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WORKSHOP MEETING: BOARD OF COUNTY COMMISSIONERS 1. CALL TO ORDER: August 31, 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 Commissioner Carol A. Roberts County Administrator Robert Weisman Assistant County Attorney Robert P. Banks Deputy Clerk Carl Zettelmeyer 2. AGENDA APPROVAL 2.A. ADDITIONS, DELETIONS, SUBSTITUTIONS County Administrator Weisman noted the Agenda changes as follows: PAGE ITEM 1 3B3 ADD-ON: Staff requests a motion to adopt: a Resolution of the Board of County Commissioners, Palm Beach County, Florida, requesting the release of State of Florida funds for the retrofitting of public hurricane shelters to meet State of Florida hurricane shelter guidelines and to decrease the current shelter deficit in Palm Beach County. SUMMARY: A report issued by the State of Florida found 95% of the hurricane shelters in the State do not meet current hurricane shelter criteria. A similar report issued by the State found all of the hurricane shelters in Palm Beach County to be non-compliant to current shelter guidelines. Florida Statutes Chapter 252.385 requires the State of Florida to fund the costs of retrofitting shelters to increase the safety and capacity of hurricane shelters to assure the State does not have a deficit of shelters by 1998. The State has neither funded the cost of retrofit nor the cost of increasing capacity in any shelter in Palm Beach County. Countywide (DW) (Admin) 1 3C-1 REVISED SUMMARY: Palm Tran has developed
a Disadvantaged Business Enterprise Program pursuant to Federal requirements, which
requires approval by the Board of County Commissioners. The Board of County Commissioners
of Palm Beach County approved Palm Tran's original DBE Program on September 20, 1994,
reference Resolution R94-1222D. 2.B. ADOPTION MOTION to adopt the Agenda as amended. Motion by Commissioner Roberts, seconded by Commissioner Masilotti, and carried 6-0. Commissioner McCarty absent. 3. REGULAR AGENDA - See Pages 3-9. WORKSHOP ITEMS 4. 9:30 A.M. - TRANSFER OF DEVELOPMENT RIGHTS (TDR) PROGRAM ANNUAL REPORT, INCLUDING A SUMMARY OF THE TDR PROGRAM ADOPTED IN 1998, A REVIEW OF DETAIL APPLICATIONS REVIEWED BETWEEN SEPTEMBER 1998 AND JULY 1999, STAFF RECOMMENDATIONS, AND A REQUEST FOR DIRECTION FROM THE BOARD ON EFFORTS TO BE UNDERTAKEN IN THE UPCOMING FISCAL YEAR. DISCUSSED WITH DIRECTION 8-31-99 Staff reported that there were 8,800 development units owned by the County, each of which is valued at $9,833. One of the two applications reviewed in the previous year had resulted in the abandonment of TDR units as part of a settlement agreement with the owners of adjacent properties. The other application was being held up by litigation brought against the County by the applicant, staff said. The report included the following staff recommendations for Fiscal Year 99-00:
Commissioner Marcus asked whether staff would have time for this additional responsibility. Staff reported that it would not be able to give any attention to the issue before Amendment Round 2000-1 in mid-December 1999. Staff also said Board direction was necessary on the question of acquiring further TDRs and on higher rates of conversion since those presently in the bank had found few buyers. In response to Commissioner Aaronson's point that the County had more TDRs on its hands than it could sell, staff replied that they would attempt to interest the municipalities in using TDRs in the hope of broadening the market. Commissioner Roberts asked whether staff had looked at the practice in other areas of the country. Staff responded that it had found some governments with programs of a more administrative nature, which seem to have worked successfully. Commissioner Masilotti reminded staff of the importance of coordinating policy on TDRs with the plans of the School Board. Otherwise, he continued, any gains realized from the sale of TDRs might be wiped out by the financial burdens imposed on other agencies. He also asked whether staff had coordinated TDR policy with the Florida League of Cities. Staff responded that it sought Board direction on that issue. Staff also noted that the School Board was part of the review process. Commissioner Newell cautioned that the public was not fully aware that the County was purchasing lands with tax dollars and then selling those lands to produce revenue. Commissioner Aaronson also commented on the adverse effect of granting TDRs that resulted in a need for more roads and schools. Staff needed to develop recommendations that would be more beneficial to the County, he added. Commissioner Marcus suggested making the program more attractive to the private sector. She also recommended that the County not continue to place land from either the Environmentally Sensitive Lands or Agricultural Reserve acquisitions into the TDR bank. PUBLIC COMMENT: Terrell Arline, of 1000 Friends of Florida, spoke in support of the TDR program and labeled it a valuable planning tool. Geoff Sluggett urged the Board to provide the private sector with some incentives to utilize the program, especially owners of industrial lands who might wish to convert them to residential. (CLERK'S NOTE: Commissioner McCarty joined the meeting.) Commissioner Newell recommended that use of TDRs be made compatible with surrounding neighborhoods. Commissioner Masilotti asked when staff would return with recommendations on incentives for the private sector. Staff answered that they would return before December 1. Executive Director of Planning, Zoning and Building Dominic Sims added that staff would also return with revisions to the locational criteria. 3. REGULAR AGENDA 3.A. CLERK 3.A.1. WARRANT LIST DATED 8-30-99. APPROVED 8-31-99 COMPUTER CHECKS $ 6,025,179.05 WIRE TRANSFERS 25,201,972.61 MANUAL CHECKS 122,903.85 TRUSTEE DISBURSEMENTS 0.00 $31,350,055.51 MOTION to approve the Warrant List. Motion by Commissioner McCarty, seconded by Commissioner Masilotti, and carried 7-0. 3.A.2. CONTRACTS ON THE CONTRACT LIST EXECUTED BY THE EXECUTIVE DIRECTOR OF THE TOURIST DEVELOPMENT COUNCIL: a. DOCUMENT R-99-1615-D AMENDMENT 1 TO THE CATEGORY G GRANT AGREEMENT WITH THE PALM BEACH SPORTS INSTITUTE, INCREASING THE AMOUNT OF THE GRANT FROM $10,000 TO $15,000. (AMENDS R-99-716-D) APPROVED 8-31-99 MOTION to approve the agreement. Motion by Commissioner McCarty, seconded by Commissioner Masilotti, and carried 7-0. 3.B. ADMINISTRATION 3.B.1. SELECTION OF CIGNA HEALTH INSURANCE TO PROVIDE A FULLY INSURED TRIPLE OPTION (HMO, POS AND PPO) PLAN THROUGH CIGNA HEALTH CARE FOR THE PERIOD JANUARY 1, 2000, THROUGH DECEMBER 31, 2001, WITH AN OPTION TO RENEW FOR AN ADDITIONAL ONE YEAR PERIOD. A REQUEST FOR PROPOSALS FOR A FULLY INSURED TRIPLE OPTION HEALTH INSURANCE PLAN WAS RECENTLY ISSUED ON BEHALF OF THE EMPLOYEES OF THE BOARD, SOLID WASTE AUTHORITY AND ADMINISTRATIVE (NON-UNION) STAFF OF PALM TRAN, INC. THE SELECTION COMMITTEE UNANIMOUSLY AGREED TO RECOMMEND THAT CIGNA HEALTH CARE BECOME THE CARRIER FOR THE HMO, POS, AND PPO PLANS AND THAT NO OTHER COMPETING PLAN BE OFFERED. THE PROJECTED ANNUAL INCREASE TO THE BOARD AND EMPLOYEES (DEPENDING ON ENROLLMENT SELECTION) IS $1.108 MILLION OR 10.19 PERCENT. AFTER APPROVAL BY THE BOARD, STAFF WILL RETURN WITH THE NECESSARY CONTRACTS FOR APPROVAL. APPROVED 8-31-99 Representatives from Humana and CIGNA summarized their proposals for the Board. No United HealthCare of Florida representative was present. Some Board members took issue with Humana's practice of using a hospitalist to coordinate in-patient care. Commissioner Masilotti urged the inclusion of a drug formulary benefit. Commissioners Aaronson and McCarty both suggested that opting for the drug formulary benefit would result in higher costs and recommended against it. Assistant County Administrator Jean Creamer reviewed the County's history with a drug formulary benefit, which she labeled troublesome, and which she considered too costly in the proposals under consideration. Both Comissioners Lee and Masilotti questioned the objectivity and thoroughness of the staff in recommending CIGNA. Lee Rosenthal, general counsel for the Solid Waste Authority, said that agency had originally supported United HealthCare of Florida but, on learning that the provider could not give reasonable reimbursement for out-of-network services, decided to favor CIGNA. MOTION to approve the selection of CIGNA. Motion by Commissioner Aaronson and seconded by Commissioner Newell. Commissioner Marcus raised a question about mental health and drug abuse services under CIGNA's policy. Ms. Creamer said that CIGNA met the County's benefit structure on those coverages. UPON CALL FOR A VOTE, the motion carried 7-0. 3.B.2. REQUEST FOR BOARD DIRECTION REGARDING THE INTENTION OF THE INDIAN TRAIL IMPROVEMENT DISTRICT TO REMOVE COUNTY-OWNED LOTS FROM UNIT 11. DISCUSSED WITH DIRECTION 8-31-99 PUBLIC COMMENT: Several speakers addressed the Board on the item, including Alexander Coffield, Frances Coffield, Carol Francis, Frances Giddings, Christopher Karch, supervisor for Indian Trail Improvement District, Alfred J. Malefatto, attorney for Royal Palm Beach Colony, Archie Provo, and Barbara Susco. Their points follow:
Commissioner McCarty insisted that the property owners deserve a current appraisal that considers property outside the designated conservation area, and Commissioner Masilotti agreed with her. County Administrator Weisman pointed out that the County had already acquired a sizable number of parcels at the appraised price and that the Board had approved additional purchases. The South Florida Water Management District had determined that the lots are not buildable, he pointed out. RECESS At 12:20 p.m., the Chair declared a recess. RECONVENE At 2:02 p.m., the Board reconvened with Commissioners Lee, McCarty, Masilotti, Aaronson, and Marcus present. REGULAR AGENDA - CONTINUED 3.B.2. - CONTINUED Mr. Weisman explained that the County had acquired the parcels in Unit 11 on the assumption it would not be billed for maintenance assessments. He also said he does not recommend paying these assessments. Instead, Indian Trail should be allowed to remove the County-owned lots from Unit 11. (CLERK'S NOTE: Commissioners Roberts and Newell joined the meeting.) President of the Indian Trail Improvement District Board of Supervisors William Gotthelf introduced the attorney for the district, Charles Schoech. Mr. Schoech reviewed a decision by the Circuit Court, which ruled that landowners who benefit from improvements made by the district should pay assessments. The County is a landowner who benefits from these improvements and should, therefore, pay assessments on the property it owns in Unit 11, Mr. Schoech reasoned. He suggested removing County property from Unit 11 and placing it in a newly-created Unit 8, which would not affect the County's voting rights, but would relieve the County of the burden of paying assessments. Commissioner McCarty asked whether staff agreed with this view of the Circuit Court's order, and Assistant County Attorney Heidi Juhl said she had not been able to obtain a copy of the court order. Commissioner McCarty then asked Mr. Gotthelf if the district could waive taxes. It could, he said, but only by removing the County's property to Unit 8. In that case, Commissioner McCarty inquired, was Ms. Juhl in agreement with Mr. Weisman, that the County should not pay the assessments. Ms. Juhl answered that she was. As an alternative, Commissioner Masilotti suggested that the County pay a fee instead of the assessment to aid Indian Trail in this budgetary transition. Mr. Weisman said the district was more interested in the legality of the situation than the finances. Mr. Schoech added that special districts pay such fees routinely. Commissioner Marcus cautioned that the implications of whatever resolution the County achieved with Indian Trail would extend far beyond the boundaries of Unit 11. She cited the County's arrangement with the Pal-Mar Water Control District as an example. She noted that the South Florida Water Management District did not pay assessments on unimproved land. Commissioner Masilotti raised the issue of the unpaid taxes on the land in the powerline right-of-way. He suggested that transferring this property to the district would have a benefit in that it would permit less complicated roadway alignments than now are the case. John Bonde, Indian Trail district administrator, pointed out that this property would not revert to the County until 2001, while the Tax Collector required the district's tax rolls by Friday, September 3, 1999. In response to a question from Commissioner McCarty, Mr. Weisman made a distinction between the refusal of the South Florida Fairgrounds and Exposition to pay assessments to the Solid Waste Authority by indicating that the County believed its agreement with Indian Trail relieved it of the burden of paying taxes. Commissioner McCarty suggested that the County not exercise its voting rights since voting could result in the County dictating policy for the unit, possibly against the interests of individual landowners. Commissioner Roberts returned to the question of paying the assessments and was told by Ms. Juhl that receiving benefit was the key to the issue. The court had ruled that entities receiving benefits from taxing districts were obliged to pay assessments. Director of Environmental Resources Management Richard Walesky replied that the district's roads and reclamation efforts were not benefits in Unit 11, although security was. Commissioner Aaronson pointed out that exercising voting rights in either Unit 11 or Unit 8 would have implications for the County's arrangements with other taxing districts, such as the Lake Worth Drainage District. Commissioner Newell recommended against exercising voting rights and suggested instead that the County remove itself from Unit 11. MOTION to transfer the County property from Unit 11 to Unit 8 and to agree to pay for such services as the Indian Trail Improvement District provides. Motion by Commissioner Newell and seconded by Commissioner McCarty. Commissioner Roberts asked how the County would remove itself from Unit 11 when the parcels it owns are not all contiguous. Mr. Bonde answered that the Department of Environmental Resources Management had told him it would have all the properties in Unit 11 under contract by the end of 2000. Mr. Weisman added that it would be necessary to go to condemnation at some point in order to acquire the rest of the land. Mr. Gotthelf explained that Unit 8 was simply a mechanism to provide some way of dealing with County properties as a whole, should they be withdrawn from Unit 11. Mr. Bonde cautioned that withdrawing from Unit 11 would not relieve the County of its obligation to pay the $106,000 assessed by Indian Trail. Commissioner Marcus asked what the effect of removing the County's property from Unit 11 would be on the drainage plan. According to Mr. Weisman, Indian Trail was not planning to prepare a new drainage plan. Carol Francis pointed out that, with the County gone from Unit 11, the remaining landowners would be left to share the costs assessed by the district. She therefore suggested that the entire area be deactivated. She also said that the County's property acquisition in Unit 11 had seriously skewed property values to the disadvantage of the remaining property owners. Commissioner Newell called the question. UPON CALL FOR A VOTE, the motion carried 4-3. Commissioners Marcus, Masilotti, and Roberts voting no. Commissioner Roberts said she found the issue too confusing to feel confident in voting to support it; Commissioner Masilotti said he could not vote for the issue until he had a clearer idea of the proposed fee-for-service arrangement with Indian Trail; Commissioner Marcus offered no explanation for her vote. 3.B.3. RESOLUTION R-99-1616 RESOLUTION REQUESTING THE RELEASE OF STATE FUNDS FOR THE RETROFITTING OF PUBLIC HURRICANE SHELTERS TO MEET STATE GUIDELINES AND TO DECREASE THE SHELTER DEFICIT IN THE COUNTY. ADOPTED 8-31-99 MOTION to adopt the resolution by Commissioner McCarty, seconded by Commissioner Aaronson, and carried 7-0. 3.C. PALM TRAN 3.C.1. RESOLUTION R-99-1617 RESOLUTION APPROVING THE DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR PALM TRAN. ADOPTED 8-31-99 Assistant County Administrator Vince Bonvento noted that the public's comments on the proposed goal would be considered in staff's draft. Assistant County Attorney Donna Raney explained that the notice soliciting comments had to be posted for 30 days, followed by a period of 45 days for comments. MOTION to adopt the resolution. Motion by Commissioner McCarty, seconded by Commissioner Roberts, and carried 7-0. 3.D. FIRE-RESCUE 3.D.1. DIRECTION ON THE AUDIT PROCESS OF FIRE-RESCUE APPROVED BY THE BOARD ON MAY 25, 1999. DISCUSSED WITH DIRECTION 8-31-99 Commissioner Masilotti recommended widening the scope of the audit by including a survey. Commissioner Aaronson supported continuing the audit and negotiations simultaneously and was joined by Commissioner Marcus in this view. The working relationship between the union and Fire-Rescue management had become more amicable, he concluded, citing the resolution of 12 arbitrations as evidence of that. Commissioner McCarty expressed her intense displeasure at the union's criticisms of the Board. She proposed postponing the audit until completion of negotiations in order to prevent the union from using the process as a lever in negotiations. Commissioner Roberts also suggested postponing the audit, given that it had taken three months to draft a scope of work. While she expressed her disappointment with the union's tactics in the media, Commissioner Marcus agreed with Commissioner Aaronson. Michael Mayo, president of the union, said his membership was prepared to continue efforts on both fronts at once. MOTION to support negotiations concurrent with the performance audit. Motion by Commissioner Masilotti and seconded by Commissioner Marcus. Commissioner Roberts reminded the union that Fire-Rescue Administrator Herman W. Brice represents the Board, and that attacks on Chief Brice were, in effect, attacks on the Board. UPON CALL FOR A VOTE, the motion carried 5-2, Commissioners Roberts and McCarty opposed. (CLERK'S NOTE: Mr. Weisman noted that Agenda Item 6., Traffic Performance Standards - Public Facilities Exemption, would be postponed to a later date. The Chair then adjourned the regular meeting in order to convene separately in a joint meeting with the Health Care District. See the separate minutes of this date for that meeting.) 5. ADJOURNMENT The Chair declared the meeting adjourned at 3:40 p.m. ATTESTED: APPROVED: Clerk Chair |
