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WORKSHOP MEETING: BOARD OF COUNTY COMMISSIONERS

CALL TO ORDER: March 28, 2000, at 9:34 a.m., in the Palm Beach County Governmental Center, West Palm Beach, Florida.

1. ROLL CALL
MEMBERS AND OFFICERS PRESENT:
Chair Maude Ford Lee
Vice-Chair Warren H. Newell - Absent
Commissioner Burt Aaronson
Commissioner Mary McCarty
Commissioner Karen T. Marcus - Arrived later
Commissioner Tony Masilotti Commissioner Carol A. Roberts
County Administrator Robert Weisman
County Attorney Marlene R. Everitt
Deputy Clerk Carl Zettelmeyer

2. AGENDA APPROVAL
2.A. ADDITIONS, DELETIONS, SUBSTITUTIONS -
None
2.B. ADOPTION
MOTION to adopt the Agenda. Motion by Commissioner Aaronson, seconded by Commissioner McCarty, and carried 5-0. Commissioners Marcus and Newell absent.
2.C. UNSCHEDULED ITEMS - See Pages 3-4.

WORKSHOP ITEMS
3. 9:30 A.M. - THE 1999 REPORT OF THE PALM BEACH COUNTY INDEPENDENT FIVE-YEAR ROAD PROGRAM OVERSIGHT AND ADVISORY COUNCIL. DISCUSSED WITH DIRECTION 3-28-2000
Assistant County Engineer G. Haney Frakes introduced the council.
Mike Slade, vice-chair of the council, began the presentation with the projection that relying on impact fees rather than gas tax revenues to fund the capacity portion of the road program would result in a $41 million deficit from fiscal year 2003 through 2020. The requirement that impact fees be spent within the area in which they were collected and within a given time was the largest complication involved in relying on them as a funding source, he said. He also mentioned that the volume of impact fee revenue would diminish as the County approached buildout, which is projected for 2017.
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(CLERK'S NOTE: Commissioner Marcus joined the meeting.)

Commissioner Aaronson noted that relying on the gas tax while at the same time promoting the public's use of mass transit might create a problem with revenues. He asked whether the 2020 plan was realistic, in view of such emerging technologies as electric vehicles. Mr. Slade said he did not know.

Commissioner Marcus suggested that the Board's flexibility in allocating gas tax revenues would address the deficit that is anticipated with impact fee collections. Commissioner Roberts recommended giving closer scrutiny to future road projects before granting approval and building only those deemed necessary. Commissioner Aaronson added that levels of service are bound to change, along with costs.

John Corbett, chair of the council, pointed out that an additional $8.9 million would be needed annually if it was not possible to spend impact fee revenues outside the area that generates them. He then asked for the Board's questions and directions.

Commissioner Lee asked whether impact fees, if there is a surplus, might be used to support mass transit. Mr. Corbett answered that the fees can be used only on roadway-capacity enhancement.

Commissioner Roberts raised the question of whether drainage improvements could be funded with impact fee revenue. Willie Swoope, impact fee coordinator, said only if such drainage improvements were roadway-capacity related. County Administrator Weisman amplified the point by saying impact fee revenues could be spent only on drainage construction associated with the building of new thoroughfare roads. Ms. Roberts directed Mr. Weisman and County Engineer George T. Webb to determine how the connection between drainage improvements and roadway-capacity enhancement might be defended as eligible for impact fee-based funding. She also suggested that Commissioner Newell be invited to participate in the study.

Commissioner Lee asked whether the council would continue to monitor revenue projections. Mr. Slade assured her that it would and that this was the first year in which it had been necessary to look elsewhere than the gas tax for a funding source.

PUBLIC COMMENT:
Ed McJobian said he objected to the Commissioners using the special allocation from gas-tax funds for median beautification within their respective districts. Commissioner Marcus reminded Mr. McJobian that his comments had to concern the five-year road plan.

Commissioner McCarty pointed out that the Board had discussed suspending the gas tax at its March 21, 2000, meeting and had directed staff to study the impact of a possible suspension on revenues. The Board had also decided to wait on the decision of the Organization of Petroleum Exporting Countries relative to increasing production quotas, she said, and to develop a means of ensuring that any savings from suspension of the gas tax would go to the consumer, not the gas companies.

4. 10:30 A.M. - See Pages 4-7.

5. REGULAR AGENDA
5.A. CLERK
5.A.1.
WARRANT LIST DATED MARCH 27, 2000. APPROVED 3-28-2000
COMPUTER CHECKS $ 8,092,127.23
WIRE TRANSFERS 23,233,763,23
MANUAL CHECKS 15,000.00
TRUSTEE DISBURSEMENTS 0.00
$31,340,890.46
MOTION to approve the warrant list. Motion by Commissioner Marcus, seconded by Commissioner McCarty, and carried 6-0. Commissioner Newell absent.
5.A.2.
CONTRACTS ON THE CONTRACT LIST EXECUTED BY THE PURCHASING DIRECTOR:
a. TERM CONTRACT WITH FIRSTLINE LLC FOR $135,000 TO PURCHASE NITRILE EXAMINATION GLOVES FOR FIRE-RESCUE FROM MARCH 28, 2000, THROUGH SEPTEMBER 27, 2001. APPROVED 3-28-2000
b. DOCUMENT R-2000-0420
PURCHASE OF FIVE 35-FOOT BY 102-INCH LOW-FLOOR TRANSIT BUSES FOR $1,225,260 FROM GILLIG CORPORATION, BASED ON THE HILLSBOROUGH AREA REGIONAL TRANSIT REQUEST FOR PROPOSAL 97-06-06. APPROVED 3-28-2000
c. DOCUMENT R-2000-0421
AMENDMENT 1 TO CONTRACT FOR BUS LIABILITY INSURANCE WITH NORTH STARR INSURANCE FOR $599,468 FROM APRIL 1, 2000, THROUGH MARCH 31, 2001. (AMENDS R-99-511-D) APPROVED 3-28-2000
MOTION to approve the contracts and purchase order. Motion by Commissioner Marcus, seconded by Commissioner McCarty, and carried 6-0. Commissioner Newell absent.

5.B. ENGINEERING AND PUBLIC WORKS
5.B.1. DOCUMENT R-2000-0422
RIGHT-OF-WAY USE AGREEMENT WITH METRICOM, INC., FROM MARCH 28, 2000, THROUGH MARCH 27, 2010, TO INSTALL AND OFFER FOR SALE IN THE COUNTY A MOBILE DIGITAL DATA COMMUNICATIONS NETWORK. IN EXCHANGE FOR ALLOWING METRICOM TO ENTER COUNTY RIGHTS-OF-WAY FOR THIS PURPOSE, METRICOM AGREES TO PAY THE COUNTY 1 PERCENT OF ITS REVENUES DERIVED FROM COUNTY USERS, $60 PER YEAR IN RENT FOR EACH COUNTY-OWNED OR MAINTAINED POLE USED, AND TEN FREE SUBSCRIPTIONS TO THE NETWORK FOR THE LIFE OF THE AGREEMENT. APPROVED 3-28-2000
MOTION to approve the agreement. Motion by Commissioner Marcus, seconded by Commissioner Roberts, and carried 6-0. Commissioner Newell absent.

2.C. UNSCHEDULED ITEMS - COMMISSIONER COMMENTS
2.C.1.
UNITED ENGINEERING CORPORATION CONTRACT FOR CONSTRUCTION OF WATER TREATMENT PLANT 9 TRANSMISSION MAINS SCHEDULED FOR APRIL 18, 2000, MEETING. DISCUSSED WITH DIRECTION 3-28-2000
Commissioner Roberts requested the continuation of the United Engineering Corporation contract to be scheduled for the April 18, 2000, Board meeting.
2.C.2. CODE ENFORCEMENT ACTIONS AGAINST PALMIERI'S NURSERY. DISCUSSED WITH DIRECTION 3-28-2000
Commissioner McCarty asked for an explanation by the Executive Director of Planning, Zoning and Building, Dominic Sims, of the actions taken by Code Enforcement inspectors against Palmieri's Nursery. She also called for a study to identify possible remedies, such as greater staff sensitivity to the needs of the nursery industry, given the Board's emphasis on fostering agriculture. Mr. Sims promised a study of zoning regulations to make them more "friendly" to agriculture.

Commissioner Aaronson added that he was upset with the reported behavior of Code Enforcement staff, which he characterized as "unacceptable." Commissioner Marcus agreed and recommended that staff's comments to the media need to be more carefully considered before they are made.

Commissioner Roberts suggested that staff make use of Public Affairs to communicate to the media. County Administrator Weisman said the practice has been to rely on department heads as the spokespersons for their respective departments. Mr. Weisman said he would review the issue with all departments.

4. 10:30 A.M. - SOUTH FLORIDA FAIR MASTER PLAN. DISCUSSED 3-28-2000
John Fenn Foster, legal counsel to South Florida Fair & Palm Beach County Expositions, Inc., introduced the presentation of the master plan, which contained the request for $12 million in public funds to assist with the expansion of the fair's Exposition Center. Commissioner Masilotti asked for assurance that Animal Care and Control would be granted access to the fair in order to police possible instances of inappropriate and possibly cruel treatment of animals. Mr. Foster assured Commissioner Masilotti that Animal Care and Control would indeed have access and that the fair would end business arrangements with any provider found in violation of commonly accepted standards governing the treatment of animals.

Commissioner Masilotti also inquired about plans for expanding special care facilities in the fair's emergency shelter. County Administrator Weisman answered that special care capacity was adequate. The difficulty, he said, was in upgrading the facility to Red Cross specifications.

Commissioner Masilotti raised a question on whether donations of local property for parking had been included in the master plan. Brantley B. ("Buck") Christian, fair chief executive officer, replied that they had but that relocation of water catchment areas would become necessary before these donated properties could be used for parking. Relocation of the retention lakes would allow parking south of Belvedere Road and eliminate the danger to pedestrians posed by the need to cross Belvedere, Mr. Christian explained.

Finally, Commissioner Masilotti suggested that the fair use its projected $8 million annual revenue stream to fund half the expansion now and half later. William Owens, consultant to the fair with Economic Research Associates, answered that rising costs made it prudent to undertake the entire expansion effort now. Commissioner Masilotti asked whether a referendum on the issue of County financial assistance to the fair would be acceptable. Mr. Christian responded that it would.

Commissioner McCarty asked Mr. Christian for assurance that, whatever the outcome of the current request for funds, the fair would continue. It would, Mr. Christian said. Given that intention, Commissioner McCarty continued, could the fair extend its bonding capacity to 30 years, which would increase its share of the cost of the expansion from $8 million to between $11 million and $12 million.

If the fair's purpose in seeking County backing was to enjoy a lower interest rate on the bonds, Commissioner McCarty declared, she could support the request only at a 30-year life for the bonds and only with approval by the public in a referendum.

Commissioner Marcus pointed out that the emergency shelter facilities at the fairgrounds were only certified for category 3 preparedness, which might not be adequate given the projections for an increasing number of category 4 and 5 storms in the coming years. Commissioner McCarty insisted that funds to upgrade the certification of the shelters must come from the state. Commissioner Marcus also recommended that the fair's staff consult with the School Board to determine what level of accommodation would be adequate for high school graduation ceremonies. She suggested that seating for 5,000 might be marginal. Mr. Christian assured her that reconfiguring the exposition hall would allow for a larger audience.

Commissioner Roberts asked whether the fair had sought the assistance of the Federal Emergency Management Agency (FEMA) and was told FEMA had not been approached. Commissioner Roberts suggested the fair should have applied to FEMA for assistance before approaching the County. She also asked what the anticipated rate of interest on the bonds was, given the backing of the County. Fair staff replied that the interest was projected at 5.85 percent per year. Commissioner Roberts then said she, too, would need to see the results of a referendum before she could approve the fair's application to the County for funding.

Commissioner Aaronson said he could not support County assistance of the fair's expansion effort. He suggested that the fair instead increase ticket prices to transfer the cost of the improved facilities to those persons who would be using them. Commissioner Aaronson recommended a study to determine whether a higher user fee could pay off a bond issue completely, and he also said he could not approve the fair's request without public endorsement through a referendum.

Commissioner Masilotti requested that the fair work with Assistant County Administrator Vince Bonvento, taking advantage of his expertise in emergency planning, as facilities were upgraded to category 5 preparedness. He said Mr. Bonvento's participation in the planning would also serve to assure the County that the proposal was viable.

PUBLIC COMMENT:

The following speakers expressed unanimous opposition to the fair's proposal: Nanci Alexander, president of the Animal Rights Foundation of Florida, Inc., Stanley Andrews, Margaret Bachtler, Lynne Brenes, staff to Congressman Wexler, John Cook, Beth Ellen DiLuglio, Blayne Doyle, Alana Edwards, Linda Gore, chair of the Advisory Council for Animal Care and Control, Andrea Grieco, Cara Jennings, Jessica Poblano, Faith Pruchnicki, Michelle Rivera, Sarah Steiner, and Wil VanNatta.
(CLERK'S NOTE: Commissioner Roberts left the meeting.)
MOTION to receive and file a letter from Beth Ellen DiLuglio. Motion by Commissioner Aaronson, seconded by Commissioner Masilotti, and carried 5-0. Commissioners Newell and Roberts absent.
(CLERK'S NOTE: Commissioner Roberts rejoined the meeting.)

The speakers who objected to expansion of the Exposition Center did so on the grounds that public funds should not be spent to support a venue that exploits animals by using them in such events as rodeos, circuses, and pig races.

Those speakers who objected to public support for the Agri-Plex as a facility for display of genetically engineered livestock and produce were reminded by the Board that the issue of support for the Agri-Plex was not on the Agenda. In addition, responding to questions put by the speakers, Mr. Christian pledged that the Agri-Plex would not be used for the display of genetically engineered livestock or produce.
MOTION to receive and file a press release from the Animal Rights Foundation of Florida, Inc. Motion by Commissioner Masilotti, seconded by Commissioner Roberts, and carried 6-0. Commissioner Newell absent.

Commissioner Marcus summarized the results of the workshop, mentioning that no funds would be available without an endorsement by the voters in a referendum; that the fair's staff and County staff would confer on the matter of seeking funds from FEMA; and that the fair would meet with Animal Care and Control on the matter of policing animal treatment issues. She recommended including Congressman Robert Wexler's office in the meeting on animal treatment.

Commissioner Lee called for documentation of the complaints of animal cruelty and abuse made by speakers.

6. ADJOURNMENT
The Chair declared the meeting adjourned at 12:05 p.m.

ATTESTED: APPROVED:

Clerk Chair

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