MEETING: BOARD OF COUNTY COMMISSIONERS, REGULAR
1. CALL TO ORDER: December 7, 1999, at 9:32 a.m., in the Palm Beach County Governmental Center, West Palm Beach, Florida.
1.A. ROLL CALL
MEMBERS AND OFFICERS PRESENT:
Chair Maude Ford Lee
Vice-Chair Warren H. Newell
Commissioner Burt Aaronson
Commissioner Mary McCarty
Commissioner Karen T. Marcus
Commissioner Tony Masilotti
Commissioner Carol A. Roberts
County Administrator Robert Weisman
Chief Deputy County Attorney Gordon Selfridge
Chief Deputy Clerk John W. Dame
Deputy Clerk Carl Zettelmeyer
1.B. INVOCATION - Commissioner Lee
1.C. PLEDGE OF ALLEGIANCE
2. AGENDA APPROVAL
2.A. ADDITIONS, DELETIONS, SUBSTITUTIONS
County Administrator Weisman noted the Agenda changes as follows:
7 3A-1 REVISED TITLE: a Memorandum of Agreement with the U.S. Department of Agriculture (USDA) to
designate the Palm Beach County Glades Area as a Champion Community for a period of five (5)
13 3E-8 REVISED TITLE: Four (4) amendments to Ryan White Comprehensive AIDS Resources Emergency Act contracts for services in the amounts indicated:
A) Amendment No.1 to Contract ...
B) Amendment No. 1 to Contract (R99-649D, dated 2/23/99) with Hope House of the Palm Beaches, Inc. to increase
funding by $165,681, for a not-to-exceed amount of $705,107
C) Amendment No. 1 to Contract ...
D) Amendment No.1 to Contract ... (Comm Serv)
25 3U-2 ** MOVED TO REGULAR 5A-4: purchase of two (2) IBM RS/6000 Model S80 computers (via State of Florida contract terms) at a total cost of $781,130 to be used as primary and backup servers for the Civil Information (CIVIS) and Juvenile Courts Information Systems. (ISS)
28 4I ADD-ON: Proclamation declaring the period of January 7 - 23, 2000 as "Martin Luther King, Jr. Landmark Memorial 2000 Days" in Palm Beach County. (Sponsored by Commissioner Lee)
31 5G-1 DELETED: 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)
32 5G-2 DELETED: Amendment No. 5 in the amount of $1,700,000 with STH Architectural Group, Inc., and Thompson, Ventulett, Stainback & Associates, Inc. Architects (STH/TVS) for continuing design services for the Convention Center Project. (FD&O)
34 5I-1 DELETED: a Resolution declaring the Board's intent to proceed with condemnation or eminent domain to acquire all lands within the area known as Unit 11, upon conclusion of the existing willing seller program. (ERM) (Further staff review/postponed until 12/21)
35 5K-1 DELETED: an Amendment to the Palm Beach County Fire Code relating to the height of numbers for building addressing. (Fire Res) (Further staff review/postponed until 12/21
35 5M-1 ADD-ON: CONTINUED FROM 12-02-99 ZONING MEETING
Development Order Amendment/Expedited Application Consideration (EAC) petition of Brefrank, Inc., by Jean Lindsey, Agent. Request: Modify Conditions D.63 and D.65 in Resolution R99-0329 (Regional Conditions). Request: Modify Conditions E.3, G.1 and T.1 of Resolution R98-1788 (Local Conditions) General Location: SW corner of Forest Hill Blvd. and SR 7/US 441 for the (WELLINGTON GREEN DRI (AKA WELLINGTON COMMONS DRI)). Pages 316-380 Size: 466.30 acres+ District 6 (Engineering)
36 6A-2 ADD-ON (Requested by the Treasure Coast Regional Planning Council:
(Treasure Coast Regional Planning Council)
Staff recommends motion to ratify: the Reappointment of the following members to the Treasure Coast Regional Planning Council.
Nominees Seat No. Requirement
Vice-Mayor Retha Lowe 4 PBC Official
Mayor Carmine A. Priore 5 PBC Official
Mayor Karen J. Golonka 6 PBC Official
Vice-Mayor Carmela Starace 7 PBC Official
Vice-Mayor David W. Schmidt 8 PBC Official
Commissioner Jeff Koons 4A PBC Official
Mayor Samuel J. Ferreri 5A PBC Official
Councilmember Jack McDonald 6A PBC Official
Commissioner Paul W. Castro 8A PBC Official
SUMMARY: In accordance with the Treasure Coast Regional Planning Council policy, the Board is requested to ratify the Palm Beach County League of Cities, Inc. appointments to the Regional Planning Council before their annual meeting. (Recommended by the Treasure Coast Regional Planning Council) (Admin)
MOTION to adopt the Agenda as amended. Motion by Commissioner Newell, seconded by Commissioner Roberts, and carried 7-0.
2.C. UNSCHEDULED ITEMS - None
3. CONSENT AGENDA - See Page 23 for approval.
Items pulled from Consent Agenda:
4. SPECIAL PRESENTATIONS - 9:30 - See Pages 23-24.
5. REGULAR AGENDA - See Pages 24-33 and 35-39.
TIME CERTAIN - 11:00 A.M. - 5.L.1. - See Pages 31-33.
TIME CERTAIN - 2:15 P.M. - 5.E.1. - See Pages 35-36.
6. BOARD APPOINTMENTS - See Pages 39-41.
7. MATTERS BY THE PUBLIC - See Pages 33-35.
8. STAFF COMMENTS - See Pages 44-45.
9. COMMISSIONER COMMENTS - See Pages 41-44.
10. ADJOURNMENT - See Page 45.
***** CONSENT AGENDA APPROVAL *****
3.A.1. DOCUMENT R-99-2270-D
MEMORANDUM OF AGREEMENT WITH THE U.S. DEPARTMENT OF AGRICULTURE (USDA) TO DESIGNATE THE GLADES AREA, INCLUDING THE CITIES OF BELLE GLADE, PAHOKEE, AND SOUTH BAY, AS A CHAMPION COMMUNITY FOR A PERIOD OF FIVE YEARS. AS AN USDA-DESIGNATED CHAMPION COMMUNITY, SPECIAL PREFERENCE POINTS ARE AWARDED DURING THE EVALUATION PROCESS WHEN COMPETING FOR FEDERAL, STATE, LOCAL, AND PRIVATE FUNDING. APPROVED 12-7-99
a. DOCUMENT R-99-2271-D
AMENDMENT 1 TO THE INTERLOCAL AGREEMENT WITH THE CITY OF LAKE WORTH FOR DEVELOPMENT OF THE LAKE WORTH PARK OF COMMERCE, EXTENDING THE TERM FROM SEPTEMBER 30, 2000, TO SEPTEMBER 30, 2001, AND PROVIDING ADDITIONAL FUNDS IN THE AMOUNT OF $10,000. (AMENDS R-98-1772-D) APPROVED 12-7-99
b. BUDGET TRANSFER 2000-0168
BUDGET TRANSFER OF $10,000 FROM THE ECONOMIC DEVELOPMENT DEPARTMENT BUDGET, OTHER CONTRACTUAL SERVICES FUND, TO THE LAKE WORTH PARK OF COMMERCE INTERLOCAL AGREEMENT, CONTRIBUTIONS NON-GOVERNMENTAL AGENCIES FUND. (SEE R-99-2271-D) APPROVED 12-7-99
3.A.3. DOCUMENT R-99-2272-D
DEVELOPMENT REGIONS COMPETITIVE (ROUND III) GRANT AGREEMENT TO THE WEST PALM BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) TOTALING $17,721. THIS GRANT WILL BE UTILIZED TO RESTORE THE FORMER "THIS IS IT PUB" ON NORTHWOOD ROAD, CONTINUING THE NORTHWOOD AREA IMPROVEMENTS AND HIRING 18 FULL-TIME EMPLOYEES. THESE FUNDS WERE INITIALLY ALLOCATED TO A PROJECT IN THE WEST PALM BEACH CRA, WHICH WAS UNABLE TO SECURE FINANCING. APPROVED 12-7-99
RECEIVE AND FILE RESOLUTION 141, 1999 OF THE CITY COUNCIL OF PALM BEACH GARDENS, PROVIDING FOR SUPPORT OF CONTINUED FUNDING OF THE EASTWARD HO! INITIATIVE. APPROVED 12-7-99
RECEIVE AND FILE RESOLUTION 399-99 OF THE CITY COMMISSION OF WEST PALM BEACH, ENDORSING COUNTY ORDINANCE 99-40, WHICH AMENDS CHAPTER 28 OF THE COUNTY CODE PERTAINING TO THE DISCHARGE OF FIREARMS AND FIREARM SALES BY INCREASING THE MANDATORY WAITING PERIOD FROM THREE DAYS TO FIVE DAYS. APPROVED 12-7-99
RECEIVE AND FILE RESOLUTION 99-21 OF THE TOWN COMMISSION OF OCEAN RIDGE, SUPPORTING PERMANENT AND CONSISTENT FUNDING FOR REGIONAL PLANNING COUNCILS. APPROVED 12-7-99
3.A.5. DOCUMENT R-99-2273-D
RECEIVE AND FILE FOR THE WATER UTILITIES DEPARTMENT (PROJECT 99-68), A FULLY EXECUTED ORIGINAL OF THE CONSTRUCTION CONTRACT WITH INTRASTATE CONSTRUCTION CORPORATION FOR $64,180 FOR AERIAL CROSSING REPLACEMENT - LAKE WORTH DRAINAGE DISTRICT L-38 CANAL AT POLO CLUB IN BOCA RATON. APPROVED 12-7-99
a. DOCUMENT R-99-2274-D
RECEIVE AND FILE A FULLY EXECUTED STANDARD T-HANGAR LEASE AGREEMENT WITH GEORGE E. COHEN FOR SPACE AT NORTH COUNTY GENERAL AVIATION AIRPORT FROM NOVEMBER 1, 1999, THROUGH OCTOBER 31, 2000. APPROVED 12-7-99
b. DOCUMENT R-99-2275-D
RECEIVE AND FILE EXHIBIT 11 TO FEDERAL AVIATION ADMINISTRATION MASTER LEASE DTFA06-95-L-15144 COVERING THE LOCALIZER FOR RUNWAY 08L AT PALM BEACH INTERNATIONAL AIRPORT. (SEE R-95-1251-D) APPROVED 12-7-99
c. DOCUMENT R-99-2276-D
RECEIVE AND FILE A FULLY EXECUTED GENERAL AERONAUTICAL SERVICES AGREEMENT WITH DAN-AN EXPRESS CORPORATION TO PROVIDE AIRCRAFT RAMP SERVICE, AIRCRAFT AND EQUIPMENT MAINTENANCE SERVICE, AIRCRAFT INTERIOR CLEANING AND WASTE DISPOSAL SERVICE, PORTER ASSISTANCE SERVICE, BAGGAGE DELIVERY SERVICE, AND AIRLINE TICKETING AND BOARDING SERVICE AT PALM BEACH INTERNATIONAL AIRPORT FOR OCTOBER 1, 1999, THROUGH SEPTEMBER 30, 2000. APPROVED 12-7-99
d. DOCUMENT R-99-2277-D
RECEIVE AND FILE A FULLY EXECUTED GENERAL AERONAUTICAL SERVICES AGREEMENT WITH WORLDWIDE FLIGHT SERVICES, INC., TO PROVIDE AIRCRAFT RAMP SERVICE, AIRCRAFT AND EQUIPMENT MAINTENANCE SERVICE, AIRCRAFT INTERIOR CLEANING AND WASTE DISPOSAL SERVICE, PORTER ASSISTANCE SERVICE, BAGGAGE DELIVERY SERVICE, AND AIRLINE TICKETING AND BOARDING SERVICE AT PALM BEACH INTERNATIONAL AIRPORT FOR APRIL 1, 1999, THROUGH SEPTEMBER 30, 2000. APPROVED 12-7-99
e. DOCUMENT R-99-2278-D
RECEIVE AND FILE A FULLY EXECUTED STANDARD T-HANGAR LEASE AGREEMENT WITH RICHARD BROMLEY FOR SPACE AT NORTH COUNTY GENERAL AVIATION AIRPORT FROM NOVEMBER 1, 1999, THROUGH OCTOBER 31, 2000. APPROVED 12-7-99
WARRANT LIST DATED DECEMBER 6, 1999. APPROVED 12-7-99
COMPUTER CHECKS $ 10,550,254.61
WIRE TRANSFERS 114,688,863.70
MANUAL CHECKS 39,796.71
TRUSTEE DISBURSEMENTS 0.00
3.B.2. MINUTES - None
CONTRACTS ON THE CONTRACT LIST EXECUTED BY THE PURCHASING DIRECTOR OR TOURIST DEVELOPMENT DIRECTOR:
TERM CONTRACT WITH BUILDING SERVICE INTERNATIONAL FOR $1,870,335 TO PROVIDE JANITORIAL SERVICES FOR PALM BEACH INTERNATIONAL AIRPORT FROM JANUARY 10, 2000, THROUGH JULY 9, 2001. APPROVED 12-7-99
RENEWAL OF TERM CONTRACT WITH AQUATIC VEGETATION CONTROL FOR $1.09 MILLION TO PROVIDE GROUND APPLICATION SERVICES AND CONTROL OF EXOTIC PLANTS ON AN AS-NEEDED BASIS FROM JANUARY 1, 2000, THROUGH OCTOBER 1, 2001. APPROVED 12-7-99
RENEWAL OF TERM CONTRACT FOR $135,704 FOR COREL SOFTWARE LICENSES, UPGRADES, AND MAINTENANCE FROM DECEMBER 7, 1999, THROUGH OCTOBER 31, 2000, PER STATE CONTRACT 252-003-98-1. APPROVED 12-7-99
RENEWAL OF TERM CONTRACT FOR $140,000 WITH MERRITT VETERINARY AND SOUTHEAST VETLAB TO PROVIDE VETERINARY PHARMACEUTICALS AND SUPPLIES AS NEEDED FROM FEBRUARY 7, 2000, THROUGH FEBRUARY 6, 2001. THIS IS THE SECOND AND FINAL RENEWAL OPTION. APPROVED 12-7-99
RENEWAL OF TERM CONTRACT WITH ALVIN MATTHEWS PAINT & BODY, BEV SMITH FORD, INC., LYONS AUTO BODY, INC., MURPHY'S PAINT & BODY, NATIONWIDE COLLISION & APPRAISAL, PALM BEACH TRUCK & EQUIPMENT, PANTHER PAINT & BODY, INC., SEBOKS AUTO BODY (DBA SEBOKS COLLISION CENTER), ROGER DEAN CHEVROLET, INC., AND ROYAL PAINT & BODY (DBA SCHMIDTS AUTO BODY & GLASS), FOR $185,000 TO PROVIDE AUTO BODY REPAIRS ON AN AS-NEEDED BASIS FROM JANUARY 1, 2000, THROUGH DECEMBER 31, 2000. THIS IS THE SECOND AND FINAL RENEWAL OPTION. APPROVED 12-7-99
f. DOCUMENT R-99-2279-D
PURCHASE OF EIGHT MID-SIZE SEDANS FROM DON REID FORD FOR $114,384, BASED ON THE STATE CONTRACT. THIS PURCHASE IS FOR SIX REPLACEMENT VEHICLES AND TWO ADDITIONAL VEHICLES FOR PALM TRAN. APPROVED 12-7-99
g. DOCUMENT R-99-2280-D
PURCHASE OF FIVE THREE-WHEEL BASEBALL FIELD RAKES FROM KILPATRICK TURF EQUIPMENT FOR $32,975. APPROVED 12-7-99
TERM CONTRACT WITH J. J. SOSA & ASSOCIATES, INC., AND IT CORPORATION FOR $100,000 TO PROVIDE INDUSTRIAL HYGIENE SERVICES ON AN AS-NEEDED BASIS FROM DECEMBER 8, 1999, THROUGH NOVEMBER 7, 2000. APPROVED 12-7-99
3.C. ENGINEERING AND PUBLIC WORKS
RECEIVE AND FILE A REPORT OF PLAT RECORDATIONS FROM JULY 1, 1999, THROUGH SEPTEMBER 30, 1999. THIS QUARTERLY SUMMARY OF SUBDIVISION PLATS RECORDED DURING THE PAST FISCAL QUARTER IS REQUIRED BY DEPARTMENT OF ENGINEERING AND PUBLIC WORKS POLICIES AND PROCEDURES MANUAL ITEM ED-0-11. APPROVED 12-7-99
3.C.2. RESOLUTION R-99-2281
RESOLUTION TO EXECUTE A THIRD AMENDMENT TO THE CONTRACT WITH MINTO BUILDERS, INC., ACCEPTING NEW SURETY OF $154,500, RELEASING CURRENT SURETY, AND EXTENDING THE CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS AT EQUESTRIAN PLAT II, LOCATED EAST OF MILITARY TRAIL AND SOUTH OF BOYNTON BEACH BOULEVARD, TO SEPTEMBER 2, 2000. (AMENDS R-93-1465) ADOPTED 12-7-99
3.C.3. DOCUMENT R-99-2282-D
COUNTY DEED IN FAVOR OF THE LAKE WORTH DRAINAGE DISTRICT (LWDD) FOR COUNTY-OWNED PROPERTY ADJACENT TO HYPOLUXO ROAD AND THE E-1 CANAL, WHICH CONVEYS TWO TRIANGULAR COUNTY-OWNED PARCELS OF LAND TO THE LWDD AS REQUIRED TO MAINTAIN THEIR PRESENT ACCESS RIGHTS AFTER HYPOLUXO ROAD IS CONSTRUCTED OVER THE E-1 CANAL. APPROVED 12-7-99
3.C.4. BUDGET AMENDMENT 2000-0164
BUDGET AMENDMENT OF $7,500 IN THE GENERAL FUND TO ESTABLISH FUNDING FOR THE PAYMENT OF PROFESSIONAL SERVICES BY THE LAND DEVELOPMENT DIVISION. ENGINEERING'S INITIAL FISCAL YEAR 2000 BUDGET INCLUDED $312,000 FOR PROFESSIONAL SERVICES PROVIDED BY OTHER ENGINEERING DIVISIONS. THE BUDGET WAS MISTAKENLY RECLASSIFIED TO A CHARGE-OFF ACCOUNT, HOWEVER, WHICH MAKES IT NECESSARY TO REESTABLISH FUNDING OF $7,500 FOR THE PURPOSE OF MAKING PAYMENTS AS NECESSARY TO OUTSIDE VENDORS. THIS BUDGET AMENDMENT REPRESENTS AN ACCOUNTING RECLASSIFICATION AND HAS NO FISCAL IMPACT. APPROVED 12-7-99
3.C.5. RESOLUTION R-99-2283
AMENDMENT TO A REMOVAL AGREEMENT DATED FEBRUARY 13, 1975, FOR A FUTURE RIGHT-OF-WAY LOCATED AT 9354 ALTERNATE A1A, TOWN OF LAKE PARK. THIS ITEM SPECIFIES THE GENERAL PURPOSE OF THE ORIGINAL REMOVAL AGREEMENT. ADOPTED 12-7-99
3.C.6. RESOLUTION R-99-2284
RESOLUTION VACATING A 20-FOOT-WIDE DRAINAGE EASEMENT LYING WITHIN LOT 230 AND TRACT L, TUSCANY, PARCEL C, LOCATED ON THE EAST SIDE OF HAGEN RANCH ROAD AND NORTH OF BOYNTON BEACH BOULEVARD. THE PETITIONER IS REQUESTING THE ABANDONMENT BECAUSE THE DRAINAGE EASEMENT WAS INADVERTENTLY PLACED WITHIN LOT 231 INSTEAD OF LOT 230. ADOPTED 12-7-99
3.C.7. DOCUMENT R-99-2285-D
CHANGE ORDER 9 FOR A 35-DAY EXTENSION FOR INCLEMENT WEATHER TO THE CONTRACT WITH GOLDEN EAGLE ENGINEERING CONTRACTORS, INC. FOR CONSTRUCTION OF MELALEUCA LANE FROM HAVERHILL ROAD TO MILITARY TRAIL. NO FISCAL IMPACT ON THE ORIGINAL CONTRACT AMOUNT OF $1,168,088.10. (AMENDS R-98-1408-D) APPROVED 12-7-99
3.C.8. BUDGET TRANSFER 2000-0169
BUDGET TRANSFER OF $5,000 IN THE TRANSPORTATION IMPROVEMENT FUND FROM ROAD PROGRAM RESERVES FOR DESIGN AND ALIGNMENT (FISCAL YEARS 97-98) TO THE HAVERHILL ROAD - COMMUNITY DRIVE TO LAKESIDE GREEN BOULEVARD PROJECT. PERMITTING ISSUES WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND RELATED DESIGN CHANGES TO THE DRAINAGE SYSTEM MAKE IT NECESSARY TO COMPENSATE THE CONSULTANT, MOCK, ROOS & ASSOCIATES, INC., FOR ADDITIONAL DESIGN SERVICES. APPROVED 12-7-99
RECEIVE AND FILE A REPORT TO THE BOARD OF COUNTY COMMISSIONERS ON DOCUMENTS CONVEYING RIGHTS-OF-WAY AND/OR EASEMENTS WHICH HAVE BEEN ACCEPTED BY THE COUNTY ENGINEER. APPROVED 12-7-99
3.C.11. BUDGET AMENDMENT 2000-0229
BUDGET AMENDMENT OF $247,505 IN THE COUNTY TRANSPORTATION TRUST FUND REESTABLISHING PREVIOUSLY APPROVED GRANT REVENUE FOR THE URBAN TRAFFIC CONTROL SYSTEM UNDER A JOINT PROJECT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) WHICH REIMBURSES THE COUNTY FOR SOME OF THE OPERATING EXPENSES OF THE URBAN TRAFFIC CONTROL SYSTEM, UP TO $200,000 A YEAR. FDOT FUNDS NOT EXPENDED ARE AUTOMATICALLY CARRIED FORWARD INTO THE NEXT FISCAL YEAR. APPROVED 12-7-99
JOINT PARTICIPATION AGREEMENT NOT TO EXCEED $150,000 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR RESURFACING AND PAVEMENT MARKING IMPROVEMENTS ON BLUE HERON BOULEVARD FROM AVENUE S TO U.S. 1. APPROVED 12-7-99
b. RESOLUTION R-99-2286
RESOLUTION AUTHORIZING A JOINT PARTICIPATION AGREEMENT NOT TO EXCEED $150,000 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR RESURFACING AND PAVEMENT MARKING IMPROVEMENTS ON BLUE HERON BOULEVARD FROM AVENUE S TO U.S. 1. ADOPTED 12-7-99
c. BUDGET AMENDMENT 2000-0163
BUDGET AMENDMENT OF $150,000 IN THE TRANSPORTATION IMPROVEMENT FUND TO RECOGNIZE FUNDING FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR RESURFACING AND PAVEMENT MARKING IMPROVEMENTS ON BLUE HERON BOULEVARD FROM AVENUE S TO U.S. 1. (SEE R-99-2286) APPROVED 12-7-99
3.C.14. DOCUMENT R-99-2287-D
CONTRACT CLOSE-OUT AGREEMENT WITH, AND ACCEPTANCE OF GENERAL RELEASE FROM, HARDRIVES OF DELRAY, INC. ON APRIL 16, 1996, HARDRIVES ENTERED INTO A CONTRACT WITH THE COUNTY TO WIDEN INDIANTOWN ROAD FROM 130TH AVENUE NORTH TO THE FLORIDA TURNPIKE. THIS CLOSE-OUT AGREEMENT WAIVES SOME LIQUIDATED DAMAGES AND PROVIDES FOR A CASH PAYMENT TO HARDRIVES OF $34,230 TO SETTLE CLAIMS FOR EXTRA COSTS WHICH HARDRIVES ALLEGED IT INCURRED AS A RESULT OF ACTIONS TAKEN BY THE JUPITER POLICE DEPARTMENT IN LIMITING ACCESS TO THE PROJECT. HARDRIVES IS GIVING THE COUNTY A GENERAL RELEASE OF ALL CLAIMS AS A PART OF THIS AGREEMENT. (AMENDS R-96-513-D) APPROVED 12-7-99
3.D. COUNTY ATTORNEY
REJECTION OF PLAINTIFF'S DEMAND FOR JUDGMENT/PROPOSAL FOR SETTLEMENT, INCLUSIVE OF ATTORNEY FEES AND COSTS, IN THE TOTAL AMOUNT OF $30,000 IN THE PERSONAL INJURY CASE OF ELSA SOSA V. THE COUNTY, CASE CL-99-2975-AB. APPROVED REJECTION 12-7-99
SETTLEMENT OFFER OF $100,000, INCLUSIVE OF ALL ATTORNEY FEES AND COSTS, IN THE FEDERAL LAWSUIT ENTITLED JOSEPH FERGUSON V. THE COUNTY, JOHN FINCH, RICHARD WITZEL, ROBERT BURRUS, GARY DERNLAN, JAMES SHAMBLIN, AND SHAUNA IHLE, CASE 95-8360-CIV-MIDDLEBROOKS. APPROVED 12-7-99
3.E. COMMUNITY SERVICES
3.E.1. DOCUMENT R-99-2288-D
CONTRACT WITH THE AMERICAN RED CROSS, PALM BEACH COUNTY CHAPTER, FOR THE DROWNING PREVENTION PROGRAM IN AN AMOUNT NOT TO EXCEED $50,000 FOR OCTOBER 1, 1999, THROUGH SEPTEMBER 30, 2000. FUNDING IS PROPOSED TO BE SHARED BY A COALITION INCLUDING THE COUNTY, CHILDREN'S SERVICES COUNCIL, HEALTH CARE DISTRICT, AND THE UNITED WAY. THE COUNTY'S PORTION IS INCLUDED IN THE CURRENT BUDGET. APPROVED 12-7-99
3.E.2. DOCUMENT R-99-2289-D
AGREEMENT WITH THE NATIONAL SENIOR CITIZENS EDUCATION & RESEARCH CENTER (NSCERC) TO OPERATE THE SENIOR AIDES PROGRAM UNDER TITLE V OF THE OLDER AMERICANS ACT IN AN AMOUNT NOT TO EXCEED $756,536 FOR JULY 1, 1999, THROUGH JUNE 30, 2000. THIS AGREEMENT WILL ENABLE THE PROGRAM TO PROVIDE EMPLOYMENT TRAINING AND EMPLOYMENT TO 102 SENIOR CITIZENS IN PUBLIC OR PRIVATE NON-PROFIT AGENCIES. FUNDING CONSISTS OF $638,236 IN FEDERAL FUNDS AND $118,300 IN COUNTY FUNDS. APPROVED 12-7-99
3.E.3. DOCUMENT R-99-2290-D
AGREEMENT WITH THE HEALTH DEPARTMENT TO FUND THE PROGRAM FOR HIV PREVENTION WITH NON-COMPLIANT CARRIERS (HIVN-CC) IN AN AMOUNT NOT TO EXCEED $103,000 FOR OCTOBER 1, 1999, THROUGH SEPTEMBER 30, 2000. THE HEALTH DEPARTMENT WILL PROVIDE A SEMI-ANNUAL REPORT ON THE PROGRAM'S ACTIVITIES. APPROVED 12-7-99
3.E.4. DOCUMENT R-99-2291-D
AMENDMENT 1 TO THE CONTRACT IC-901-1 WITH THE AREA AGENCY ON AGING OF PALM BEACH/TREASURE COAST, INC., FOR $43,425.86 TO FUND THE 1999/2000 COMMUNITY CARE FOR THE ELDERLY (CCE) GRANT. THIS AMENDMENT INCREASES THE NUMBER OF IN-HOME SERVICE UNITS (HOMEMAKER, PERSONAL CARE, AND RESPITE) BY 3,948 FOR AN INCREASE OF $43,425.86 AND A NEW GRANT TOTAL OF $768,503.86. THIS AMOUNT REPRESENTS A PORTION OF NEW FUNDING ALLOCATED TO THE DEPARTMENT OF SENIOR SERVICES BY THE 1999 LEGISLATURE TO SERVE CLIENTS ON THE CCE WAITING LIST. (AMENDS R-99-1090-D) APPROVED 12-7-99
a. DOCUMENT R-99-2292-D
CONTRACT WITH THE CHILDREN'S HOME SOCIETY FOR $14,500 UNDER THE FISCAL YEAR 2000 FINANCIALLY ASSISTED AGENCY PROGRAM TO PROVIDE OUTREACH EDUCATION PROGRAMS AND TRANSPORTATION SERVICES FOR TEENS IN TIMES OF CRISIS TO THE SAFE HARBOR RUNAWAY SHELTER FROM OCTOBER 1, 1999, THROUGH SEPTEMBER 30, 2000. APPROVED 12-7-99
b. DOCUMENT R-99-2293-D
CONTRACT WITH THE COMMUNITY RESOURCE CENTER OF COLEMAN PARK FOR $60,458 UNDER THE FISCAL YEAR 2000 FINANCIALLY ASSISTED AGENCY PROGRAM TO PROVIDE CASE MANAGEMENT AND FAMILY STRENGTHENING SERVICES TO CHILDREN/ADOLESCENTS AND THEIR FAMILIES FROM OCTOBER 1, 1999, THROUGH SEPTEMBER 30, 2000. APPROVED 12-7-99
c. DOCUMENT R-99-2294-D
CONTRACT WITH YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF PALM BEACH COUNTY FLORIDA, INC., FOR $74,240 UNDER THE FISCAL YEAR 2000 FINANCIALLY ASSISTED AGENCY PROGRAM TO PROVIDE EMERGENCY SHELTER, COUNSELING, AND TRANSPORTATION TO WOMEN AND CHILDREN OF DOMESTIC VIOLENCE, AND TO PROVIDE A COMMUNITY WELLNESS PROGRAM FOR ELDERS AND CHILDREN FROM OCTOBER 1, 1999, THROUGH SEPTEMBER 30, 2000. APPROVED 12-7-99
3.E.6. DOCUMENT R-99-2295-D
AMENDMENT 2 TO THE CONTRACT IC-901-1 WITH THE AREA AGENCY ON AGING OF PALM BEACH/TREASURE COAST, INC., FOR $308,472.14 TO FUND THE 1999/2000 COMMUNITY CARE FOR THE ELDERLY (CCE) GRANT. THIS AMENDMENT INCREASES THE NUMBER OF IN-HOME SERVICE UNITS (HOMEMAKER, PERSONAL CARE, AND RESPITE) BY 26,826 FOR AN INCREASE OF $308,472.14 AND A NEW GRANT TOTAL OF $1,076,976. THIS AMENDMENT ALSO ADDS TWO NEW CCE SERVICES, CASE AIDE (304 UNITS) AND HOME DELIVERED MEALS (4,000 UNITS). THIS AMOUNT REPRESENTS A PORTION OF NEW FUNDING ALLOCATED TO THE DEPARTMENT OF SENIOR SERVICES BY THE 1999 LEGISLATURE TO SERVE CLIENTS ON THE CCE WAITING LIST. THE LOCAL MATCH OF $34,274.68 IS ALREADY INCLUDED IN THE FISCAL YEAR 2000 BUDGET. (AMENDS R-99-1090-D) APPROVED 12-7-99
3.E.7. DOCUMENT R-99-2296-D
AMENDMENT 2 TO THE CONTRACT IA 901-1 WITH THE AREA AGENCY ON AGING OF PALM BEACH/TREASURE COAST, INC., FOR JANUARY 1, 1999, THROUGH DECEMBER 31, 1999, UNDER THE OLDER AMERICANS ACT GRANT. THIS AMENDMENT INCREASES THE TOTAL NUMBER OF IN-HOME SERVICES (HOMEMAKER AND PERSONAL CARE) BY 1,133 HOURS, AND DECREASES THE NUMBER OF CONGREGATE MEALS BY 7,211. THERE IS NO OVERALL INCREASE OR DECREASE IN GRANT DOLLARS. THIS AMENDMENT ALLOWS THE DIVISION OF SENIOR SERVICES TO SHIFT FUNDING TO PROVIDE THOSE SERVICES MOST NEEDED BY THE ELDERLY. (AMENDS R-98-2082-D) APPROVED 12-7-99
a. DOCUMENT R-99-2297-D
AMENDMENT 1 TO THE RYAN WHITE COMPREHENSIVE AIDS RESOURCES EMERGENCY ACT CONTRACT WITH COMMUNITY AIDS RESOURCE, INC., TO DECREASE FUNDING BY $94,192, FOR AN AMOUNT NOT TO EXCEED $233,061. (AMENDS R-99-644-D) APPROVED 12-7-99
b. DOCUMENT R-99-2298-D
AMENDMENT 1 TO THE RYAN WHITE COMPREHENSIVE AIDS RESOURCES EMERGENCY ACT CONTRACT WITH HOPE HOUSE OF THE PALM BEACHES, INC., TO INCREASE FUNDING BY $165,681, FOR AN AMOUNT NOT TO EXCEED $705,107. (AMENDS R-99-649-D) APPROVED 12-7-99
c. DOCUMENT R-99-2299-D
AMENDMENT 1 TO THE RYAN WHITE COMPREHENSIVE AIDS RESOURCES EMERGENCY ACT CONTRACT WITH COMPREHENSIVE AIDS PROGRAMS OF PALM BEACH COUNTY, INC., TO DECREASE FUNDING FOR FIVE SERVICES BY $141,494 AND INCREASE FUNDING FOR FOUR SERVICES BY $152,000 FOR AN AMOUNT NOT TO EXCEED $2,771,471. (AMENDS R-99-646-D) APPROVED 12-7-99
d. DOCUMENT R-99-2300-D
AMENDMENT 1 TO THE RYAN WHITE COMPREHENSIVE AIDS RESOURCES EMERGENCY ACT CONTRACT WITH WESTERN PALM BEACH MENTAL HEALTH CLINIC TO DECREASE HOUSING FUNDS BY $60,680.71. (AMENDS R-99-655-D) APPROVED 12-7-99
TRAVEL AT AN ESTIMATED COST OF $1,116 FOR MICHAEL CLEVELAND AND TOINETTE WIMS-HUNTER, HEAD START POLICY COUNCIL MEMBERS, TO ATTEND THE 16TH ANNUAL PARENT TRAINING CONFERENCE IN MIAMI, DECEMBER 10, 1999, THROUGH DECEMBER 14, 1999. TRAVEL PER DIEM IS FUNDED BY FEDERAL FUNDS OF 80 PERCENT ($893) AND COUNTY FUNDS OF 20 PERCENT ($223). APPROVED 12-7-99
WAIVER OF PROFESSIONAL SERVICES COMPETITIVE SELECTION PROCEDURES FOR THE SELECTION OF CUTLER & STANFIELD, L.L.P., TO PROVIDE AS-NEEDED CONSULTING SERVICES RELATED TO THE IMPLEMENTATION OF NOISE ABATEMENT AND RELATED MEASURES FOR THE DEPARTMENT OF AIRPORTS. (SEE R-99-2301-D) APPROVED 12-7-99
b. DOCUMENT R-99-2301-D
CONTRACT WITH CUTLER & STANFIELD, L.L.P., FOR AN AMOUNT NOT TO EXCEED $50,000 TO PROVIDE AS-NEEDED CONSULTING SERVICES RELATED TO THE IMPLEMENTATION OF NOISE ABATEMENT AND RELATED MEASURES FOR THE DEPARTMENT OF AIRPORTS FROM DECEMBER 7, 1999, FOR AN INITIAL PERIOD OF THREE YEARS WITH TWO ONE-YEAR RENEWAL OPTIONS. (SEE R-96-636-D) APPROVED 12-7-99
WAIVER OF PROFESSIONAL SERVICES COMPETITIVE SELECTION PROCEDURES IN THE SELECTION OF HARRIS MILLER MILLER AND HANSON, INC., TO PROVIDE AS-NEEDED CONSULTING AND ACOUSTICAL SERVICES RELATED TO THE IMPLEMENTATION OF NOISE ABATEMENT AND RELATED MEASURES FOR THE DEPARTMENT OF AIRPORTS. (SEE R-99-2302-D) APPROVED 12-7-99
b. DOCUMENT R-99-2302-D
CONTRACT WITH HARRIS MILLER MILLER AND HANSON, INC., TO PROVIDE AS-NEEDED CONSULTING AND ACOUSTICAL SERVICES RELATED TO THE IMPLEMENTATION OF NOISE ABATEMENT AND RELATED MEASURES FOR THE DEPARTMENT OF AIRPORTS IN AN ANNUAL AMOUNT NOT TO EXCEED $150,000 FROM NOVEMBER 1, 1999, FOR AN INITIAL PERIOD OF THREE YEARS, WITH TWO ONE-YEAR RENEWAL OPTIONS. (SEE R-96-637-D) APPROVED 12-7-99
3.F.3. DOCUMENT R-99-2303-D
UTILITY EASEMENT AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY, GRANTING AN EASEMENT OF APPROXIMATELY 1.02 ACRES ALONG THE RIGHT-OF-WAY OF THE NEW INTERSTATE 95 OFF-RAMP FOR THE PALM BEACH INTERNATIONAL AIRPORT DIRECT CONNECT FOR THE PLACEMENT OF ELECTRICAL TRANSMISSION LINES. APPROVED 12-7-99
3.F.4. DOCUMENT R-99-2304-D
AGREEMENT WITH ANTHONY N. CAPITO TO PURCHASE PROPERTY DESIGNATED AS PARCEL W-79 LOCATED AT 4866-4868 ELIZABETH STREET, WEST PALM BEACH, WEST OF RUNWAY 9L AT PALM BEACH INTERNATIONAL AIRPORT, FOR A SALES PRICE OF $74,000 AND A REPLACEMENT HOUSING COST OF $15,326 UNDER THE PART 150 NOISE COMPATIBILITY STUDY. APPROVED 12-7-99
3.F.5. DOCUMENT R-99-2305-D
REVISED EASEMENT AGREEMENT WITH BELLSOUTH TELECOMMUNICATIONS, INC., CORRECTING THE LEGAL DESCRIPTION OF THE PRIOR EASEMENT AGREEMENT, WHICH APPROVED THE PLACEMENT OF FIBER OPTIC LINES ALONG A CORRIDOR CONTAINING A TOTAL OF 1.764 ACRES AND RUNNING PARALLEL TO THE NEWLY CONSTRUCTED PERIMETER ROAD ON THE SOUTH SIDE OF PALM BEACH INTERNATIONAL AIRPORT. IT IS NOW NECESSARY TO MOVE THE ALIGNMENT OF THE EASEMENT TO ACCOMMODATE CHANGES IN THE LOCATION OF THE GUARDRAIL THAT EXTENDS ALONG THE EDGE OF THE ROAD PAVEMENT. (AMENDS R-98-1197-D) APPROVED 12-7-99
3.F.6. DOCUMENT R-99-2306-D
UTILITY EASEMENT AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY (FP&L), GRANTING AN EASEMENT OF APPROXIMATELY 4,490 SQUARE FEET ACROSS SECTION 6 PROPERTY IN ORDER TO PROVIDE ELECTRICAL SERVICE TO THE CLUBHOUSE AT THE DONALD J. TRUMP GOLF CLUB. THE EASEMENT WILL BENEFIT THE COUNTY'S TENANT AND IS THEREFORE BEING PROVIDED AT NO COST TO FP&L. APPROVED 12-7-99
3.G. OFFICE OF FINANCIAL MANAGEMENT AND BUDGET
3.G.1. BUDGET TRANSFER 2000-0121
BUDGET TRANSFER OF $28,444 IN THE $25 MILLION GENERAL OBLIGATION BONDS PARKS AND CULTURAL FACILITIES CONSTRUCTION FUND FROM PRINCIPAL RESERVES TO EXPENDITURES TO SET UP THE ACTUAL COST-OF-ISSUANCE BUDGET BASED ON THE SALE OF THE BONDS. APPROVED 12-7-99
a. BUDGET TRANSFER 2000-0130
BUDGET TRANSFER OF $35,000 IN THE GENERAL FUND TO REDUCE THE TRANSFER TO ECONOMIC DEVELOPMENT AND REALLOCATE THE FUNDING TO SMALL BUSINESS ASSISTANCE. APPROVED 12-7-99
b. BUDGET AMENDMENT 2000-0131
BUDGET AMENDMENT OF $35,000 IN THE ECONOMIC DEVELOPMENT FUND TO REDUCE THE TRANSFER FROM THE GENERAL FUND AND REMOVE THE SMALL BUSINESS ASSISTANCE PROGRAM FROM THE ECONOMIC DEVELOPMENT OFFICE. APPROVED 12-7-99
3.G.3. DOCUMENT R-99-2307-D
AMENDMENT 2 TO THE CONTRACT WITH AMERICAN GOVERNMENT CERTIFICATES & FUNDS CORPORATION, DBA FLORIDA MUNICIPAL ADVISORS, SUBSTITUTING SPECTRUM MUNICIPAL SERVICES, INC., AS THE CONSULTANT, AS THAT TERM IS USED IN THE CONTRACT FOR FINANCIAL ADVISORY SERVICES. (AMENDS R-96-1275-D) APPROVED 12-7-99
3.H. FACILITIES DEVELOPMENT AND OPERATIONS
3.H.1. DOCUMENT R-99-2308-D
ONE-YEAR RENEWAL OF THE CONTRACT WITH THE GORDIAN GROUP FOR CONSULTING AND PROFESSIONAL SERVICES IN CONJUNCTION WITH THE JOB ORDER CONTRACT (JOC) SYSTEM. THE GORDIAN GROUP PROVIDES PROFESSIONAL SERVICES REQUIRED TO IMPLEMENT THE JOC SYSTEM TO FACILITATE RENOVATION, REPAIR, AND/OR MAINTENANCE-IMPROVEMENT PROJECTS. (SEE R-97-1119-D) APPROVED 12-7-99
3.H.2. DOCUMENT R-99-2309-D
CHANGE ORDER 4 FOR $64,940 TO THE CONTRACT WITH MOTOROLA, INC., FOR THE 800 MEGAHERTZ COMMUNICATIONS SYSTEMS PROJECT. THIS CHANGE ORDER WILL DETERMINE THE MOST EFFECTIVE COMBINATION OF EXISTING AND POTENTIAL FREQUENCIES BY PERFORMING INTERMODULATION STUDIES AND BY PERFORMING THE ENGINEERING SERVICES REQUIRED TO MODIFY THE SYSTEM DESIGN TO INCORPORATE THE USE OF THE BEST 26 FREQUENCIES INTO THE CURRENT SYSTEM. (AMENDS R-98-2026-D) APPROVED 12-7-99
3.H.4. DOCUMENT R-99-2310-D
CONSTRUCTION CONTRACT WITH ROSSO PAVING AND DRAINAGE, INC., FOR $126,945 TO FUND THE PARKING LOT EXPANSION AT THE NORTH COUNTY REGIONAL LIBRARY. THIS PROJECT CONSISTS OF THE CONSTRUCTION OF ADDITIONAL PARKING SPACES AND INCLUDES LIGHTING, CURBING, AND PEDESTRIAN ACCESS. THE CONTRACT DURATION IS 90 DAYS TO SUBSTANTIAL COMPLETION. APPROVED 12-7-99
3.H.5. DOCUMENT R-99-2311-D
CROSS-PARKING EASEMENT AGREEMENT WITH SON LIFE LUTHERAN CHURCH, INC., LOCATED NORTH OF AND ADJACENT TO THE WEST BOYNTON BRANCH LIBRARY. THERE IS A SHORTAGE OF PARKING FOR PATRONS OF THE LIBRARY AND THE CHURCH. SHARED PARKING FOR THE TWO FACILITIES WILL ALLEVIATE THE PARKING PROBLEM. THIS EASEMENT IS BEING GRANTED AT NO CHARGE TO THE CHURCH OR COUNTY. (SEE R-99-2312-D) APPROVED 12-7-99
3.H.6. DOCUMENT R-99-2312-D
ACCESS EASEMENT AGREEMENT WITH SON LIFE LUTHERAN CHURCH, INC., WHICH OWNS 6.20 ACRES ADJOINING THE WEST BOYNTON BRANCH LIBRARY. THE CHURCH CURRENTLY HAS AN EASEMENT ACROSS A PORTION OF THE LIBRARY PARCEL FOR ACCESS, INGRESS, AND EGRESS. THE COUNTY DESIRES TO WIDEN THE EXISTING DRIVEWAY TO PROVIDE AN ADDITIONAL TURNING LANE FOR THE BENEFIT OF THE LIBRARY AND THE CHURCH, WHICH WILL REQUIRE AN EASEMENT OF APPROXIMATELY 15 FEET BY 180 FEET ACROSS THE COUNTY PROPERTY. THE COUNTY WILL INSTALL LANDSCAPING AND IRRIGATION IN THE JOG ROAD MEDIAN ADJACENT TO THE CHURCH AT AN ESTIMATED COST OF $14,432, WHICH WILL BE FUNDED AS PART OF THE LIBRARY EXPANSION PROJECT SCHEDULED TO COMMENCE IN THE SPRING OF 2000. THE CHURCH WILL REIMBURSE THE COUNTY $5,000 WITHIN 12 MONTHS OF COMPLETION. (SEE R-99-2311-D) APPROVED 12-7-99
3.I. HOUSING AND COMMUNITY DEVELOPMENT
3.I.1. DOCUMENT R-99-2313-D
AGREEMENT WITH IN THE PINES, INC., FOR $42,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE INSTALLATION OF SEWER LINES AND A SEWER LIFT STATION ON THEIR FARM LABOR HOUSING COMPLEX LOCATED AT 12955 HAGEN RANCH ROAD IN UNINCORPORATED BOYNTON BEACH FROM DECEMBER 7, 1999, THROUGH DECEMBER 31, 2000. CDBG FUNDS WILL BE USED TO ELIMINATE SEPTIC TANKS AND LAY SEWER LINES AND INSTALL A LIFT STATION. THE WATER UTILITIES DEPARTMENT WILL ALSO UTILIZE THE LIFT STATION AND CONNECT THE GREEN CAY WETLANDS INTERPRETATIVE CENTER REST ROOMS LOCATED ON THE EAST SIDE OF HAGEN RANCH ROAD. IN EXCHANGE FOR THE USE OF THE LIFT STATION, WATER UTILITIES WILL PAY FOR THE COST OF A 4 INCH FORCE MAIN TO CONNECT THE LIFT STATION TO THE EXISTING 30 INCH FORCE MAIN. NO LOCAL MATCHING FUNDS REQUIRED. APPROVED 12-7-99
3.I.2. DOCUMENT R-99-2314-D
RATIFICATION OF AN AGREEMENT TO REINSTATE AND EXTEND CONTRACTUAL SERVICES WITH THE DEPARTMENT OF COMMUNITY AFFAIRS (DCA) FOR THE RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM (RCMP). THE RCMP WAS CREATED BY THE DCA TO PROVIDE FORGIVEN LOANS TO HOMEOWNERS SELECTED BY THE STATE WHOSE HOMES ARE LOCATED IN THE WINDSTORM ZONE, EAST OF INTERSTATE 95, AND WHO ARE FLORIDA WIND UNDERWRITING ASSOCIATION POLICY HOLDERS, TO UNDERTAKE RETROFIT/REHABILITATION TO AREAS OF THEIR HOMES TO RENDER THEM LESS VULNERABLE TO FUTURE WINDSTORMS. DCA HAS PROVIDED $887,174 IN REHABILITATION COSTS AND $75,000 IN ADMINISTRATIVE EXPENSES. NO LOCAL MATCHING FUNDS REQUIRED. (AMENDS R-98-1007-D) APPROVED 12-7-99
3.I.3. DOCUMENT R-99-2315-D
AMENDMENT 1 TO AN AGREEMENT WITH NEW HOPE CHARITIES, INC., THAT EXTENDS THE EXPIRATION DATE FROM DECEMBER 31, 1999, TO JULY 31, 2000, AND AMENDS THE SCOPE OF THE PROJECT FOR LOCATING AND ROUTING WATER AND SEWER LINES FOR A HOUSING DEVELOPMENT TO BE KNOWN AS SANTA MARIA VILLAGE IN THE PAHOKEE AREA. THE WATER AND SEWER LINES WILL BE INSTALLED OFF-SITE IN THE PUBLIC RIGHT-OF-WAY AND WILL BE CONNECTED TO THE CITY OF PAHOKEE WATER SUPPLY AND WASTEWATER SYSTEMS. THIS AGREEMENT PROVIDES $700,000 IN FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND REQUIRES NO LOCAL MATCH. (AMENDS R-99-65-D) APPROVED 12-7-99
3.I.4. DOCUMENT R-99-2316-D
PARTIAL SATISFACTION OF MORTGAGE FOR VELMA MITCHELL OF RIVIERA BEACH FOR A $6,900 CONDITIONAL GRANT UNDER THE RESIDENTIAL REHABILITATION PROGRAM. APPROVED 12-7-99
a. DOCUMENT R-99-2317-D
SATISFACTION OF MORTGAGE FOR ANNIE RUTH HAMILTON OF RIVIERA BEACH FOR A $12,700 CONDITIONAL GRANT/FORGIVEN LOAN. APPROVED 12-7-99
b. DOCUMENT R-99-2318-D
SATISFACTION OF MORTGAGE FOR EMANUEL W. JIMMERSON, SR., OF RIVIERA BEACH FOR A $13,000 CONDITIONAL GRANT/FORGIVEN LOAN. APPROVED 12-7-99
c. DOCUMENT R-99-2319-D
SATISFACTION OF MORTGAGE FOR EUGENE JOHNSON AND TERRETHA JOHNSON OF RIVIERA BEACH FOR A $12,000 CONDITIONAL GRANT/FORGIVEN LOAN. APPROVED 12-7-99
d. DOCUMENT R-99-2320-D
SATISFACTION OF MORTGAGE FOR DICIE ROBERTS OF RIVIERA BEACH FOR A $5,950 CONDITIONAL GRANT/FORGIVEN LOAN. APPROVED 12-7-99
3.I.6. DOCUMENT R-99-2321-D
AGREEMENT WITH HAITIAN CENTER FOR FAMILY SERVICES, INC., TO PROVIDE UP TO $10,000 FROM OCTOBER 1, 1999, THROUGH SEPTEMBER 30, 2000, UNDER THE 1999 EMERGENCY SHELTER GRANTS PROGRAM (ESGP). THE CENTER WILL USE THIS GRANT FOR THE PROVISION OF OPERATIONS- AND MAINTENANCE-RELATED COSTS AT THREE FACILITIES AS FOLLOWS: (1) OPERATION HOPE, AN EMERGENCY SHELTER FACILITY ($6,925); (2) B AND B OUTREACH CENTER, A TRANSITIONAL SHELTER ($1,450); AND (3) SISTAH TO SISTAH, A SHORT-TERM TRANSITIONAL SHELTER ($1,625). THIS AGREEMENT UTILIZES FEDERAL FUNDS, AND THE REQUIRED MATCH WILL BE MET BY AN IN-KIND CONTRIBUTION FROM OPERATION HOPE, B AND B OUTREACH CENTER AND SISTAH TO SISTAH. NO MATCH FROM COUNTY FUNDS IS REQUIRED. APPROVED 12-7-99
3.J. PLANNING, ZONING, AND BUILDING
a. RESOLUTION R-99-2322
RESOLUTION ASSESSING COSTS FOR ABATEMENT OF NUISANCES AGAINST RAMON A. MORALES, 16005 CRYING WIND DRIVE, TAMPA, FOR $2,789.85. ADOPTED 12-7-99
b. RESOLUTION R-99-2323
RESOLUTION ASSESSING COSTS FOR ABATEMENT OF NUISANCES AGAINST SUSAN URBAN, 340 SOUTH 86TH TERRACE, WEST PALM BEACH, FOR $1,621.92. ADOPTED 12-7-99
3.K. WATER UTILITIES
3.K.1. DOCUMENT R-99-2324-D
RELEASE OF UTILITY EASEMENT TO GARDENETTE ROYAL PROPERTIES, INC., ON LAND LYING SOUTH OF GARDENETTE ROAD AND WEST OF MILITARY TRAIL, AND LISTED BY THE PROPERTY APPRAISER AS PROPERTY CONTROL NUMBER 00-42-44-01-00-000-7290. THE WATER UTILITIES DEPARTMENT HAS DETERMINED THAT IT NO LONGER NEEDS THIS EASEMENT. APPROVED 12-7-99
3.K.2. DOCUMENT R-99-2325-D
CONSULTANT SERVICES AUTHORIZATION 3 FOR $670,354 TO THE CONTRACT WITH HAZEN AND SAWYER, P.C., FOR THE GREEN CAY WETLANDS FINAL DESIGN, PERMITTING, AND BIDDING SERVICES. THIS AUTHORIZATION PROVIDES FOR HAZEN AND SAWYER TO DEVELOP A COMPLETE AND FINAL DESIGN FOR A 175-ACRE WETLANDS TREATMENT FACILITY ON HAGEN RANCH ROAD ADJACENT TO THE SOUTHERN REGION WATER RECLAMATION FACILITY (SRWRF) IN SUBURBAN BOYNTON BEACH. THE GREEN CAY WETLANDS WILL BE PROVIDED WITH PARKING FACILITIES, A BOARDWALK, AND A LARGE INTERPRETATIVE CENTER FOR PUBLIC ENJOYMENT OF THE WETLANDS. (AMENDS R-99-833-D) APPROVED 12-7-99
3.L. ENVIRONMENTAL RESOURCES MANAGEMENT
3.L.1. DOCUMENT R-99-2326-D
INTERLOCAL AGREEMENT WITH THE CITY OF BOYNTON BEACH FROM DECEMBER 7, 1999, THROUGH DECEMBER 6, 2001, FOR THE REIMBURSEMENT OF COSTS ASSOCIATED WITH THE DREDGING OF APPROXIMATELY 1,645 CUBIC YARDS OF SAND FROM THE BOYNTON BEACH BOAT CLUB NAVIGATION CHANNEL NEAR THE SOUTH LAKE WORTH INLET. BY ENTERING INTO THIS AGREEMENT, THE COUNTY AGREES TO INCLUDE THIS WORK AT THE SAME TIME AS IT PERFORMS MAINTENANCE DREDGING IN THE VICINITY OF THE SOUTH LAKE WORTH INLET AND TO COORDINATE WITH THE CITY FOR PERFORMANCE OF ALL REQUIRED WORK. APPROVED 12-7-99
a. DOCUMENT R-99-2327-D
AGREEMENT WITH THE FLORIDA INLAND NAVIGATION DISTRICT (FIND) FOR $30,000, OR 50 PERCENT OF THE ESTIMATED TOTAL PROJECT COST OF $60,000, FOR THE 1,500-TON ROCK ENHANCEMENT OF THE SNOOK AND JEWFISH LEDGES AT THE LAKE WORTH LAGOON SITE 2 (RYBOVICH SITE) WITH AN EQUAL COUNTY MATCH AND A TERM FROM THE DATE OF EXECUTION BY FIND UNTIL AUGUST 31, 2001. (SEE R-99-2328) APPROVED 12-7-99
b. BUDGET AMENDMENT 2000-0175
BUDGET AMENDMENT OF $30,000 IN THE VESSEL REGISTRATION FEE TRUST FUND TO PROVIDE FUNDING FOR THE 1,500-TON ROCK ENHANCEMENT OF THE SNOOK AND JEWFISH LEDGES AT THE LAKE WORTH LAGOON SITE 2 (RYBOVICH SITE). (SEE R-99-2328-D) APPROVED 12-7-99
c. RESOLUTION R-99-2328
RESOLUTION AUTHORIZING THE TRANSFER OF $30,000 FROM THE VESSEL REGISTRATION FEE TRUST FUND FOR THE 1,500-TON ROCK ENHANCEMENT OF THE SNOOK AND JEWFISH LEDGES AT THE LAKE WORTH LAGOON SITE 2 (RYBOVICH SITE). (SEE R-99-2327-D) ADOPTED 12-7-99
d. BUDGET TRANSFER 2000-0176
BUDGET TRANSFER OF $30,000 IN THE VESSEL REGISTRATION FEE TRUST FUND FROM SALTWATER RESERVES TO THE INSHORE ARTIFICIAL REEF PROJECT ACCOUNT FOR THE 1,500-TON ROCK ENHANCEMENT OF THE SNOOK AND JEWFISH LEDGES AT THE LAKE WORTH LAGOON SITE 2 (RYBOVICH SITE). (SEE R-99-2328-D) APPROVED 12-7-99
a. DOCUMENT R-99-2329-D
AGREEMENT WITH THE FLORIDA INLAND NAVIGATION DISTRICT (FIND) FOR $5,250, OR 50 PERCENT OF THE ESTIMATED TOTAL PROJECT COST OF $10,500, FOR THE SMALL SCALE REMOVAL OF EXOTIC VEGETATION ON THE PALM BEACH SPOIL ISLANDS, WITH COUNTY FUNDING OF $4,250 IN PROJECT COSTS AND $1,000 OF IN-KIND STAFF SERVICES, AND A TERM FROM THE DATE OF EXECUTION BY FIND UNTIL AUGUST 31, 2001. APPROVED 12-7-99
b. BUDGET AMENDMENT 2000-0178
BUDGET AMENDMENT OF $5,250 IN THE GENERAL FUND, LAKE WORTH LAGOON EXOTIC VEGETATION REMOVAL PROJECT ACCOUNT TO PROVIDE 50 PERCENT OF THE TOTAL PROJECT COST THROUGH FLORIDA INLAND NAVIGATION DISTRICT'S WATERWAYS ASSISTANCE PROGRAM FOR REMOVAL OF SELECT EXOTIC VEGETATION FROM THE PALM BEACH SPOIL ISLANDS. THIS ACCOUNT IS FUNDED BY A MACARTHUR FOUNDATION GRANT AND A DONATION FROM LOST TREE VILLAGE. (SEE R-99-2329-D) APPROVED 12-7-99
a. RESOLUTION R-99-2330
RESOLUTION SUPPORTING APPROVAL OF THE LAKE WORTH LAGOON MANAGEMENT PLAN AS A SURFACE WATER IMPROVEMENT AND MANAGEMENT PLAN. ADOPTED 12-7-99
AUTHORIZATION FOR STAFF TO TRANSMIT THE LAKE WORTH LAGOON MANAGEMENT PLAN TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR APPROVAL OF THE SURFACE WATER IMPROVEMENT AND MANAGEMENT PLAN. (SEE R-99-2330) APPROVED 12-7-99
3.L.5. BUDGET AMENDMENT 2000-0177
BUDGET AMENDMENT OF $115,315 IN THE VESSEL REGISTRATION FEE TRUST, ENVIRONMENTAL ENHANCEMENT FUND, TO ADJUST THE BUDGET TO REFLECT DIFFERENCES BETWEEN ACTUAL AND ESTIMATED REVENUES AND EXPENDITURES, REESTABLISH BUDGETS FOR PROJECTS APPROVED AFTER THE FISCAL YEAR 2000 BUDGET REQUEST WAS SUBMITTED, AND REESTABLISH GRANT BUDGETS FOR REVENUES ANTICIPATED BUT NOT RECEIVED IN FISCAL YEAR 1999. APPROVED 12-7-99
3.L.6. DOCUMENT R-99-2331-D
AMENDMENT 1 TO THE CONTRACT FOR CONSULTING AND PROFESSIONAL SERVICES WITH THE NATURE CONSERVANCY (TNC), EXPANDING THE TYPES OF SERVICES THAT MAY BE TASK-ORDERED TO TNC BY THE COUNTY ADMINISTRATOR OR HIS DESIGNEE TO INCLUDE NEGOTIATION AND OTHER ACQUISITION-RELATED SERVICES ASSOCIATED WITH THE PURCHASE OF PROPERTIES IN UNIT 11, AND BIDDING ON BEHALF OF THE COUNTY FOR UNIT 11 AND/OR CONSERVATION LANDS THAT ARE OFFERED FOR SALE THROUGH THE TAX DEED PROCESS AS AUTHORIZED BY THE BOND REFERENDUM ON LAND ACQUISITION FOR CONSERVATION PURPOSES. (AMENDS R-99-956-D) APPROVED 12-7-99
3.M. PARKS AND RECREATION
a. DOCUMENT R-99-2332-D
AGREEMENT WITH THE CITY OF BELLE GLADE FOR $5,415 TO FUND EXHIBIT IMPROVEMENTS AT THE LAWRENCE E. WILL MUSEUM. APPROVED 12-7-99
b. BUDGET TRANSFER 2000-0184
BUDGET TRANSFER OF $2,419 WITHIN THE PARK IMPROVEMENT FUND FROM RESERVES FOR DISTRICT 6 TO THE LAWRENCE E. WILL MUSEUM, BELLE GLADE. (SEE R-99-2332-D) APPROVED 12-7-99
3.M.2. DOCUMENT R-99-2333-D
INTERLOCAL LEASE AGREEMENT BETWEEN THE SOLID WASTE AUTHORITY (SWA) AND THE LANTANA LANDFILL GOLF COURSE AND PARK. THE 25-YEAR LEASE OF THE SWA'S FORMER LANTANA LANDFILL PROPERTY PROVIDES THE COUNTY WITH SUFFICIENT LAND ON WHICH TO DEVELOP AND OPERATE AN 18-HOLE GOLF COURSE FACILITY THAT WILL BE DESIGNED TO ACCOMMODATE THE NEEDS OF JUNIOR GOLFERS IN THE CENTRAL COUNTY AREA. THIS AGREEMENT ALSO CALLS FOR THE COUNTY TO PAY THE SWA TO PERFORM THE DESIGN, PERMITTING, AND CONSTRUCTION OF THE GOLF COURSE AND PARK FACILITIES, IN ORDER TO ENABLE THE SWA TO MAINTAIN ITS IMPROVEMENTS AND PERMIT REQUIREMENTS THROUGHOUT THE LIFE OF THE LEASE. APPROVED 12-7-99
a. DOCUMENT R-99-2334-D
AGREEMENT WITH THE BOYS & GIRLS CLUBS OF PALM BEACH COUNTY, INC., FOR NOT-TO-EXCEED $7,500 TO PURCHASE AN AFTER-SCHOOL ACTIVITY BUS FROM JULY 20, 1999 TO NOVEMBER 30, 1999. APPROVED 12-7-99
b. BUDGET TRANSFER 2000-0183
BUDGET TRANSFER OF $7,500 WITHIN THE PARK IMPROVEMENT FUND FROM RESERVES FOR DISTRICT 6 TO BOYS & GIRLS CLUBS/ACTIVITY BUS. (SEE R-99-2334-D) APPROVED 12-7-99
3.M.4. DOCUMENT R-99-2335-D
AGREEMENT WITH MICHIGAN RENAISSANCE FESTIVAL CORPORATION FOR USE OF PORTIONS OF JOHN PRINCE PARK TO HOLD A RENAISSANCE FESTIVAL ON FEBRUARY 11-13 AND FEBRUARY 18-21, 2000. ADDITIONAL DATES ARE REQUESTED TO INCLUDE SETUP AND BREAKDOWN OF THE EVENT, BUT ACTIVITIES ON THESE ADDITIONAL DATES WILL NOT HAVE AN IMPACT ON THE REGULAR PARK PATRONS, AND THE PARK WILL REMAIN OPEN TO THE PUBLIC AT THOSE TIMES. THE CORPORATION SHALL PAY ALL COSTS RELATED TO THE FESTIVAL, INCLUDING A SPECIAL EVENT FEE OF $70, A SECURITY DEPOSIT OF $5,000, AND A GUARANTEED DONATION OF $12,000, OR 5 PERCENT OF GATE RECEIPTS, WHICHEVER IS GREATER, TO THE PARKS AND RECREATION DEPARTMENT SPECIAL EVENT REVENUE ACCOUNT. ALL COSTS ASSOCIATED WITH THE EVENT THAT ARE INCURRED BY COUNTY WILL BE FULLY REIMBURSED BY THE CORPORATION. APPROVED 12-7-99
3.N. LIBRARY - None
3.P. COOPERATIVE EXTENSION SERVICE - None
3.Q. CRIMINAL JUSTICE COMMISSION
a. BUDGET AMENDMENT 99-1393
BUDGET AMENDMENT OF $16,045 IN THE GENERAL FUND TO BRING FORWARD BALANCE AND REESTABLISH BUDGET FOR THE REIMBURSEMENT OF ELIGIBLE 1997-1999 LOCAL LAW ENFORCEMENT BLOCK GRANT EXPENSES INCURRED IN FISCAL YEAR 99 FOR THE SHERIFF'S JUVENILE ASSESSMENT CENTER. APPROVED 12-7-99
b. BUDGET AMENDMENT 99-1394
BUDGET AMENDMENT OF $16,045 IN THE COUNTY'S TWO-FISCAL-YEAR (1997-98 AND 1998-99) LOCAL LAW ENFORCEMENT BLOCK GRANT FUND TO BRING FORWARD BALANCE AND REESTABLISH BUDGET FOR THE REIMBURSEMENT OF ELIGIBLE 1997-1999 LOCAL LAW ENFORCEMENT BLOCK GRANT EXPENSES INCURRED IN FISCAL YEAR 99 FOR THE SHERIFF'S JUVENILE ASSESSMENT CENTER. APPROVED 12-7-99
c. BUDGET AMENDMENT 99-1395
BUDGET AMENDMENT OF $16,045 IN THE SHERIFF'S GRANT FUND TO BRING FORWARD BALANCE AND REESTABLISH BUDGET FOR THE REIMBURSEMENT OF ELIGIBLE 1997-1999 LOCAL LAW ENFORCEMENT BLOCK GRANT EXPENSES INCURRED IN FISCAL YEAR 99 FOR THE SHERIFF'S JUVENILE ASSESSMENT CENTER. APPROVED 12-7-99
3.R. EMPLOYEE RELATIONS AND PERSONNEL - None
3.S. FIRE-RESCUE - None
3.T. HEALTH DEPARTMENT - None
3.U. INFORMATION SYSTEM SERVICES
3.U.1. DOCUMENT R-99-2336-D
AMENDMENT 2 TO THE AGREEMENT WITH ANALYTICAL SURVEYS, INC. (ASI), INCREASING THE CONTRACT BY $214,000 TO A TOTAL AMOUNT OF $570,561 AND EXTENDING THE CONTRACT PERIOD THROUGH JANUARY 13, 2002, WHICH WILL ALLOW COMPLETION OF THE SECOND PHASE OF UPDATES FOR MAINTAINING THE DIGITAL ORTHO PHOTOGRAPHY PORTION OF THE COUNTY'S GEOGRAPHICAL AND LAND INFORMATION SYSTEM (GIS/LIS) BASE MAP. IN COOPERATION WITH THE PROPERTY APPRAISER'S OFFICE, THE COUNTY IS INSTITUTING A THREE-YEAR UPDATE CYCLE FOR PHOTOGRAPHY. THIS AMENDMENT EXPENDS $167,730 OUT OF THE COUNTYWIDE GIS/LIS CAPITAL PROJECT AS PREVIOUSLY IDENTIFIED FOR THIS PURPOSE. THE PROPERTY APPRAISER'S OFFICE WILL COORDINATE FUNDING OF THE BALANCE OF THE UPDATE PHASE ($46,270) BY THE FLORIDA DEPARTMENT OF REVENUE. APPROVAL OF THIS AMENDMENT IS REQUESTED IN ORDER TO MEET OPTIMAL AERIAL PHOTOGRAPHY CONDITIONS EXPECTED OVER THE NEXT SEVERAL WEEKS. THE SCOPE OF WORK FOR THE CONTRACT HAS BEEN MODIFIED TO REFLECT THE RANGES, TOWNSHIPS, AND SECTIONS TO BE INCLUDED IN THIS UPDATE PHASE. (SEE R-99-1074-D) (AMENDS R-98-89-D) APPROVED 12-7-99
3.U.2. Moved to Regular Agenda, 5.A.4. See Pages 26-28.
3.V. METROPOLITAN PLANNING ORGANIZATION - None
3.W. PUBLIC AFFAIRS
3.W.1. See Page 39.
3.X. PUBLIC SAFETY
a. DOCUMENT R-99-2337-D
AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS TO RECEIVE $1.758 MILLION IN GRANT FUNDS FOR THE PURPOSE OF RETROFITTING EIGHT SCHOOLS TO SERVE AS HURRICANE SHELTERS. APPROVED 12-7-99
AUTHORIZATION FOR THE COUNTY ADMINISTRATOR OR HIS DESIGNEE TO EXECUTE THE $1.758 MILLION AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND ANY SUBSEQUENT AGREEMENTS OR MODIFICATIONS THAT DO NOT REQUIRE ADDITIONAL FUNDS NEEDED TO IMPLEMENT THE PROGRAM FOR RETROFITTING EIGHT SCHOOLS TO SERVE AS HURRICANE SHELTERS. (SEE R-99-2337-D) APPROVED 12-7-99
c. BUDGET AMENDMENT 2000-0174
BUDGET AMENDMENT OF $1.758 MILLION IN THE GENERAL FUND TO ESTABLISH BUDGET FOR RETROFITTING EIGHT SCHOOLS TO SERVE AS HURRICANE SHELTERS. (SEE R-99-2337-D) APPROVED 12-7-99
3.Y. PURCHASING - None
3.Z. RISK MANAGEMENT - None
3.AA. PALM TRAN - None
3.BB. COURT ADMINISTRATION
a. DOCUMENT R-99-2338-D
RECEIVE AND FILE A FULLY EXECUTED GRANT-IN-AID AGREEMENT FOR $68,533 WITH THE OFFICE OF THE STATE COURTS ADMINISTRATOR TO FUND THE CIVIL TRAFFIC INFRACTION HEARING OFFICER PROGRAM FROM JULY 1, 1999, THROUGH JUNE 30, 2000. THE AGREEMENT REQUIRES AN IN-KIND MATCH OF $68,533 FROM THE COUNTY. APPROVED 12-7-99
b. BUDGET AMENDMENT 2000-0149
BUDGET AMENDMENT OF $68,533 IN THE GENERAL FUND TO REFLECT A GRANT FROM THE STATE COURTS ADMINISTRATOR AND AN IN-KIND MATCH OF $68,533 FROM THE COUNTY TO FUND THE CIVIL TRAFFIC INFRACTION HEARING OFFICER PROGRAM. (SEE R-99-2338-D) APPROVED 12-7-99
a. DOCUMENT R-99-2339-D
VICTIMS OF CRIME ACT (VOCA) AGREEMENT WITH THE FLORIDA ATTORNEY GENERAL FOR $23,000 TO FUND THE GUARDIAN AD LITEM PROGRAM--FIFTEENTH JUDICIAL CIRCUIT FOR OCTOBER 1, 1999, THROUGH SEPTEMBER 30, 2000. THE AGREEMENT REQUIRES A $5,750 IN-KIND MATCH FROM THE COUNTY. APPROVED 12-7-99
b. BUDGET AMENDMENT 2000-0220
BUDGET AMENDMENT OF $7,000 IN THE GENERAL FUND TO ADJUST THE FLORIDA ATTORNEY GENERAL'S GRANT AWARD FOR THE GUARDIAN AD LITEM PROGRAM FROM $30,000 TO $23,000. (SEE R-99-2339-D) APPROVED 12-7-99
3.BB.3. DOCUMENT R-99-2340-D
VICTIMS OF CRIME ACT (VOCA) AGREEMENT WITH THE FLORIDA ATTORNEY GENERAL FOR $17,600 TO FUND THE FAMILY CONNECTION PROGRAM--FIFTEENTH JUDICIAL CIRCUIT FOR OCTOBER 1, 1999, THROUGH SEPTEMBER 30, 2000. THE AGREEMENT REQUIRES A $4,400 IN-KIND MATCH FROM THE COUNTY. APPROVED 12-7-99
3.CC.1. BUDGET AMENDMENT 2000-0252
BUDGET AMENDMENT OF $523,821 IN THE GENERAL FUND FOR TWO SHERIFF'S PATROL CONTRACTS: ONE WITH THE TOWN OF HYPOLUXO FOR $312,233 TO PROVIDE FIVE FULL-TIME DEPUTY SHERIFFS FOR OCTOBER 1, 1999, THROUGH SEPTEMBER 30, 2004; AND ONE WITH THE VILLAGE OF WELLINGTON FOR $211,588 TO PROVIDE FOUR FULL-TIME PERSONNEL FOR OCTOBER 1, 1999, THROUGH SEPTEMBER 30, 2001. NO COUNTY FUNDS ARE REQUIRED. APPROVED 12-7-99
MOTION to approve the Consent Agenda as amended. Motion by Commissioner Marcus, seconded by Commissioner Aaronson, and carried 7-0.
***** THIS CONCLUDES THE CONSENT AGENDA *****
4. SPECIAL PRESENTATIONS - 9:30 A.M.
PROCLAMATION DECLARING DECEMBER 15, 1999, AS BILL OF RIGHTS DAY. PRESENTED 12-7-99
PROCLAMATION DECLARING DECEMBER 17, 1999, AS ANIMAL RIGHTS DAY. PRESENTED 12-7-99
PROCLAMATION DECLARING DECEMBER 6, 1999, AS IT'S ALL ABOUT THE ORANGE DAY. PRESENTED 12-7-99
CERTIFICATE OF CONGRATULATIONS TO SASCHA GROTHE IN RECOGNITION OF BEING SELECTED AS A FINALIST IN THE DISCOVERY YOUNG SCIENTIST CHALLENGE. PRESENTED 12-7-99
CERTIFICATE OF APPRECIATION TO STANLEY DAVIDSON FOR HIS HELP IN HAVING MAJESTIC ISLES CERTIFIED AS A FLORIDA YARD COMMUNITY. PRESENTED 12-7-99
(CLERK'S NOTE: Items 4.F., 4.G., and 4.H. were postponed because the recipients were not present.)
PROCLAMATION DECLARING JANUARY 7-23, 2000, AS MARTIN LUTHER KING, JR., LANDMARK MEMORIAL 2000 DAYS. PRESENTED 12-7-99
5. REGULAR AGENDA
DIRECTION ON THE REPORT RECEIVED FROM THE PALM BEACH COMMUNITY COLLEGE (PBCC) FOUNDATION ON THE OCCUPANCY STATUS OF PANTHER PARK. THE STUDENT HOUSING POLICY ADOPTED BY THE BOARD ON NOVEMBER 24, 1998, PERMITTED THE FOUNDATION TO CONTINUE THE RENTAL STATUS OF 60 PERCENT PBCC STUDENTS AND UP TO 40 PERCENT RENTALS TO NON-STUDENTS. THE BOARD ALSO REQUIRED ESTABLISHMENT OF A WAITING LIST OF PBCC STUDENTS, A REDUCTION IN THE 40 PERCENT CAP, AND A RETURN TO THE BOARD FOR REVIEW IN ONE YEAR. OCCUPANCY IS CURRENTLY REPORTED AS 59 PERCENT PBCC STUDENTS AND 41 PERCENT NON-STUDENTS. DISCUSSED WITH DIRECTION 12-7-99
MOTION to accept the report and require further review in one year. Motion by Commissioner Newell, seconded by Commissioner Masilotti, and carried 7-0.
5.A.2. BUDGET TRANSFER 2000-0192
BUDGET TRANSFER OF $10,739 FROM GENERAL FUND CONTINGENCY TO LEGAL SETTLEMENTS TO FUND THE GENERAL FUND SHARE OF THE PETROLEUM PRODUCTS CORPORATION SUPERFUND SITE SETTLEMENT. APPROVED 12-7-99
MOTION to approve the budget transfer. Motion by Commissioner Newell, seconded by Commissioner Masilotti, and carried 7-0.
5.A.3. BUDGET TRANSFER 2000-0151
BUDGET TRANSFER OF $13,333 FROM GENERAL FUND CONTINGENCY RESERVE TO OTHER CONTRACTUAL SERVICES TO FUND THE FINAL QUARTERLY PAYMENT FOR A CONTRACTUAL SERVICES AGREEMENT WITH THE SMALL BUSINESS DEVELOPMENT CENTER AT FLORIDA ATLANTIC UNIVERSITY. APPROVED 12-7-99
MOTION to approve the budget transfer. Motion by Commissioner Roberts, seconded by Commissioner Aaronson, and carried 7-0.
5.A.4. See Pages 26-28.
REORDER THE AGENDA
MOTION to reorder the Agenda to consider Items 5.B.1., 5.B.2., 5.B.3., and 5.C.1. Motion by Commissioner Aaronson, seconded by Commissioner Masilotti, and carried 7-0.
5.B. COUNTY ATTORNEY
FINAL SETTLEMENT, INCLUSIVE OF ATTORNEY FEES AND COSTS, IN THE TOTAL AMOUNT OF $20,612 OF THE DEPARTMENT OF AIRPORT'S CLAIM FOR OUTSTANDING PASSENGER FACILITY CHARGES IN THE CHAPTER 11 BANKRUPTCY PROCEEDING AGAINST PAN AMERICAN AIRWAYS CORPORATION, CASE 98-11618-BKC-AJC IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF FLORIDA. BEFORE FILING ITS PETITION FOR CHAPTER 11 BANKRUPTCY ON FEBRUARY 26, 1998, PAN AMERICAN AIRWAYS CORPORATION HAD COLLECTED PASSENGER FACILITY CHARGES FOR THE COUNTY'S BENEFIT FROM PAYING PASSENGERS WHO BOARDED ITS AIRCRAFT AT PALM BEACH INTERNATIONAL AIRPORT. CERTAIN OF THE FEES THAT PAN AM HAD COLLECTED WERE OUTSTANDING AT THE TIME OF FILING, FOR WHICH THE COUNTY FILED A CLAIM. APPROVED 12-7-99
MOTION to approve the settlement. Motion by Commissioner Roberts, seconded by Commissioner Aaronson, and carried 7-0.
5.B.2. RESOLUTION R-99-2341
RESOLUTION APPROVING THE ISSUANCE OF AN AMOUNT NOT TO EXCEED $7 MILLION IN HOUSING FINANCE AUTHORITY MULTIFAMILY HOUSING REVENUE BONDS (PRESIDENTIAL APARTMENTS PROJECT), SERIES 2000, OR ANY OTHER DESIGNATED SERIES. THE BONDS ARE BEING ISSUED BY THE AUTHORITY TO FINANCE THE COSTS OF ACQUIRING, CONSTRUCTING, AND EQUIPPING A 132-UNIT MULTIFAMILY RENTAL HOUSING DEVELOPMENT TO BE OCCUPIED BY SENIORS OF LOW OR MODERATE INCOME AS REQUIRED WITHIN THE MEANING OF THE INTERNAL REVENUE CODE. 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. ADOPTED 12-7-99
MOTION to adopt the resolution. Motion by Commissioner Masilotti, seconded by Commissioner Aaronson, and carried 7-0.
5.B.3. RESOLUTION R-99-2342
RESOLUTION APPROVING THE ISSUANCE OF AN AMOUNT NOT TO EXCEED $13.1 MILLION IN HOUSING FINANCE AUTHORITY MULTIFAMILY HOUSING REVENUE BONDS (SADDLEBROOK APARTMENTS PROJECT), SERIES 2000, OR ANY OTHER DESIGNATED SERIES. THE BONDS ARE BEING ISSUED BY THE AUTHORITY TO FINANCE THE COSTS OF ACQUIRING, CONSTRUCTING, AND EQUIPPING A 230-UNIT MULTIFAMILY RENTAL HOUSING DEVELOPMENT TO BE OCCUPIED BY PERSONS OF LOW OR MODERATE INCOME AS REQUIRED WITHIN THE MEANING OF THE INTERNAL REVENUE CODE. 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. ADOPTED 12-7-99
MOTION to adopt the resolution. Motion by Commissioner Aaronson, seconded by Commissioner Roberts, and carried 7-0.
5.C. PUBLIC AFFAIRS
PROPOSED PUBLIC EDUCATION PLAN FOR THE COMPLETE COUNT COMMITTEE CENSUS 2000 OUTREACH. THE PRIMARY PURPOSE OF THIS PLAN IS TO EDUCATE THE PUBLIC ABOUT AND ENCOURAGE PARTICIPATION IN THE YEAR 2000 FEDERAL CENSUS. APPROVED 12-7-99
b. BUDGET TRANSFER 2000-0182
BUDGET TRANSFER OF $53,800 FROM THE GENERAL FUND CONTINGENCY TO PUBLIC AFFAIRS TO FUND IMPLEMENTATION OF THE PUBLIC EDUCATION PLAN FOR THE COMPLETE COUNT COMMITTEE CENSUS 2000 OUTREACH. PUBLIC AFFAIRS IS NOT BUDGETED FOR THIS PROGRAM; IN ORDER TO FULFILL THE PLAN, THE COMMITTEE IS REQUESTING $53,800 FROM THE GENERAL FUND CONTINGENCY, TO BE LEVERAGED 300 PERCENT WITH IN-KIND CONTRIBUTIONS, WHICH ARE ESTIMATED AT $169,200. APPROVED 12-7-99
MOTION to approve the plan and the budget transfer. Motion by Commissioner Roberts, seconded by Commissioner Marcus, and carried 7-0.
PURCHASE OF TWO IBM RS/6000 MODEL S80 COMPUTERS TO BE USED AS PRIMARY AND BACKUP SERVERS FOR THE CIVIL INFORMATION SYSTEM (CIVIS) AND JUVENILE COURTS INFORMATION SYSTEM AT A TOTAL COST OF $781,130. THESE COMPUTERS WILL BE USED AS THE SERVER PLATFORM FOR CIVIS AND OTHER JUSTICE INFORMATION SYSTEMS (JIS) APPLICATIONS. STAFF'S RECOMMENDATION TO PROCEED WITH THE SERVER ACQUISITION WAS APPROVED BY THE JIS POLICY BOARD DURING ITS MEETING OF NOVEMBER 10, 1999. (SEE R-99-1074-D) APPROVED 12-7-99
MOTION to approve the purchase. Motion by Commissioner Masilotti and seconded by Commissioner Roberts.
Clerk of Circuit Court Dorothy H. Wilken advised the Board not to approve the purchase for three reasons:
County Administrator Weisman responded, reminding the Board that the request for the purchase came, not from staff, but from the JIS Policy Board. The Clerk, he asserted, had bought computers with excess capacity back in 1997 and was now seeking to find uses for that excess capacity. The Clerk was also seeking to place blame on the board for that inappropriate purchase, he alleged.
Commissioner Masilotti inquired about the possibility of the County purchasing the Clerk's computer system. Mr. Weisman explained that the Clerk's own applications are run on her computers, which would not allow the County to appropriate them for running the CIVIS application. Commissioner Masilotti then asked how other clerks of court in the state were managing the issue of custody of records as their respective record-keeping systems became computerized. Steve Bordelon, director of Information Systems Services, answered that his agency had maintained the records for the courts in the County for the past 15-20 years. In most of the larger counties, he continued, the clerks of court do not maintain the records. Rather, records are maintained by a central information technology agency, under the direction of the boards of county commissioners. Ms. Wilken countered by saying of the 67 counties in the state, only three have cooperative arrangements under which the clerk of courts is not in charge of the court records. Mr. Bordelon insisted Ms. Wilken's information was incorrect.
Commissioner Masilotti asked whether there would be any benefit in postponing the approval until the Attorney General had issued an opinion. Mr. Weisman suggested that the issue would probably not be settled, finally, even when the opinion was delivered. Further, Mr. Weisman said, the contractual arrangement with IBM made it necessary for the Board to approve the purchase now. Mr. Bordelon said IBM had provided the equipment at no cost to the County for 90 days, which had been extended to well over five months. IBM now required a commitment, which staff had delayed requesting for as long as possible as a result of the controversy raised by the Clerk.
Commissioner Aaronson asked Mr. Weisman to prepare a letter to the Attorney General for the Chair's signature that requested an expeditious opinion on the issue.
Commissioner Roberts asked for comments by the IBM representative, Randall Baker, who said the equipment had been on site since June 16, 1999. The six-month date for beginning the calculation of depreciation would be December 15, 1999, which left IBM with no leeway under the rules of the federal Financial Accounting Standards Board. IBM had extended the arrangement for as long as it possibly could, assuming good faith on the party of the County in proceeding with the purchase. Mr. Baker said he believed the equipment would have to be removed if there was no approval of the recommendation to purchase.
Commissioner Aaronson then said he would request an opinion by December 14, 1999, and called for a motion to approve the purchase.
MOTION to move forward with the request for an opinion from the Attorney General. Motion by Commissioner Roberts and seconded by Commissioner Masilotti.
SUBSTITUTE MOTION to approve the purchase. Motion by Commissioner Marcus and seconded by Commissioner McCarty.
Mr. Weisman said that the expenditures to date on software had been made with these particular IBM computers in mind. To do anything but approve the purchase of the IBM RS/6000 Model S80 would be wasteful.
UPON CALL FOR A VOTE, the motion carried 7-0.
Commissioner Aaronson said he still thought it useful to write the Attorney General as recommended earlier. Commissioner Masilotti expressed his agreement on that matter. Chief Deputy County Attorney Gordon P. Selfridge reminded the Board that it had not yet seen the language of the Clerk's request for an opinion from the Attorney General. Commissioner Aaronson asked Mr. Selfridge to obtain a copy of the Clerk's request and draft a letter for the Chair's signature requesting an expedited opinion from the Attorney General. Ms. Wilken expressed surprise that the County Attorney had not already requested a copy of the letter.
(CLERK'S NOTE: See Item 8.B.1., Page 45.)
(CLERK'S NOTE: Commissioner Marcus left the meeting.)
SUBMISSION TO THE PALM BEACH COUNTY LEGISLATIVE DELEGATION OF A BILL TO CODIFY LIBRARY LEGISLATION FOR THE LIBRARY TAXING DISTRICT. THE DRAFT BILL INCORPORATES THREE EXISTING SPECIAL ACTS. SUBSTANTIVE CHANGES HAVE BEEN MADE REGARDING THE NUMBER OF ADVISORY BOARD MEMBERS, CLARIFICATION OF FUNDING FOR CAPITAL IMPROVEMENTS, AND REQUIREMENTS FOR A MUNICIPALITY TO JOIN THE DISTRICT. APPROVED 12-7-99
MOTION to approve the submission. Motion by Commissioner Masilotti, seconded by Commissioner Roberts, and carried 6-0. Commissioner Marcus absent.
5.E.1. See Pages 35-36.
5.F. WATER UTILITIES
CONTRACT WITH UNITED ENGINEERING CORPORATION FOR CONSTRUCTION OF THE WATER TREATMENT PLANT 9 TRANSMISSION MAINS IN THE AMOUNT OF $10,850,020 FOR THE CONSTRUCTION OF OFF-SITE RAW WATER, POTABLE WATER, DOMESTIC WASTEWATER, AND MEMBRANE CONCENTRATE TRANSMISSION MAINS. LANZO CONSTRUCTION COMPANY, THE SECOND LOW BIDDER, FILED A FORMAL BID PROTEST WITH THE COUNTY STATING THAT UNITED ENGINEERING CORPORATION DID NOT MEET THE COUNTY'S MINIMUM QUALIFICATIONS. ON NOVEMBER 10 AND 15, 1999, A FORMAL BID PROTEST HEARING WAS CONVENED, AND THE PROTEST COMMITTEE UPHELD THE RECOMMENDATION OF THE DIRECTORS OF PURCHASING AND WATER UTILITIES TO AWARD THE CONTRACT TO UNITED ENGINEERING. APPROVED REBID OF CONTRACT WITH DIRECTION 12-7-99
MOTION to approve the contract. Motion by Commissioner Roberts and seconded by Commissioner Newell.
Gary Dernlan, director of Water Utilities, pointed out to the Board that all of the charges made by Lanzo Construction Company against United Engineering Corporation were found to be without merit.
Commissioner Aaronson questioned the use of the phrase "potential savings" in connection with the award to United Engineering Corporation. He also asked about the company's bonding capacity, its capitalization, and its completion rate, suggesting the last information may have been misrepresented. As a result, Commissioner Aaronson said, he would have to vote either for rebidding the contract or for awarding to the second low bidder in order to maintain the integrity of the Request for Proposal (RFP) process.
Assistant County Administrator Jean Creamer explained that the project had been treated as a competitive bid, rather than a RFP or a bid under the Consultants Competitive Negotiations Act. Therefore, performance could not be given additional weight. Mr. Dernlan explained that several of the principals of United Engineering had an affiliation with The Tower Group. That affiliation, along with their personal net worth, accounted for the high bonding capacity of United Engineering in the face of the corporation's relative low experience and net worth.
Commissioner Roberts questioned the RFP process, claiming this sort of questionable award had taken place in the past. She was tired, she said, of sitting through bid approvals only to learn that staff had "screwed up."
County Administrator Weisman insisted that there had been no staff error. He said the Board could rebid the contract if it found fault with the specifications. There had been no problem with the process, he maintained.
Commissioner Masilotti asked why United Engineering's response to the question concerning project completion, which was "inadvertently" incorrect by the company's own admission, was not grounds for awarding the contract to the second low bidder. Assistant County Attorney Donna Raney explained that the information in the corporate brochure included the names of the primary contractors under whose direction United Engineering Corporation had completed the reported projects. This allowed the Protest Committee to view the information without prejudice, she said.
Commissioner McCarty called for consistency throughout the County's bid process, insisting that each department should evaluate particular items of information in the same light. She also took exception to United Engineering's having hired additional lobbyists in an attempt to influence the Board's vote.
Tony Burke, Ron Kolins, and Tom Sheehan, all urged the Board to award the contract to United Engineering Corporation. David Elder insisted that the award should go to Lanzo Construction.
SUBSTITUTE MOTION to rebid the contract. Motion by Commissioner Aaronson, seconded by Commissioner Masilotti, and carried 5-1. Commissioner McCarty opposed, Commissioner Marcus absent.
Commissioner Roberts questioned the makeup of the bid protest committee and suggested that including special masters would be useful. She asked Mr. Weisman to return to the Board with suggestions on expanding the membership of the committee. Commissioner McCarty agreed that including a special master would be helpful.
5.G.3. See Page 35.
5.H.1. See Page 36.
5.H.2. See Page 36.
5.H.3. See Page 37.
5.J.1. See Page 38.
TIME CERTAIN 11:00 A.M.
PRELIMINARY READING AND ADVERTISE FOR PUBLIC HEARING ON DECEMBER 21, 1999, AN ORDINANCE AMENDING CHAPTER 16, ARTICLE III OF THE COUNTY CODE, PERTAINING TO BURGLAR ALARMS (ORDINANCE 88-8), PROVIDING FOR SHORT TITLE; PROVIDING FOR PURPOSE; PROVIDING DEFINITIONS; REQUIRING ALARM PERMITS; FEE AND RENEWAL; PROVIDING FOR APPLICATION OF ALARM PERMIT, EMERGENCY NOTIFICATION AND REPORTING SERVICE INFORMATION; PROVIDING FOR NECESSARY ITEMS FOR ALARM SYSTEMS TO OPERATE; PROVIDING FOR RESPONSE TO ALARM AND DETERMINATION OF VALIDITY; PROVIDING FOR APPEALS; PROVIDING FOR FEE ASSESSMENT FOR ALARM USER PERMITS; PROVIDING FOR VERIFICATION OF VALID ALARM ACTIVATIONS BY ALARM COMPANIES; PROHIBITING AUTOMATIC TELEPHONE DIALING ALARM SYSTEMS; PROVIDING FOR EFFECTIVE AREA; PROVIDING FOR LIMITATION OF LIABILITY; PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. APPROVED AS AMENDED 12-7-99
MOTION to approve the preliminary reading and advertise for public hearing on December 21, 1999. Motion by Commissioner Masilotti and seconded by Commissioner McCarty.
Patrick Kenney of the Sheriff's Office Law Enforcement Unit outlined the changes in the ordinance for the Board, proposed by the Burglar Alarm Committee, which included the following:
Commissioner Aaronson objected to characterizing alarms caused by power outages as false alarms. Staff explained that the standard three-hour battery backup prevented most false alarms caused by power outages. The clause was included, staff added, to address those customers who fail to maintain and replace their battery backups as necessary. Commissioner Aaronson also objected to having a Sheriff's Office employee act as the hearing officer in false-alarm incidents. Billy Riggs, director of administration for the Sheriff's Office, suggested that having a special master sit as hearing officer would be acceptable to the committee.
Commissioner Masilotti asked how alarms that frightened off perpetrators would be treated, since a deputy who responded to such an alarm might conclude, in the absence of an intruder, that this was a false alarm. Staff explained that, with a properly installed alarm system, the intruder would have to cause physical damage to the structure, e.g., a broken window or a jimmied door, in order for the alarm to sound.
Commissioner Newell asked how the public could be helped to understand that higher fees resulted from substandard performance of their respective alarm companies, rather than from passage of the revised ordinance. Staff repeated the point made earlier that both the alarm companies and the Sheriff's Office would publish false-alarm rates, along with the resulting renewal fee amount.
Bernie Fox, Roy Pollack, Ronald Walters, and Bill Zeller all opposed revision of the ordinance. Mr. Walters maintained that, in light of the extremely low false-alarm rate in the County, no revisions were necessary. He also pointed out that gated communities with private security should not be burdened by the fee structure of the proposed ordinance since they did not rely on the Sheriff's Office for protection.
Mr. Zeller suggested that use of an alarm system was a social cost, similar to the taxes paid by residents without children for support of public education or for the maintenance of parks by those who choose not to use them. He also criticized the dual-zone verification requirement of the proposed ordinance, saying that a second verification created a dangerous situation for the user.
Mr. Pollock pointed out that, since 1996, the Sheriff's Office has gathered figures that demonstrate a continuing decrease in false alarms. He did say he supported the penalty for repeated false alarms, but otherwise found the proposed revisions excessive and unnecessary.
Mr. Fox said the revisions would work a special hardship on the smaller alarm companies in the County, as well as on residents with fixed incomes whose insurance rates would increase if they could not afford alarm service in a more competitive market. He also joined Mr. Zeller in objecting to the dual-zone verification requirement, characterizing it cumbersome and dangerous.
Commissioners Masilotti and Aaronson both questioned the effectiveness of requiring dual-zone verification after the second false alarm.
Burglar Alarm Committee member George Domenici summarized the Board's comments on the proposed amendments, listing four:
Commissioner Roberts suggested that the Burglar Alarm Committee consider the four points before the scheduled public hearing on the amended ordinance on December 21, 1999. Commissioner Aaronson agreed, adding that representatives of the burglar alarm industry should work with the committee in order to ensure that their viewpoint was adequately represented.
At 1:08 p.m., the Chair declared a recess.
At 2:20 p.m., the Board reconvened with Commissioners Aaronson, McCarty, Marcus, and Newell present.
7. MATTERS BY THE PUBLIC - 2:00 P.M.
RECOGNITION OF THE BOARD BY THE PARTNERSHIP FOR AGING. DISCUSSED 12-7-99
Mary Barnes, legislative chairperson for the Partnership for Aging, presented the Board with a plaque to thank them for allowing the 1999 Legislative Forum to be televised on Channel 20.
(CLERK'S NOTE: Commissioners Lee and Masiloti joined the meeting.)
SELECTION OF COACHING STAFF AT NORTH COUNTY AQUATIC COMPLEX. DISCUSSED 12-7-99
Michele Canney, Giovanna Christian, Kaitlin Christian, Veronica Ciaramella, Francesca Flit, Michael Flit, and Andrea Holtz all urged the Board to give every consideration to the long-term success of the Sea Dragons Swimming Club at the North County Aquatic Complex in awarding contracts to the swimming coaches. The speakers hoped the incumbent coaches would be awarded continuing contracts.
Assistant County Administrator Creamer explained that the increasing dollar amount of the contracts made it no longer possible to choose coaching staff on the informal basis that had been used in the past. A Request for Proposal had become necessary in the case of the swimming coaches at the North County Aquatic Complex, she said. The focus of the selection process would be on qualifications and experience, Ms. Creamer concluded.
COMPLAINT ABOUT ERADICATION OF EXOTIC SPECIES. DISCUSSED 12-7-99
Barbara Susco complained about what she characterized as the heavy-handed tactics of Environmental Resources Management staff in investigating eradication of exotic species on private property.
REMOVAL OF CHAIRPERSON FROM CONSERVATION LANDS ACQUISITION SELECTION COMMITTEE (CLASC). DISCUSSED 12-7-99
Barbara Susco recommended the removal of Joanne Davis as chairperson of the Conservation Lands Acquisition Selection Committee (CLASC), claiming that Ms. Davis did not have property owners' rights sufficiently in mind.
WILLING SELLER AND GOVERNMENT PROPERTY ACQUISITION TACTICS. DISCUSSED 12-7-99
Barbara Susco challenged the notion of the "willing seller," saying that such sellers were in fact created by government regulation, inverse condemnation, and intimidation.
REQUEST FOR LICENSE TO OPERATE PET CARE FACILITY. DISCUSSED 12-7-99
Sarah Zolten said she had been advised to appear before the Board in her effort to obtain a license to operate a dog day care facility. County Administrator Weisman spoke privately with the applicant.
(CLERK'S NOTE: See Agenda Item 8.A.1., page 44.)
COST OF CHANNEL 20 VIDEO CASSETTE RECORDERS. DISCUSSED 12-7-99
Ed McJobian defended the cost of the video cassette recorders purchased for use by Channel 20.
CHANNEL 20 BROADCASTS OF WEATHER INFORMATION DURING HURRICANE EMERGENCIES. DISCUSSED 12-7-99
Ed McJobian said he had been informed by staff at the Emergency Operations Center that Channel 20 would be broadcasting emergency information during hurricanes, as he had suggested earlier.
REMOVAL OF PRIVATE SIGNS FROM THE ROADWAYS IN SOUTHWEST BOCA RATON. DISCUSSED 12-7-99
Ed McJobian thanked County staff for removing the private signs that had been placed illegally in the medians and along the roads in southwest Boca Raton. He suggested that the Board regulate such signs by addressing them in an anti-littering ordinance.
(CLERK'S NOTE: Commissioner Roberts joined the meeting.)
5.E. PARKS AND RECREATION
TIME CERTAIN 2:15 P.M.
REQUEST FROM THE TOWN OF HIGHLAND BEACH THAT THE COUNTY SELL THE 5.6-ACRE MILANI PROPERTY IN LIEU OF DEVELOPING IT FOR A PUBLIC BEACH PARK. DENIED 12-7-99
Tom Reid, mayor of the Town of Highland Beach, explained to the Board the reasons so many residents of the town oppose the development of the Milani property as a beach park:
Mayor Reid suggested that the Board create an archaeological park rather than a beach at the site. Leaving the site in its current state would save the County an estimated $15-20 million, Mr. Reid proposed. Another suggestion was to build the entire beach park on the east side of A1A, leaving the west side as it is or selling that part of the property to offset the costs of developing the eastern portion.
Staff and the Board responded by saying that none of the problems mentioned was insurmountable. Commissioner Masilotti urged the residents of Highland Beach to become involved with the County as plans for the Milani property evolved.
Jason Finkel, Arthur Juceam, Richard Meagher, Sgt. Mitch Rieger of the Highland Beach Police Department, and Joseph Yucht all expressed opposition to the plan to develop the Milani property as a beach park.
(CLERK'S NOTE: Commissioners Marcus and Masilotti left the meeting.)
MOTION to DENY the request. Motion by Commissioner Roberts, seconded by Commissioner Aaronson, and carried 5-0. Commissioners Marcus and Masilotti absent.
5.G. FACILITIES DEVELOPMENT AND OPERATIONS
5.G.3. RESOLUTION R-99-2343
RESOLUTION SUPPORTING THE ALLOCATION, PURSUANT TO SECTION 318.21 (10), FLORIDA STATUTES, OF A PORTION OF THE $12.50 COLLECTED FOR EACH MOVING TRAFFIC VIOLATION FOR THE BENEFIT OF THE MUNICIPALITIES IN ORDER TO SUPPORT AND ENCOURAGE EFFORTS TO CREATE A COUNTYWIDE INTEROPERABLE PUBLIC SAFETY RADIO COMMUNICATION SYSTEM. ADOPTED 12-7-99
MOTION to adopt the resolution. Motion by Commissioner Roberts, seconded by Commissioner McCarty, and carried 5-0. Commissioners Marcus and Masilotti absent.
5.H. PLANNING, ZONING AND BUILDING
PRELIMINARY READING AND ADVERTISE FOR PUBLIC HEARING ON DECEMBER 21, 1999, AT 9:30 A.M., AN ORDINANCE REPEALING ORDINANCE 96-45, AND ADOPTING THE NATIONAL ELECTRICAL CODE, 1999 EDITION. APPROVED 12-7-99
MOTION to approve the preliminary reading and advertise for public hearing on December 21, 1999, at 9:30 a.m. Motion by Commissioner Roberts, seconded by Commissioner Aaronson, and carried 5-0. Commissioners Marcus and Masilotti absent.
PRELIMINARY READING AND ADVERTISE FOR PUBLIC HEARING ON DECEMBER 21, 1999, aAT 9:30 A.M., AN ORDINANCE REPEALING ORDINANCE 96-46, AND ADOPTING THE PALM BEACH COUNTY AMENDMENTS TO THE NATIONAL ELECTRIC CODE, 1999 EDITION. APPROVED 12-7-99
MOTION to approve the preliminary reading and advertise for public hearing on December 21, 1999, at 9:30 a.m. Motion by Commissioner Roberts, seconded by Commissioner McCarty, and carried 5-0. Commissioners Marcus and Masilotti absent.
(CLERK'S NOTE: Commissioner Marcus rejoined the meeting.)
USE OF CODE ENFORCEMENT FINES AS A PARTIAL FUNDING SOURCE FOR CODE ENFORCEMENT OPERATIONS. THE FOLLOWING ALTERNATIVES ARE PRESENTED FOR CONSIDERATION IF THE BOARD DOES NOT APPROVE STAFF RECOMMENDATION. ALL THE ALTERNATIVES WILL HAVE AN ADVERSE AD VALOREM IMPACT: (a) ALLOCATE CODE ENFORCEMENT FINES THAT EXCEED THE CURRENT FISCAL YEAR BUDGETED AMOUNT IN THE FOLLOWING FISCAL YEAR AND ESTABLISH A SPECIAL ACCOUNT FOR THE ALLOCATION OF THESE FUNDS; (b) ALLOCATE CODE ENFORCEMENT FINES COLLECTED ON A CASE-BY-CASE BASIS TO MITIGATE SPECIAL IMPACTS TO COMMUNITIES; OR (c) ALLOCATE ALL CODE ENFORCEMENT FINES COLLECTED TO THE COMMISSION DISTRICT WHERE THE VIOLATION(S) OCCURRED. APPROVED 12-7-99
MOTION to approve the continued use of code enforcement fines as a partial funding source for Code Enforcement operations. Motion by Commissioner Roberts and seconded by Commissioner Aaronson.
(CLERK'S NOTE: Commissioner Masilotti rejoined the meeting.)
Ed McJobian urged the board to approve alternative (a).
Commissioner Newell recommended leaving the option open for future discussion of the issue while using the funds Countywide.
UPON CALL FOR A VOTE, the motion carried 7-0.
5.I. ENVIRONMENTAL RESOURCES MANAGEMENT
5.J. PUBLIC SAFETY
a. RESOLUTION R-99-2344
RESOLUTION CREATING THE VICTIM ADVOCACY ADVISORY COUNCIL. ADOPTED AS AMENDED 12-7-99
APPROVE THE 13 DESIGNATED AGENCIES AS MEMBERS OF THE VICTIM ADVOCACY COUNCIL: (1) STATE ATTORNEY'S OFFICE; (2) PUBLIC DEFENDER'S OFFICE; (3) COUNTY'S DOMESTIC COURT; (4) CHIEFS OF POLICE ASSOCIATION; (5) SHERIFF'S OFFICE; (6) DISTRICT OFFICE OF THE STATE OF FLORIDA DEPARTMENT OF CHILDREN & FAMILY SERVICES; (7) FARMWORKER COORDINATING COUNCIL OF PALM BEACH COUNTY; (8) PALM BEACH COUNTY DOMESTIC VIOLENCE COUNCIL; (9) PALM BEACH COUNTY HEALTH DEPARTMENT; (10) STATE OF FLORIDA DEPARTMENT OF CORRECTIONS; (11) PALM BEACH COUNTY HEALTH CARE DISTRICT; (12) FLORIDA ATTORNEY GENERAL'S WEST PALM BEACH OFFICE; AND (13) VICTIM OF VIOLENT CRIME (TO BE SELECTED BY THE FLORIDA ATTORNEY GENERAL'S OFFICE IN WEST PALM BEACH). (SEE R-99-2344) APPROVED AS AMENDED 12-7-99
MOTION to adopt the resolution and approve the designations. Motion by Commissioner Masilotti and seconded by Commissioner McCarty.
Commissioner McCarty suggested adding three at-large seats to the list in order to provide more constituent voices. Commissioner Masilotti agreed to change his motion to that effect. Commissioner Aaronson recommended adding a seat for clergy to the council, and Commissioner Newell recommended adding a Commissioner.
FIRST SUBSTITUTE MOTION to increase the membership to 15, consisting of a representative from each of the 13 designations above, plus one at-large member and one Commissioner. Motion by Commissioner Roberts and seconded by Commissioner Masilotti.
Commissioner McCarty suggested a council of 16 members and offered a motion to that effect.
SECOND SUBSTITUTE MOTION to increase the membership to 16, consisting of a representative from each of the 13 designations above, plus one at-large member, one Commissioner and one member of the clergy. Motion by Commissioner McCarty, seconded by Commissioner Aaronson, and carried 7-0.
TIME CERTAIN 11:00 A.M.
5.L.1. See Pages 31-33.
5.M. ENGINEERING AND PUBLIC WORKS
5.M.1. RESOLUTION R-99-2345
AMENDMENT 2 TO THE PUBLIC FACILITIES AGREEMENT WITH BREFRANK, INC., FOR THE 466.30-ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF FOREST HILL BOULEVARD AND STATE ROAD 7 (U.S. 441)--WELLINGTON GREEN DEVELOPMENT OF REGIONAL IMPACT (DRI), AKA WELLINGTON COMMONS DRI (PETITION 96-40[C]). (AMENDS R-99-329) ADOPTED 12-7-99
MOTION to adopt the resolution. Motion by Commissioner Roberts, seconded by Commissioner Newell, and carried 7-0.
ITEM PULLED FROM CONSENT AGENDA
3.W.1. RESOLUTION R-99-2346
RESOLUTION ADDING ONE MEMBER TO SERVE AS AN ALTERNATE ON THE PALM BEACH COUNTY COMMITTEE FOR COURTHOUSE ART. (AMENDS R-99-1068) ADOPTED 12-7-99
MOTION to adopt the resolution and appoint Commissioner Roberts to the committee. Motion by Commissioner Masilotti, seconded by Commissioner McCarty, and carried 7-0.
6. BOARD APPOINTMENTS
APPOINTMENT OF THE FOLLOWING PERSONS TO THE SMALL/MINORITY/WOMEN BUSINESS ASSISTANCE ADVISORY COMMITTEE FOR TERMS BEGINNING ON DECEMBER 7, 1999, AND ENDING ON THE DATE FOLLOWING THE RESPECTIVE NOMINEE'S NAME: LAURA H. CORRY (APRIL 21, 2000); LORRAINE GOFF (FEBRUARY 1, 2000); EVELYN F. PARKES (MARCH 24, 2001); ROBERT M. MONNAR (FEBRUARY 1, 2001); AND LAURIE A. ROGERS (FEBRUARY 1, 2000). APPROVED 12-7-99
MOTION to approve the appointments. Motion by Commissioner Masilotti, seconded by Commissioner McCarty, and carried 7-0.
6.A.2. See Page 40.
6.B. COMMUNITY SERVICES
REAPPOINTMENT OF DR. ARTHUR ANDERSON TO THE PALM BEACH COUNTY HEALTH CARE DISTRICT FOR A TERM BEGINNING DECEMBER 7, 1999, THROUGH SEPTEMBER 30, 2003. TABLED WITH DIRECTION 12-7-99
MOTION to approve the appointment. Motion by Commissioner Masilotti and seconded by Commissioner Aaronson.
Commissioner McCarty expressed her impatience, and mentioned staff's frustration, over the lack of cooperation shown to the Health Department by the Health Care District. She recommended tabling the appointment until communication between the district and the County improved.
SUBSTITUTE MOTION to table the reappointment. Motion by Commissioner McCarty and seconded by Commissioner Masilotti.
Commissioner Roberts recommended a meeting between the Board and the Health Care District, sitting as policy bodies, and requested the Chair to write the district requesting such a meeting. Commissioner Roberts also suggested placing the Health Care Administration Building on the agenda.
Commissioner Aaronson suggested going ahead with the reappointment and instructing Dr. Anderson and the current Board appointees to bring up the issue of Board-Health Care District relations, along with issues such as rehabilitation of the County Home and General Care Facility. He seconded Commissioner Robert's suggestion that the Chair write to the Health Care District, demanding a meeting.
Commissioner Masilotti pointed out that a $9.2 Million grant to the County was in jeopardy because the Health Care District would not commit to a cost-sharing plan for maintenance of the Health Care Administration Building.
Commissioner Newell urged a cooperative spirit on the Board in its dealings with the Health Care District.
Commissioner Aaronson recommended that Commissioner Masilotti, as Board liaison with the Health Care District, arrange a policy-board-level meeting with the district.
UPON CALL FOR A VOTE, the motion carried 7-0.
REAPPOINTMENT OF THE FOLLOWING MEMBERS TO THE TREASURE COAST REGIONAL PLANNING COUNCIL: VICE-MAYOR RETHA LOWE, MAYOR CARMINE A. PRIORE, MAYOR KAREN GOLONKA, VICE-MAYOR CARMELA STARACE, AND VICE-MAYOR DAVID W. SCHMIDT, ALL AS REGULAR APPOINTMENTS AND THE APPOINTMENTS AS ALTERNATES OF COMMISSIONER JEFF KOONS, MAYOR SAMUEL J. FERRERI, COUNCIL MEMBER JACK MCDONALD, AND COMMISSIONER PAUL W. CASTRO. APPROVED 12-7-99
MOTION to approve the appointments and reappointments and to appoint Commissioners Lee, Marcus, and Roberts as regular members and Commissioners Masilotti, Newell, and McCarty as alternate members. Motion by Commissioner Masilotti, seconded by Commissioner Roberts, and carried 7-0.
REAPPOINTMENT OF RICHARD GALETA AND RONALD M. FERRIS, AND APPOINTMENT OF TITUS R. RICH TO THE FIRE-RESCUE ADVISORY BOARD, ALL FOR THREE-YEAR TERMS EFFECTIVE DECEMBER 15, 1999. APPROVED 12-7-99
MOTION to approve the reappointments and the appointment. Motion by Commissioner Masilotti, seconded by Commissioner Roberts, and carried 7-0.
6.D. PALM TRAN
APPOINTMENT OF PERRY J. MAULL, EXECUTIVE DIRECTOR OF PALM TRAN, AS A PRIMARY VOTING MEMBER TO THE METROPOLITAN PLANNING ORGANIZATION TECHNICAL ADVISORY COMMITTEE. APPROVED 12-7-99
MOTION to approve the appointment. Motion by Commissioner Roberts, seconded by Commissioner Masilotti, and carried 7-0.
6.E. COMMISSION DISTRICT APPOINTMENTS
APPOINTMENT OF RONALD GIDDENS TO THE MEDICAL SERVICES ADVISORY BOARD. APPROVED 12-7-99
MOTION to approve the appointment. Motion by Commissioner Newell, seconded by Commissioner Masilotti, and carried 7-0.
7. MATTERS BY THE PUBLIC - See Pages 33-35.
8. STAFF COMMENTS - See Pages 44-45.
10. COMMISSIONER COMMENTS
10.A. COMMISSIONER TONY MASILOTTI
COMMISSIONER LEE AS GRAND MARSHAL ON MARTIN LUTHER KING, JR., DAY. DISCUSSED 12-7-99
Commissioner Masilotti suggested that Commissioner Lee act as grand marshal during Martin Luther King, Jr., Day ceremonies at the South Florida Fairgrounds.
No backup submitted.
TRAFFIC SIGNAL AT WYCLIFFE COUNTRY CLUB BOULEVARD AND LAKE WORTH ROAD. DISCUSSED WITH DIRECTION 12-7-99
Commissioner Masilotti requested County Administrator Weisman to look into the traffic signal at Wycliffe Country Club Boulevard and Lake Worth Road, which, he said, is still on blinking mode and should be operating as a stoplight at least during construction.
No backup submitted.
10.B. COMMISSIONER CAROL A. ROBERTS
FUNDING OF IMPROVEMENTS IN THE SHELL CIRCLE NEIGHBORHOOD. DISCUSSED 12-7-99
Commissioner Roberts reported on the Countywide Community Revitalization Team (CCRT) meeting on the Shell Circle neighborhood. The CCRT had agreed to apply for a Community Development Block Grant to fund the installation of waterlines, while Commissioner Roberts proposed applying reserves from her district for paving, drainage, and sidewalks. The project would also involve the County Housing Authority, she said, in an effort to eliminate the drainage problems in the Shell Circle Housing Project.
No backup submitted.
COMPUTERIZATION OF THE AGENDA FOR MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS. DISCUSSED WITH DIRECTION 12-7-99
Commissioner Roberts requested County Administrator Weisman to provide an update on the process of computerizing the agenda for Board meetings. Deputy County Administrator Patrick Miller reported the formation of a working group and agreed to have a report to the Board within three months.
No backup submitted.
RESTORATION OF OLD COUNTY COURTHOUSE. DISCUSSED WITH DIRECTION 12-7-99
Commissioner Roberts asked County Administrator Weisman to place the Historical Society of Palm Beach County's restoration project for the old County Courthouse on the regular agenda for December 21, 1999.
No backup submitted.
10.C. COMMISSIONER WARREN H. NEWELL
REVISION OF UNIFIED LAND DEVELOPMENT CODE TO PROVIDE JURISDICTION OVER PAWNSHOP LOCATION. DISCUSSED 12-7-99
Commissioner Newell requested the Board's support for revision of the Unified Land Development Code to provide jurisdiction over the location of pawnshops.
No backup submitted.
CONTROL OF JOHNSON SEA GRASSES IN COUNTY WATERWAYS. DISCUSSED WITH DIRECTION 12-7-99
Commissioner Newell asked the Board to direct staff to work with the Congressional Delegation in developing a method for controlling the spread of Johnson sea grasses in County waterways. He also asked staff to provide a report to the Board on the status of this matter.
No backup submitted.
SCHEDULING OF BOARD GOAL-SETTING MEETING. DISCUSSED WITH DIRECTION 12-7-99
Commissioner Newell recommended scheduling a goal-setting meeting for the Board sometime after the beginning of the year, perhaps in February, and requested staff to return with a suggested date.
No backup submitted.
10.D. COMMISSIONER MAUDE FORD LEE
SANDCASTLE COMMUNITY PARK FUNDING. DISCUSSED 12-7-99
Commissioner Lee said she supported creation of two parks in the Sandcastle development using gas tax money. Having discovered that gas tax money was not applicable to this purpose, she asked County Engineer George T. Webb to transfer the necessary funds out of the drainage line item.
No backup submitted.
MACARTHUR FOUNDATION STUDY OF ECONOMIC OPPORTUNITIES. DISCUSSED 12-7-99
Commissioner Lee announced the receipt of a letter from the John D. and Catherine T. MacArthur Foundation informing the Board of a study to be conducted by the foundation entitled "Linking Low-Income People to Economic Opportunity in Palm Beach County." The foundation, she said, had invited interested Commissioners to a breakfast presentation on the study on December 14, 1999.
No backup submitted.
PROPERTY TAX PAYMENT DEADLINE EXTENDED. DISCUSSED 12-7-99
Commissioner Lee announced the extension of the discount payment deadline to January 3, 2000, because the Tax Collector's Office would be closed on the traditional deadline date, December 31, 1999.
No backup submitted.
10.E. COMMISSIONER MARY MCCARTY
INFORM HISTORICAL FOUNDATION OF MEETING WITH HISTORICAL SOCIETY OF PALM BEACH COUNTY. DISCUSSED 12-7-99
Commissioner McCarty insisted that the Historical Foundation be informed of the meeting with the Historical Society of Palm Beach County over restoration of the old County Courthouse. The Board's agreement, she reminded the Commissioners, had been with both organizations. She suggested that a Request for Proposal, in consultation with the Historical Resources Review Board, be issued in the hope of attracting a contractor interested in leasing and restoring the building.
No backup submitted.
10.F. COMMISSIONER BURT AARONSON - None
10.G. COMMISSIONER KAREN T. MARCUS
FUNDING FOR CONSENSUS-BUILDING RETREAT WITH THE CITY OF RIVIERA BEACH AND THE PORT OF PALM BEACH. DISCUSSED WITH DIRECTION 12-7-99
Commissioner Marcus reminded the Board of her memorandum dated November 23, 1999, in which she had announced her intention of requesting approval of an amount up to $2,000 for the County's share of the expenses for the second consensus-building retreat with Riviera Beach and the Port of Palm Beach. County Administrator Weisman was requested to place the item on a future Consent Agenda.
No backup submitted.
8. STAFF COMMENTS
REQUEST FOR DOG DAY CARE LICENSE. DISCUSSED 12-7-99
County Administrator Robert Weisman reported that the request for a dog day care license made in Matters by the Public, Item 7.G. by Sarah Zolten had been resolved.
No backup submitted.
8.B. COUNTY ATTORNEY
COPY OF THE CLERK OF CIRCUIT COURT'S REQUEST FOR AN OPINION FROM THE ATTORNEY GENERAL. DISCUSSED 12-7-99
Chief Deputy County Attorney Selfridge reported that he had been unable to obtain a copy of the Clerk's request for the Attorney General's opinion on custody of court records. The Clerk's Office had informed him, he said, that the letter was not yet drafted.
No backup submitted.
(CLERK'S NOTE: See Item 5.A.4., Pages 26-28.)
The Chair declared the meeting adjourned at 4:45 p.m.