MEETING: BOARD OF COUNTY COMMISSIONERS, REGULAR/WORKSHOP

1. CALL TO ORDER: December 14, 1999, at 9:40 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 - Arrived later

Commissioner Mary McCarty - Arrived later

Commissioner Karen T. Marcus

Commissioner Tony Masilotti - Arrived later

Commissioner Carol A. Roberts

County Administrator Robert Weisman

Assistant County Attorney Robert P. Banks

Deputy Clerk Linda C. Hickman

2. AGENDA APPROVAL

2.A. ADDITIONS, DELETIONS, SUBSTITUTIONS

County Administrator Weisman noted the Agenda changes as follows:

PAGE ITEM

1 3B-1 ADD-ON: Staff recommends motion to:

A) accept a Warranty Deed; and

B) declare two (2) strips of County owned land as road right-of-way.

SUMMARY: This action will accept a Warranty Deed from Brefrank, Inc., conveying to Palm Beach County s strip of land located on the south side of Forest Hill Boulevard west of State Road 7. This action also declares that strip of land and an adjoining piece of land immediate to the west as right-of-way required for Forest Hill Boulevard. District 6 (PK) (Eng)

1 3B-2 *** ADD-ON & WAITING FOR BACKUP: Staff recommends motion to deny: a Resolution directing staff to install a traffic signal at the intersection of Lake Worth Road at Wycliffe County Club Boulevard. SUMMARY: The Engineering Staff reviewed the location and evaluated the installation in view of the warrants set forth in the "Manual of Uniform Traffic Control Devices" (MUTCD). According to the study, no warrants were met. Of the 80 locations studied and rejected for the installation of a traffic signal during 1999, this ranked 13th in side street volume. The District Commissioner requested staff bring the resolution forward after being told that a signal was not currently warranted at this location. As such, this Resolution to install a traffic signal is required by County PPM because the installation would be inconsistent with the MUTCD, State (Florida Statute 316.0745), and County (PPM ETO-100) guidelines. District 6 (Eng)

1 3C-1 ADD-ON: Proclamation declaring Thursday, December 16, 1999 as "A Slave Ship Speaks: The Wreck of the Henrietta Marie" Day in Palm Beach County. (Sponsored by Commissioner Lee)

2.B. ADOPTION

MOTION to adopt the Agenda as amended. Motion by Commissioner Marcus, seconded by Commissioner Roberts, and carried 4-0. Commissioners Aaronson, McCarty, and Masilotti absent.

Commissioner Lee stated that the Regular Agenda would be considered after the morning Workshop item.

(CLERK'S NOTE: Commissioners Aaronson, McCarty, and Masilotti joined the meeting.)

3. REGULAR AGENDA - See Pages 4-6.

WORKSHOP ITEMS

4. 9:30 A.M. - AGRICULTURAL RESERVE MASTER PLAN PHASE II DISCUSSED WITH DIRECTION 12-14-99

Staff gave a brief presentation.

PUBLIC COMMENT:

Robert A. Bentz; Erin Deady; and Charlotte Nash, representing the League of Women Voters, supported the master plan. Rosa Durando cautioned making Heritage Farms one unit per five acres instead of one unit per 10 acres to avoid conflict with the area farmers. Charles Pattison, representing 1,000 Friends of Florida, questioned if the master plan encouraged agricultural and equestrian uses. Joanne Davis encouraged the Board to give careful consideration to the project. Barbara Susco stated disapproval with the informational booths that were used to educate the public regarding the issue. Kieran J. Kilday encouraged allowing one unit per five acres in the master plan. He suggested, as an incentive to maintain one unit per acre, that the owner be allowed to combine the lakes and to set aside right-of-way. There was no incentive to go one unit per five acres under the current regulations because the lake areas had to be deducted from the one unit per five acres. Maxine Guerrera asked the Board to reconsider the recommendation that properties proposed for purchase should not be less than 20 acres. Anthony Bara opposed the development of golf courses in the Agricultural Reserve because it would pollute the drinking water supply for three counties.

STAFF WAS DIRECTED TO:

• Consider dispersing golf courses within the proposed communities.
• Place more emphasis on the enhancement of farming to make it a more lucrative business.
• Consider modification of the ordinances to allow an incentive to maintain one unit per five acres.
• Consider the purchase of 20-acre contiguous parcels as well as the larger parcels.
• Submit designs based on one unit per five acres clustered on the perimeter of the Agricultural Reserve.
• Focus on sustainable agricultural.
• Consult with counties and states that have progressive agricultural programs.
• Come up with a lease-back or a buy-out and lease-back formula.
• Consider finding other farmers or universities to sustain agriculture on the purchased land if the current farmers choose not to do so.
• Provide information on a mitigation bank plan.
• Consider incentives to encourage specialty crops.
• Consider initiation of the process for a special taxing district for the area.
• Report back on whether new farms would be exempt from obtaining permits from South Florida Water Management District or the Corps of Engineers.
• Submit more recommendations to preserve land for agriculture.
• Consider less units in the master plan to discourage a higher land value.
• Work with the Land Acquisition Committee to see how much land could be purchased.
• Pursue changing the code to allow variation in lot sizes for one-unit-per-five-acres density.
• Report back on available matching funds.

• Consider ancillary uses for agriculture.

MOTION to report back on March 28, 2000, and to include a recommended action plan. Staff would be allowed an additional 30 days to report on any data unobtainable by March 28. Motion by Commissioner Marcus, seconded by Commissioner Aaronson, and carried 7-0.

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

3. REGULAR AGENDA

3.A. CLERK

3.A.1.

WARRANT LIST DATED DECEMBER 13, 1999. APPROVED 12-14-99

COMPUTER CHECKS $ 7,076,224.92

WIRE TRANSFERS 4,296,985.86

MANUAL CHECKS 44,617.89

TRUSTEE DISBURSEMENTS 0.00

$11,417,828.67

MOTION to approve the Warrant List. Motion by Commissioner Roberts, seconded by Commissioner Marcus, and carried 6-0. Commissioner Aaronson absent.

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

3.A.2.

CONTRACTS ON CONTRACT LIST EXECUTED BY THE TOURIST DEVELOPMENT DIRECTOR:

a. DOCUMENT R-99-2347-D

AMENDMENT 3 TO THE CONTRACT BETWEEN PALM BEACH COUNTY FILM & TELEVISION, INC., AND DON TILLMAN FOR $50,000 FOR ONE YEAR EFFECTIVE JANUARY 1, 2000, TO PROMOTE THE FILM AND TELEVISION INDUSTRY IN THE COUNTY, UNDER THE OVERALL DIRECTION AND GUIDANCE OF THE TOURIST DEVELOPMENT COUNCIL. (AMENDS R-98-2056-D) APPROVED 12-14-99

b. DOCUMENT R-99-2348-D

GRANT AGREEMENT WITH EXECUTIVE SPORTS INTERNATIONAL FOR $10,000 FOR TELEVISION PRODUCTION COSTS FOR THE OFFICE DEPOT TOURNAMENT TO BE HELD JANUARY 10-16, 2000, TO PROMOTE TOURISM IN THE COUNTY. APPROVED 12-14-99

MOTION to approve the contracts on the contracts list. Motion by Commissioner Marcus, seconded by Commissioner McCarty, and carried 7-0.

3.B. ENGINEERING AND PUBLIC WORKS

3.B.1.

ACCEPT A WARRANTY DEED FROM BREFRANK, INC., CONVEYING A STRIP OF LAND LOCATED ON THE SOUTH SIDE OF FOREST HILL BOULEVARD AND WEST OF STATE ROAD 7 TO THE COUNTY. THIS ACTION ALSO DECLARES THAT STRIP OF LAND AND AN ADJOINING PIECE OF LAND TO THE WEST AS RIGHT-OF-WAY REQUIRED FOR FOREST HILL BOULEVARD. IT WILL ALLOW THE WELLINGTON MALL TO WIDEN FOREST HILL BOULEVARD AS REQUIRED AS PART OF ITS DEVELOPMENT ORDER. APPROVED 12-14-99

MOTION to accept the warranty deed and declare the two strips as right-of-way. Motion by Commissioner Marcus, seconded by Commissioner Masilotti, and carried 7-0.

County Administrator Weisman recommended that Item 3.B.2. be considered during the afternoon session.

3.B.2. See Pages 5-6.

3.C. COUNTY ATTORNEY

3.C.1.

PROCLAMATION DECLARING DECEMBER 16, 1999, AS A SLAVE SHIP SPEAKS: THE WRECK OF THE HENRIETTA MARIE DAY. APPROVED 12-14-99

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

RECESS

At 11:58 a.m., the Chair declared a recess.

RECONVENE

At 2:10 p.m., the Board reconvened with Commissioners Aaronson, Lee, McCarty, Marcus, Masilotti, Newell, and Roberts present.

5. 2:00 P.M. - ANNEXATION PROGRAM AND YEARLY REPORT DISCUSSED WITH DIRECTION 12-14-99

Staff gave a brief presentation.

STAFF WAS DIRECTED TO:

• Consider development of a program

  to assist the municipalities with annexations.

• Report back on the County's costs for infrastructure improvements for the targeted areas.
• Give priority to the areas that desire to be annexed to the municipalities.
• Consider annexations as a budget priority.

3.B.2.

DENY A RESOLUTION DIRECTING STAFF TO INSTALL A TRAFFIC SIGNAL AT THE INTERSECTION OF LAKE WORTH ROAD AT WYCLIFFE COUNTRY CLUB BOULEVARD. DISCUSSED 12-14-99

Commissioner Masilotti stated that:

• He had requested the item be placed on the Agenda.
• A traffic survey had been done last April for the intersection and it did not meet the warrants for a traffic signal.
• Since April, State Road 7 and Forest Hill Boulevard in the Village of Wellington had come under construction, and Lake Worth Road had become the main entrance into Wellington.
• There was an existing flashing signal at the intersection of Lake Worth Road and Wycliffe Country Club Boulevard, which was activated during peak hours.
• The desire was to activate a traffic signal during peak hours so the senior residents could enter and leave the Wycliff development safely.
• Although the intersection did not meet the warrants as of April, the physical characteristics of the area had changed because of the road construction. It was not a permanent situation but did create very dangerous conditions.
• The traffic signal could be temporarily activated until the road construction was completed.

Commissioner Roberts cautioned that if a signal was temporarily installed and later removed, there would be a massive uproar from the Wycliffe residents. County Engineer George T. Webb pointed out that it was side street traffic which governed whether a signal was warranted. Wycliffe was a seasonal community and the traffic count would have been down during the off season. It had been determined to wait until the peak season to do another count for Lake Worth Road at Wycliffe Country Club Boulevard as well as the top 12 streets on the 1999 Signal Studies list. Commissioner Marcus suggested the studies be done the end of February or first of March. Mr. Webb noted that Wellington was not a seasonal community. Staff, therefore, could do a recount based on the increase in traffic on Lake Worth Road because of construction on State Road 7 and Forest Hill Boulevard. Commissioner Newell stated if this area received a traffic signal when studies did not justify it, there was potential for complaints from residents of other areas who had been denied. Commissioner Masilotti said that a vote was unnecessary because there was not a change in County policy.

STAFF WAS DIRECTED TO:

• Do another traffic count and report back to the Board.

6. 3:00 P.M. - SECTOR PLAN REQUEST FOR QUALIFICATIONS (RFQ) SHORTLISTING DISCUSSED WITH DIRECTION 12-14-99

Staff commented that:

• In June, staff had submitted to the Board proposals for the Sector Plan.
• The Board had directed staff not to define a process or to choose the firms or teams that would do the process.
• Staff was directed to create an advertisement for requests for qualifications, evaluate the qualifications, without eliminating any of the respondents, provide the Board with all of the information received, and give the Board the results of staff's evaluations.
• The Board would make a determination which teams would be allowed to make a presentation before the Commission in February.
• There were representatives from County Administration, Engineering, Planning and Zoning, and Environmental Resources Management who evaluated the firms.
• There were five teams evaluated as highly qualified or well qualified. They consisted of Miller Sellen Conner & Walsh team; Calthorpe Associates team; Wilson Miller team; EDAW, Inc., team; and URS/Dames & Moore team.
• There were two teams evaluated as qualified. They consisted of Dyett & Bhatia and Lane Kendig, Inc., team and Wallace Roberts and Todd team.
• There were five teams evaluated as minimally qualified. They consisted of Land Ethics, Inc., team; Cooper, Robertson & Partners, Inc., and OBM Miami, Inc., team; PBS&J team; Environmental Planning & Design, Inc., team; and Prosser Hallock, Inc., team.
• The teams would be asked questions about associated costs, their minority business participation, project time lines, and other technical issues.
• If five teams were chosen to make a presentation, they should be allotted 30 minutes each, with 30 minutes for Board discussion. There should be maximum of seven teams allowed, with the presentation time shortened.
• After the Board had chosen the teams to make a presentation, staff would contact the local governments the teams had identified as references. The governments would be asked what the companies did on various projects and what were the costs associated.

During the discussion that ensued it was brought out that:

• A budget had not been established for the Sector Plan.
• The Board previously indicated it wanted to see the proposals from the teams and would provide funding for the project from the Contingency Fund.
• The Board agreed to choose the best team and then negotiate the costs.
• The teams, in order to have responded, expected a large County budget for the project.
• Commissioner Newell stated companies usually had concerns when putting together a proposal without knowing what was budgeted for the project. He contended there should be some cost parameters to draw the most qualified firms. Otherwise, the County could get a substandard group and have inferior work done.
• Commissioner Aaronson recommended the top three teams make a presentation and submit a sealed bid so the Board would have some indication of the project costs.
• Commissioner McCarty suggested for the scope of services identified in the Request For Proposal, that the teams submit costs for each portion. The Board then would be able to compare the costs.
• Commissioner Masilotti recommended the top six firms be interviewed by the Board.
• Dyett & Bhatia and Lane Kendig, Inc., team received a highly qualified rating from Zoning staff and a well qualified rating from Engineering staff. Those were the two very important areas.
• There should be sufficient time allotted for the Board to adequately interview each team.
• Assistant County Attorney Banks advised that in order for the County to receive bids, he would research to ensure the process was not subject to the Consultant Negotiations Act. If it were, the Board would have to select the most qualified team and negotiate with it as opposed to receiving bids.
• If six firms were going to make a presentation, the Board could consider allowing two days for the process.

MOTION to invite the top six teams to make a presentation before the Board. Motion by Commissioner Masilotti and seconded by Commissioner Aaronson.

• Staff would coordinate with the Commissioners' staff to tentatively schedule February 28 for the presentations.
• Staff would ask the respondents to provide the requested information no later than February 1 to allow sufficient time for staff review and recommendations. Staff would then submit the information in a timely fashion for the Board's review.
• Staff would evaluate the information but would not grade or weed out any of the teams.
• There would be no lobbying.
• The firms would be selected randomly to make their presentations.
• Staff would develop guidelines for the Board to use in grading the teams.
• The interview process would not be televised.
• Each team would be allowed to make its presentation without the other teams being present.
• The final decision for selection of a team would be the result of the Board's deliberations.
• The Board would consider suggested criteria from anyone interested in the process. The public should submit suggestions to the Planning, Zoning and Building Department who would forward them to the Board.

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

STAFF WAS DIRECTED TO:

• Ensure the firms were aware that the subject area was at the interface between the urban and rural areas and the Board was seeking proposals to retain that rural character.
• Schedule the presentations for one day.
• Allow 30 minutes for each team to make its presentation.

7. ADJOURNMENT

The Chair declared the meeting adjourned at 3:50 p.m.

ATTESTED: APPROVED:

Clerk Chair