MEETING: BOARD OF COUNTY COMMISSIONERS, REGULAR

1. CALL TO ORDER: April 18, 2000, at 9:33 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 - Absent
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
County Attorney Denise Dytrych
Chief Deputy Clerk John W. Dame
1.B. INVOCATION - Commissioner Roberts
1.C. PLEDGE OF ALLEGIANCE

2. AGENDA APPROVAL
2.A. ADDITIONS, DELETIONS, SUBSTITUTIONS
County Administrator Weisman noted the Agenda changes as follows:
PAGE ITEM
18: 4B REVISED MOTION: Staff recommends motion to adopt delete: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, PERTAINING TO HOSPITAL LIENS;... (Co Atty)
23: 5D-1 REVISED TITLE & SUMMARY: Staff requests Board direction on:
A) Change Order No. 1 to the Contract with United Engineering Corporation (R2000-0111) for the Water Treatment Plant No. 9 Transmission Mains project (Hillsborough Canal to Clint Moore Road) in the amount of $4,768,598.68 deleting approximately 62,000 linear feet of pipe material, replacing 8 jack and bore road crossings with open pavement cuts, and modifying the pipe restraint methodology; designating United Engineering Corporation as County's agent for the inspection and receipt of the materials and agreeing to pay a fee in the amount of $44,641.97 for that service; and
B) a Purchase Order with Price Brothers Company to furnish approximately 62,000 linear feet of pipe material in the amount of $4,464,197.20.
SUMMARY: On January 11, 2000, the Board approved a construction contract (R2000-0111) with United Engineering Corporation (Contractor) in the amount of $10,369,000 to furnish and install raw water, potable water, wastewater and membrane concentrate transmission mains for the new 27 million gallon per day Water Treatment Plant No. 9 in suburban Boca Raton. The contract provides for value engineering saving ideas generated by the Contractor and selected by the County to be shared equally between the Contractor and the County after re-engineering costs are taken into consideration.

The Contractor originally submitted eight (8) value engineering ideas, however only three (3) were selected for consideration to ensure that the overall quality of the project is not diminished. These three (3) items would result in net savings to the County of $298,951.65 (2.9% of the original contract price) and to the Contractor of $114,933.93. By deleting $4,464,197.20 worth of pipe material from this contract and directing the County Purchasing Department to purchase the pipe material directly from Price Brothers Company (the pipe manufacturer), net sales tax savings in the amount of $223,209.86 $267,851.83 can be achieved by the County ($44,641.97 of the tax savings will be retained by the Contractor as compensation for his retained liability, a negotiated figure which is much lower than the 50/50 allowable split). This approach has not been utilized by the Water Utilities Department in the past for a number of reasons, but Facilities Development & Operations has successfully utilized this sales tax recovery methodology for several years. ... (WUD)

24: 5E-1 DELETED: Contract with TriData Corporation and the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. (IAFF 2928) for the Service Delivery Study of Palm Beach County Fire Rescue Department at an amount not to exceed $110,316. The contract amount is to be funded equally between the County and IAFF 2928. (Internal Auditor) (Moved to 4/25/00/waiting on signatures)
25: 5F-1 REVISED TITLE & SUMMARY:
A) approve an Interlocal Agreement; and
B) approve a Lease Agreement with the City of Palm Beach Gardens for the funding, acquisition, construction, operation and maintenance of Gardens District Park; and
C) authorize the County Administrator to exercise the option to purchase the property upon satisfactory completion of due diligence and receipt of a second appraisal.
SUMMARY: The City of Palm Beach Gardens holds an option to purchase approximately 82 acres on Central Boulevard west and south of I-95 in Palm Beach Gardens from Communities Finance Company (CFC), a subsidiary of Watermark Communities (WCI) for $3,129,003. Pursuant to these agreements, the option will be assigned to the County, the County will purchase the 82 acres from CFC and will lease the property to the City of Palm Beach Gardens for 50 years for $1/year for development of a District Park. The purchase price will be funded from the $25 million Recreational and Cultural Facilities Bond Issue. Staff obtained one (1) appraisal of the property indicating a value of $3,875,000. A second appraisal is in process. The City will develop, operate and maintain the Park at its sole cost and expense, and will open the Park to all County residents on a nondiscriminatory basis. The Park will be developed in two (2) phases. Phase I must be commenced within 3 years and completed within 5 years. Phase II must be commenced within 7 years and completed within 10 years. CFC offered the parties a 15% discount to the previously agreed upon purchase price of $3,680,550 to accelerate the closing to April 30, 2000.  In light of the compressed time period, not all due diligence has been completed at this time, but is expected to be completed by April 30 in time for the closing. Staff is requesting the authority be delegated to the County Administrator to exercise the option once the due diligence has been completed, provided the second appraisal indicates a value in excess of the purchase price. (PREM) District 1 (HJF)

2.B. ADOPTION
MOTION to adopt the Agenda as amended. Motion by Commissioner Marcus, seconded by Commissioner Masilotti, and carried 6-0. Commissioner Lee absent.

3. CONSENT AGENDA - See Pages 3-15.

4. PUBLIC HEARINGS - 9:30 A.M. - See Pages 16-24.
BCC SITTING AS THE CHILD CARE ADVISORY BOARD - See Page 24.

5. REGULAR AGENDA - See Pages 24-34.

6. BOARD APPOINTMENTS - See Pages 35-36.

7. STAFF COMMENTS - See Page 36.

8. COMMISSIONER COMMENTS - See Pages 36-39.

9. ADJOURNMENT - See Page 39.

***** CONSENT AGENDA APPROVAL *****

3.A. ADMINISTRATION
3.A.1. RECEIVE AND FILE VILLAGE OF NORTH PALM BEACH RESOLUTION 20-2000 REQUESTING THAT THE FLORIDA STATE LEGISLATURE APPROVE AND ADOPT THE BUILDING OFFICIALS ASSOCIATION OF FLORIDA'S POSITION ON THE FLORIDA BUILDING CODE, WHICH POSITION IS SET FORTH IN EXHIBIT A. APPROVED 4-18-2000

3.A.2. DOCUMENT R-2000-0503
RECEIVE AND FILE THE ORIGINAL EXECUTED EXHIBIT 12 TO THE FEDERAL AVIATION ADMINISTRATION MASTER GROUND LEASE AGREEMENT COVERING THE DIGITAL AIRPORT SURVEILLANCE RADAR SITE AT PALM BEACH INTERNATIONAL AIRPORT. (AMENDS R-95-1251-D) APPROVED 4-18-2000

3.B. CLERK
3.B.1. WARRANT LIST DATED APRIL 17, 2000. APPROVED 4-18-2000
COMPUTER CHECKS $18,599,310.70
WIRE TRANSFERS 17,322,619.59
MANUAL CHECKS 1,000.00
TRUSTEE DISBURSEMENTS $ 0.00
$35,922,930,29

3.B.2. MINUTES - None
3.B.3. CONTRACTS ON THE CONTRACT LIST OR CLAIMS SETTLEMENT EXECUTED BY THE PURCHASING DIRECTOR OR RISK MANAGEMENT DIRECTOR:
a. TERM CONTRACT WITH DESANTIS, GASKILL, SMITH & SHENKMAN, P.A.; PRESTIGE TITLE AGENCY, INC.; SOUTHEAST GUARANTY & TITLE, INC.; SUN TITLE & ABSTRACT COMPANY; AND FOR TITLE SEARCH SERVICES ON AN AS-NEEDED BASIS FROM SEPTEMBER 7, 2000, THROUGH SEPTEMBER 6, 2001, FOR $225,750. APPROVED 4-18-2000
b. DOCUMENT R-2000-0504
PURCHASE OF ONE HAZARDOUS MATERIALS VEHICLE AND TWO BRUSH FIREFIGHTING VEHICLES FROM FERRARA FIRE APPARATUS, INC., FOR $791,319. APPROVED 4-18-2000
c. RENEWAL OF TERM CONTRACT WITH ALL-GREEN IRRIGATION & LANDSCAPING, INC., FOR IRRIGATION SYSTEM MAINTENANCE AND PARTS ON AN AS-NEEDED BASIS FROM MAY 1, 2000, THROUGH APRIL 30, 2001, FOR $120,000. APPROVED 4-18-2000
d. RENEWAL OF TERM CONTRACT WITH CROWN TECHNOLOGY II, LLC, FOR THERMOPLASTIC PAVEMENT MARKING MATERIALS ON AN AS-NEEDED BASIS FROM MAY 5, 2000, THROUGH MAY 4, 2001, FOR $197,500. APPROVED 4-18-2000
e. TERM CONTRACT WITH ALTIMA LIGHTING, INC., FOR MAINTENANCE AND REPAIRS OF LIGHT POLES ON AN AS-NEEDED BASIS FROM APRIL 18, 2000, THROUGH OCTOBER 17, 2001, FOR $174,000. APPROVED 4-18-2000
f. TERM CONTRACT WITH R & M DEESE, INC., FOR PURCHASE OF ELECTRO-TECHS LED SIGNAL RETROFIT KITS ON AN AS-NEEDED BASIS FROM APRIL 18, 2000, THROUGH APRIL 17, 2002, FOR $900,000. APPROVED 4-18-2000
g. RE-AWARD OF TERM CONTRACT TO DIAMOND DETECTIVE AGENCY, INC., FOR UNARMED SECURITY GUARDS FROM APRIL 19, 2000, THROUGH JUNE 15, 2001, FOR $387,000. APPROVED 4-18-2000
h. TERM CONTRACT WITH TENDER LOVING CARE HEALTH CARE SERVICES, INC., AND MEGA NURSING SERVICES, INC., TO PROVIDE IN-HOME HEALTH CARE SERVICES TO DEPARTMENT OF SENIOR SERVICES CLIENTS FROM MAY 1, 2000, THROUGH AUGUST 31, 2000, FOR $224,000. APPROVED 4-18-2000
i. TERM CONTRACT WITH AGRO DISTRIBUTION, LLC; CARSO, INC.; CWC CHEMICAL, INC.; DEANGELO BROTHERS, INC.; GLADES FORMULATING CORPORATION; GOLF VENTURES, INC.; HARRELL'S, INC.; HELENA CHEMICAL COMPANY; LESCO, INC.; PARKWAY RESEARCH CORPORATION; SOUTHERN STATES CORPORATION; TIMBERLAND; UNITED HORTICULTURAL SUPPLY; AND VAN WATERS & ROGERS TO PROVIDE FERTILIZERS, HERBICIDES, AND INSECTICIDES ON AN AS-NEEDED BASIS FROM APRIL 18, 2000, THROUGH APRIL 17, 2001, FOR $600,500. APPROVED 4-18-2000
j. DOCUMENT R-2000-0505
CONTRACT WITH MOTOROLA, INC., TO PROVIDE MAINTENANCE SERVICES, FACTORY SUPPORT, AND SOFTWARE UPDATES FOR THE FIRE-RESCUE DISPATCH CENTER EQUIPMENT AND SOFTWARE FROM JANUARY 1, 2000, THROUGH DECEMBER 31, 2003, FOR $427,992. APPROVED 4-18-2000
k. WORKER'S COMPENSATION CLAIMS SETTLEMENT WITH JOSEPH SIMPSON FOR $60,389 FOR INJURIES TO BOTH KNEES AS A RESULT OF INDUSTRIAL ACCIDENTS. APPROVED 4-18-2000

3.C. ENGINEERING AND PUBLIC WORKS
3.C.1. BUDGET AMENDMENT 2000-0650
BUDGET AMENDMENT IN THE TRANSPORTATION IMPROVEMENT FUND FOR $60,000 INCREASING DEVELOPER CONTRIBUTIONS FOR THE MILITARY TRAIL AT BOCA CENTER PROJECT TO RECOGNIZE THE DEVELOPER'S CONTRIBUTION TO CONTINUE THE ACQUISITION PROCESS. APPROVED 4-18-2000

3.C.2. BUDGET TRANSFER 2000-0649
BUDGET TRANSFER IN THE ROAD IMPACT FEE AREA I FUND FOR $35,000 FROM RESERVES FOR DESIGN AND ALIGNMENT FOR FISCAL YEAR 1999 TO THE HAVERHILL ROAD FROM LANTANA ROAD TO MELALEUCA LANE PROJECT TO FUND ESTIMATED ENGINEERING SERVICES AND ROADWAY PRODUCTION STAFF CHARGES. APPROVED 4-18-2000

3.C.3. DELETED

3.C.4. DELETED

3.C.5. READING INTO THE RECORDS AND COMPLIANCE WITH FLORIDA STATUTE 287.055 (PUBLIC ANNOUNCEMENT IN A UNIFORM AND CONSISTENT MANNER) THE NOTICE OF REQUEST FOR PROFESSIONAL SERVICES REQUIRED FOR THE DESIGN AND CONSTRUCTION OF SOUTH LAKE WORTH INLET SAND TRANSFER PLANT PROJECT. APPROVED 4-18-2000

3.C.6. BUDGET TRANSFER 2000-0648
BUDGET TRANSFER IN THE MUNICIPAL SERVICE TAXING UNIT (MSTU) DISTRICT A FUND FOR $46,115 FROM RESERVES TO THE NORTH AND SOUTH WALLEN DRIVES FROM PROSPERITY FARMS ROAD EAST TO THE END PROJECT TO PROVIDE FUNDING FOR CONSULTANT FEES OF $38,415, DESIGN CONTINGENCIES OF $3,000, AND ADMINISTRATIVE COSTS OF $4,700. APPROVED 4-18-2000

3.C.7. BUDGET TRANSFER 2000-0647
BUDGET TRANSFER IN THE UNINCORPORATED IMPROVEMENTS FUND FOR $47,214 FROM SUBDIVISION IMPROVEMENT RESERVES TO THE COUNTRY OAKS LANE FROM PROSPERITY FARMS ROAD EAST TO THE END PROJECT TO PROVIDE FUNDING FOR CONSULTANT FEES OF $39,514, DESIGN CONTINGENCIES OF $3,000, AND ADMINISTRATIVE COSTS OF $4,700. APPROVED 4-18-2000

3.C.8. a. DOCUMENT R-2000-0506
AGREEMENT WITH G.L. HOMES OF FLORIDA II CORPORATION (DEVELOPER) FOR ACQUISITION OF RIGHT-OF-WAY AS NEEDED FOR THE HAVERHILL ROAD FROM LANTANA ROAD TO MELALEUCA LANE PROJECT. APPROVED 4-18-2000
b. BUDGET AMENDMENT 2000-0646
BUDGET AMENDMENT IN THE ROAD IMPACT FEE AREA I FUND FOR $100,000 TO RECOGNIZE THE DEVELOPER'S PAYMENT OF PROJECT- SPECIFIC IMPACT FEES FOR RIGHT-OF-WAY ACQUISITION FOR THE HAVERHILL ROAD FROM LANTANA ROAD TO MELALEUCA LANE PROJECT. (SEE R-2000-0506) APPROVED 4-18-2000

3.D. COUNTY ATTORNEY
3.D.1. RESOLUTION R-2000-0507
RESOLUTION SUPPORTING THE WEST PALM BEACH HOUSING AUTHORITY IN THEIR APPLICATION FOR A HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE (HOPE) VI GRANT FOR REDEVELOPMENT OF THE PLEASANT CITY PUBLIC HOUSING DEVELOPMENT. ADOPTED 4-18-2000

3.D.2. DOCUMENT R-2000-0508
RESOLUTION URGING THE SHERIFF AND LOCAL LAW ENFORCEMENT AGENCIES THROUGH THE POLICE CHIEFS ASSOCIATION TO PURCHASE WEAPONS ONLY FROM GUN MAKERS THAT PRODUCE SAFER FIREARMS. ADOPTED 4-18-2000

3.E. COMMUNITY SERVICES
3.E.1. BUDGET AMENDMENT 2000-0661
BUDGET AMENDMENT IN THE RYAN WHITE CARE ACT FUND FOR $2,406,414 TO BRING THE BUDGET IN ALIGNMENT WITH THE INCREASED GRANT AWARD OF $7,169,030 FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FROM MARCH 1, 2000, THROUGH FEBRUARY 28, 2001. NO COUNTY FUNDS ARE REQUIRED. (RYAN WHITE COMPREHENSIVE AIDS PROGRAM) APPROVED 4-18-2000

3.E.2. a. DOCUMENT R-2000-0509
MEDICAID WAIVER REFERRAL AGREEMENT WITH THE AREA AGENCY ON AGING OF PALM BEACH/TREASURE COAST, INC., AND A HOME CARE SERVICES OF PALM BEACH COUNTY CORPORATION TO PROVIDE IN-HOME SERVICES TO THE ELDERLY FROM APRIL 18, 2000, THROUGH JULY 31, 2001. THE VENDORS WILL BILL MEDICAID DIRECTLY. NO COUNTY FUNDS ARE REQUIRED. APPROVED 4-18-2000
b. DOCUMENT R-2000-0510
MEDICAID WAIVER REFERRAL AGREEMENT WITH THE AREA AGENCY ON AGING OF PALM BEACH/TREASURE COAST, INC., AND HOME HEALTH EQUIPMENT TO PROVIDE IN-HOME SERVICES TO THE ELDERLY FROM APRIL 18, 2000, THROUGH JULY 31, 2001. THE VENDORS WILL BILL MEDICAID DIRECTLY. NO COUNTY FUNDS ARE REQUIRED. APPROVED 4-18-2000
c. DOCUMENT R-2000-0511
MEDICAID WAIVER REFERRAL AGREEMENT WITH THE AREA AGENCY ON AGING OF PALM BEACH/TREASURE COAST, INC., AND SOUTH FLORIDA MEDICAL SUPPLY, INC., TO PROVIDE IN-HOME SERVICES TO THE ELDERLY FROM APRIL 18, 2000, THROUGH JULY 31, 2001. THE VENDORS WILL BILL MEDICAID DIRECTLY. NO COUNTY FUNDS ARE REQUIRED. APPROVED 4-18-2000
d. DOCUMENT R-2000-0512
MEDICAID WAIVER REFERRAL AGREEMENT WITH THE AREA AGENCY ON AGING OF PALM BEACH/TREASURE COAST, INC., AND VIP AMERICA, INC., TO PROVIDE IN-HOME SERVICES TO THE ELDERLY FROM APRIL 18, 2000, THROUGH JULY 31, 2001. THE VENDORS WILL BILL MEDICAID DIRECTLY. NO COUNTY FUNDS ARE REQUIRED. APPROVED 4-18-2000

3.E.3. DOCUMENT R-2000-0513
AMENDMENT 1 TO THE CONTRACT WITH FRANCISCO ERNESTO JIMENEZ, D.D.S., TO REVISE THE DENTAL FEE SCHEDULE BASED ON CURRENT MEDICAID RATES FROM JANUARY 11, 2000, THROUGH SEPTEMBER 30, 2000, FOR SERVICES TO NON-MEDICAID, UNINSURED HEAD START CHILDREN. NO ADDITIONAL FUNDS ARE REQUIRED. (AMENDS R-2000-0038) APPROVED 4-18-2000

3.E.4. a. DOCUMENT R-2000-0514
CONTRACT WITH HOPE HOUSE OF THE PALM BEACHES, INC., FOR $689,685 TO PROVIDE SERVICES TO THE HIV/AIDS-AFFECTED COMMUNITY AND PROVIDE COUNCIL/PROGRAM SUPPORT UNDER THE RYAN WHITE CARE ACT FROM MARCH 1, 2000, THROUGH FEBRUARY 28, 2001. NO COUNTY FUNDS ARE REQUIRED. APPROVED 4-18-2000
b. DOCUMENT R-2000-0515
CONTRACT WITH COMPREHENSIVE AIDS PROGRAM OF PALM BEACH COUNTY, INC., FOR $2,406,014 TO PROVIDE SERVICES TO THE HIV/AIDS-AFFECTED COMMUNITY AND PROVIDE COUNCIL/PROGRAM SUPPORT UNDER THE RYAN WHITE CARE ACT FROM MARCH 1, 2000, THROUGH FEBRUARY 28, 2001. NO COUNTY FUNDS ARE REQUIRED. APPROVED 4-18-2000
c. DOCUMENT R-2000-0516
CONTRACT WITH PALM BEACH COUNTY HEALTH DEPARTMENT FOR $1,066,703 TO PROVIDE SERVICES TO THE HIV/AIDS-AFFECTED COMMUNITY AND PROVIDE COUNCIL/PROGRAM SUPPORT UNDER THE RYAN WHITE CARE ACT FROM MARCH 1, 2000, THROUGH FEBRUARY 28, 2001. NO COUNTY FUNDS ARE REQUIRED. APPROVED 4-18-2000
d. DOCUMENT R-2000-0517
CONTRACT WITH COMPASS, INC., FOR $136,056 TO PROVIDE SERVICES TO THE HIV/AIDS-AFFECTED COMMUNITY AND PROVIDE COUNCIL/PROGRAM SUPPORT UNDER THE RYAN WHITE CARE ACT FROM MARCH 1, 2000, THROUGH FEBRUARY 28, 2001. NO COUNTY FUNDS ARE REQUIRED. APPROVED 4-18-2000}
e. DOCUMENT R-2000-0518
CONTRACT WITH CATHOLIC CHARITIES-EMMAUS RESIDENCE FOR $24,630 TO PROVIDE SERVICES TO THE HIV/AIDS-AFFECTED COMMUNITY AND PROVIDE COUNCIL/PROGRAM SUPPORT UNDER THE RYAN WHITE CARE ACT FROM MARCH 1, 2000, THROUGH FEBRUARY 28, 2001. NO COUNTY FUNDS ARE REQUIRED. APPROVED 4-18-2000
f. DOCUMENT R-2000-0519
CONTRACT WITH HAITIAN CENTER FOR FAMILY SERVICES FOR $226,604 TO PROVIDE SERVICES TO THE HIV/AIDS-AFFECTED COMMUNITY AND PROVIDE COUNCIL/PROGRAM SUPPORT UNDER THE RYAN WHITE CARE ACT FROM MARCH 1, 2000, THROUGH FEBRUARY 28, 2001. NO COUNTY FUNDS ARE REQUIRED. APPROVED 4-18-2000
g. DOCUMENT R-2000-0520
CONTRACT WITH TREASURE COAST HEALTH COUNCIL FOR $835,878 TO PROVIDE SERVICES TO THE HIV/AIDS-AFFECTED COMMUNITY AND PROVIDE COUNCIL/PROGRAM SUPPORT UNDER THE RYAN WHITE CARE ACT FROM MARCH 1, 2000, THROUGH FEBRUARY 28, 2001. NO COUNTY FUNDS ARE REQUIRED. APPROVED 4-18-2000
h. DOCUMENT R-2000-0521
CONTRACT WITH 45TH STREET MENTAL HEALTH CENTER FOR $449,797 TO PROVIDE SERVICES TO THE HIV/AIDS-AFFECTED COMMUNITY AND PROVIDE COUNCIL/PROGRAM SUPPORT UNDER THE RYAN WHITE CARE ACT FROM MARCH 1, 2000, THROUGH FEBRUARY 28, 2001. NO COUNTY FUNDS ARE REQUIRED. APPROVED 4-18-2000
i. DOCUMENT R-2000-0522
CONTRACT WITH LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., FOR $388,973 TO PROVIDE SERVICES TO THE HIV/AIDS-AFFECTED COMMUNITY AND PROVIDE COUNCIL/PROGRAM SUPPORT UNDER THE RYAN WHITE CARE ACT FROM MARCH 1, 2000, THROUGH FEBRUARY 28, 2001. NO COUNTY FUNDS ARE REQUIRED. APPROVED 4-18-2000
j. DOCUMENT R-2000-0523
CONTRACT WITH LATIN AMERICAN IMMIGRANT & REFUGEE ORGANIZATION, INC., FOR $54,000 TO PROVIDE SERVICES TO THE HIV/AIDS-AFFECTED COMMUNITY AND PROVIDE COUNCIL/PROGRAM SUPPORT UNDER THE RYAN WHITE CARE ACT FROM MARCH 1, 2000, THROUGH FEBRUARY 28, 2001. NO COUNTY FUNDS ARE REQUIRED. APPROVED 4-18-2000
k. DOCUMENT R-2000-0524
CONTRACT WITH PALM BEACH COUNTY HEALTH CARE DISTRICT FOR $194,775 TO PROVIDE SERVICES TO THE HIV/AIDS-AFFECTED COMMUNITY AND PROVIDE COUNCIL/PROGRAM SUPPORT UNDER THE RYAN WHITE CARE ACT FROM MARCH 1, 2000, THROUGH FEBRUARY 28, 2001. NO COUNTY FUNDS ARE REQUIRED. APPROVED 4-18-2000
l. DOCUMENT R-2000-0525
CONTRACT WITH COMMUNITY AIDS RESOURCE, INC., DBA CARE RESOURCE, FOR $110,806 TO PROVIDE SERVICES TO THE HIV/AIDS-AFFECTED COMMUNITY AND PROVIDE COUNCIL/PROGRAM SUPPORT UNDER THE RYAN WHITE CARE ACT FROM MARCH 1, 2000, THROUGH FEBRUARY 28, 2001. NO COUNTY FUNDS ARE REQUIRED. APPROVED 4-18-2000

3.E.5. DOCUMENT R-2000-0526
COOPERATIVE AGREEMENT WITH THE SCHOOL DISTRICT TO PROVIDE EXCEPTIONAL STUDENT EDUCATION PROGRAMS FOR ELIGIBLE HEAD START STUDENTS AGES THREE THROUGH FIVE FROM JULY 1, 2000, THROUGH JUNE 30, 2001. HEAD START WILL SCREEN STUDENTS FOR VISION, SPEECH, HEARING, DEVELOPMENT, AND BEHAVIOR TO IDENTIFY STUDENTS APPROPRIATE FOR THE PROGRAM. THERE IS NO FISCAL IMPACT. APPROVED 4-18-2000

3.E.6. DOCUMENT R-2000-0527
AGREEMENT WITH THE SCHOOL DISTRICT TO PROVIDE VOCATIONAL TRAINING AND ACADEMIC EDUCATION UNDER THE WORKFORCE INVESTMENT ACT (WIA), TITLE I, SECTION 167 FOR AN AMOUNT NOT TO EXCEED $30,000 FROM JULY 1, 2000, THROUGH JUNE 30, 2002. THE SCHOOL DISTRICT WILL BE REIMBURSED BY THE PROGRAM FOR BOOKS, FEES, AND TUITION. FUNDING IS 100 PERCENT STATE. NO COUNTY FUNDS ARE REQUIRED. APPROVED 4-18-2000

3.E.7. DOCUMENT R-2000-0528
AMENDMENT 1 TO THE HEAD START DELEGATE AGENCY AGREEMENT WITH THE SCHOOL DISTRICT TO INCREASE THE AGREEMENT BY $47,528 FROM OCTOBER 1, 1999, THROUGH SEPTEMBER 30, 2000, TO PROVIDE HEAD START SERVICES TO 32 ADDITIONAL CHILDREN FOR A TOTAL ENROLLMENT OF 186. FUNDING OF THESE ADDITIONAL SLOTS AND CLASSROOM RENOVATIONS ARE PROVIDED WITH 80 PERCENT FEDERAL FUNDS AND 20 PERCENT COUNTY FUNDS. (AMENDS R-99-1744-D) APPROVED 4-18-2000

3.F. AIRPORTS
3.F.1. DOCUMENT R-2000-0529
AGREEMENT TO PURCHASE PROPERTY LOCATED WEST OF RUNWAY 9L AT PALM BEACH INTERNATIONAL AIRPORT FROM ROBERTO S. LEON AND MARIA S. LEON FOR PARCEL W-93 LOCATED AT 4839 AMELIA STREET, WEST PALM BEACH, FOR A SALES PRICE OF $55,000 AND REPLACEMENT HOUSING COSTS OF $16,388 FOR THE PART 150 NOISE COMPATIBILITY STUDY. APPROVED 4-18-2000

3.F.2. DOCUMENT R-2000-0530
AMENDMENT 1 TO THE AIRPORT RENTAL CAR LEASE AND CONCESSION AGREEMENT WITH ALAMO RENT-A-CAR, INC., PROVIDING FOR THE CHANGE OF THE NAME OF THE COMPANY TO ALAMO RENT-A-CAR, L.L.C. (AMENDS R-98-1878-D) APPROVED 4-18-2000

3.G. OFFICE OF FINANCIAL MANAGEMENT AND BUDGET
3.G.1. a. BUDGET AMENDMENT 2000-0643
BUDGET AMENDMENT IN THE $45.625 MILLION GENERAL OBLIGATION REFUNDING BONDS, SERIES 1998 DEBT SERVICE FUND FOR $750 TO BRING THE BALANCE FORWARD FROM FISCAL YEAR 1999 FOR THE PAYMENT OF PAYING AGENT FEES. APPROVED 4-18-2000
b. BUDGET AMENDMENT 2000-0644
BUDGET AMENDMENT IN THE $50 MILLION GENERAL OBLIGATION BONDS, SERIES 1991 DEBT SERVICE FUND FOR $750 TO BRING THE BALANCE FORWARD FROM FISCAL YEAR 1999 FOR THE PAYMENT OF PAYING AGENT FEES. APPROVED 4-18-2000

3.G.2. NEGOTIATED SETTLEMENT OFFER OF $5,000 FOR SATISFACTION OF A CODE ENFORCEMENT LIEN ENTERED AGAINST MARY G. ROSENBERGER ON SEPTEMBER 12, 1997, FOR CODE VIOLATIONS INVOLVING BUILDING AN ADDITION AND PLACING SIDING ON THE HOUSE WITHOUT PERMITS AND INSPECTIONS. THE ACCUMULATED FINES, INTEREST, AND CODE ENFORCEMENT BOARD COSTS TOTALED $42,362, OF WHICH MS. ROSENBERGER AGREED TO PAY $5,000 FOR FULL SETTLEMENT OF THE LIEN. APPROVED 4-18-2000

3.H. FACILITIES DEVELOPMENT AND OPERATIONS
3.H.1. DOCUMENT R-2000-0531
CHANGE ORDER 2 TO THE CONTRACT WITH HURRICANE PROTECTION, INC., FOR $398,054 TO PROVIDE HURRICANE SHUTTERS AT OLYMPIC HEIGHTS AND WILLIAM T. DWYER HIGH SCHOOLS AND TO EXTEND THE COMPLETION DATE BY 150 DAYS TO ACCOMPLISH THE ADDITIONAL WORK. (AMENDS R-2000-0185) APPROVED 4-18-2000

3.H.2. DOCUMENT R-2000-0532
AMENDMENT 1 TO THE ANNUAL ARCHITECTURAL/PROFESSIONAL SERVICES AGREEMENT WITH GEE & JENSON ENGINEERS-ARCHITECTS-PLANNERS, INC., TO PROVIDE SERVICES ON PROJECTS WITH CONSTRUCTION COSTS OF LESS THAN $500,000. THIS AMENDMENT IS A RENEWAL OF THE AGREEMENT TO MAY 4, 2001. WORK IS AUTHORIZED THROUGH INDIVIDUAL TASK AGREEMENTS WHEN THEY ARE REQUIRED DURING THE TERM OF THIS CONTRACT. (AMENDS R-99-743-D) APPROVED 4-18-2000

3.H.3. DOCUMENT R-2000-0533
AMENDMENT 1 TO THE ANNUAL ARCHITECTURAL/PROFESSIONAL SERVICES AGREEMENT WITH MPA ARCHITECTS, INC., TO PROVIDE SERVICES ON PROJECTS WITH CONSTRUCTION COSTS OF LESS THAN $500,000. THIS AMENDMENT IS A RENEWAL OF THE AGREEMENT TO MAY 4, 2001. WORK IS AUTHORIZED THROUGH INDIVIDUAL TASK AGREEMENTS WHEN THEY ARE REQUIRED DURING THE TERM OF THIS CONTRACT. (AMENDS R-99-744-D) APPROVED 4-18-2000

3.H.4. DOCUMENT R-2000-0534
AMENDMENT 1 TO THE ANNUAL ARCHITECTURAL/PROFESSIONAL SERVICES AGREEMENT WITH STEPHEN L. BORUFF, AIA ARCHITECTS & PLANNERS, INC., TO PROVIDE SERVICES ON PROJECTS WITH CONSTRUCTION COSTS OF LESS THAN $500,000. THIS AMENDMENT IS A RENEWAL OF THE AGREEMENT TO MAY 4, 2001. WORK IS AUTHORIZED THROUGH INDIVIDUAL TASK AGREEMENTS WHEN THEY ARE REQUIRED DURING THE TERM OF THIS CONTRACT. (AMENDS R-99-742-D) APPROVED 4-18-2000

3.H.5. DOCUMENT R-2000-0535
EXTENSION OPTION OF FIVE YEARS UNDER THE LEASE AGREEMENT WITH RAYCOME NATIONAL, INC., DBA WFLX-TV, FORMERLY KNOWN AS MALRITE COMMUNICATIONS GROUP INC., TO LEASE SPACE ON THE WFLX CHANNEL 29 COMMUNICATIONS TOWER LOCATED APPROXIMATELY ONE-HALF MILE NORTH OF THE END OF HOMELAND ROAD. THE COUNTY HAS INSTALLED TWO RADIO ANTENNAS ON THE TOWER AND OCCUPIES APPROXIMATELY 20 SQUARE FEET OF AN ADJACENT EQUIPMENT BUILDING AS PART OF PALM TRAN'S AUTOMATIC VEHICLE LOCATING SYSTEM. THE CURRENT ANNUAL GROSS RENT, INCLUDING CHARGES FOR ELECTRICITY, IS $33,765. ANNUAL GROSS RENT DURING THE EXTENDED LEASE TERM IS SUBJECT TO ANNUAL CONSUMER PRICE INDEX (CPI) INCREASES OF 3 PERCENT MINIMUM AND 5 PERCENT MAXIMUM. (AMENDS R-95-813-D) APPROVED 4-18-2000

3.I. HOUSING AND COMMUNITY DEVELOPMENT - NONE

3.J. PLANNING, ZONING AND BUILDING - NONE

3.K. WATER UTILITIES
3.K.1. DELETED
3.K.2. DOCUMENT R-2000-0536
CONSULTANT SERVICES AUTHORIZATION 5 TO THE CONTRACT WITH CAMP DRESSER AND MCKEE, INC., FOR $86,259 TO DEVELOP PHASE I OF A WATER RESOURCES PLAN FOR THE FOX NATURAL AREA. (AMENDS R-99-831-D) APPROVED 4-18-2000

3.L. ENVIRONMENTAL RESOURCES MANAGEMENT
3.L.1.  AGREEMENTS (4) FOR PURCHASE AND SALE INVOLVING FOUR PARCELS (5.48 ACRES) OF LAND IN UNIT 11 WITH MITIGATION FUNDS, AT AN AGGREGATE COST OF $29,531.25 (LAND COST) PLUS $1,781 (CLOSING AND MISCELLANEOUS COSTS), FOR A TOTAL OF $31,312.25, AS FOLLOWS: APPROVED 4-18-2000
a. DOCUMENT R-2000-0537
AGREEMENT WITH WENDY L. BROOKER FOR $6,468.75 FOR PURCHASE OF 1.15 ACRES OF LAND (PROPERTY CONTROL NUMBER [PCN] 00414129000003350) IN UNIT 11 TO PROVIDE MITIGATION FOR FUTURE WETLAND PERMITTING ACTIVITIES IN THE ACREAGE. APPROVED 4-18-2000
b. DOCUMENT R-2000-0538
AGREEMENT WITH DOROTHY ISAURA ET AL. FOR $7,368.75 FOR PURCHASE OF 1.31 ACRES OF LAND (PROPERTY CONTROL NUMBER [PCN] 00414130000001190) IN UNIT 11 TO PROVIDE MITIGATION FOR FUTURE WETLAND PERMITTING ACTIVITIES IN THE ACREAGE. APPROVED 4-18-2000
c. DOCUMENT R-2000-0539
AGREEMENT WITH MARC I. PELLATT FOR $5,175 FOR PURCHASE OF 1.15 ACRES OF LAND (PROPERTY CONTROL NUMBER [PCN] 00414131000005650) IN UNIT 11 TO PROVIDE MITIGATION FOR FUTURE WETLAND PERMITTING ACTIVITIES IN THE ACREAGE. APPROVED 4-18-2000
d. DOCUMENT R-2000-0540
AGREEMENT WITH SELBST LAND DEVELOPMENT, INC., FOR $10,518.75 FOR PURCHASE OF 1.87 ACRES OF LAND (PROPERTY CONTROL NUMBER [PCN] 00414129000003060) IN UNIT 11 TO PROVIDE MITIGATION FOR FUTURE WETLAND PERMITTING ACTIVITIES IN THE ACREAGE. APPROVED 4-18-2000

3.L.2. BUDGET TRANSFER 2000-0616
BUDGET TRANSFER IN THE $75 MILLION CONSERVATION LANDS 1999 FUND FOR $19,000 FROM
RESERVES TO ESTABLISH A PROJECT ACCOUNT FOR THE ACREAGE PINES ECOSITE. APPROVED 4-18-2000

3.L.3. a. DOCUMENT R-2000-0541
AGREEMENT WITH FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES FOR A $9,420 URBAN AND COMMUNITY FORESTRY GRANT TO REIMBURSE THE COUNTY FOR PURCHASE OF AN HP LASERJET 8500N PRINTER, FOLDING MACHINE, AND PRINTING SUPPLIES TO MASS- PRODUCE COLOR BROCHURES/PAMPHLETS/FLYERS FOR A TERM BEGINNING UPON EXECUTION BY THE STATE AND ENDING SEPTEMBER 30, 2001. THE MATCHING COUNTY FUNDS OF $9,420 WILL CONSIST OF PURCHASING PRINTING SUPPLIES AND PROVIDING STAFF TIME TO DEVELOP AND PREPARE WRITTEN MATERIALS. APPROVED 4-18-2000
b. BUDGET AMENDMENT 2000-0654
BUDGET AMENDMENT IN THE GENERAL FUND FOR $9,420 TO ESTABLISH THE REVENUE AND APPROPRIATIONS BUDGET FOR THE GRANT RECEIVED FROM FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES TO REIMBURSE THE COUNTY FOR PURCHASE OF AN HP LASERJET 8500N PRINTER, FOLDING MACHINE, AND PRINTING SUPPLIES TO MASS- PRODUCE COLOR BROCHURES/PAMPHLETS/FLYERS. (SEE R-2000-0541) APPROVED 4-18-2000
c. AUTHORIZE THE COUNTY ADMINISTRATOR OR HIS DESIGNEE TO SIGN ALL FUTURE TIME EXTENSIONS, TASK ASSIGNMENTS, CERTIFICATIONS, AND OTHER FORMS ASSOCIATED WITH THIS AGREEMENT, AND NECESSARY MINOR AMENDMENTS THAT DO NOT CHANGE THE SCOPE OF WORK OR TERMS AND CONDITIONS OF THE AGREEMENT. (SEE R-2000-0541) APPROVED 4-18-2000

3.M. PARKS AND RECREATION
3.M.1. DOCUMENT R-2000-0542
TRI-PARTY INTERLOCAL AGREEMENT WITH THE CITY OF BOYNTON BEACH AND THE BOYNTON CULTURAL CENTRE, INC., IN AN AMOUNT NOT TO EXCEED $1 MILLION FOR FUNDING OF THE 1913 SCHOOLHOUSE MUSEUM IMPROVEMENTS FROM MARCH 9, 1999, THROUGH APRIL 17, 2003. APPROVED 4-18-2000

3.M.2. a. DOCUMENT R-2000-0543
AGREEMENT WITH THE CITY OF PALM BEACH GARDENS IN AN AMOUNT NOT TO EXCEED $50,000 FOR FUNDING OF THE DEVELOPMENT OF WESTMINISTER PARK FROM APRIL 18, 2000, THROUGH OCTOBER 17, 2001. APPROVED 4-18-2000
b. BUDGET TRANSFER 2000-0653
BUDGET TRANSFER IN THE PARK IMPROVEMENT FUND FOR $50,000 FROM RESERVES FOR DISTRICT 1 TO PALM BEACH GARDENS/WESTMINISTER PARK DEVELOPMENT. (SEE R-2000-0543) APPROVED 4-18-2000

3.M.3. a. DOCUMENT R-2000-0544
AGREEMENT WITH THE TOWN OF MANALAPAN IN AN AMOUNT NOT TO EXCEED $40,000 FOR FUNDING OF THE DEVELOPMENT OF AUDUBON BRIDGE PASSIVE PARK FROM NOVEMBER 1, 1999, TO OCTOBER 17, 2001. APPROVED 4-18-2000
b. BUDGET TRANSFER 2000-0651
BUDGET TRANSFER IN THE PARK IMPROVEMENT FUND FOR $40,000 FROM RESERVES FOR DISTRICT 4 TO MANALAPAN/AUDUBON BRIDGE PASSIVE PARK DEVELOPMENT. (SEE R-2000-0544) APPROVED 4-18-2000

3.M.4. DOCUMENT R-2000-0545
AGREEMENT WITH THE CITY OF WEST PALM BEACH IN AN AMOUNT NOT TO EXCEED $75,000 FOR FUNDING OF THE PHIPPS PARK ROLLER HOCKEY RINK FROM JANUARY 3, 2000, THROUGH OCTOBER 17, 2001. APPROVED 4-18-2000

3.N. LIBRARY
3.N.1. DOCUMENT R-2000-0546
RECEIVE AND FILE SECOND YEAR DEVELOPMENT GRANT APPLICATION TO FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES FOR A $55,000 LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA) GRANT FOR FISCAL YEAR 2001 ON BEHALF OF THE LIBRARY COOPERATIVE OF THE PALM BEACHES TO CONVERT THE CATALOG DATABASES OF ALL COOPERATIVE LIBRARIES TO THE NATIONAL STANDARD AND THEN ENTER THEM INTO THE NATIONAL LIBRARY CATALOG DATABASE. THE GRANT WILL BE ADMINISTERED BY THE COUNTY LIBRARY. APPROVED 4-18-2000

3.P. COOPERATIVE EXTENSION SERVICE - NONE

3.Q. CRIMINAL JUSTICE COMMISSION - NONE

3.R. EMPLOYEE RELATIONS AND PERSONNEL - NONE

3.S. FIRE-RESCUE
3.S.1. DOCUMENT R-2000-0547
AMENDMENT 1 TO THE INTERLOCAL AGREEMENT WITH THE BOARD OF TRUSTEES OF PALM BEACH COMMUNITY COLLEGE FOR THE PROVISION OF FIRE-RESCUE VEHICLES FOR THE COLLEGE'S FIRE ACADEMY PROGRAM. BECAUSE OF THE ELAPSED TIME BETWEEN INITIATION OF THE DISCUSSIONS AND EXECUTION OF THE CONTRACT, SOME OF THE VEHICLES WERE TRADED IN OR SOLD. THIS AMENDMENT SUBSTITUTES FOUR VEHICLES AT THE SAME VALUE AS THOSE IDENTIFIED IN EXHIBIT A OF THE ORIGINAL AGREEMENT. (AMENDS R-99-2397-D) APPROVED 4-18-2000

3.T. HEALTH DEPARTMENT - NONE

3.U. INFORMATION SYSTEMS SERVICES - NONE

3.V. METROPOLITAN PLANNING ORGANIZATION - NONE

3.W. PUBLIC AFFAIRS - NONE

3.X. PUBLIC SAFETY
3.X.1. a. DOCUMENT R-2000-0548
MODIFICATION TO THE EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT AGREEMENT WITH FLORIDA DIVISION OF EMERGENCY MANAGEMENT IN REFERENCE TO BUSINESS RELATED MITIGATION AND REDEVELOPMENT INITIATIVES TO REVISE THE GRANT EXPIRATION DATE FROM JUNE 30, 2000, TO SEPTEMBER 30, 2000, IN ORDER TO COMPLETE CRITICAL WORK ITEMS AND FULLY BENEFIT FROM AVAILABLE FUNDING. (AMENDS R-99-1120-D) APPROVED 4-18-2000
b. AUTHORIZE THE COUNTY ADMINISTRATOR OR HIS DESIGNEE TO EXECUTE ANY SUBSEQUENT AGREEMENTS OR MODIFICATIONS NEEDED TO IMPLEMENT THIS PROGRAM WHICH DO NOT REQUIRE ADDITIONAL FUNDS. (SEE R-2000-0548) APPROVED 4-18-2000

3.Y. PURCHASING - NONE

3.Z. RISK MANAGEMENT
3.Z.1. RELEASE OF ALL CLAIMS, INCLUSIVE OF ATTORNEY FEES AND COSTS, IN THE TOTAL AMOUNT OF $90,000 IN THE PERSONAL INJURY CLAIM OF GARY AND JENNAIR WEST. GARY WEST'S VEHICLE WAS HIT IN THE REAR BY A COUNTY TRUCK DRIVER WHO WAS CHARGED WITH CARELESS DRIVING. MR. WEST'S INJURIES INCLUDED A TORN ROTATOR CUFF AND SEVERAL HERNIATED DISCS WHICH REQUIRED SURGERIES. APPROVED 4-18-2000

3.AA. SURFACE TRANSPORTATION
3.AA.1. DOCUMENT R-2000-0549
AMENDMENT 1 TO THE LEASE AGREEMENT WITH THE SOLID WASTE AUTHORITY FOR USE OF THE GLADES REGIONAL TRANSFER STATION BY PALM TRAN FOR THE STORAGE AND FUELING OF BUSES. THIS AMENDMENT PROVIDES FOR A NEW FUELING STATION SPECIFICALLY FOR PALM TRAN BUSES. (AMENDS R-97-2048-D) APPROVED 4-18-2000

3.BB. SUPERVISOR OF ELECTIONS
3.BB.1. PRECINCT LEGAL DESCRIPTION/PRECINCT BOUNDARY CHANGES AS SUBMITTED BY SUPERVISOR OF ELECTIONS THERESA LEPORE. APPROVED 4-18-2000

MOTION to approve the Consent Agenda. Motion by Commissioner Marcus, seconded by Commissioner Roberts, and carried 6-0. Commissioner Lee absent.

***** THIS CONCLUDES THE CONSENT AGENDA *****

4. PUBLIC HEARINGS - 9:30 A.M.
PROOF OF PUBLICATION. APPROVED 4-18-2000
MOTION to receive and file Proofs of Publication Numbers 651076, 652682, 652688, 653213, 653257, 653261, 699930, and 699933. Motion by Commissioner Marcus, seconded by Commissioner Masilotti, and carried 6-0. Commissioner Lee absent.
REORDER THE AGENDA
MOTION to reorder the Agenda to consider Item 4.B. next. Motion by Commissioner Roberts, seconded by Commissioner Masilotti, and carried 6-0. Commissioner Lee absent.

4.B. ORDINANCE PERTAINING TO HOSPITAL LIENS; PROVIDING FOR ENFORCEMENT BY LIENS, PERFECTION OF LIENS, RECORDING OF LIENS, VALIDITY OF RELEASES OF SATISFACTIONS, AND PREREQUISITE TO RECOVERY OF DAMAGES. (P.O.P. 699933) DELETED 4-18-2000

MOTION to DELETE the item. Motion by Commissioner Roberts, seconded by Commissioner Masilotti, and carried 6-0. Commissioner Lee absent.

No backup submitted.

4.A. ANY NORTHERN ALIGNMENT FOR HOOD ROAD FROM ALTERNATE A1A TO PROSPERITY FARMS ROAD THAT CONNECTS TO THE EXISTING FLAMINGO ROAD WEST OF PROSPERITY FARMS ROAD AND THAT MEETS THE DESIGN STANDARDS FOR A TWO-LANE THOROUGHFARE ROAD. (P.O.P. 699930 [3-21-2000]) APPROVED THE NORTHERN ALIGNMENT AND AN AMENDMENT TO THOROUGHFARE RIGHT-OF-WAY IDENTIFICATION MAP 4-18-2000

Deputy County Engineer Edwin Jack reported that:

• This item was continued from March 21, 2000.
• The southerly alignment set by the Board in 1990 would go through the Frenchman's Forest Preserve.
• The developments near the northerly alignment consisted of Frenchman's Creek, The Sanctuary, Crystal Pointe, and the former MacArthur Property currently owned by WCI Communities, Ltd.
• The alignment options were: Alternate 1, a northerly alignment preferred by the developer of the property; Alternate 2, which reflected sensitivity to the Frenchman's Creek development but was not agreed to by the residents; Alternate 3, which followed an easement in which the Seacoast Utilities had its facilities; and Alternate 4, the previously approved southern alignment.
• The southerly alignment would extend southeast from the intersection of Hood Road and Alternate A1A to Prosperity Farms Road, which it would intersect north of the intersection with Carib Circle.
• The future road would be within the city limits of Palm Beach Gardens.
• Since the southerly alignment was set in 1990, there had been several significant developments in the area that suggested the need to revisit the choice of alignment.
• The southern alignment would place Hood Road through the southern part of a preserve area that was acquired by the County in 1995. Staff recommended that the road not go through the preserve.
• A better alignment would be to shift the road to the north, tying in to Flamingo Road.
• The potential for a bridge crossing at Flamingo Road was a major consideration when the southern alignment was selected. That potential was lost after a court had determined that the County did not own the right-of-way, and the Board took it off the Thoroughfare Plan in 1989.
• The property was a part of the larger John D. and Catherine T. MacArthur Foundation holdings when the original alignment was established. The property was sold in 1999 to WCI Communities, Ltd., and was currently being considered for development by Toll Brothers, Inc.
• After working with the city and area residents, Toll Brothers had requested the County consider a new alignment.
• All of the numerous options and alignments for the northern route that met the thoroughfare criteria were acceptable.
• Tying in to Flamingo Road would shift the road to the north, put it closer to existing residences, and maximize site planning options for the developer and the city.
• Some residents in the existing communities along the recommended northern alignment requested that the southerly alignment remain and that it be built through the preserve area.
• The developments of Crystal Pointe and Frenchman's Landing had reached an agreement with the developer relating to certain buffering requirements and road location for a northern alignment.
• On April 17, 2000, Frenchman's Creek reached an agreement with the developer for a northern alignment. That alignment was not shown as an exhibit, but it was very close to Alternate 2 and staff had the geometric description for it.
• The option not to build a road was evaluated in 1990 and again for this process. Staff recommended that a road be constructed to handle the anticipated traffic in the area, to provide better access, and to function as an alternate to other roads in the area.
• The City of Palm Beach Gardens was doing a traffic study focusing on the benefits the additional road would bring to the community. The proposed alignment met the city's criteria.
• The municipalities of Palm Beach Gardens, North Palm Beach, Juno Beach, and Lake Park supported the alignment.
• The long-range traffic model indicated there would be approximately 8,000 trips on the proposed road. It would provide relief for Florida Boulevard and Lone Pine Road corridor and would relieve traffic on PGA Boulevard and Donald Ross Road.
• A connection between Alternate A1A and Prosperity Farms Road would increase response time and was supported by the emergency services of the City of Palm Beach Gardens and County Fire-Rescue.
• Staff recommended that the alignment that was set in 1990 be reconsidered and that the northern alignment be adopted for Hood Road.

PUBLIC COMMENT:
James S. Bickel, Justin Deck, Thomas DeRita, Ben DeVries, Andrea Greenspan, MaryAnne Guschke, Kelly Hagar, Steve Hagar, William Harrison, Joy Hearn, Dawn L. Hutchinson, Ronald Lentini, Gina Llewellyn, Allen McEniry, Teri Seaman, Mark Shalloway, Julie Simons on behalf of Marguerite Koch-Rose, and James Vertucci opposed the northern alignment, contending the traffic would negatively impact the surrounding neighborhoods.

Carla Anchors; Fred Barlow; Bill Bouchard; Joanne Davis, representing 1000 Friends of Florida; Erin Deady, representing the Audubon Society; Rosa Durando; Chris Lockhart, president of Florida Native Plant Society; Roxanne Manning, growth management director for the City of Palm Beach Gardens; Steve Mathison, attorney for Frenchman's Creek Property Owners Association; Laura Parrott; Tom Rice; Paul Ritchie; Stella Rossi, representing the Coalition for Wilderness Islands; Raymond W. Royce, representative for Toll Brothers, Inc.; Bud Siebenrock; Nick Terzis; Kirk E. Welsh; and Wallace Woodard supported the northern alignment.

Dave Nickerson, representing Environmental Services, Inc., stated that, of the alignments proposed through Frenchman's Forest natural area, the straight alignment along the southern border of Frenchman's Landing would have the least severe ecological impact. Robert Blomquist, vice-mayor of the Town of Juno Beach, and Joseph A. Tringali, mayor of the Village of North Palm Beach, said the municipalities supported the extension of Hood Road but did not take a position on a particular alignment.

MOTION to receive and file the handout from Ms. Hearn. Motion by Commissioner Masilotti, seconded by Commissioner Roberts, and carried 6-0. Commissioner Lee absent.

MOTION to receive and file the petitions submitted by Ms. Hutchinson from Crystal Pointe residents. Motion by Commissioner Masilotti, seconded by Commissioner Roberts, and carried 6-0. Commissioner Lee absent.

MOTION to receive and file the petitions submitted by Mr. Terzis. Motion by Commissioner Masilotti, seconded by Commissioner Roberts, and carried 6-0. Commissioner Lee absent.

MOTION to receive and file the agreement between Frenchman's Creek Property Owners Association and Toll Brothers, Inc., submitted by Mr. Mathison. Motion by Commissioner Aaronson, seconded by Commissioner Marcus, and carried 6-0. Commissioner Lee absent.

MOTION to receive and file the Village of North Palm Beach resolution submitted by Mayor Tringali. Motion by Commissioner Marcus, seconded by Commissioner Aaronson, and carried 6-0. Commissioner Lee absent.

During the discussion that ensued, it was brought out that:

• Today was the first time that staff had seen the report prepared by Environmental Services, Inc., of its analysis of an alignment within the Frenchman's Forest Preserve.
• The alignment proposed in the report was immediately adjacent to Frenchman's Landing. There were serious problems associated with that alignment, and staff did not recommend it.
• A public hearing was held in 1990 to consider the southern alignment because the City of Palm Beach Gardens had a development proposal for all of the properties of Frenchman's Forest and the area to the west of it.
• During that time the MacArthur Foundation and the City of Palm Beach Gardens expressed considerable interest in continuing with the construction of a bridge at Flamingo Road, although the County had taken it off its Thoroughfare Plan.
• There was a 30-foot posted and viewed easement at the end of Flamingo Road on the Intracoastal Waterway that the County was reluctant to give up because it gave public access to the waterway.
• The neighbors at the end of Flamingo Road had supported the public right-of-way at that location. There were discussions about moving it to the south to ensure it was not the County that was forcing the bridge issue.
• Flamingo Road was considered for a proposed bridge because of the 30-foot posted and viewed easement, not because it was the best location.
• A court determined that the County did not own the 30-foot easement and the public right-of-way was removed.
• Staff had talked with some of the residents on Flamingo Road about an abandonment procedure so the road would become private.
• The U.S. Army Corps of Engineers had determined that the curve at the Intracoastal Waterway would not allow for a bridge because a barge would not be able to go under it.
• There was also a proposal to reduce the right-of-way width from 110 feet to 60 feet, thereby limiting the road to two lanes, which would make a bridge infeasible.
• During the public hearing in 1990 on the southern alignment, the City of Palm Beach Gardens stated it would move forward with a northern alignment regardless of the County's plans.
• The County had changed over the last 10 years and what was applicable 10 years ago might not be applicable today. Therefore, government had to adjust accordingly.
• The Board approved the $150 million bond issue for the Agricultural Reserve and environmentally sensitive lands acquisition, which was not supported by developers. The approval refuted the accusation that the Board catered to developers.
• The Board had committed to preserving the environment. Placing a road through Frenchman's Forest Preserve would be in violation of its commitment.
• Staff recommended a two-lane road that could be accommodated with 60 feet of right-of-way for the new alignment.
• Provisions should be made to allow for the abandonment of Flamingo Road should the area residents desire that it become a private road.
• Toll Brothers' representative Raymond Royce stated that if the northern alignment as recommended by staff was approved, Toll Brothers would donate the right-of-way for the alignment and also would dedicate the existing right-of-way through Frenchman's Forest Preserve at no cost to the County.

MOTION to establish the alignment of the extension of Hood Road from east of Alternate A1A to Prosperity Farms Road as shown on the legal description for Alignment 2A as the agreement shows between Frenchman's Creek Property Owners Association and Toll Brothers, Inc. Motion by Commissioner Aaronson and seconded by Commissioner Marcus.

• The road would be posted at 30 miles per hour. Staff did not recommend speed humps on a thoroughfare road as a traffic-calming measure. The Board could make a determination to have them installed later, however, if an analysis showed they were needed.
• Mr. Royce said that Toll Brothers would include landscaping in front of The Sanctuary as part of the development approval request to the City of Palm Beach Gardens.
• The 123-foot right-of-way on Flamingo Road was sufficient in which to do landscaping.
• The existing road was not in the center of the right-of-way, but was located more to the north in front of The Sanctuary. It was designed that way to accommodate additional lanes.
• The new road could be constructed southward to allow for more buffering in front of the development. Consideration had to be given to those Frenchman's Landing residents with backyards that would be affected by the southward construction.

UPON CALL FOR A VOTE, the motion carried 5-1. Commissioner McCarty opposed. Commissioner Lee absent.
(CLERK'S NOTE: Commissioner McCarty left the meeting.)

MOTION to direct staff to initiate an amendment to the Thoroughfare Right-of-Way Identification Map to designate the existing Flamingo Road at a width of 60 feet limited to two lanes with the remainder of the right-of-way to be restricted to landscaping and buffering; and for the extension of Hood Road from east of Alternate A1A to Flamingo Road at a width of 60 feet limited to two lanes with an additional 50 feet to be designated for landscaping and buffering. Motion by Commissioner Marcus, seconded by Commissioner Roberts, and carried 5-0. Commissioners Lee and McCarty absent.

MOTION to direct staff to initiate the public hearing process for the abandonment of Flamingo Road and report back to the Board. Motion by Commissioner Marcus, seconded by Commissioner Masilotti, and carried 5-0. Commissioners Lee and McCarty absent.

MOTION to have the Chair send a letter to the City of Palm Beach Gardens recommending that: (1) Adjustments be made to move the proposed alignment to increase the buffering distance to all homes along the road. (2) The city make it a requirement that landscape buffering beyond the city's existing code be installed near developments along the alignment. Motion by Commissioner Aaronson, seconded by Commissioner Masilotti, and carried 5-0. Commissioners Lee and McCarty absent.

RECESS
At 11:40 a.m., the Chair declared a recess.
RECONVENE
At 11:47 a.m., the Board reconvened with Commissioners Aaronson, Marcus, Newell, and Roberts present.

4.B. See Page 16.

4.C. RESOLUTION R-2000-0550
RESOLUTION CONFIRMING THE SPECIAL ASSESSMENT PROCESS FOR THE LAURETTE LANE, NARCISSUS AVENUE, GARDENIA AVENUE, AND APRIL AVENUE IN LAKEWOOD GARDENS PAVING AND DRAINAGE PROJECT, LOCATED IN SECTION 24, TOWNSHIP 44 SOUTH, RANGE 42 EAST, UNDER THE MUNICIPAL SERVICE TAXING UNIT C STREET IMPROVEMENT PROGRAM. THE TOTAL PROJECT COST OF $273,624.14 WILL BE PAYABLE IN 20 EQUAL ANNUAL INSTALLMENTS OF $82,087.24. (P.O.P. 651076) ADOPTED 4-18-2000

MOTION to adopt the resolution. Motion by Commissioner Roberts and seconded by Commissioner Marcus.
PUBLIC COMMENT: None
UPON CALL FOR A VOTE, the motion carried 4-0. Commissioners Lee, McCarty, and Masilotti absent.

4.D. BUDGET AMENDMENT 2000-0652
BUDGET AMENDMENT IN THE GENERAL FUND FOR $1,642,729 TO ADJUST THE BALANCE BROUGHT FORWARD FROM THE PREVIOUS FISCAL YEAR AND ALIGN ACCOUNT BALANCES FOR FISCAL YEAR 2000. (P.O.P. 652682) APPROVED 4-18-2000

MOTION to approve the budget amendment. Motion by Commissioner Roberts and seconded by Commissioner Marcus.
PUBLIC COMMENT: None
UPON CALL FOR A VOTE, the motion carried 4-0. Commissioners Lee, McCarty, and Masilotti absent.
(CLERK'S NOTE: Commissioner Masilotti rejoined the meeting.)

4.E. a. CONDUCT A TAX EQUITY AND FISCAL RESPONSIBILITY ACT (TEFRA) HEARING CONCERNING THE ISSUANCE OF UP TO $16 MILLION MULTIFAMILY HOUSING REVENUE BONDS, SERIES 2000A AND INTEREST-ONLY SERIES 2000B FOR THE CLEAR LAKE COLONY APARTMENTS PROJECT. (P.O.P. 653261) APPROVED 4-18-2000
b. RESOLUTION R-2000-0551
RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $16 MILLION MULTIFAMILY HOUSING REVENUE BONDS, SERIES 2000A AND INTEREST-ONLY SERIES 2000B FOR THE CLEAR LAKE COLONY APARTMENTS PROJECT. (P.O.P. 653261) ADOPTED 4-18-2000

MOTION to approve the TEFRA hearing and to adopt the resolution. Motion by Commissioner Roberts and seconded by Commissioner Aaronson.
PUBLIC COMMENT: None
UPON CALL FOR A VOTE, the motion carried 5-0. Commissioners Lee and McCarty absent.

4.F. ORDINANCE 2000-016
ORDINANCE TO BE KNOWN AS THE WATER UTILITIES UNIFORM POLICIES AND PROCEDURES ORDINANCE; PROVIDING FOR A UNIFORM POLICIES AND PROCEDURES MANUAL; AND PROVIDING FOR AN ADMINISTRATIVE HEARING BOARD. (P.O.P. 652688) ADOPTED 4-18-2000

MOTION to adopt the ordinance. Motion by Commissioner Aaronson and seconded by Commissioner Masilotti.
Commissioner Roberts said some customers were unaware of the County policy requiring payment of a $20 fee by customers whenever they request staff to check their water meters and no error is found in the equipment. Ms. Roberts suggested the ordinance require that all of the water bills contain a notice informing customers that to have their meters read could cost them $20. Commissioner Masilotti suggested allowing one free meter check per year. Commissioner Aaronson suggested reducing the cost to $10. Staff recommended that the Board make changes to the fee when Item 4.G. was considered. Staff reported that it was departmental policy to notify customers of the charge prior to checking their meter. Because of staff error, the customer Commissioner Roberts referred to was not notified prior to the meter check and their bill was credited for the $20 fee.
UPON CALL FOR VOTE, the motion carried 5-0. Commissioners Lee and McCarty absent.

4.G. a. RESOLUTION R-2000-0552
RESOLUTION REVISING THE WATER UTILITIES DEPARTMENT'S UNIFORM POLICIES AND PROCEDURES (UPAP) MANUAL. (P.O.P. 653257) ADOPTED 4-18-2000
b. RESOLUTION R-2000-0553
AMENDING RESOLUTION TO PROVIDE FOR A REDUCED INTEREST RATE FOR DEFERRED PAYMENT PLANS FOR THE PAYMENT OF SPECIAL ASSESSMENTS. (P.O.P. 653257) (AMENDS R-98-719) ADOPTED 4-18-2000

MOTION to adopt the resolutions and to direct staff to add a notice to all water bills of the $10 fee to check water meters. Motion by Commissioner Aaronson, seconded by Commissioner Masilotti and carried 5-0. Commissioners Lee and McCarty absent.

RECESS
At 11:56 a.m., the Chair declared a recess.

4.H. BCC SITTING AS THE CHILD CARE ADVISORY BOARD - See separate meeting of this date, Item 4.H. (Resolution R-2000-0554)

4.I. BCC SITTING AS THE CHILD CARE ADVISORY BOARD - See separate meeting of this date, Item 4.I. (Resolution R-2000-0555)

RECONVENE
At 11:58 a.m., the Board reconvened with Commissioners Aaronson, Marcus, Masilotti, Newell, and Roberts present.

5. REGULAR AGENDA

5.A. COUNTY ATTORNEY
5.A.1. DOCUMENT R-2000-0556
MEDIATION SETTLEMENT AGREEMENT INCLUSIVE OF ATTORNEYS FEES AND COSTS, IN THE TOTAL AMOUNT OF $50,000, IN THE PERSONAL INJURY CASE CL-99-3495-AH OF NORMAN MONATH V. THE COUNTY. THE PLAINTIFF ALLEGED THAT WHILE TRAVELING WESTBOUND ON LAKE WORTH ROAD AND APPROACHING THE INTERSECTION OF CONGRESS AVENUE, A COUNTY VEHICLE DRIVEN BY A WATER UTILITIES EMPLOYEE MADE A LEFT TURN IN FRONT OF HIM CAUSING A MOTOR VEHICLE ACCIDENT. APPROVED 4-18-2000

MOTION to accept the settlement agreement. Motion by Commissioner Marcus and seconded by Commissioner Roberts.

PUBLIC COMMENT:
Ed McJobian said the County had paid a lot of money because of the many auto accidents involving County employees. He requested information on how much had been paid in the last fiscal year for driving-related settlements. Mr. McJobian suggested that employees take a defensive driving course. County Administrator Weisman stated that a defensive driving course was required for employees who drive County vehicles and that records were maintained of all employees who were involved in accidents.

UPON CALL FOR A VOTE, the motion carried 5-0. Commissioners Lee and McCarty absent.

5.B. ENVIRONMENTAL RESOURCES MANAGEMENT
5.B.1. DOCUMENT R-2000-0557
TRANSMITTAL OF A LETTER OF REQUEST TO THE STATE TO AMEND THE MULTIPARTY ACQUISITION AGREEMENT FOR THE PAL-MAR ACQUISITION PROJECT TO ALLOW THE COUNTY TO SELL 7,416 ACRES OF THE PAL-MAR NATURAL AREA TO THE STATE, TO DESIGNATE THE COUNTY AS THE LAND MANAGER OF THE 5,297-ACRE TRACT LYING SOUTH OF INDIANTOWN ROAD, AND TO SHARE TITLE WITH THE STATE ON THAT TRACT. THERE IS NO FISCAL IMPACT. (AMENDS R-98-1242-D)

MOTION to approve the transmittal of the letter. Motion by Commissioner Aaronson and seconded by Commissioner Masilotti.

PUBLIC COMMENT:
Stella Rossi said she was displeased that the Florida Fish and Wildlife Conservation Commission (FWCC) would be the land manager for the northern section of the Pal-Mar Natural Area because of its philosophy on preservation and protection of environmentally sensitive lands. She stated it had been a long battle to acquire the Pal-Mar area and to give up the northern section was dismaying, although it was a compromise because of cost. The other environmentally sensitive lands had the same management problem, she said. Rosa Durando concurred with Ms. Rossi and asked for assurance that the County would not make a similar deal concerning the land south of Indiantown Road. Mark Robson, Regional Director for the Florida Fish and Wildlife Conservation Commission pledged that his office would work diligently with the County, Martin County, and all interested parties to assure that the land would be properly managed.  Commissioner Masilotti asked if the FWCC had a means by which the public could express its concerns. Mr. Robson replied that the FWCC was in the process of formulating a group for that purpose. Commissioner Marcus commented that the Pal-Mar Board had discussed this item on last Thursday. The subject property was surrounded by properties in Martin County that had been purchased by South Florida Water Management District and leased to FWCC. Therefore, it was feasible to let FWCC manage the subject property. She said the Pal-Mar Water Management Board wanted to be included in the decision making process for the property. There was concern that vehicles had been causing damage to the property. It had been suggested to allow hunting access only by foot.

UPON CALL FOR A VOTE, the motion carried 5-0. Commissioners Lee and McCarty absent.

5.C. FIRE-RESCUE
5.C.1. a. WRITE-OFF OF UNCOLLECTIBLE ADVANCED LIFE SUPPORT (ALS) TRANSPORT ACCOUNTS AND THE ACCOUNTING ENTRIES TO REMOVE THESE ACCOUNTS FROM THE COUNTY'S FINANCIAL BOOKS FROM SEPTEMBER 1, 1997, THROUGH SEPTEMBER 30, 1998, TOTALING $1,968,436.43. APPROVED 4-18-2000
b. DIRECTION REGARDING ANY FURTHER COLLECTION EFFORTS. THE EFFORTS TO DATE MEET THE FEDERAL REQUIREMENT OF HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996. FURTHER COLLECTION EFFORTS WOULD REQUIRE A MORE AGGRESSIVE APPROACH DIRECTED TO THE PATIENTS. DIRECTED NOT TO PURSUE COLLECTION -- 4-18-2000

MOTION to approve the write-off and to direct staff not to pursue any further collection efforts. Motion by Commissioner Masilotti and seconded by Commissioner Marcus.

Commissioner Marcus asked if there was an opportunity for an audit to see why the outstanding balances were uncollected. County Administrator Weisman said that when the County first took over advanced life support, a 60 percent collection rate was anticipated. The rate, however, turned out to be 80 percent. He stressed that, although the County would write off the costs, it did not mean that aggressive efforts would not be used to collect debts. Commissioner Masilotti asked staff to look into the viability of billing the Health Care District for some of the charges.

UPON CALL FOR A VOTE, the motion carried 5-0. Commissioners Lee and McCarty absent.
RECESS
At 12:09 p.m., the Chair declared a recess.
RECONVENE
At 2:00 p.m., the Board reconvened with Commissioners Aaronson, McCarty, Marcus, Masilotti, Newell, and Roberts present.

5.D. WATER UTILITIES
5.D.1. a. DOCUMENT R-2000-0558
CHANGE ORDER 1 WITH UNITED ENGINEERING CORPORATION FOR THE WATER TREATMENT PLAN 9 TRANSMISSION MAINS PROJECT (HILLSBOROUGH CANAL TO CLINT MOORE ROAD) FOR $4,768,598.68, DELETING APPROXIMATELY 62,000 LINEAR FEET OF PIPE MATERIAL, REPLACING 8 JACK AND BORE ROAD CROSSINGS WITH OPEN PAVEMENT CUTS, AND MODIFYING THE PIPE RESTRAINT METHODOLOGY; DESIGNATING UNITED ENGINEERING AS THE COUNTY'S AGENT FOR THE INSPECTION AND RECEIPT OF THE MATERIALS AND AGREEING TO PAY A FEE IN THE AMOUNT OF $44,641.97 FOR THAT SERVICE. (AMENDS R-2000-0111) APPROVED AS AMENDED 4-18-2000

b. DOCUMENT R-2000-0559
PURCHASE ORDER WITH PRICE BROTHERS COMPANY TO FURNISH APPROXIMATELY 62,000 LINEAR FEET OF PIPE MATERIAL IN THE AMOUNT OF $4,464,197.20 FOR THE WATER TREATMENT PLAN 9 TRANSMISSION MAINS PROJECT (HILLSBOROUGH CANAL TO CLINT MOORE ROAD). APPROVED 4-18-2000

County Administrator Weisman reported that:

• The change order provided for three changes to the original contract for the southern portion of State Road 7 utility construction.
• The three changes consist of: (1) Have the County purchase the pipe for the project, which would save a total of $267,000, of which the County proposes to pay a fee of $44,000 to the contractor who would be responsible for delivery and quality control on the pipe; (2) Replace jack-and-bore road crossings with open pavement cuts for a savings of $54,498.29; and (3) Modify the pipe restraint methodology used on the project, replacing external pipe joint restraints with internally grouted joint restraints, which would result in a $21,243.50 savings to the County.
• Purchasing pipe directly from the manufacturer had not been done in the past because of the concern that the contractor might not take responsibility if a problem developed with the material. Because the savings to the County was so significant, staff recommended purchasing the pipe directly from the manufacturer.
• Most of the road crossings were governed by Florida Department of Transportation (FDOT).
• FDOT had approved changes to the original plans when the contractor proposed to use open-pavement cuts in lieu of jack-and-bore on major roads. They also proposed changes to County roads and staff rejected them.
• Staff recommended some of the road crossings for jack-and-bore, which would allow pipe to be pushed underneath a road, rather than open-pavement cut, which would disrupt traffic flow.
• The entrance road at Boca Woods Country Club was recommended for open-pavement cut because of the $46,000 savings associated. The road is a four-lane road, and there are alternative exits.
• The contractor had indicated the projects could be completed in one day at each site.

During the ensuing discussion, the following information came to light:

• Investigation into cost savings prior to bidding a project would result in long-term savings.
• The contract proposed a 50-50 split of the sales tax savings, which was referred to as value engineering. Since the Department of Revenue did not allow a split in sales tax savings, value engineering did not apply.
• Commissioner Aarsonson considered the contractor's statement that the sales tax savings was value engineering to be misinformation.
• Consideration should be given to penalizing the contractor if the projects were not completed in the time frame indicated.
• The Board preferred the jack-and-bore method to avoid the disruption of traffic for all of the projects with the exception of the one at Boca Woods as recommended by staff.
• Whenever the County purchased materials, it took on some liability for the performance of the contractor.
• The Facilities Development and Operations Department had been purchasing materials without a problem. 
• There was a possibility that problems could later arise during the project that could make the savings seem insignificant.
• The County Attorney's office had included language in the contract to provide sufficient protection for the County. Because previous utility contracts did not contain such language, staff did not have a comfort level to purchase materials for those projects.
• All future contracts would include similar language.

MOTION to approve the change order, amended to use the jack-and- bore method for all of the projects with the exception of the project at the Boca Woods Country Club, and the purchase order. Motion by Commissioner Roberts and seconded by Commissioner Masilotti.
Commissioner Aaronson asked if the contractor would guarantee that the projects would not take longer than two days to complete. Antonio Assenza, president of United Engineering Corporation, commented that when the project was introduced, FDOT had permitted for jack-and-bore instead of open-pavement cut because of traffic flow and restoration of the asphalt. FDOT later allowed for open-pavement cut, if the County chose that method, since the state was going to widen the roads in three months. With the open-cut method, his company could do the work late at night with minimum traffic impact. They would ensure that all emergency services were notified of the work that was being done. The jack-and-bore method could take up to two weeks. It was risky because you could not see what was under the road, it required heavy equipment, and was noisy. Although the contract allowed for 30 days for a final restoration of the road, it was their policy to try to restore within the same week. He asked the Board to reconsider on the jack-and-bore method.

Commissioner Masilotti asked Mr. Assenza if his company was willing to abandon its savings if the project was not completed within 48 hours. Mr. Assenza said it would be done within 48 hours. Commissioner Aaronson contended that there was a lot of traffic on State Road 7 near the project area late at night, and he did not approve of the open-pavement cut except at Boca Woods.

UPON CALL FOR A VOTE, the motion carried 6-0. Commissioner Lee absent.
5.D.2. DIRECTION ON OPTIONS FOR COMPLETION OF THE WATER UTILITIES TRANSMISSION MAINS PROJECT ALONG STATE ROAD 7 FROM CLINT MOORE ROAD TO WEST ATLANTIC AVENUE. THE COUNTY ENTERED INTO AN AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR $4.880 MILLION TO INSTALL THE WATER MAIN IN CONJUNCTION WITH THE WIDENING OF STATE ROAD 7. FDOT'S CONSTRUCTION SCHEDULE AT THAT TIME DID NOT PROVIDE THE COUNTY TIME TO INSTALL THE PIPE. FDOT'S ROAD WIDENING HAS BEEN DELAYED TO THE EXTENT THAT THE COUNTY COULD SELECT ONE OF SEVERAL OPTIONS TO INSTALL THE PIPE. FDOT WILL AGREE TO TERMINATE ITS AGREEMENT SHOULD THE COUNTY DESIRE TO INSTALL THE PIPE; HOWEVER, FDOT REQUIRES THE COMPLETION BY AUGUST 14, 2000. THE OPTIONS ARE: (A) TERMINATING AGREEMENT R-99-1039-D TO PROVIDE FOR A RETURN OF THE COUNTY'S $4.880 MILLION DEPOSIT AND ISSUING A CHANGE ORDER TO THE COUNTY'S CURRENT CONTRACT WITH UNITED ENGINEERING CORPORATION (R-2000-0111) IN THE AMOUNT OF $2,186,787.46. PIPE MATERIAL WOULD BE PURCHASED DIRECTLY FROM PRICE BROTHERS COMPANY, THE SUPPLIER ON THE CURRENT CONTRACT, IN THE AMOUNT OF $1,422,107.18. (B) DIRECTING STAFF TO WAIT FOR THE RESULTS OF FDOT'S BID OPENING ON APRIL 26, 2000. THE PIPELINE WORK IS INCLUDED IN THEIR BID AND THE BID PRICE COULD BE HIGHER OR LOWER THAN UNITED'S PRICE. IF LOWER, THE COUNTY COULD RETAIN THE FDOT AGREEMENT. IF HIGHER, THE COUNTY COULD COMPLETE THE WORK BY CHANGE ORDER TO UNITED'S CONTRACT. (C) ISSUING AN EMERGENCY BID. STAFF RESEARCH INDICATES THAT BOTH THE COUNTY'S LEGAL REQUIREMENTS AND FDOT'S TIME FRAME FOR COMPLETION COULD BE MET IF THIS OPTION IS SELECTED. (D) RETAINING THE CURRENT AGREEMENT WITH FDOT, REGARDLESS OF BID PRICE AND ADMINISTRATIVE FEE. APPROVED TO GO OUT FOR EMERGENCY BID -- 4-18-2000

County Administrator Wesiman reported that:

• A year ago FDOT said it was ready to build that section of road and the County paid $4.880 million to the state with the understanding FDOT would soon be constructing the road and laying the pipe. The pipe would be a continuation of the pipe the County was laying in the south end of State Road 7.
• FDOT's project did not move forward as anticipated.
• The state had put the project out for bid.
• United Engineering had offered to do the project on the north end of State Road 7 at the same line item prices that it was doing the south end project. The contractor guaranteed that price. The Board directed staff to bring back their proposal.
• The Board had the ability to let FDOT do the project.
• FDOT demanded a $500,000 administrative expense payment, which the County typically would not incur for a similar project.
• The County had had no choice but to move forward with the state originally. It was reasonably certain that would be the most expensive method to complete the job.
• The general contractor would attach a percentage to cover costs for the utility contract, which would be given to a subcontractor.
• The attractiveness of Option D was that all of the work would be done by FDOT. If the project cost increased, the County would pay more; if the cost was less, the price would decrease.
• Option B was to wait for the outcome of FDOT's bid opening on April 26, 2000. Staff recommended withdrawal of that option because it would not benefit the County to wait an extra week when the project needed to move forward quickly.
• Option C was to issue an emergency bid in lieu of United Engineering's offer.
• The two projects on State Road 7 were different. The south end was a finished area that the contractor had to rehabilitate to its original condition. The north end was unfinished roadway that the state was going to reconstruct. Therefore, United Engineering's offered price for the north end could be less on a per-foot basis.
• If an emergency bid was issued, the County had approximately 90 days to complete the project before FDOT began work in the area.
• FDOT would penalize the County for any hindrance to its project. They asked the County to complete its work by August 15, 2000.
• Any penalty incurred by the County would be passed on to the contractor. A contractor bidding the job would probably factor that into his bid and might inflate his price to cover potential penalties.
• The contractor's offer was not recommended because it would result in a very large change order.
• The Board would have to evaluate the certainty of United Engineering's bid versus the unknown aspect of the emergency bid.
• One thing was true of all the options: Each had elements of uncertainty. The County did not have a track record with United Engineering, and staff had no idea what would be the outcome of the emergency bid process.
• Staff had made provisions in the bid documents to minimize any protest.
• Telephone bids would be issued tomorrow for open bid April 24, 2000. The bid would come to the Board for award on May 2, 2000, and the appeals process would be held during that interim period.
• If the Board authorized the contractor to go forward, staff was prepared to work with him to make the order for the pipe immediately.

Discussion revealed the following information:

• The Board's decision today was based upon FDOT's not performing as previously agreed.
• Although the northern section was easier to work, other factors that increased its cost were the later ordering of the pipe, gas prices, larger pipe size, more aerial crossings over canals, and very expensive subaqueous crossings. Therefore, it was difficult to determine a per-foot price.
• Even though a per-foot price was difficult to determine, there was the possibility for savings via an emergency bid.

MOTION to issue an emergency bid (Item C). Motion by Commissioner Aaronson and seconded by Commissioner Masilotti.
Commissioner Roberts suggested the motion include the stipulations that the project would be completed within 60 days; there would be no change orders unless they were for a reduction in the project cost; there would be sales tax savings, and the penalties or liquidated damages be a minimum of $2,500 per day should the project go beyond the specified completion date. Mr. Weisman said the County expected to meet FDOT's completion deadline of August 15, 2000. Liquidated damages after that date would be in an amount according to the FDOT penalty imposed. Staff commented that unforeseen situations could occur that would increase the cost of the project, resulting in change orders.

Commissioner Masilotti stated that each time a project was rebid it resulted in savings for the County. If the Board approved to go out for emergency bid, he asked staff to ensure that everyone was treated equally.

AMENDED MOTION to include the comments made by Commissioner Roberts with the exception of her comment regarding change orders. The maker and seconder agreed.
Mr. Weisman stated there had never been a guaranteed maximum price contract on utility jobs because unforeseen circumstances could require an increase in costs. Commissioner McCarty recommended that any changes to the contract come before the Board. Mr. Weisman stated that all of the contractors who had bid on the project at the southern end of State Road 7 would be notified regarding a bid for this project.

Commissioner Roberts stated concern that United Engineering could be placed at a disadvantage during the emergency bid process because the other contractors would know what the company had proposed. Mr. Weisman said the company also had an advantage because it was currently working in the area and was more familiar with the surroundings than other companies who might bid. The company also had the opportunity to obtain the pipe needed for the project.

AMENDED MOTION to include everything Mr. Weisman determined should be put into it to ensure equality for all bidders. The maker and seconder agreed.
Mr. Aaronson contended the emergency bid did not place United Engineering at disadvantage. Everyone had the opportunity to review the original contract and make a bid on this project, he said.

Commissioner Roberts said she was unaware until December that FDOT had not fulfilled its contract obligations concerning the pipe installation. Mr. Weisman suggested moving forward with a guaranteed maximum price contract, with the exception of allowing for subsurface conditions that cause a significant diversion of the pipe from what was shown on the plans. The more guarantees that were requested for a project, the higher the base price would be, he said.

Antonio Assenza, president of United Engineering Corporation, said their proposal would cost the County far less than if FDOT did the project. His company looked forward to serving the County. David Elder, of Elder, Cursman and Vacarella, representing Lanzo Construction, the second lowest bidder on the project, requested the Board move forward with the emergency bid.

AMENDED MOTION to authorize staff to issue an emergency bid, waiving normal bid procedures as deemed appropriate by staff, due to the unforeseen delay in construction of FDOT Plans 932106515. This action is necessary for the public welfare and public interest to provide assured, prompt construction of necessary utility improvements and to provide the opportunity at substantial potential cost savings to our citizens. The bid would include a guaranteed maximum price; the project was to be completed within 60 days; there would be sales tax savings, and the penalties or liquidated damages would be a minimum of $2,500 per day or actual costs, whichever was greater, should the contractor go beyond the specified completion date of August 15, 2000. The maker and seconder agreed. Upon call for a vote, the motion carried 6-0. Commissioner Lee absent.

5.E. INTERNAL AUDITOR
5.E.1. DELETED

5.F. PARKS AND RECREATION
5.F.1.a. DOCUMENT R-2000-0560
INTERLOCAL AGREEMENT AND LEASE AGREEMENT WITH THE CITY OF PALM BEACH GARDENS FOR THE FUNDING, ACQUISITION, CONSTRUCTION, OPERATION, AND MAINTENANCE OF GARDENS DISTRICT PARK. THE CITY HOLDS AN OPTION TO PURCHASE APPROXIMATELY 82 ACRES ON CENTRAL BOULEVARD SOUTHWEST OF INTERSTATE-95 FROM COMMUNITIES FINANCE COMPANY (CFC), A SUBSIDIARY OF WATERMARK COMMUNITIES, FOR $3,129,003. PURSUANT TO THESE AGREEMENTS, THE OPTION WILL BE ASSIGNED TO THE COUNTY, THE COUNTY WILL PURCHASE THE 82 ACRES FROM CFC, AND WILL LEASE THE PROPERTY TO THE CITY FOR 50 YEARS FOR $1 PER YEAR FOR DEVELOPMENT OF A DISTRICT PARK. THE PURCHASE PRICE WILL BE FUNDED FROM THE $25 MILLION RECREATIONAL AND CULTURAL FACILITIES BOND ISSUE. THE CITY WILL DEVELOP, OPERATE, AND MAINTAIN THE PARK AT ITS SOLE COST AND EXPENSE, AND WILL OPEN THE PARK TO ALL COUNTY RESIDENTS ON A NONDISCRIMINATORY BASIS. APPROVED 4-18-2000

b. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXERCISE THE OPTION TO PURCHASE APPROXIMATELY 82 ACRES ON CENTRAL BOULEVARD SOUTHWEST OF INTERSTATE-95 FROM COMMUNITIES FINANCE COMPANY (CFC), A SUBSIDIARY OF WATERMARK COMMUNITIES, FOR $3,129,003, UPON SATISFACTORY COMPLETION OF DUE DILIGENCE AND RECEIPT OF A SECOND APPRAISAL. (SEE R-2000-0560) APPROVED 4-18-2000

MOTION to approve the interlocal and lease agreements and to authorize the County Administrator to purchase the property. Motion by Commissioner McCarty and seconded by Commissioner Masilotti.
Commissioner Masilotti stated his concern that there were stipulations by WCI regarding setbacks and buffers that made it difficult for the city to receive a 15 percent discount. Commissioner Marcus said that issue had been addressed. She said the city desired to change the lease term from 50 years to 75 years. Therefore, the item would come back at a later date on the Consent Agenda for that purpose.
UPON CALL FOR A VOTE, the motion carried 6-0. Commissioner Lee absent.

BOARD APPOINTMENTS
6.A. COMMUNITY SERVICES
6.A.1. APPOINT ONE MEMBER WHO SHALL BE AN ELECTED OFFICIAL TO THE PALM BEACH COUNTY HEALTH CARE DISTRICT FROM APRIL 18, 2000, THROUGH SEPTEMBER 30, 2004, FROM THE LIST OF THERESA LEPORE, GARY R. NIKOLITS, AND CARMINE PRIORE. APPROVED GARY NIKOLITS 4-18-2000
MOTION to appoint Gary R. Nikolits. Motion by Commissioner McCarty, seconded by Commissioner Marcus, and carried 6-0. Commissioner Lee absent.

6.A.2. APPOINT ONE MEMBER TO THE PALM BEACH COUNTY HEALTH CARE DISTRICT FROM APRIL 18, 2000, THROUGH SEPTEMBER 30, 2004, FROM THE LIST OF GERALD ADAMS, ANDREW DEGRAFFENREIDT II, DENNIS GALLON, KENNETH L. HAWTHORNE, JEANETTE MCGILL-CORBETT, JEFFREY PHETERSON, AND JOSH SMITH, JR. APPROVED DENNIS GALLON 4-18-2000
MOTION to appoint Dennis Gallon. Motion by Commissioner Masilotti and seconded by Commissioner Marcus.

Commissioner Roberts expressed her admiration for Mr. Gallon, who was in charge of three community college campuses and was very active in the community. Because of the complexity of the Health Care District and the time required of its members, she did not believe he would have the time to devote to it.
(CLERK'S NOTE: Commissioner Newell passed the gavel to Commissioner McCarty.)
SUBSTITUTE MOTION to appoint Kenneth L. Hawthorne. Motion by Commissioner Roberts and seconded by Commissioner Newell.

Commissioner Roberts noted that Mr. Hawthorne was a former personnel director for a major oil company. He had done an excellent job as the head of the West Palm Beach Housing Authority. Commissioner Aaronson commented that Mr. Gallon would be an asset to the Health Care District and had agreed to serve as a member if appointed. Mr. Aaronson said that he did not believe Mr. Gallon would undertake a job that he could not contribute to. Commissioner Masilotti said that during their telephone conversation, Mr. Gallon had agreed to serve as a member of the district.

UPON CALL FOR A VOTE, the motion failed 4-2. Commissioners Aaronson, McCarty, Marcus, and Masilotti opposed. Commissioner Lee absent.
MOTION to appoint Carmine Priore. Motion by Commissioner Newell. MOTION DIED FOR LACK OF A SECOND.

UPON CALL FOR A VOTE, the original motion carried 6-0. Commissioner Lee absent.

6.B. ADMINISTRATION
6.B.1. APPOINTMENT OF PAULA J. RYAN AND FREDERICK G. WADE AS REPLACEMENT REPRESENTATIVES OF THE SMALL BUSINESS COMMUNITY TO FILL THE UNEXPIRED TERMS OF THE PREVIOUS SMALL BUSINESS OWNERS TO THE SMALL/MINORITY/WOMEN BUSINESS ASSISTANCE ADVISORY COMMITTEE. APPROVED 4-18-2000

MOTION to approve the appointments. Motion by Commissioner Marcus, seconded by Commissioner McCarty and carried 6-0. Commissioner Lee absent.

6.C. COMMISSION DISTRICT APPOINTMENTS
6.C.1. APPOINTMENT OF GEORGE J. PAUL TO THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL. APPROVED 4-18-2000
MOTION by Commissioner McCarty, seconded by Commissioner Marcus and carried 6-0. Commissioner Lee absent.

6.C.2. REAPPOINTMENT OF ROBERT EISENBERG TO THE LAND USE ADVISORY BOARD. APPROVED 4-18-2000
MOTION by Commissioner Roberts, seconded by Commissioner Masilotti and carried 6-0. Commissioner Lee absent.

• STAFF COMMENTS

7.A. ADMINISTRATION COMMENTS - None

7.B. COUNTY ATTORNEY - None

• COMMISSIONER COMMENTS

8.A. COMMISSIONER TONY MASILOTTI
8.A.1. CANCER SCREENING FOR EMPLOYEES. DISCUSSED 4-18-2000
Commissioner Masilotti asked staff to continue investigating the opportunity of offering cancer screening as a benefit to all County employees. County Administrator Weisman said that staff was working on it.

No backup submitted.

8.B. COMMISSIONER CAROL A. ROBERTS
8.B.1. NAMING OF SOLAR SYSTEM. DISCUSSED 4-18-2000
Commissioner Roberts noted receipt of a letter from a young man in Delray Beach, who had asked for suggested names for our solar system. She said that she would submit a name.

No backup submitted.

8.C. COMMISSIONER MARY MCCARTY
8.C.1. PROCLAMATION DECLARING SUNDAY, APRIL 30, 2000, AS DR. ROBERT E. RABORN ARBOR DAY. APPROVED 4-18-2000
MOTION to approve the proclamation. Motion by Commissioner McCarty, seconded by Commissioner Marcus and carried 6-0. Commissioner Lee absent.

8.D. COMMISSIONER MAUDE FORD LEE
8.D.1. PROCLAMATION DECLARING APRIL 24-30, 2000, AS COMMUNITY DEVELOPMENT WEEK. APPROVED 4-18-2000

8.D.2. PROCLAMATION DECLARING APRIL AS CHILD ABUSE PREVENTION MONTH. APPROVED 4-18-2000

8.D.3. PROCLAMATION DECLARING APRIL 26, 2000, AS NATIONAL ADMINISTRATIVE PROFESSIONALS DAY. APPROVED 4-18-2000
MOTION to approve the proclamations. Motion by Commissioner McCarty on Commissioner Lee's behalf, seconded by Commissioner Marcus, and carried 6-0. Commissioner Lee absent.

8.E. COMMISSIONER BURT AARONSON
8.E.1. GUN SAFETY LOCKS. DISCUSSED 4-18-2000
Commissioner Aaronson noted receipt of a copy of a letter sent to the editor of the Palm Beach Post from Sheriff Robert W. Neumann stating his office's support of gun safety locks.

No backup submitted.

8.E.2. GUN LOCK GIVE-AWAY PROGRAM. DISCUSSED 4-18-2000
Commissioner Aaronson reported that the City of Minneapolis, Minnesota, announced its efforts to reduce gun violence by the distribution of 5,000 free gun locks and a publication about reducing gun tragedies. He urged Commissioner Newell to discuss the City of Minneapolis' efforts with the Criminal Justice Commission. Commissioner Newell stated the issue of gun safety had been discussed by the CJC, which had received free gun locks. The CJC would submit recommendations within a month on the issue of gun safety. Mr. Newell reported that the Bureau of Alcohol, Tobacco, and Fire-Arms was preparing to start a program in County schools that would show students the actual damage to people caused by weapons. Parents would also be included in the program. As part of that program, free gun locks would be given out.

No backup submitted.

8.F. COMMISSIONER KAREN T. MARCUS
8.F.1. ARTICLE V (MANDATED CRIMINAL JUSTICE COSTS) DISCUSSED 4-18-2000
Commissioner Marcus said the state Legislature had not made any decision regarding the removal of the intangible personal property tax or the Article V issue relative to court costs. She would keep the Board posted regarding those issues.

No backup submitted.

8.G. COMMISSIONER WARREN H. NEWELL
8.G.1. PAWN SHOP LEGISLATION. DISCUSSED 4-18-2000
Commissioner Newell stated that the pawn shop legislation had passed within the last senate committee and would go to the Senate for a vote. The House of Representatives had not completed its discussions. He said the Legislative Delegation had been very helpful with the issue.

No backup submitted.

8.G.2. DEPARTMENT OF TRANSPORTATION REQUIRED MAST ARM TRAFFIC SIGNALS. DISCUSSED 4-18-2000
Commissioner Newell said Florida Department of Transportation (FDOT) required that all state roads have mast arm traffic signals within 10 miles of the coast as a storm precaution. He noted that the County did not use them and had asked for a waiver to use non-mast arm signals in his district. He asked that the County develop a uniform program for mast arm traffic signals. The Board agreed that mast arm signals were more attractive than the standard signals used by the County. Commissioner Roberts suggested larger print for the street name signs attached to the signals. Commissioner Marcus suggested the Countywide use of the mast arm signals when traffic signals had to be replaced. Commissioner Aaronson suggested that staff determine the cost of the mast arm signals before the Board made a decision.

Staff was directed to:

• Do a cost analysis for street lighting and Countywide installation of mast arm traffic signals and to report back to the Board.

No backup submitted.

• ADJOURNMENT

The Chair declared the meeting adjourned at 3:17 p.m.

ATTESTED: APPROVED:

Clerk Chair