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WORKSHOP MEETING: BOARD OF COUNTY COMMISSIONERS 1. CALL TO ORDER: January 25, 2000, at 9:31 a.m. in the Palm Beach County Governmental Center, West Palm Beach, Florida. 1.A. ROLL CALL MEMBERS AND OFFICERS PRESENT: Chair Maude Ford Lee Vice-Chair Warren H. Newell Commissioner Burt Aaronson Commissioner Mary McCarty - Arrived later Commissioner Karen T. Marcus - Arrived later Commissioner Tony Masilotti Commissioner Carol A. Roberts - Arrived later County Administrator Robert Weisman County Attorney Barbara Alterman Deputy Clerk Carl Zettelmeyer 2. AGENDA APPROVAL 2.A. ADDITIONS, DELETIONS, SUBSTITUTIONS - None 2.B. ADOPTION MOTION to approve the Agenda. Motion by Commissioner Aaronson, seconded by Commissioner Masilotti, and carried 4-0. Commissioners McCarty, Marcus, and Roberts absent. (CLERK'S NOTE: Agenda Item number 3 not used for this workshop.) 7. REGULAR AGENDA 7.A. CLERK 7.A.1. WARRANT LIST DATED JANUARY 24, 2000. APPROVED 1-25-2000 COMPUTER CHECKS $17,226,131.70 WIRE TRANSFERS 8,106,443.85 MANUAL CHECKS 1,012,527.63 TRUSTEE DISBURSEMENTS 0.00 $26,345,103.18 MOTION to approve the warrant list. Motion by Commissioner Aaronson, seconded by Commissioner Masilotti, and carried 4-0. Commissioners McCarty, Marcus, and Roberts absent. 7.A.2. CONTRACTS ON THE CONTRACT LIST EXECUTED BY THE PURCHASING DIRECTOR OR TOURIST DEVELOPMENT DIRECTOR, AND WORKER'S COMPENSATION SETTLEMENTS: a. WORKER'S COMPENSATION SETTLEMENT WITH HORACE CALHOUN FOR $82,500. APPROVED 1-25-2000 b. WORKER'S COMPENSATION SETTLEMENT WITH MILTON FORD FOR $160,000. APPROVED 1-25-2000 c. TERM CONTRACT WITH SOD UNLIMITED AND OL' MAN & SONS, FOR $288,690 TO PROVIDE GROUNDS MAINTENANCE AT VARIOUS LOCATIONS FOR WATER UTILITIES FROM FEBRUARY 1, 2000, THROUGH JANUARY 31, 2002. APPROVED 1-25-2000 d. DOCUMENT R-2000-0112 PURCHASE AGREEMENT WITH NEW HOLLAND NORTH AMERICA FOR $106,246 TO PROVIDE THREE SKID STEERLOADERS BASED ON THE STATE OF FLORIDA CONTRACT 760-001-99-1. APPROVED 1-25-2000 e. RENEWAL OF TERM CONTRACT WITH PROFESSIONAL MEDIA SERVICE CORPORATION FOR $150,000 TO PROVIDE ADULT AND JUVENILE AUDIOVISUAL MATERIAL TO THE LIBRARY DEPARTMENT FROM JANUARY 14, 2000, THROUGH JUNE 14, 2000. APPROVED 1-25-2000 f. DOCUMENT R-2000-0113 CATEGORY G GRANT AGREEMENT WITH STADIUM JUMPING, INC., FOR $7,500 TO FUND TELEVISION PRODUCTION COSTS FOR THE 2000 WINTER EQUESTRIAN FESTIVAL--PALM BEACH SERIES. APPROVED 1-25-2000 MOTION to approve the contracts and claim settlements list. Motion by Commissioner Aaronson, seconded by Commissioner Masilotti, and carried 4-0. Commissioners McCarty, Marcus, and Roberts absent. 7.A.3. REVIEW FOR SUFFICIENCY AND RECEIVE AND FILE REPORT OF COUNTY OFFICIALS' BONDS FOR EXAMINATION AS TO THE SUFFICIENCY OF THEIR SURETIES, DATED JANUARY 2000. APPROVED 1-25-2000 MOTION to review for sufficiency and receive and file. Motion by Commissioner Aaronson, seconded by Commissioner Masilotti, and carried 4-0. Commissioner McCarty, Marcus, and Roberts absent. (CLERK'S NOTE: Commissioner Marcus joined the meeting.) 7.B. COMMUNITY SERVICES 7.B.1. a.
OLDER AMERICANS ACT MASTER AGREEMENT M001-1 WITH THE AREA AGENCY ON AGING OF PALM BEACH/TREASURE COAST, INC., TO PROVIDE MEALS (BOTH CONGREGATE AND HOME-DELIVERED), NUTRITION EDUCATION, OUTREACH, AND IN-HOME SERVICES. APPROVED 1-25-2000 b. DOCUMENT R-2000-0114 STANDARD CONTRACT A001-1 WITH THE AREA AGENCY ON AGING OF PALM BEACH/TREASURE COAST INC., PROVIDING FEDERAL FUNDS UP TO $1,577,749 FROM JANUARY 1, 2000, THROUGH DECEMBER 31, 2000, FOR MEALS (BOTH CONGREGATE AND HOME-DELIVERED), NUTRITION EDUCATION, OUTREACH, AND IN-HOME SERVICES UNDER THE OLDER AMERICANS ACT GRANT. APPROVED 1-25-2000 MOTION to approve the master agreement and standard contract. Motion by Commissioner Aaronson, seconded by Commissioner Masilotti, and carried 5-0. Commissioners McCarty and Roberts absent. 7.C. ENGINEERING AND PUBLIC WORKS 7.C.1. BUDGET TRANSFER 2000-0383 BUDGET TRANSFER OF $39,500 IN THE TRANSPORTATION IMPROVEMENT FUND TO THE BINKS FOREST ROAD PATHWAY PROJECT FROM RESERVE FOR DISTRICT 6 IMPROVEMENTS. A COOPERATIVE PROJECT IS BEING ACCOMPLISHED WITH THE VILLAGE OF WELLINGTON TO CONSTRUCT A PATHWAY ON BINKS FOREST ROAD FROM STATE ROAD 80 TO GREENVIEW SHORES BOULEVARD TO SERVE THE BINKS FOREST ELEMENTARY SCHOOL SCHEDULED TO OPEN IN JANUARY 2000. APPROVED 1-25-2000 MOTION to approve the budget transfer. Motion by Commissioner Aaronson, seconded by Commissioner Masilotti, and carried 5-0. Commissioners McCarty and Roberts absent. (CLERK'S NOTE: Commissioner McCarty joined the meeting.) WORKSHOP ITEMS 4. 9:30 A.M. - COMMERCIAL NEEDS ASSESSMENT STUDY--A FOLLOW-UP TO THE OCTOBER 26, 1999, WORKSHOP AT WHICH THE BOARD DIRECTED STAFF TO RETURN WITH INFORMATION REGARDING THE APPROPRIATENESS OF USING THE URBAN SERVICE AREA BOUNDARY (URBAN/SUBURBAN TIER BOUNDARY) VERSUS THE FLORIDA TURNPIKE FOR THE DIVIDING LINE BETWEEN THE METHODS FOR DETERMINING RETAIL DEMAND. THE BOARD ALSO DIRECTED STAFF TO RETURN WITH DISCUSSION OF EXISTING COMPREHENSIVE PLAN POLICIES LIMITING THE WAYS IN WHICH THE URBAN SERVICE AREA BOUNDARY CAN BE MOVED. APPROVED THE URBAN SERVICE AREA BOUNDARY AND APPROVED RECOMMENDATIONS C AND F 1-25-2000 (CLERK'S NOTE: Commissioner Roberts joined the meeting.) Commercial Needs Assessment Project Manager Steve Morales explained that staff had serious reservations about the continued use of the Florida Turnpike as the dividing line on methodology for determining retail demand. Commissioner Marcus contended that there was already sufficient commercial property west of the turnpike, but Mr. Morales pointed out that, using urbanized criteria, a case could be made for insufficient commercial property in that area. Commissioner Masilotti asked whether this approach would address the industrial base, and Planning Director Frank M. Duke said it would, as long as land use balancing was employed. PUBLIC COMMENT: Carmela Starace and Nancy Cardone, both members of the Commercial Needs Assessment Steering Committee, urged the Board to approve the committee's recommendations. The Board then agreed to direct staff to use the Urban Service Area Boundary rather than the Florida Turnpike in determining retail demand. Mr. Morales again asked the Board for direction on Recommendations C and F, which are quoted below: RECOMMENDATION C Adopt the methodologies employed in the study in the County's Comprehensive Plan and update on an ongoing basis. These methods should be used to evaluate future commercial (retail), office, and industrial land use proposals, and for land use studies. The adopted methodologies will not prohibit either staff or others from exploring, evaluating, and/or using alternative methodologies or providing additional information. RECOMMENDATION F In the north and central portions of the study area, which includes the sector plan area, there is a need for additional retail, office, and industrial lands to accommodate anticipated 2015 demand. The bulk of this need should be met within the Urban/Suburban Tier where there are opportunities to provide the full range of retail need (neighborhood, community, and regional). Within the sector plan area, the commercial need should be limited to meeting the retail demand of residents of that area with neighborhood and community level retail facilities. In addressing these needs, the sector plan should be sensitive to the supply and demand findings of this report for the northern and central county area, as well as on a county-wide basis. Planning Director Duke assured the Board that, while adopting the recommendations of the report would rule out regional commercial development, it would not prevent commercial development that did not require water and sewer services. Commissioner Newell requested adding commercial recreation to Recommendation C, which Mr. Duke said could be done. Commissioner Roberts asked whether equestrian areas are part of the committee's recommendations, and Mr. Duke said they could be included. By consensus, the board agreed to the adoption of Recommendations C and F. 5. 10:30 A.M. - PRESENTATION ON THE PALM BEACH COUNTY CHILD ABUSE AND NEGLECT PROJECT, REQUESTED BY THE CHILDREN'S SERVICES COUNCIL AND THE DEPARTMENT OF CHILDREN AND FAMILIES IN ORDER TO INFORM THE BOARD OF THE SERVICE DELIVERY SYSTEM BEING DEVELOPED TO ADDRESS CHILD ABUSE AND NEGLECT IN THE COUNTY. NO SPECIFIC ACTION WAS REQUESTED OF THE BOARD. DISCUSSED 1-25-2000 Ray Liberti of the Department of Children and Families and Tana Ebbole of the Children's Services Council were the principal presenters. Both identified the pilot project as the foundation on which the transition to community-based care will be built. This transition is scheduled to be complete by 2002. Mr. Liberti also assured the Board that, despite tax reductions at the state level, the Department of Children and Families would not face funding cuts that would have to be passed on to local government. Ms. Ebbole recommended that the Board seek to have the Legislature expand the types of services eligible for Medicaid, which would require matching funds from Tallahassee. Commissioner Masilotti suggested a study of local spending in order to discover whether state and federal funding might be more cost effective and whether there was duplication of effort. RECESS At 12:30 p.m., the Chair declared a recess. RECONVENE At 2:07 p.m., the Board reconvened with Commissioners Aaronson, Lee, McCarty, Marcus, Masilotti, Newell, and Roberts present. 6. 2:00 P.M. - REVIEW THE REQUEST OF THE LOXAHATCHEE RIVER ROAD COMMUNITIES COALITION TO CLOSE LOXAHATCHEE RIVER ROAD AT THE MARTIN COUNTY LINE UNTIL THE WESTERN CORRIDOR IS OPENED AND SPEED HUMPS ARE REMOVED FROM LOXAHATCHEE RIVER ROAD. DISCUSSED 1-25-2000 County Engineer George T. Webb provided background on the item for the Board, explaining the objections of residents along Loxahatchee River Road to the volume of traffic coming from Martin County. Mr. Webb announced the intention of the Village of Tequesta to close Country Club Drive at the village's northern boundary if the County closes Loxahatchee River Road at the Palm Beach/Martin County line. Mr. Webb also indicated that ongoing litigation involving Section 28 in Martin County presented an obstacle to the opening of the Western Corridor. Commissioner McCarty clarified the Board's purpose in discussing the issue, saying that the workshop would hear comments from the public but would not make any decisions concerning the road closure until a later date. Commissioner Newell suggested ending public comment at 4:00 p.m., and the Board agreed. PUBLIC COMMENT: Speakers in favor of closing Loxahatchee River Road included Jesse C. Brown, Linda Callaway, Mary B. Casto, Judy Daversa, Edith Davis, John J. Dedman, Jr., John J. Dedman, Sr., Alex Goun, Bill Guevremont, Gene Loeffler, Dianne Martens, Vickie Middlebrooks, Marty Perry, Andy Rafkin, Ed Ricci, Ted Ritter, David Rueckert, Jane Schummung, Roger Stanton, and Maggie Waife. Commissioner Lee read comments in opposition from Phyllis Burns, Mary Smith, and Helen M. Wilks. MOTION to receive and file petitions in favor of closing Loxahatchee River Road presented by Judy Daversa. Motion by Commissioner Masilotti, seconded by Commissioner Aaronson, and carried 7-0. Martin County Commissioner Janet Gettig opposed the closing of Loxahatchee River Road and suggested an alternative course of action. Her first recommendation was for a 12-month cooling- off period to avoid any hasty actions by either county. After the Fourth District Court of Appeal (4th DCA) rendered its decision on Section 28, she said, she would encourage her fellow commissioners to schedule public hearings on amendments to the Martin County Comprehensive Plan that would address inter-county traffic issues and include building a road in the Western Corridor. She also suggested immediate joint action between the counties on traffic-calming measures on both sides of the border. Commissioner Masilotti asked whether there was funding available in Martin County's five-year road plan to build the road in the Western Corridor. Commissioner Gettig said there was not. Commissioner Aaronson asked whether Commissioner Gettig would go so far as to ask the Martin County Board to "add" the required changes to the comprehensive plan for a road in the Western Corridor. Commissioner Gettig said to do that would be outside the scope allowed her. In any case, she insisted, the pending case involving Section 28 made it impossible for her to recommend any commitments for the Western Corridor. Commissioner Aaronson then said he would, within 60 days of the decision by the 4th DCA, call for another meeting on the issue of closing Loxahatchee River Road. Unless Martin County committed to building the Western Corridor road as a result of that meeting, Commissioner Aaronson said he would then vote to close Loxahatchee River Road. Nancy Stroud, counsel for Martin County in the Section 28 litigation, affirmed Commissioner Gettig's position that, pending a decision from the 4th DCA, Martin County could make no commitment, or even discuss, road building in the Western Corridor. She also reported that it was impossible for her to decide before the fact whether Martin County would appeal a verdict to the Florida Supreme Court. Commissioner Newell asked County Engineer Webb about the effectiveness of "No Thru Trucks" signs. Mr. Webb said that enforcement of the no-thru-truck policy required police officers to follow trucks for some distance in order to determine that the drivers had no stops to make in the neighborhood. The labor-intensive nature of the enforcement effort, Mr. Webb said, made the signs ineffective. Tracy Bennett, Richard W. (Chip) Carlson, Jr., Cynthia Cerone, Leatha Dyer, Florence Johnston, Marge Ketter, Kent Malinowski, Dolores Panaro, Peter J. Ranta, Dolores Visich, Mark Watson, and Lee Weberman all spoke in opposition to closing Loxahatchee River Road. MOTION to receive and file the petition opposed to closing Loxahatchee River Road presented by Richard Carlson. Motion by Commissioner Masilotti, seconded by Commissioner Aaronson, and carried 7-0. Commissioner Marcus shared several recommendations with the Board as follows:
Commissioner Marcus also proposed making the following requests of Martin County:
Commissioner Masilotti suggested a deadline of 60 days, along with the installation of flashing lights in school zones and the posting of school crossing guards. He recommended building pathways on the east side of Loxahatchee River Road if right-of-way details would allow that. He also suggested that, within 60 days of the decision by the 4th DCA on Section 28, if Martin County failed to agree to add a Western Corridor roadway and the funding for it to their comprehensive plan, the Board reconsider the closing of Loxahatchee River Road. Commissioner Marcus suggested instead that the Board ask the Martin County Board of County Commissioners to initiate the process within one day of the court ruling for an amendment to their comprehensive plan on adding the Western Corridor, and add the request that the Martin County board include funding for the road in their capital element program. Commissioner Aaronson objected to the blame for the Loxahatchee River Road issue being lodged against the County. The blame, he said, should be directed at Martin County instead. He, too, called for a 60-day deadline and the expectation that there would be no further appeal of the Section 28 case. Commissioner Newell added further language, as follows: Immediately following the comprehensive plan amendment, Martin County will add to its capital plan the costs for alignment, costs to secure right-of-way, and the costs to construct the roadway in the western corridor. He suggested that the County should designate right-of-way for its portion of the Western Corridor roadway. Commissioner Marcus recommended instead setting the alignment for the roadway, which would begin the donation process. She also advised revising Commissioner Newell's language to read as follows: To initiate the comprehensive plan hearing to add the Western Corridor to the thoroughfare plan immediately after the decision of the Fourth District Court of Appeal but not more than 60 days thereafter. The Board agreed by consensus. D. ADJOURNMENT The Chair declared the meeting adjourned at 4:18 p.m. ATTESTED: APPROVED: Clerk Chair
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