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WORKSHOP MEETING: BOARD OF COUNTY COMMISSIONERS 1. CALL TO ORDER: November 23, 1999, at 9:38 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 - Absent Commissioner Carol A. Roberts County Administrator Robert Weisman Assistant County Attorney Robert P. Banks Deputy Clerk Deborah Dieter 2. AGENDA APPROVAL 2.A. ADDITIONS, DELETIONS, SUBSTITUTIONS County Administrator Weisman noted the Agenda change as follows: PAGE ITEM 1 3C-2 ADD-ON: Staff recommends motion to authorize an offer of business damages and offers of judgment as to Parcels 20 and 20A, in the amount of $207,750 plus the Clerk's registry deposit fees of $200, for a total of $207,950, in the eminent domain proceeding entitled Palm Beach County v. John P. Scruggs,Trustee for the improvement of the intersectin of Belvedere road and Military Trail (Project No. 93112). SUMMARY: this action would authorize an offer of business damages and offers of judgment, in the amount of $207,750 plus the Clerk's registry deposit fees of $200, for a total of $207,950, as to Parcels 20 and 20A. Under the Florida Statutes, Palm Beach County can reduce the cost of acquisition of property for road projects by limiting property and business' attorney's and experts' fees and costs if it makes offers of business damages and offers of judgment. District 2 2.B. ADOPTION MOTION to adopt the Agenda as amended. Motion by Commissioner Roberts, seconded by Commissioner Aaronson, and carried 5-0. Commissioners McCarty and Masilotti absent. 3. REGULAR AGENDA 3.A. CLERK 3.A.1. WARRANT LIST DATED NOVEMBER 22, 1999. APPROVED 11-23-99 COMPUTER CHECKS $10,707,646.18 WIRE TRANSFERS 35,274,929.91 MANUAL CHECKS 2,790,157,97 TRUSTEE DISBURSEMENTS 0.00 $48,772,734.06 MOTION to approve the Warrant List. Motion by Commissioner Roberts, seconded by Commissioner Marcus, and carried 5-0. Commissioners McCarty and Masilotti absent. 3.A.2. CONTRACTS ON THE CONTRACT LIST EXECUTED BY THE DIRECTOR OF THE TOURIST DEVELOPMENT COUNCIL: a. DOCUMENT R-99-2247-D GRANT AGREEMENT WITH THE UNITED STATES FIELD HOCKEY ASSOCIATION, INC. (USFHA), FOR $25,000 FOR RENTALS, AWARDS, INSURANCE, SITE FEES, AND MARKETING OUTSIDE THE COUNTY AND PROMOTIONAL TIME FOR THE NATIONAL FIELD HOCKEY FESTIVAL TO BE HELD FROM MAY 1, 1999, THROUGH DECEMBER 10, 1999. APPROVED 11-23-99 MOTION to approve the agreement. Motion by Commissioner Roberts, seconded by Commissioner Aaronson, and carried 5-0. Commissioner McCarty and Masilotti absent. (CLERK'S NOTE: Commissioner McCarty joined the meeting.) 3.B. ENGINEERING AND PUBLIC WORKS 3.B.1. See Page 8. 3.B.2. See Pages 9-10. 3.C. COUNTY ATTORNEY 3.C.1. SETTLEMENT TOTALING $14,600 IN THE EMINENT DOMAIN ACTION OF THE COUNTY V. REED AND REED, INC., ET AL., CASE CL-98-4202-AG (PARCEL 43B) FOR THE IMPROVEMENT OF LAKE IDA ROAD FROM CONGRESS AVENUE TO SWINTON AVENUE. APPROVED 11-23-99 MOTION to approve the settlement. Motion by Commissioner Marcus, seconded by Commissioner
Aaronson, and
carried 6-0. Commissioner Masilotti absent. 3.C.2. OFFER OF BUSINESS DAMAGES AND OFFERS OF JUDGEMENT IN THE EMINENT DOMAIN ACTION OF THE COUNTY V. JOHN P. SCRUGGS, TRUSTEE, FOR $207,750 PLUS THE CLERK'S REGISTRY DEPOSIT FEES OF $200, FOR A TOTAL OF $207,950, FOR THE IMPROVEMENT OF LAND KNOWN AS PARCELS 20 AND 20A LOCATED AT THE INTERSECTION OF BELVEDERE ROAD AND MILITARY TRAIL. APPROVED 11-23-99 MOTION to approve the offers. Motion by Commissioner Marcus, seconded by Commissioner Aaronson, and carried 6-0. Commissioner Masilotti absent. 3.D. AIRPORTS 3.D.1. BUDGET TRANSFER 2000-179 BUDGET TRANSFER IN THE AIRPORTS NOISE ABATEMENT AND MITIGATION FUND OF $407,100 FROM AIRPORTS CAPITAL RESERVES TO THE HILLCREST LAND ACCOUNT TO PROVIDE FOR THE PURCHASE OF THREE PARCELS OF REAL PROPERTY LOCATED IN THE HILLCREST AREA ACQUIRED THROUGH EMINENT DOMAIN PROCEEDINGS. APPROVED 11-13-99 MOTION to approve the budget transfer. Motion by Commissioner Marcus, seconded by Commissioner Roberts, and carried 6-0. Commissioner Masilotti absent. WORKSHOP ITEMS 4. 9:30 A.M. - TRANSFER OF DEVELOPMENT RIGHTS (TDR) PROGRAM - ADDITIONAL ISSUES FROM THE AUGUST 31, 1999,WORKSHOP. DISCUSSED WITH DIRECTION 11-23-99 Planning Director Frank M. Duke introduced Planner and TDR Coordinator Aimee Craig. Ms. Craig highlighted the issues identified by the Board at the August 31, 1999, workshop and summarized staff's recommendations as follows:
Staff reported that an electronic parcel-based map linking Property Appraiser and Planning, Zoning and Building information was currently in the development process with a targeted year-end completion date. Along with the County, developers and the public could utilize the map to determine the maximum number of TDR units appropriate for a particular parcel.
Staff reported that the prohibition against placing additional units in the TDR bank was in the implementation process. Also, as an option to either reducing the number of units in the bank or eliminating the bank entirely, it was concluded that the County could maintain control by releasing a maximum of 150 units per year with the exemption of development in the revitalization and development overlay.
Staff recommendation was to delay adopting a revised conversion formula until additional receiving areas and the ultimate absorption potential of the receiving areas were identified.
Staff recommendation was to continue utilizing the existing pricing formula and implement a market rate should a private market be established in future.
Implementing administrative review would streamline the process, eliminating the Land Use Advisory Board public hearings required for TDR applications. Traditionally, the Board has made decisions related to density, and full administrative review would take the Board out of that process, but subdivisions requesting greater than two units per acre could still go to the Board for approval of the total project.
Adoption of permitting the purchase of density rather than requiring exemplary design would be contrary to previous Board direction and would lead to more poorly designed projects. PUBLIC COMMENT: Geoffrey Sluggett asked that the Board reach resolution on the conversion rate issue at today's meeting in order to expedite the pending donation of private property from a client represented by his company. Mr. Duke reiterated the need to wait until the mapping process was complete before creating new conversion rates. After discussion the following Board direction was given:
RECESS At 10:47 a.m., the Chair declared a recess. RECONVENE At 10:52 a.m., the Board reconvened with Commissioners Aaronson, Lee, Marcus, Newell, and Roberts present. 5. 10:30 A.M. - LAND MANAGEMENT - NATURAL AREAS PROGRAM STATUS REPORT. DISCUSSED WITH DIRECTION 11-23-99 Environmental Resources Management Director Richard E. Walesky updated the Board on the status of the Natural Areas Program. He began by informing the Board that the 1991 environmentally sensitive lands bond referendum was now expended, and that the County had managed to purchase or lease approximately 25,000 acres of land, which currently had an appraised value of $173 million. The next phase was to restore each site and provide for long-term protection and maintenance. Mr. Walesky addressed the following issues relevant to the long-term protection and maintenance:
The destruction to sites caused by off-road vehicles. Mr. Walesky explained that although the public was encouraged to use the sites, off-road vehicles were not permitted. Commissioner Newell suggested posting signs which clearly define the penalties. Commissioner Roberts questioned whether available state and local laws were adequate. Mr. Walesky responded that the laws were adequate, but needed to be enforced. Staff was recommending the following:
2. Pal-Mar Resale to State Mr. Walesky reported that, because of conflicts with state policies, the original intention to sell this site to the state for management purposes may not be possible. Commissioner Roberts asked how the hunting issue was being addressed. Mr. Walesky informed the Board that the Game and Fresh Water Fish Commission had offered to purchase the portion located in Martin County for $1 million. The division would square off boundaries allowing Palm Beach County to prohibit hunting on its portion. 3. Non-Native Invasive Exotics Staff recommendations to control non-native invasive exotics and the large population of wild boars were as follows:
4. Operation Center As most of the sites were located north of Okeechobee Boulevard, the operation center located at Lantana Road and the Florida Turnpike was now impractical. Staff was recommending relocating the facility farther north at an estimated cost of $750,000. Commissioner Marcus suggested relocating the facility at the North County General Aviation Airport. 5. Prescribed Burnings In the past, fires were allowed to burn naturally to control overgrown scrub areas, but an increase in population has resulted in tighter controls. Therefore, many of the newly purchased lands are in desperate need of clearing. Recommendations are as follows:
6. Community Support The Adopt-A-Preserve Program was designed to gain community support. The following was expected:
7. Long-Term Stewardship Costs Within six years, all sites are expected to be in the stewardship stage. At this point, sites are fully functional and open to the public, and bond funds are no longer available to maintain the sites. It is estimated that $2.4 million will be needed annually to provide continued maintenance on the properties. Commissioner Newell requested a five-year budget projection to permit the Board to budget the necessary funds. PUBLIC COMMENT: Barbara Susco voiced her continued objections to the purchasing of Unit 11 lands for environmental purposes. RECESS At 12:00 m., the Chair declared a recess. RECONVENE At 2:00 p.m. the Board reconvened with Commissioners Aaronson, Lee, McCarty, Marcus, Newell, and Roberts present. 6. 2:00 P.M. - PROPERTY REHABILITATION PROGRAM POLICIES OVERVIEW. DISCUSSED WITH DIRECTION 11-23-99 Housing and Community Development Director Remar M. Harvin reported that the program was working well. He introduced Housing and Rehabilitation Manager Amin Houry who presented an overview of the program's policies. Staff advised that paperwork could be lessened by eliminating an initial inspection report that was a duplication of a comprehensive report completed on each property. After discussion the following suggestions were made:
Mr. Harvin reported that the County was training inspectors from various municipalities to process their own applications to expedite the funding process.
Mr. Harvin said that unless the budget was increased, he believed it would be unfair to encourage huge numbers of applicants that could not be accommodated.
Mr. Harvin explained that Board approval was necessary for any property exceeding the current maximum limit, but at this time there was no cap on the total funds that could be approved for a particular property. He indicated that he would look into establishing a cap. 3.B.1. TIME CERTAIN - 2:30 P.M. PRELIMINARY READING AND ADVERTISE FOR PUBLIC HEARING ON JANUARY 11, 2000, AT 9:30 A.M. AN ORDINANCE AMENDING ORDINANCE 85-40 AS AMENDED, ESTABLISHING AN AMENDED FIVE-YEAR ROAD PROGRAM; PROVIDING FOR A REVISED LIST OF PROJECTS, MODIFICATION AND IMPLEMENTATION OF THE PLAN, INCLUDING A NEW FIFTH YEAR. APPROVED AS AMENDED 11-23-99 County Engineer George T. Webb distributed a revised budget schedule indicating the paper transfer of $1 million from the Fiscal Year 2001 budget to the Fiscal Year 2000 budget to provide for an early payment on a refund loan to the St. Andrews School in Boca Raton. Mr. Webb noted that the transfer would not adversely affect any scheduled projects. Mr. Webb proceeded to highlight the tentative roadway improvement schedule for the five-year period. The Board voiced concern that County funds were being allocated to improve state roads. Mr. Webb explained that the County did have some joint projects with the state, but some critical areas could not wait until state funds were available. Board direction included the following:
MOTION to approve the ordinance as amended for preliminary reading and advertise for public hearing. Motion by Commissioner Roberts, seconded by Commissioner Marcus, and carried 6-0. Commissioner Masilotti absent. 3.B.2. DIRECTION ON DEVELOPING A CHANGE TO THE COUNTY POLICY THAT RESTRICTS COUNTY MAINTENANCE RESPONSIBILITY FOR UNINCORPORATED LANDSCAPED THOROUGHFARE MEDIANS. DISCUSSED WITH DIRECTION 11-23-99 County Engineer Webb explained that the County currently does not install or maintain beautification other than trees in medians located in unincorporated areas. If the Board proposed to change the policy to permit property owners to pay the County to maintain a higher level of beautification in these medians, then guidelines should be developed. He also added that the Florida Department of Transportation (FDOT) had indicated that they would be willing to pay for the installation of a higher level of beautification in specified areas if the County would be willing to provide the ongoing maintenance. Commissioner Aaronson suggested changing the policy to permit participation on a voluntary basis. Communities choosing to install plantings rather than concrete should have the option to pay the County a set sum in advance to provide the ongoing maintenance and liability coverage over a set period of time. He further added that, if FDOT was willing to pay for the installation of a higher level of beautification, the County should cover the ongoing maintenance costs. Commissioner Marcus agreed but recommended that inflation over the determined period be considered when calculating the initial payment amount. She also suggested collecting and investing funds by zones so monies generated from a specific area were returned to that area. Commissioner McCarty expressed concern that smaller communities may have problems financing a 15-year maintenance payment upfront. She suggested developing a separate payment schedule which would permit smaller communities to guarantee payment over a 3-year period. Ms. McCarty said that liability coverage should be included when ongoing maintenance responsibilities are accepted by the County. Commissioner Newell voiced his disapproval of collecting and investing funds by zones. He noted that some zones were better funded than others. Commissioner Lee agreed, and asked that consideration be given to making the policy change more equitable throughout the County. PUBLIC COMMENT: Leo L. Bentz emphasized the need to include liability as part of the maintenance agreement to protect property owners from future liens which may affect their lending rights. Richard (Chip) Carlson, Jr. asked, that historical projects be permitted to join in the program. Herbert F. Kahlert suggested that policy changes should be uniform throughout the County. After discussion, Mr. Webb summarized the suggested policy guidelines as follows:
Mr. Webb reported that the bids were in and that contractors have already been chosen to perform the maintenance. He recommended that the program be limited to maintenance only and not initial installations, in order to exempt the County from the pressures of project completion deadlines. He concluded that it was his intention to return to the Board by December 21, 1999, with a proposed maintenance program. 10. ADJOURNED The Chair declared the meeting adjourned at 4:10 p.m. ATTESTED: APPROVED: Clerk Chair |
