE CIVIL INFORMATION SYSTEM (CIVIS) TO INCLUDE COMPONENTS FOR THE JUVENILE COURTS INFORMATION SYSTEM CURRENTLY SCHEDULED TO BE COMPLETED IN AUGUST 2000 FOR $1,088,703. (AMENDS R-98-1540-D) APPROVED 6-8-99

b. BUDGET TRANSFER 99-856

BUDGET TRANSFER IN THE GENERAL CAPITAL OUTLAY FUND FOR $1,883,490 FROM THE CRIMINAL JUSTICE INFORMATION SYSTEM (CJIS) PROJECT TO THE CIVIL INFORMATION SYSTEM (CIVIS) PROJECT. APPROVED 6-8-99

MOTION to approve the contract and budget transfer. Motion by Commissioner Marcus and seconded by Commissioner Masilotti.

County Administrator Weisman said that:

  • •At the Information Systems Services Policy Board meeting, the judiciary noted that juvenile court had inadequate record keeping and needed the greatest assistance.
  • •SCT Government System had a juvenile court system that was a cross between civil and criminal justice.
  • •Staff did an evaluation and concluded the system would be adequate, as well as compatible with other ongoing functions.
  • •It was a slight change from the original plan to have one comprehensive system.
  • •Mike Pinkney, Justice Information Systems Project Manager, had advised that the performance of SCT Government System on its current civil system contract was satisfactory.
  • •Previous issues with the company had been resolved.
  • •Staff recommended approval.

UPON CALL FOR A VOTE, the motion carried 7-0.

6.G. HOUSING AND COMMUNITY DEVELOPMENT

6.G.1.

SUMMARY OF THE DRAFT COUNTY ANNUAL CONSOLIDATED PLAN, WHICH INCLUDES THE EMERGENCY SHELTER GRANTS, HOME INVESTMENT PARTNERSHIPS, AND COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING RECOMMENDATIONS FOR FISCAL YEAR 1999-2000. APPROVED 6-8-99

MOTION to approve the draft plan. Motion by Commissioner McCarty, seconded by Commissioner Aaronson, and carried 7-0.

6.H. PUBLIC SAFETY

6.H.1. RESOLUTION R-99-1075

RESOLUTION ADOPTING RULES AND REGULATIONS GOVERNING THE ANIMAL CARE AND CONTROL HEARING BOARD, PURSUANT TO ORDINANCE 98-22. ADOPTED 6-8-99

MOTION to adopt the resolution. Motion by Commissioner Marcus and seconded by Commissioner Roberts.

Public Safety Director Paul Milelli introduced the new Animal Care and Control Director Rebecca Rhoades.

UPON CALL FOR A VOTE, the motion carried 7-0.

6.I. PALM TRAN

6.I.1.

a.

EXTENSION OF THE TERM CONTRACT WITH AAA WHEELCHAIR AND WAGON SERVICES, DBA AMBULETTE OF THE PALM BEACHES, FOR AMERICANS WITH DISABILITIES ACT AND TRANSPORTATION DISADVANTAGED SERVICES FROM JUNE 30, 1999, THROUGH OCTOBER 31, 1999, AND INCREASING THE CURRENT CONTRACT BY AN AMOUNT NOT TO EXCEED $1,493,800. THE CURRENT CONTRACT AMOUNT IS $12.814 MILLION, FOR A NEW TOTAL OF $14,307,800. APPROVED 6-8-99

b.

AMBULETTE OF THE PALM BEACHES TO EXTEND ITS SUBCONTRACT WITH PALM BEACH TRANSPORTATION TO PROVIDE EMERGENCY BACK-UP TRANSPORTATION SERVICES AT A REIMBURSABLE RATE OF $17 PER TRIP THROUGH OCTOBER 31, 1999. APPROVED 6-8-99

MOTION to approve the contract extensions. Motion by Commissioner McCarty and seconded by Commissioner Marcus.

Commissioner McCarty noted there had been complaints. Assistant County Administrator Vince Bonvento said staff had been working through a transitional period with Intelitran, a nationally recognized paratransit management firm that had been working for the County approximately 30 days. Staff had been working closely with the agencies and Intelitran to resolve scheduling problems. Part of the problem seemed to be with the software of their scheduling program that had not worked as effectively for the County as it had for others nationwide.

Commissioner Aaronson reported of numerous complaints he has received. He asked staff to ensure that Ambulette of the Palm Beaches and Palm Beach Transportation worked together without one trying to sabotage the other. Mr. Bonvento replied that staff had been working very closely with both companies.

UPON CALL FOR A VOTE, the motion carried 7-0.

6.I.2.

a. DOCUMENT R-99-1076-D

INTERLOCAL AGREEMENT WITH THE TRI-COUNTY COMMUTER RAIL AUTHORITY (TCRA) FOR FIVE YEARS (FISCAL YEAR 1999 THROUGH 2004) FOR $7,382,450, SUBJECT TO AN ANNUAL BUDGET APPROPRIATION OF $900,000 AND RECEIPT OF SUPPLEMENTAL FEDERAL TRANSIT ADMINISTRATION SECTION 5307 FUNDING. THIS AGREEMENT OUTLINES THE LEVEL OF FUNDING AND RESPONSIBILITIES BETWEEN TCRA, FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), AND THE COUNTY AS ONE OF THREE COUNTIES CONTRIBUTING TO THE LOCAL MATCH NECESSARY FOR TCRA TO RECEIVE FDOT FUNDING. IT REPLACES THE INTERLOCAL AGREEMENT AMONG METROPOLITAN DADE COUNTY, BROWARD COUNTY, PALM BEACH COUNTY, AND FDOT RELATING TO THE SOUTH FLORIDA TRI-COUNTY COMMUTER RAIL PROJECT. (SUPERCEDES R-94-1381-D) APPROVED 6-8-99

b. DOCUMENT R-99-1077-D

SUPPLEMENTAL INTERLOCAL AGREEMENT WITH TRI-COUNTY COMMUTER RAIL AUTHORITY (TCRA) FOR ONE YEAR FOR THE EXCHANGE OF $490,518 IN FEDERAL TRANSIT ADMINISTRATION SECTION 5307 CAPITAL FUNDS FOR AN EQUAL SUM DERIVED FROM THE COUNTY'S GAS TAX REVENUES TO BE USED BY THE TCRA FOR OPERATING FUNDS ABOVE THE $900,000 CONTAINED IN THE CURRENT FISCAL YEAR 1999 BUDGET. (SUPPLEMENTS R-99-1076-D) APPROVED 6-8-99

c. BUDGET AMENDMENT 99-910

BUDGET AMENDMENT IN THE MASS TRANSIT FUND FOR $823,851 FOR ADDITIONAL REVENUE OF $333,333 FROM THE TRI-COUNTY COMMUTER RAIL AUTHORITY (TCRA) FOR INCREASED BUS SERVICE TO THE DOWNTOWN WEST PALM BEACH TRI-RAIL STATION AND TO PAY THE $490,518 FROM THE GAS TAX TO TCRA IN FISCAL YEAR 1999. APPROVED 6-8-99

MOTION to approve the agreements and budget amendment. Motion by Commissioner Roberts and seconded by Commissioner Aaronson.

In response to Commissioner Aaronson's inquiry, Commissioner Roberts reported that Dade and Broward counties had made their fair share contributions.

UPON CALL FOR A VOTE, the motion carried 7-0.

6.J. PUBLIC AFFAIRS

TIME CERTAIN - 11:15 A.M.

6.J.1. See Pages 36-40.

6.K. OFFICE OF FINANCIAL MANAGEMENT AND BUDGET

6.K.1.

PRELIMINARY READING AND ADVERTISE FOR PUBLIC HEARING ON JULY 27, 1999, AT 9:30 A.M., AN ORDINANCE AMENDING THE UNIFIED THE UNIFIED LAND DEVELOPMENT CODE AS ADOPTED BY ORDINANCE 92-20, AS AMENDED; AMENDING SECTION 10.2, COUNTY DISTRICT, REGIONAL, AND BEACH PARKS IMPACT FEE; SECTION 10.3, FIRE-RESCUE IMPACT FEE; AMENDING SECTION 10.4, LIBRARY IMPACT FEE; AND SECTION 10.8, FAIR SHARE ROAD IMPACT FEES. APPROVED 6-8-99

MOTION to approve on preliminary reading and advertise for public hearing on July 27, 1999, at 9:30 a.m. Motion by Commissioner McCarty and seconded by Commissioner Marcus.

Commissioner Masilotti questioned the dispersal of gasoline tax funds. Staff commented that impact fee revenues collected must be expended in the same zones from which they were collected and for approved growth-related projects. County Administrator Weisman advised that a budget workshop would be the proper forum to address Commissioner Masilotti's concern. Commissioner McCarty noted there had been prior discussion about the possibility of changing impact fee zones. Staff stated it was currently conducting a biannual review of the impact fee system and would include recommendations for restructuring of the benefit zones. The review was expected to be completed sometime in the year 2000.

Commissioner Roberts suggested the zones of influence be changed to better facilitate the uses, particularly in the western and northern areas. She noted that 50 percent of the gasoline tax was dedicated to roads and the remainder to transit. County Administrator Weisman suggested for a future budget workshop, the Board consider taking $7 million out of the gas tax. The Board could discuss how the funds would be dispersed at that time or make that determination at a later date.

Commissioner Marcus said that $7 million had been identified this year from a road project postponed for one year. There was previous discussion on the increase and shifting around of impact fees and gas tax dollars. The Board had considered spending $1 million per district for beautification. It was her understanding the dispersal of those funds would be discussed on July 6. County Engineer Webb stated an exact date for discussion of the dispersal of the funds had not been determined. Staff would supply options and a modified Five-Year Road Program reflecting the impact fee increases and the consequences for consideration on July 6. Commissioner McCarty asked that staff's recommendations for the spending of the $7 million be patterned after the Pathway Program, whose projects are done according to necessity.

UPON CALL FOR A VOTE, the motion carried 7-0.

6.K.2.

a.

ACCEPT RECOMMENDATIONS OF THE OCCUPATIONAL LICENSE TAX RATE REVIEW COMMITTEE RELATING TO AMENDMENTS TO THE OCCUPATIONAL LICENSE TAX ORDINANCE. APPROVED 6-8-99

b.

PRELIMINARY READING AND ADVERTISE FOR PUBLIC HEARING ON JULY 13, 1999, AT 9:30 A.M., AN ORDINANCE AMENDING ORDINANCE 72-7, AS AMENDED, THE OCCUPATIONAL LICENSING ORDINANCE, AMENDING SECTION 17-25, PENALTY FOR LATE PAYMENT; SECTION 17-44, FARM, GROVE, HORTICULTURAL, FLORICULTURAL, TROPICAL PISCICULTURAL, AND TROPICAL FISH FARM PRODUCTS; SECTION 17-63, HOTELS, APARTMENT HOUSE, MOTELS, ETC.; SECTION 17-91, VENDING MACHINES; SECTION 17-66, TRAVELING MEDICINE SHOWS; AND SECTION 17-69, DANCE HALLS, VARIETY EXHIBITIONS. APPROVED 6-8-99

MOTION to approve the recommendations and approve on preliminary reading and advertise for public hearing on July 13, 1999, at 9:30 a.m. Motion by Commissioner McCarty and seconded by Commissioner Newell.

Commissioner Newell asked that two items be added: (1) Any false information supplied would be grounds for revocation of an occupational license. (2) Monies collected would be used for the Code Enforcement Division to ensure appropriate issuance of occupational licenses and inspection of businesses. Staff commented that $70,000 in additional revenue would be generated. It was not appropriate to state within the ordinance what the monies would be spent for.

Code Enforcement Director Terry Verner clarified that Code Enforcement was not the principal enforcement entity for occupational licenses. The Tax Collector's Occupational License Department handled that. A Code Enforcement representative, while at a location for reasons under its jurisdiction, would note any occupational license discrepancies and report them to the Tax Collector's Occupational License Department. Commissioner Roberts asked how could the County ensure its requirements were met when the Occupational License Department checked to see if a business had a license, but not whether the business operated accordingly. Occupational License Manager Pat Post commented his office ensured that a license applied for was appropriate for the business to be conducted. In some instances businesses required a state license as well as County. Until they obtained a state license, the Tax Collector was precluded from issuing a license.

Mr. Verner said his office would work more closely with the Occupational License Department to address the Board's concerns. The Occupational License Department would notify the Code Enforcement Division if there were questions as to a business operating inappropriately. The Code Enforcement Division would notify the Occupational License Department if a business was operating without a license.

Commissioner Roberts asked who checked on a business after it had been issued a license to ensure it operated accordingly. Sherry Lenox, representative for Occupational License Department, explained that when a license was issued, her office did not immediately go to the business location to verify the business operated accordingly. Mr. Verner added that his office operated on a complaint basis. If the Board desired, staff would consider initiation of a follow-up inspection program. Staff, however, could not guarantee an annual inspection. The Occupational License Department would notify the Code Enforcement Division of a license issued in a certain category. Three or four months later, the Code Enforcement Division would verify if the business was operating accordingly.

Commissioner Aaronson noted that during previous discussion, it had been determined there would be approximately $99,000 in application fees that would be turned over to the Code Enforcement Division for an additional person to address the occupational license enforcement issues. That currently was not the case, he said.

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

Mr. Post said that the Occupational License Department regularly visited businesses to verify if they were complying with occupational license requirements. There were approximately 70,000 licenses issued Countywide.

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

6.L. PLANNING, ZONING AND BUILDING

6.L.1. See Pages 50-52.

6.J. PUBLIC AFFAIRS

TIME CERTAIN - 11:15 A.M.

6.J.1.

RECEIVE AND FILE LEGISLATIVE REPORTS ON THE 1999 STATE LEGISLATIVE SESSION. DIRECTION GIVEN 6-8-99

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

During the lengthy discussion that ensued, it was brought out that:

  • •This year was the second phase of a three-tiered effort to re-nourish beaches statewide with appropriations for the beach and inlet management project.
  • •There was $20 million available statewide for 1999 for various projects. Next year it would increase to $30 million and, it was hoped, remain at that level annually.
  • •The County had several beach and inlet management projects and received $8.8 million out of the $20 million statewide funding.
  • •There were other County beach re-nourishment projects at the bottom of the list that may receive funding after all bids are received this summer.
  • •If the counties of Broward, Dade, and Palm Beach worked together, there would be a greater number of legislators working together on mutual projects.
  • •The State Road 80 project was accomplished for $78.6 million, through the efforts of the local District Manager for the Department of Transportation.
  • •There was funding of $1.5 million for the Lake Worth Lagoon.
  • •There were several code enforcement bills introduced. The delegation amended its language, and submitted it under House Bill 163, which was sponsored by Representative Curt Levine and Senator Steve Geller.
  • •The Interim Improvement Surcharge project, which was the partial year assessment, did not pass.
  • •There were several national television shows depicting Florida's weakness in pawnshop regulation.
  • •Senator Ron Klein filed a pawnshop regulation bill as a County priority, which would allow a person to reclaim goods without going through excess red tape if he/she could prove ownership of those goods.
  • •Another pawnshop bill was submitted which would utilize cameras and a statewide computerized tracking system. It initiated a battle between the sheriffs and other organizations as to who would have authority to run the system.
  • •There were confusing issues surrounding the pawnshop bill, which included similar strategies used in the title loan issue.
  • •Palm Beach County with its title loan ordinance, along with a few other communities who initiated local law, influenced the state to take similar action.
  • •Pawnbrokers and title loan companies were at odds. There were ridiculous interest rates and various laws that made it very easy for goods to be fenced.
  • •The Legislative Delegation was not in unanimous support of the title loan issue.
  • •Florida was the only state inwhich a person over 25 years of age could not collect for damages from pain and suffering if his or her parent died due to negligence.
  • •The title loan legislation allowed local government to pass legislation that regulated interest rates and pawn-brokering statutes did not.
  • •The code enforcement legislation was attached as an amendment to an existing bill and was passed in the senate.
  • •Legislation for film industry tax exemption did not pass, but would be revisited next year. The creation of a film commission did pass.
  • •Due to voter approval, the legislature should have made implementation of Revision 7 a priority.
  • •A joint committee of the House and Senate was formed to begin the process of the implementation of Revision 7. They have four years to start funding of the program.
  • •The Board made an earlier decision not to pay the additional Revision 7 costs because the money was needed for more important services.
  • •Constituents voted in favor of Revision 7 because it would save millions in taxes. The legislature, however, had not authorized for that to happen this year.
  • •In order to keep its commitment not to raise taxes for five years, the Board would have to cut services.
  • •The Supreme Court justices were concerned with the state waiting until the fourth year to start implementing the Revision 7 program. It would be cost-effective to phase it in.
  • •The delegation was trying to work with the governor to avoid his veto of projects.
  • •The delegation had put together 82 projects with the input from various agencies and came up with $36 million in funding this year.
  • •The legislature had committed to statewide tax rebates that would prove costly to counties because those funds were not used for Revision 7 and other projects.
  • •The legislature's cut of the intangible personal property tax would cost the County $20 million next year.
  • •Governor Bush had campaigned that the intangible personal property tax should be removed and the income local governments received from it should be derived from some other source. The legislature chose not to do that.
  • •The Senate Judiciary Committee and the Legislative Committee on Intergovernmental Relations would define state court costs relative to the Article 5 issue this summer. The Florida Association of Counties would participate in that discussion.
  • •The County would not pay for any new Article 5 costs based on the constitutional amendment.
  • •Due to the veto of the mandatory jail term legislation, the Chief Judge, State Attorney, and Public Defender stated they could not get state funding for additional personnel each would require.
  • •The Board would not support unfunded state mandates.
  • •Local governments received less funding than anticipated from the tobacco tax.
  • •A bill was filed last year to make up the difference on the tobacco tax. It did not pass because the legislature wanted to see what happened with the intangible personal property tax.
  • •If good economic conditions remained, the plan was to remove the intangible personal property tax within the next two years.
  • •The legislature had an obligation to make up for the negative impact of removal of the intangible personal property tax by either coming up with another source of revenue to local governments or establishing a hold harmless or similar mechanism for local governments.
  • •The Public Health Unit received $8 million this year. It could have been funded four years ago.
  • •The public and organizations should be made aware of state programs that could be of assistance with projects the public and organizations have.
  • •The Florida Recreation Development Assistance Program was very limited for Palm Beach County considering the amount of money submitted to the state from the County. The program limited each county to two pending applications at one time. There was no rationale to the fact that counties one-twentieth the size of Palm Beach County received the same amount of funding.
  • •Peanut Island was a phenomenal project that should receive more than the current $100,000 in state funding. It was a tourist attraction as well as a proposed regional project, and the state needed to create a new category to recognize that.
  • •When the governor submitted his proposed budget, he explained the criteria he would use to judge the various projects.
  • •The governor vetoed projects because there was insufficient time for his budget staff to thoroughly review the thousands of projects submitted within 30 days.
  • •To increase the success rate for approval of projects, legislators should refer to the governor's eight criteria and do necessary research when putting them together.
  • •The projects should be discussed with the governor's budget staff as far in advance as possible, to allow sufficient time for their review and redrafting by the legislators, if needed.
  • •Representative Bill Andrews was the first to submit projects to the governor's office well in advance of the legislative session.
  • •Mr. Andrews frequently questioned the governor's staff to ensure there were no problems with the projects. He, however, received a call two hours before the press conference on the governor's veto message.
  • •Immediate and effective planning was necessary to prevent the same problem from reoccurring.
  • •Insufficient time was scheduled for meetings with the Legislative Delegation.
  • •Representative Andrews suggested one-half day to discuss issues, allow the delegation one to two weeks to review the issues with its staff in Tallahassee, then report back to the Board with recommendations.
  • •The League of Cities should be included for input.
  • •Appropriations issues should be addressed immediately.
  • •Tentative Legislative Delegation workshop dates were July 13, August 17 and 24, 1999.
  • •Lobbyists should be required to provide accurate client information to the counties they represent.
  • •The delegation would resubmit a previously failed bill which would allow installation of surveillance cameras for traffic safety purposes.

STAFF WAS DIRECTED TO:

  • •Seek better communications with Dade and Broward Counties to work together on mutual projects.
  • •Pursue means to require legislators to explain their actions concerning certain issues.
  • •Ask newspapers to report on the votes by state legislators on various issues.
  • •Make the pawn-brokering issue a priority to be pursued as a local option similar to the title loan legislation, as per Commissioner Newell's recommendations.
  • •Note during the hiring process of lobbyists, their other clients and with whom they have conflicts.
  • •Pursue strengthening the County's lobbying efforts in Tallahassee with the assistance of lobbyist Kathleen Daley Montoya in the creation of a team for that purpose.
  • •Pursue local option legislation for installation of surveillance cameras for traffic safety purposes.

RECESS

At 12:50 p.m., the Chair declared a recess.

RECONVENE

At 2:05 p.m., the Board reconvened with Commissioners Lee, McCarty, Marcus, Masilotti, Newell and Roberts present.

9. MATTERS BY THE PUBLIC - 2:00 P.M.

9.A.

ALLEGED HARASSMENT BY ENVIRONMENTAL RESOURCES MANAGEMENT. DISCUSSED 6-8-99

Alfred Daise, a resident of the unincorporated area known as Loxahatchee, stated his family was being harassed by the Environmental Resources Management (ERM) Department. Approximately 17 false complaints had been made against him to ERM. During inspection of his property, the department did not find any trees disturbed but said that the minor trees and seedlings under the grass layer appeared to have been disturbed, which was a violation. He sent a letter to Deputy County Administrator Patrick Miller about the matter, and Mr. Miller responded by upholding staff's position. The Code Enforcement Division sent a letter to the persons who had complained, noting it was illegal to file false complaints. The Environmental Resources Protection Division stated they had to investigate every complaint.

Mr. Miller responded that he received Mr. Daise's second letter a few days ago. The letter was forwarded yesterday to Allen Trefry, director of Environmental Resources Protection Division. Mr. Trefry's office replied that it seemed as though the minor trees and seedlings under the grass layer had been disturbed. That information would be forwarded to Mr. Miller, who would then meet with Mr. Daise to resolve the matter. Mr. Miller informed the Board that he would check into the 17 complaints made to ERM. Commissioner McCarty stressed that staff should take appropriate actions if there were false complaints. Commissioner Roberts stated if departments were receiving false complaints as a means of harassment, the Board needed to consider establishing a policy to address it. Commissioner Masilotti said that Mr. Miller had kept his office apprized of the matter.

9.B.

LACK OF HANDICAPPED PARKING SPACES NEAR COURTHOUSE. DISCUSSED 6-8-99

Steven Carroll contended there was lack of handicapped parking spaces near the Courthouse. He informed the Board he had contacted the Department of Justice because the city and the County had not favorably responded to his concern. Facilities Development and Operations Director Audrey Wolf responded that the County was in compliance with Americans With Disabilities Act requirements and went beyond those requirements on Third Street and other areas. County Administrator Weisman explained that for security reasons certain areas were inaccessible by the public. Staff would further investigate the matter and submit its findings in writing to the Board and Mr. Carroll.

9.C.

EMERGENCY MEDICAL SERVICES REQUEST FOR PROPOSAL. DISCUSSED 6-8-99

Bob Eberhart, a representative for Medics Ambulance Service, said that:

  • •The Board had directed staff on May 18, 1999, to prepare a Request For Proposal (RFP) for the best primary Emergency Medical Services (EMS) transport provider for the Belle Glade and Pahokee areas.
  • •After review of the current EMS ordinance and communicating with County staff, it was apparent that issuing an RFP for more than 14 months, at this time, would not accomplish the Board's goals.
  • •The current Board direction for an RFP would allow only one bidder to offset the proposed operating costs with emergency revenue.
  • •All providers should have the opportunity to submit their proposals on a level playing field.
  • •The Board should reconsider its earlier direction and consider the following recommendations: (A) When the current contract with Everglades Ambulance Service expires October 31, 1999, the County could issue an invitation for bid, and award that contract for 14 months. This would allow the current Certificate of Public Convenience and Necessity to become concurrent with all other providers in the County. (B) During that 14 months, the County could prepare an RFP that would allow the creative and economic opportunity for the County via a contract that would be concurrent with all other EMS providers.

The Board informally agreed for staff to move forward with Mr. Eberhart's recommendations.

9.D.

ALLEGED MISUSE OF PUBLIC FUNDS FOR ENVIRONMENTAL LANDS PURCHASES. DISCUSSED 6-8-99

Barbara Susco contended that public lands were used for the personal use of environmentalists. She noted the attempt by South Florida Water Management District to buy up a community consisting of 400 homes; lots were being taken in Unit 11; $1 million was allocated both for the Loxahatchee Preserve, and for environmental classrooms.

TIME CERTAIN - 2:15 P.M.

6.D.4.

a.

PROPOSED CONVENTION CENTER PROJECT INTERLOCAL AGREEMENT WITH STAFF'S PROPOSED CHANGES FOR RESUBMITTAL TO THE CITY OF WEST PALM BEACH FOR ITS APPROVAL CONTINGENT UPON CITYPLACE'S APPROVAL OF THE REVISED CITYPLACE AGREEMENT. APPROVED AS AMENDED 6-8-99

b.

DESIGN CONTINUATION AND PROVISION FOR A CONVENTION CENTER AT THE NOW ESTIMATED TOTAL COST OF $72,355,144 (HARD CONSTRUCTION COST - $54,195,307; PROJECT SOFT COST - $11,055,676; PROJECT CONTINGENCY - $7,104,161). THE COST OF THE CONVENTION CENTER INCLUDES A 100,000-SQUARE-FOOT EXHIBITION HALL, A 25,000-SQUARE-FOOT BALLROOM, AND 12 MEETING ROOMS WITH A TOTAL OF 16,570 SQUARE FEET. DISCUSSED 6-8-99

c.

PROJECT GENERAL SCHEDULE FOR THE DESIGN AND CONSTRUCTION OF THE CONVENTION CENTER. DISCUSSED 6-8-99

d.

SEPARATE CITYPLACE AGREEMENT REGARDING THE HOTEL PROPERTY WITH PROPOSED CHANGES FOR RESUBMITTAL TO CITYPLACE FOR APPROVAL CONTINGENT UPON THE CITY OF WEST PALM BEACH'S APPROVAL OF THE REVISED INTERLOCAL AGREEMENT. DISCUSSED 6-8-99

e.

AMENDED CONVENTION CENTER SITE PLAN WITH THE COUNTY'S TRACT 7 MODIFICATIONS. DISCUSSED 6-8-99

Commissioner McCarty referred to a memorandum from County Attorney Dytrych dated May 26, 1999, about a complaint with South Florida Water Management District and the Department of Transportation in order to stop the proposed Palm Beach International Airport/Interstate 95 interconnect project. The Vedado Neighborhood Homeowners Association had filed a grievance against the project, and the City of West Palm Beach had filed a petition to intervene in that case. About six months ago, the Board stopped all negotiations on the convention center until the city addressed its problems with the interconnect. The city later said it would not become involved in stopping the interconnect and desired to move forward with the convention center negotiations. That, however, had changed. Commissioner McCarty contended the Board had agreed to a Palm Beach International Airport/Interstate 95 interconnect and should not discuss the convention center until the interconnect issue had been resolved with the city.

City of West Palm Beach Mayor Joel Daves stated the city had received the interlocal agreement yesterday, and he was unprepared to discuss the matter effectively. City Attorney Pat Brown had been involved in the negotiations with the County, but was currently in Tallahassee for litigation before the Supreme Court. Mayor Daves asked the Board to postpone the item until its next regular meeting. Commissioner Marcus stated it had been determined to consider the item so the city would be aware of the Board's position regarding staff's recommendation. Chief Deputy County Attorney Gordon P. Selfridge informed the Board that, although Mr. Brown may not have seen the final agenda item, staff had met with him at least two weeks ago and detailed all the various issues and the recommendations that would be presented to the Board. Mr. Brown said at the time that he did not believe the city would agree to them.

Commissioner Aaronson suggested not moving forward with the project if the city continued with its intervention proceedings regarding the proposed Palm Beach International Airport/Interstate 95 interconnect. He questioned the mayor's position regarding the city's earlier commitment not to object to the interconnect. Mayor Daves responded the city had approved to intervene in the case without any further commitment except to be a party in the administrative proceeding that was pending. He did not vote on it. He represented the city, however, and assumed responsibility for its actions. Commissioner Roberts noted delay of the project would not harm the County, but CityPlace needed the convention center to start as soon as possible. Commissioner Newell asked Mayor Daves to inform the city commission at its next meeting that the County requested the city to cease its intervention in the interconnect litigation. Mayor Daves said that he would review any records indicating the city's commitment to withdraw any objection to the interconnect. Mr. Selfridge stated there were commitments regarding the interconnect and airport noise litigation, but nothing had been put in writing. Mayor Daves stressed that city would honor whatever commitment it had made.

County Administrator Weisman commented that:

  • •There was an interlocal agreement with the city, a separate CityPlace agreement which provided for hotel construction, and separate items providing for architectural design and for program management of design facets.
  • •During negotiations, issues arose resulting in the proposed changes to the convention center interlocal agreement with the city.
  • •The city approved the original agreement without addressing the issues that arose during negotiations, which were: (1) Change from a special warranty deed to general warranty deed because of the property issue in litigation. (2) Requested specific city indemnification regarding the litigation to protect the County. (3) The County wanted to expand representations in warranties to ensure the County would be protected if anything undisclosed should materialize. (4) The County's ability to pursue damages if the city represented something inaccurate. (5) Increase the value of the title insurance to reflect the appropriate value of the property. (6) Since the city was prepared to indemnify the County for other aspects of the property, it should indemnify the County in the event of the discovery of some underground environmental hazard in the process of the County's realignment of Florida Avenue. (7) The strip of land known as Tract 7 was critical for access to the County's parking garage and should be owned by the County and not the city. (8) If the city did not build the townhomes before the convention center was complete, the city or CityPlace should be obligated to put in landscaping so that the convention center would not be exposed to the neighborhoods behind it.
  • •The hotel covenant had been a great concern in reference to the CityPlace agreement.
  • •Two years would be allowed for CityPlace to commit to the construction of a hotel. If they did not commit within the two years, the County desired the right to build the hotel. They would be allowed an additional two years to construct the hotel should they decide to do it.
  • •There was a risk that once some entity started to build the hotel they might not finish it. The County sought to guarantee its completion through a third-party guarantee, such as a surety bond.
  • •Should the interlocal agreement with the city and the CityPlace agreement be approved by all parties involved, there were still outstanding matters that could prevent the convention center from going forward.
  • •The city was trying to get a drainage plan approved. Until those permits were received from all entities involved, there was no guarantee the project could move forward.
  • •It also was possible something could happen during the development process to cancel the project.
  • •Staff recommended moving forward with the design, program management, and approval of the revised agreements.

Mr. Selfridge added that the issues noted by Mr. Weisman were always identified to city staff as being problem areas. County staff was told there would be no further negotiations because the city would go no further on those issues. County staff had indicated they would be included in the agreement but would have to alert the Board to the potential risk and exposures as a result of that. Although negotiations ended with a completed document, there were outstanding issues that were never agreed to by each side. While the city passed the document, it was without addressing some of the issues raised today. Staff discussed the surety bond issue with CityPlace and was told by its representatives that a corporate guarantee was what they would offer, but was unable to give an independent third-party surety. During the discussion that ensued, it was brought out that:

  • •The issues noted by staff were appropriate, and the longer the project was delayed, the more costs would increase.
  • •Without surety for the completion of the hotel, the County would lose the right to the land and be left without a hotel on which the operation costs for the convention center were dependent.
  • •The site plan had been reduced from 25 acres to 19.8 acres because of buffer area for townhomes, allowance for the hotel, Florida Avenue, and other projects.
  • •Staff recommended approval of the amended site plan.
  • •Phase I consisted of a 100,000-square-foot exhibition hall. The design allowed for future construction of an additional 138,000 square feet.
  • •Phase II was marginally acceptable because the parking garage access would be tight.
  • •There were significant issues associated with ingress and egress and the aesthetics associated with approaching the property.
  • •There was no design flexibility because everything would be located at the property line.
  • •The city would follow CityPlace's recommendation for the landscape tract.
  • •The lease agreement between CityPlace and the city required CityPlace to be finished six months after completion of the convention center.
  • •CityPlace requested that if they were in the process of constructing the townhomes in that area, they not be forced to construct landscaping before they were ready.
  • •Without knowing what the convention center bookings would be, CityPlace would have to absorb operating costs for the hotel when constructed.
  • •CityPlace wanted additional time before it was forced to commence construction because it did not want to give up ownership or construction of the hotel by default.
  • •CityPlace had agreed to move the hotel to the south side of the site.
  • •CityPlace proposed, as a means to accelerate construction of the hotel, that the County share in the operating losses for the hotel.
  • •One of the conditions for development of the convention center was construction of a hotel, and the County would not move forward with the convention center without it.
  • •The County would not share in CityPlace's operating losses.
  • •CityPlace requested three years for commencement of construction of a hotel and the County proposed two.
  • •Two years for commencement of construction would allow one year without a hotel after construction of the convention center.
  • •The Board requested some form of surety or the provision that should CityPlace default on construction of a hotel, the land would revert to the County for that purpose.
  • •CityPlace was of the understanding the agreement would consist of three years to start construction and three years to complete it.
  • •Three years to complete construction was a requirement of the construction lender.
  • •CityPlace could not agree to things it was unable to finance. It would, however, agree to the requirements of the construction lender.
  • •The County earlier had considered three years for commencement of construction and three years for completion of the hotel, but later determined that two years was more feasible.
  • •The County had to secure bookings for the convention center three to five years in advance.
  • •Staff verified CityPlace's claim that no lender would agreed to a condition that should CityPlace not complete the hotel, the land would revert to the County.
  • •The County earlier considered going out for a request for proposal for construction of the hotel.
  • •CityPlace agreed to a completion guarantee and a contractor's bond with equity included, but the Board requested a third-party surety.
  • •If CityPlace defaulted and the bank took over, it could be many years before a hotel was built, resulting in loss of operating costs for the convention center at the County's expense
  • •CityPlace was asked to meet with County staff to address the Board's concerns.
  • •CityPlace had discussions with two hotel operators in anticipation of opening in conjunction with the convention center's opening.
  • •The appraised value of the property always had been $5 million. The Property Appraiser's office had it valued at $11 million.
  • •The city should continue to honor its commitment made during the competitive process and to handle any environmental issues, which included assuming the costs associated with any unknown problems that might arise during the County's realignment of Florida Avenue.

MOTION to approve staff's recommendations as discussed regarding revisions to the interlocal agreement with the City of West Palm Beach, to submit the revisions to the city, and to direct staff to return to the Board with recommendations regarding the issues discussed concerning CityPlace. Motion by Commissioner Masilotti, seconded by Commissioner Roberts, and carried 7-0.

STAFF WAS DIRECTED TO:

  • •Work with CityPlace regarding the landscape buffer for the townhomes.
  • •Advise the city of the Board's position regarding the Palm Beach International Airport/Interstate 95 interconnect litigation.
  • •Investigate the three-year requirement by a construction lender to ensure the County did not hinder CityPlace's financing efforts.

(CLERK'S NOTE: Items 6.D.5. and 6.D.6. were considered together.)

TIME CERTAIN - 2:15 P.M.

6.D.5.

a.

AMENDMENT 5 TO THE CONTRACT WITH STH ARCHITECTURAL GROUP, INC., AND THOMPSON, VENTULETT, STAINBACK & ASSOCIATES, INC. (AMENDS R-97-1071-D) FOR $1.7 MILLION FOR CONTINUING DESIGN SERVICES FOR THE CONVENTION CENTER PROGRAM. POSTPONED INDEFINITELY 6-8-99

b. BUDGET TRANSFER 99-871

BUDGET TRANSFER IN THE TOURIST DEVELOPMENT COUNCIL 4TH CENT FUND FOR $2,405,293 FROM RESERVES TO FUND THE AMENDED CONTRACT WITH STH ARCHITECTURAL GROUP, INC., AND THOMPSON, VENTULETT, STAINBACK & ASSOCIATES, INC., FOR CONTINUING DESIGN SERVICES FOR THE CONVENTION CENTER PROGRAM. POSTPONED INDEFINITELY 6-8-99

TIME CERTAIN - 2:15 P.M.

6.D.6.

AMENDMENT 1 TO THE CONTRACT WITH O'BRIEN KREITZBERG, INC. (R-98-194-D) FOR $705,293 FOR PROGRAM MANAGEMENT SERVICES THROUGH THE COMPLETION OF THE DESIGN PHASE IN CONJUNCTION WITH THE CONVENTION CENTER PROJECT. POSTPONED INDEFINITELY 6-8-99

MOTION to POSTPONE Items 6.D.5. and 6.D.6. indefinitely. Motion by Commissioner McCarty seconded by Commissioner Newell, and carried 7-0.

6.L. PLANNING, ZONING AND BUILDING

6.L.1.

DIRECTION REGARDING IMPLEMENTATION OF A CODE ENFORCEMENT SPECIAL MASTER SYSTEM IN LIEU OF THE CURRENT CODE ENFORCEMENT BOARD. APPROVED IMPLEMENTATION OF SYSTEM 6-8-99

Staff reported that:

  • •The Board directed staff on February 23, 1999, to address the feasibility of having code violations presented to a code enforcement special master in lieu of the Code Enforcement Board (CEB).
  • •The County has had a CEB since 1977.
  • •State Statute 162 and the current Unified Land Development Code (ULDC) allowed for the use of a CEB, special master, or both.
  • •The County had been using the CEB for initial violations and a special master for requests for modification of fines.
  • •Palm Beach County was one of the few counties in Florida to combine the board and special master processes.
  • •Florida Statute 162 required the County to provide legal representation for the CEB. The County Attorney's Office had served in that capacity.
  • •Sometimes at a CEB hearing the respondent was represented by counsel and that placed staff at a disadvantage.
  • •If the County wanted to appeal an order of the CEB because of representation problems, the County would have to hire outside counsel to represent staff and the County Attorney's office would represent the CEB.
  • •The change to a special master system would improve the County's legal representation at hearings and in the case of appeals.
  • •Staff recommended that practicing attorneys be appointed as special masters. The special masters would not require representation by the County Attorney's Office who would be free to represent staff at proceedings.
  • •The hearings would be more time-efficient with a special master system because of a reduction in the number of people required to make a decision.
  • •A special master system would reduce the amount of staff time spent in scheduling hearings and processing agenda items.
  • •Benefits of a special master system included: (1) It would improve legal representation of staff at hearings. (2) It would alleviate the problem of identifying appointees to the CEB. (3) It would assist with the Board of County Commissioners' goal to reduce the number of County boards.
  • •Should the Board choose to adopt the code enforcement special master system, staff recommended: (1) Special masters be appointed by the County Administrator. (2) Special master qualifications should consist of being a graduate from a law school accredited by the American Bar Association, demonstrate knowledge of administrative land use in government law, and had practiced law for no less than five years. In the review process of the applications, preference would be given to current Florida Bar Association members. (3) Rules for hearings before the code enforcement special master be adopted by a resolution of the Board of County Commissioners.
  • •Implementation of a special master system would require an amendment to the ULDC.
  • •The goal was to get volunteer attorneys to dedicate their time.
  • •There was an interest by attorneys to become special masters.
  • •The appeal process for special master decisions was through circuit court.

Commissioner Newell said the special master system was a good idea, but he was concerned with the residents' right to appear before their peers. He suggested: (1) Having residential issues handled by the Code Enforcement Board and commercial issues handled by a special master. (2) Residential cases with fines over a certain amount be heard by a special master. (3) After two years, review the two processes to see which was most successful and utilize that one. Chief Deputy County Attorney Selfridge responded that under those circumstances the County Attorney's office would not be able to advise the CEB and be a prosecutor before a special master. Commissioner McCarty noted this would be a good opportunity toward the goal of the Board of County Commissioners to reduce the number of County advisory boards.

MOTION to direct staff to implement a code enforcement special master system. Motion by Commissioner Marcus and seconded by Commissioner McCarty.

Mr. Selfridge informed the Board that staff would bring back in late summer or early fall, the necessary amendments to the ULDC to implement the special master system as well as increase the code enforcement fines per the new statutory changes.

UPON CALL FOR A VOTE, the motion carried 6-1. Commissioner Newell opposed.

Commissioner Newell asked for a review of the special master system six months after its adoption.

ITEM PULLED FROM THE CONSENT AGENDA

3.C.11. DOCUMENT R-99-1078-D

JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION CONCERNING THE PRELIMINARY DESIGN ENVIRONMENTAL STUDY FOR STATE ROAD 7 (U.S. 441) FROM OKEECHOBEE BOULEVARD TO BEE LINE HIGHWAY, WHICH INCLUDES PERSIMMON BOULEVARD FROM THE EAST END CONNECTION TO OKEECHOBEE BOULEVARD. APPROVED 6-8-99

Commissioner Roberts said she pulled the item in order to vote against it, which was being consistent with her actions for many years.

PUBLIC COMMENT:

Rosa Durando, representing the Audubon Society of the Everglades, said the area was extremely wet land. The costs of building the proposed roads would be astronomical because they would have to be elevated or have an enormous amount of mitigation with costs of $70,000 per acre. She asked what happened to the other suggestions that were submitted during the discussions for the project. One suggestion was to do nothing, and another was to have more roads through the Acreage. The most efficient way to move traffic through the Acreage would be to have more improved crossings to Northlake Boulevard, she said.

County Engineer Webb said this agreement would help the County to move forward with its road project and provide the County with alternatives other than what was proposed by Florida Department of Transportation (FDOT). The focus was on the proposed western alignment near the Acreage. If the County committed to that alignment, FDOT had considered giving up its existing right-of-way so the permitting agencies would be aware there would be only one road in the area instead of a County road and state road. The Environmental Resources Management Department supported the western alignment. Commissioner Masilotti said the matter was a real dilemma because of efforts to alleviate traffic in the Acreage without promoting more growth as well as being sensitive to the environment. The original section FDOT had purchased ran north and south from the terminus of State Road 7 at Okeechobee Boulevard north and was very high quality wetland.

Mr. Webb said if the state were to build a road in that area, it would dissect the water catchment area in the Fox Preserve. If that road were built as six lanes as originally intended up to Northlake Boulevard, the state might continue all the way to Bee Line Highway. That would not be in the best interest of the western County residents due to increased traffic. The western alignment would be out of the main area of the Fox Preserve and water catchment area.

MOTION to approve the agreement. Motion by Commissioner Masilotti and seconded by Commissioner McCarty.

Commissioner Marcus said that she had supported Commissioner Roberts in the past by not wanting a State Road 7 extension to Northlake Boulevard. The Board would have to decide whether the proposed alignment would be a state or County road. If determined it would be a County road, it would have to be placed on the Thoroughfare Right-of-Way Identification Map to get County funds to build it. County Engineer Webb advised there was greater opportunity to accomplish the alignment as a county road rather than a state road.

UPON CALL FOR A VOTE, the motion carried 5-2. Commissioners Lee and Roberts opposed.


7. BOARD APPOINTMENTS

7.A. ADMINISTRATION

7.A.1. DELETED

7.A.2.

REAPPOINTMENT OF JEANIE L. MCGUIRE TO THE FLORIDA ATLANTIC RESEARCH AND DEVELOPMENT AUTHORITY FOR A TERM ENDING JUNE 8, 2003. APPROVED 6-8-99

MOTION to approve the reappointment. Motion by Commissioner Marcus, seconded by Commissioner Masilotti, and carried 7-0.

7.A.3.

APPOINTMENTS OF PAUL BROWN AS A MANDATED NOMINEE AND TWO PRIVATE SECTOR REPRESENTATIVES FROM THE LIST OF TOBY CHABON-BERGER, THADDEUS L. COHEN, FRANK T. COMPIANI, LYDIA R. PATTERSON, AND BRENDA STAR TO THE WORKFORCE DEVELOPMENT BOARD, INC./WAGES COALITION FOR TERM ENDING JANUARY 31, 2003. APPROVED PAUL BROWN, LYDIA R. PATTERSON, AND BRENDA STAR 6-8-99

MOTION to approve the appointments of Paul Brown, Lydia R. Patterson, and Brenda Star. Motion by Commissioner McCarty, seconded by Commissioner Roberts, and carried 7-0.

7.B. HOUSING AND COMMUNITY DEVELOPMENT

7.B.1. RESOLUTION R-99-1079

RESOLUTION AUTHORIZING THE APPOINTMENT OF THREE MEMBERS FROM THE LISTS CONSISTING OF JOE BOVA; BENJAMIN GREEN OR C. L. (LIN) SPEARS III; LENORA BUCHANON-HURLEY, VINCE LARKINS, OR RANDEE SCHATZ; AND PETER APPLEFIELD, CHARLES BENDER, OR ROBERT SATTER AND THE REAPPOINTMENT OF BARRY SINGER TO THE COMMISSION ON AFFORDABLE HOUSING ADVISORY BOARD. ADOPTED APPOINTING PETER APPLEFIELD, VINCE LARKINS, AND C. L. SPEARS, AND REAPPOINTING BARRY SINGER 6-8-99

MOTION to adopt the resolution authorizing the appointments of Peter Applefield, Vince Larkins, and C. L. Spears, and reappointment of Barry Singer. Motion by Commissioner Marcus, seconded by Commissioner McCarty, and carried 7-0.

7.C. BOARD APPOINTMENTS

7.C.1. PUBLIC AFFAIRS

APPOINTMENT OF 13 MEMBERS TO THE COMPLETE COUNT 2000 COMMITTEE FROM THE LIST OF MANUEL FARACH, DANIELA HENRY, SYLVIA WOLF HERMAN, MINNIE J. JENKINS, MORT LEVIN, AUTRIE MOORE-WILLIAMS, VIVIAN PALMER, RICHARD RADCLIFFE, CAROL A. ROBERTS, AND THYRA STARR. APPROVED DANIELA HENRY, SYLVIA WOLF HERMAN, MORT LEVIN, AUTRIE MOORE-WILLIAMS, VIVIAN PALMER, RICHARD RADCLIFFE, CAROL A. ROBERTS, AND THYRA STARR 6-8-99

MOTION to approve the appointments of Daniela Henry, Sylvia Wolf Herman, Mort Levin, Autrie Moore-Williams, Vivian Palmer, Richard Radcliffe, Carol A. Roberts, and Thyra Starr. Motion by Commissioner McCarty and seconded by Commissioner Masilotti.

Commissioner Newell requested the appointment of Irving Schildkraut.

AMENDED MOTION to include the appointment of Irving Schildkraut. The maker and seconder agreed. Upon call for a vote, the motion carried 7-0.

7.D. ENVIRONMENTAL RESOURCES MANAGEMENT

7.D.1.

REAPPOINTMENTS OF LOUIS DEVILLON, LLOYD HASNER, AND RICHARD MOYROUD TO THE ENVIRONMENTAL ORDINANCE APPEALS BOARD. APPROVED 6-8-99

MOTION to approve the appointments. Motion by Commissioner Marcus and seconded by Commissioner Masilotti.

Commissioner McCarty noted a newspaper article questioning Lloyd Hasner's business dealings as a member of the Housing Finance Authority Board. She recommended the Board delay his reappointment until the issue was resolved.

SUBSTITUTE MOTION to approve the appointments of Louis Devillon and Richard Moyroud and delay the reappointment of Lloyd Hasner until the issue regarding his business practices as a member of the Housing Finance Authority Board had been resolved. Motion by Commissioner McCarty and seconded by Commissioner Newell.

Commissioner Marcus said for many years Mr. Hasner had served on numerous boards and had a great reputation. She questioned the accuracy of news articles as to the issues involving Mr. Hasner. The Board might want to address the matter of advisory board members having to regularly recuse themselves on various issues, she said. Commissioner Roberts commented a news article stated there might be a conflict because of allegations that Mr. Hasner was not a development community representative, but was a real estate broker. It was brought out that board appointment forms had a space where the departments were to list the number of conflicts that each member reported. The problem, however, occurred when a member did not declare a conflict. Disclosure requirements varied per board as a result of state statute. The Board should consider having advisory board applicants file more detailed disclosure information.

UPON CALL FOR A VOTE, the motion carried 7-0.

7.E. DELETED

7.F. COMMISSION DISTRICT APPOINTMENTS

7.F.1.

APPOINTMENT OF CAROL FRANCIS TO THE LAND USE ADVISORY BOARD. APPROVED 6-8-99

MOTION to approve the appointment. Motion by Commissioner Masilotti, seconded by Commissioner McCarty, and carried 7-0.

7.F.2.

APPOINTMENT OF DIANA ECCLESTONE TO THE TOURIST DEVELOPMENT COUNCIL. APPROVED 6-8-99

MOTION to approve the appointment. Motion by Commissioner Masilotti, seconded by Commissioner Roberts, and carried 7-0.

7.F.3.

REAPPOINTMENT OF JENNIFER URBAN TO THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL. APPROVED 6-8-99

MOTION to approve the reappointment. Motion by Commissioner Newell, seconded by Commissioner Masilotti, and carried 7-0.

7.F.4.

APPOINTMENT OF ELIVIO SERRANO TO THE FAIR HOUSING/EQUAL EMPLOYMENT ADVISORY BOARD. APPROVED 6-8-99

MOTION to approve the appointment. Motion by Commissioner McCarty, seconded by Commissioner Roberts, and carried 7-0.

7.F.5.

REAPPOINTMENT OF MURRAY KALISH TO THE LAND USE ADVISORY BOARD. APPROVED 6-8-99

MOTION to approve the reappointment. Motion by Commissioner Aaronson, seconded by Commissioner Masilotti, and carried 7-0.

7.F.6.

REAPPOINTMENTS OF RICHARD ELLINGTON AND JOHN L. REMSEN TO THE SPORTS COMMISSION. APPROVED 6-8-99

MOTION to approve the reappointments. Motion by Commissioner Marcus, seconded by Commissioner Roberts, and carried 7-0.

RECESS

At 4:45 p.m., the Chair declared a recess.

8. BOARD SITTING AS THE CHILD CARE FACILITIES BOARD - See separate meeting of this date, Item 8.A.1.

RECONVENE

At 4:46 p.m., the Board reconvened with Commissioners Aaronson, Lee, McCarty, Marcus, Masilotti, Newell, and Roberts present.

9. MATTERS BY THE PUBLIC - 2:00 P.M. - See Pages 41-42.

10. STAFF COMMENTS

10.A. ADMINISTRATION COMMENTS - None

10.B. COUNTY ATTORNEY

10.B.1.

COUNTY TO INTERVENE IN THE PALM BEACH INTERNATIONAL AIRPORT/INTERSTATE 95 INTERCONNECT PROJECT LITIGATION. APPROVED 6-8-99

County Attorney Dytrych commented that Florida Department of Transportation had asked the County to intervene in the Palm Beach International Airport/Interstate 95 interconnect project litigation because the Vedado Neighborhood Homeowners Association and individual homeowners were opposing it. She requested approval to intervene in the case and to hire outside counsel specialized in administrative proceedings. The Department of Airports would pay for the costs. The Board informally agreed to the County Attorney's request.

No backup submitted.

10.B.2.

INTRODUCTION OF SUMMER INTERNS. DISCUSSED 6-8-99

County Attorney Dytrych introduced two volunteer interns from the University of Florida who were participating in the summer school program at the County Attorney's office. Her office had been actively recruiting law students and had obtained three through its outreach program.

No backup submitted.


11. COMMISSIONER COMMENTS

11.A.1. COMMISSIONER KAREN T. MARCUS

FLORIDA ASSOCIATION OF COUNTIES URBAN CAUCUS COMMITTEE. DISCUSSED 6-8-99

Commissioner Marcus asked that Commissioner Newell or Commissioner Masilotti replace her as the County's representative on the Florida Association of Counties (FAC) Urban Caucus Committee because of her involvement with other FAC boards and committees. It also would be helpful for the County to have more of its board members visible, she said.

MOTION to appoint Commissioner Newell to replace Commissioner Marcus as the County's representative, with Commissioner Masilotti as the alternate. Motion by Commissioner Marcus and seconded by Commissioner Masilotti.

Commissioner Marcus informed the Board that the Urban Caucus was trying to get the mayors of the cities of Jacksonville and Orlando and the representatives of Broward, Dade, and Palm Beach counties to become a forceful group in Tallahassee.

No backup submitted.

UPON CALL FOR A VOTE, the motion carried 7-0.

11.B. COMMISSIONER CAROL A. ROBERTS

11.B.1.

REQUEST FOR AID FOR ANIMALS IN BELGRADE ZOO. DISCUSSED 6-8-99

Commissioner Roberts reported that animals at the zoo in Belgrade were in dire need of food and medical care. She asked if Dreher Park Zoo and the County could render some assistance and that Commissioner McCarty present the matter to the board of directors for Dreher Park Zoo.

No backup submitted.

11.B.2.

REQUEST FOR PROPOSALS FOR BUS SHELTERS. DISCUSSED 6-8-99

Commissioner Roberts said there were discussions during a Metropolitan Planning Organization (MPO) meeting about the County not going out to bid for bus shelters for 18 months. During previous Board discussion, Commissioners made it clear they wanted input as to specifications for the project. Two days after the MPO meeting, there was an advertisment in the newspaper requesting bids for bus shelters, which included specifications. The advertisement had to have been placed at least two days prior to the MPO meeting. No one, however, notified Commissioners during the MPO meeting that the project had gone out for bid. Assistant County Administrator Bonvento responded that:

  • •During a Board workshop, staff indicated they were moving forward using the Congestion Mitigation and Air Quality Improvement Program (CMAQ) monies to construct the shelters.
  • •There was $1 million available.
  • •The misunderstanding was in the referencing of a bid.
  • •There was currently a revenue-advertising contract with a marketing company that had an exclusive right for bus shelter advertising until November 30, 2000.
  • •Under the contract, the County would build the shelters using federal monies, and the shelters would be turned over to the existing advertising company to market them.
  • •The County would receive 40 percent of the revenue from the advertising.
  • •The marketing company would be responsible for maintaining the bids.
  • •The issue brought up by the MPO was whether the County had the legal option of rebidding the entire existing contract prior to the November 30, 2000, expiration. It was determined by staff the County did not.
  • •Because of the pressure to get the shelters built as fast as possible, the Facilities Development and Operations Department was asked to fast-track the process.
  • •The departments were not communicating well with each other, and as a result, the Facilities Development and Operations Department advertised for bids without Administration being aware of it.
  • •As soon as Administration became aware of it, the Facilities Development and Operations Department was asked to resend the bid of the shelters.
  • •Staff was moving forward with the site analysis to identify site locations, determine which sites required the right-of-way, and which sites had electricity.
  • •The Intermodal Surface Transportation Efficiency Act (ISTEA) legislation recently had been changed to allow the use of CMAQ money for bus replacements.
  • •Staff would present recommendations to the Board next month to reallocate CMAQ money to purchase additional replacement buses.
  • •Staff would move forward with an RFP for bus shelters, predicated on the fact the Federal Transit Administration (FTA) would grant the County a 10-year contract instead of the historical five-year contract.
  • •The vendor to whom the bid was granted would have to provide funding and build the shelters, which would be turned over to the existing marketing company.
  • •The existing marketing company would lease the shelters to generate advertising revenue and maintain them through November 30, 2000.
  • •Staff had met with the president of the existing marketing company and was told that if the County attempted to rebid under the existing terms of the current contract, the company would sue the County for breach of contract.
  • •It would cost approximately $250,000 to buy out the existing marketing company.
  • •The County received approximately $150,000 in revenue under the existing contract.

Commissioner Roberts recommended staff report back to the Board with a proposal.

No backup submitted.

11.B.3.

HEALTH INSURANCE REQUEST FOR PROPOSAL (RFP). DISCUSSED WITH DIRECTION 6-8-99

Commissioner Roberts commented that staff had gone forward with an RFP for health insurance and she had great concern with how the process was done. The Board had not seen the RFP, and correct emphasis was not given to the Board's concerns with a contract valued between $9 million and $12 million. A selection committee had made a choice. There were adequate budget concerns because health insurance costs County residents through taxes or a raise in the employees' premiums. She had asked the County Attorney to ensure the County would not be put into a position where it could not turn down a contract without the threat of being sued. During review of the tapes of the selection process, one of the chosen providers had to negotiate because it did not have a complete provider network in Martin County. Other companies, however, were not chosen because they did not have a complete provider network. She asked if there were some kind of a bias. County Attorney Dytrych said she had reviewed the RFP and there was a very clear and definite selection process. Since it was an RFP and not a straight bid, the Board would have the opportunity to review whatever staff was doing. If staff came back with fewer than six proposals, the Board could require all six vendors to come back and make a proposal. She encouraged the Board to do it as soon as possible to avoid getting into the open enrollment period with time constraints and possible loss of negotiating power.

Commissioner Aaronson suggested a three-year contract. He said he was not opposed to multiple carriers. Commissioner Masilotti stressed the $3 million difference between vendors was significant and required consideration. He suggested a three-year contract with a two-year option. County Administrator Weisman reported that written responses would be submitted to the Board. He had received requests from Commissioners Lee and Masilotti for comments on the matter, and the response would be submitted no later than tomorrow. The committee had met in accordance with the information that had been given by the vendors. In the course of the process, they short-listed to three firms for the purpose of negotiations. The three firms that were partially excluded were deemed not to have a complete program of doctors or sufficient geographical coverage to justify being a primary provider. They were available as a secondary provider. Typically the recommendation would be to have staff continue with the process and bring all information to the Board with a recommendation or for the Board's review of the information to choose someone else.

STAFF WAS DIRECTED TO:

  • •Ensure that all Board members receive a copy of any information requested by a Commissioner.
  • •Mr. Weisman to meet with each Commissioner individually, and if necessary, place an item on a future agenda.

No backup submitted.

(CLERK'S NOTE: Commissioners McCarty and Newell left the meeting.)

11.C. COMMISSIONER BURT AARONSON

11.C.1.

REDUCTION IN SPEED LIMIT ON YAMATO ROAD. STAFF DIRECTION GIVEN 6-8-99

Commissioner Aaronson said six people were killed at the entrance of the Whisper Walk development on Yamato Road. He would be speaking to the Sheriff about deputies to deter speeders. Consideration should be given to the installation of flashing signals with signs noting that when the signal was flashing, the driver would be unable to go through the traffic signal ahead before it changed to red. The flashers should be installed on all roadways with high incidences of accidents. He also would pursue the installation of surveillance cameras. The portion of Yamato Road that entered into the unincorporated area was reduced from three lanes to two, with an increase in the speed limit from 45 miles per hour to 55 miles per hour. He requested Board approval to have the portion of Yamato Road coming out of the City of Boca Raton with a speed limit of 55 miles per hour, reduced to 45 miles per hour until it reached U.S. 441. Staff could monitor to see whether the speed reduction reduced the occurrence of accidents. County Administrator Weisman responded that County Engineer Webb had just contacted him and recommended the Board not approve the speed reduction because of County procedures adopted in accordance to state statutes. Mr. Webb asked for the opportunity to study the matter and do the necessary surveys according to procedure and to report back to the Board with recommendations. If the Board approved the reduction, others would be making similar requests. Mr. Aaronson interjected that the area of his request had numerous accidents to occur there.

Commissioner Marcus noted a reduction in the speed limit in two areas in the northern County did not stop people from speeding. She suggested staff do a speed study, look into other means to prohibit unlawful speeding, and then make recommendations. County Engineer Webb commented that staff would make recommendations to the Board regarding standards based on state statutes as to how speed studies were to be constructed. Commissioners' offices call or refer constituents to the Engineering department on a regular basis regarding requests for reduction in speed limits or unlawful speeding deterrents.

Mr. Webb had informed Commissioner Aaronson and the members of the Whisper Walk community that the Engineering department made recommendations to the Board, who ultimately had the authority. Staff would bring back current and past traffic information for the area, give opinions as to what would happen if the speed were lowered, and make recommendations for other options. County Attorney Dytrych stressed the Board should follow the current policies to ensure adherence to state statutes before rendering a decision.

STAFF WAS DIRECTED TO:

  • •Report back in two weeks with traffic information for the area and recommendations regarding a reduction in the speed limit and other possible remedies.
  • •Consider increasing the delay time for traffic signals so that the simultaneous red lights were on longer.
  • •Include information on cases that had been thrown out of court because a speed study had not been done in the area in which a speeding ticket had been issued by law enforcement personnel.

No backup submitted.

11.D. COMMISSIONER TONY MASILOTTI

11.D.1.

ADD POSITION FOR A UNION REPRESENTATIVE TO THE EMERGENCY MEDICAL SERVICES COUNCIL. DISCUSSED 6-8-99

Commissioner Masilotti said that for three months he had tried to make an appointment to the Emergency Medical Services Council. Armand Nault worked for the County as a paramedic. He was deemed a provider and was not eligible as a member. Commissioner Masilotti recommended a position be added for a union representative to the council. County Administrator Weisman said that staff would submit a resolution to add a position for a union representative.

No backup submitted.

11.D.2.

COMMISSIONER MASILOTTI'S SIX-MONTH ANNIVERSARY ON THE BOARD. DISCUSSED 6-8-99

Commissioner Masilotti informed the Board that today marked his six months as a member of the Board of County Commissioners. He said that it had been an honor working with the other Commissioners.

No backup submitted.

11.E. COMMISSIONER MAUDE FORD LEE

11.E.1.

PROCLAMATION HONORING ARTHUR L. FLEMING. APPROVED 6-8-99

Commissioner Lee reported Arthur L. Fleming was resigning as a County employee. He had done great things for the County in the area of affordable housing, and there was going to be a reception in his honor. She requested approval for a proclamation in his honor.

MOTION to approve a proclamation honoring Arthur L. Fleming. Motion by Commissioner Masilotti, seconded by Commissioner Marcus, and carried 5-0. Commissioners McCarty and Newell absent.

No backup submitted.

11.E.2.

LEGISLATIVE DELEGATION WORKSHOP DATE. DISCUSSED 6-8-99

Commissioner Lee informed the Board that she would not be available July 13, 1999, for a workshop with the Legislative Delegation because of an earlier commitment to be in Washington, D.C. After a brief discussion, it was informally agreed to schedule the workshop on July 12.

No backup submitted.

11.E.3.

HOUSING AND URBAN DEVELOPMENT'S EVALUATION OF THE COUNTY. DISCUSSED 6-8-99

Commissioner Lee stated she and Assistant County Administrator William E. Wilkins had attended a Housing and Urban Development (HUD) meeting. Mr. Wilkins reported that HUD transferred its office from Jacksonville to Coral Gables. HUD did an annual consultation whereby it evaluated the effectiveness of the community development agency for each of the HUD recipients. They gave a favorable response of the County's operations, and staff would submit that information at a future workshop.

No backup submitted.

11.F. COMMISSIONER MARY MACARTY - None

11.G. COMMISSIONER TONY MASILOTTI - None

12. ADJOURNMENT

The Chair declared the meeting adjourned at 5:45 p.m.

ATTESTED: APPROVED:

Clerk Chair

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