MEETING: BOARD OF COUNTY COMMISSIONERS, REGULAR/WORKSHOP

1. CALL TO ORDER: May 23, 2000, at 10:40 a.m., in the Palm Beach County Governmental Center, West Palm Beach, Florida.
1.A. ROLL CALL
MEMBERS AND OFFICERS PRESENT:
Chair Maude Ford Lee - Absent
Vice-Chair Warren H. Newell
Commissioner Burt Aaronson
Commissioner Mary McCarty - Absent
Commissioner Karen T. Marcus
Commissioner Tony Masilotti
Commissioner Carol A. Roberts - Absent
County Administrator Robert Weisman
Assistant County Attorney Robert P. Banks
Deputy Clerk Carl Zettelmeyer

2. AGENDA APPROVAL
2.A. ADDITIONS, DELETIONS, SUBSTITUTIONS
County Administrator Weisman noted the Agenda changes as follows:
PAGE ITEM
1: 9:30 A.M. DELETED: Affordable Housing Study (HCD)
1: 5D-1 ADD-ON: Staff recommends motion to approve: Contract Amendment No. 1 with ATC Vancom to remove the restriction that prohibits ATC from submitting a proposal to provide paratransit services in Palm Beach County. SUMMARY: On September 28, 1998, Palm Beach County issued a Request for Proposal for SpecTran Management Services. Included in this RFP was a prohibition that the selected paratransit management company would be prohibited from also submitting a proposal for any paratransit provider services. A decision has been made that Palm Beach County modify its existing paratransit service program and model it after the "Broward County" paratransit program. As a result of the decision to implement the "Broward County" program, the existing ATC paratransit management company contract will be terminated in the near future. The contract amendment will allow ATC the opportunity to compete with other companies who may respond to a request for additional paratransit providers. Countywide (DR)

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

2.C. UNSCHEDULED ITEMS - See Pages 5-6.
WORKSHOP SESSION

3. 9:30 A.M. AFFORDABLE HOUSING STUDY - DELETED

4. 10:30 A.M. - TRANSFER OF DEVELOPMENT RIGHTS (TDR) RECEIVING AREAS. DISCUSSED WITH DIRECTION 5-23-2000
Planning Director Frank M. Duke presented the item to the Board.
At the November 23, 1999, workshop, staff presented the TDR Issues Report that contained seven issues for discussion. The Board provided direction on two of these issues and further directed staff to perform additional data collection and analysis on the remaining five and to return to the Board with these items for direction at the current meeting. Staff information or recommendation and today's Board direction are as follows:

• Issue #1: Identification and Mapping of TDR Receiving Areas:

Information: The BCC [Board of County Commissioners] directed more precise mapping of TDR receiving areas than had been provided in the past. Specifically, the Board requested a map which depicts only vacant lands as potential receiving areas for the use of TDRs. The BCC also requested an assessment of the potential number of units which could be absorbed considering the appropriate density bonuses for the potential receiving areas. Staff has completed work on these maps, which suggests there are 10,133 acres in unincorporated Palm Beach County that could qualify as TDR receiving areas with the potential to absorb 23,607 TDR units.
Direction: Follow current practice.

• Issue #2: Reduction in Units in the County TDR Bank:

Recommendation: The County should not reduce the number of units in the TDR Bank until staff has explored municipal interest in a Countywide TDR program focused on encouraging redevelopment activity with the units from the County TDR Bank available for use in this program.

Direction: Follow current practice.

• Issue #3: Conversion Formulas for Non-Residential Sending Areas:

Recommendation: The County should not implement any conversion formula increasing the rate at which the number of units can be increased on property with a non-residential future land use designation given the fact that the number of TDR units that exist at present exceeds the ability of the County to absorb TDR units.

Direction: Do not implement any conversion formula increasing the rate at which the number of units can be increased on non-residential future land use designation. In the case of the single landowner whose property could be affected by this decision, continue to explore the option of purchasing the property itself.

• Issue #4: Conversion Formulas for Residential to Non-Residential Transfers:

Recommendation: The County should not implement this conversion formula. Developers typically do not utilize the maximum intensity that they are currently allowed. Given this, it is unlikely that they would be willing to pay to increase intensity above a maximum they currently do not use.

Direction: Do not implement any conversion formula, given that developers do not typically use all of the intensity they are currently allowed and would, therefore, be unlikely to pay to increase intensity further.

• Issue #5: Use of TDRs to Achieve the Planned Unit Development (PUD) Density Bonus:

Recommendation: The County should not use the TDR program as an alternative to exemplary design requirements for projects seeking the PDD [Planned Development District] density bonus.

Direction: Look for opportunities to implement this through the revised land development regulations.

Board consensus was also that staff solicit reaction from the municipalities to the idea of increasing densities that could absorb further TDRs. Planning Director Duke pointed out that municipalities might elect to increase densities as an option to seeking changes in land use designation, a process that normally takes up to nine months. Increasing densities could accomplish the same end in much less time, he said.

5. REGULAR AGENDA
5.A. CLERK
5.A.1. WARRANT LIST DATED MAY 22, 2000. APPROVED 5-23-2000
COMPUTER CHECKS $11,215,713.40
WIRE TRANSFERS 3,320,538.03
MANUAL CHECKS 378,205.15
TRUSTEE DISBURSEMENTS 0.00
$14,914,456.58

MOTION to approve the warrant list. Motion by Commissioner Marcus, seconded by Commissioner Masilotti, and carried 4-0. Commissioners Lee, McCarty, and Roberts absent.

5.A.2. CONTRACT ON THE CONTRACT LIST APPROVED BY THE PURCHASING DIRECTOR:
a. TERM CONTRACT WITH MCARTHUR DAIRY, INC., FOR $140,000 TO SUPPLY MILK, DAIRY, AND ICE CREAM PRODUCTS FROM JUNE 1, 2000, THROUGH MAY 31, 2001. APPROVED 5-23-2000

MOTION to approve the contract on the contract list. Motion by Commissioner Marcus, seconded by Commissioner Masilotti, and carried 4-0. Commissioners Lee, McCarty, and Roberts absent.

5.B. PLANNING, ZONING AND BUILDING
5.B.1.
RESOLUTION R-2000-0715
RESOLUTION GRANTING AN AD VALOREM TAX EXEMPTION TO KATHLEEN W. HAMMER FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 210 EL BRILLO WAY, PALM BEACH, AND AUTHORIZING A HISTORIC PRESERVATION PROPERTY TAX EXEMPTION FOR THAT PROPERTY FROM JANUARY 1, 2000, THROUGH DECEMBER 31, 2009. ADOPTED 5-23-2000

MOTION to adopt the resolution. Motion by Commissioner Marcus, seconded by Commissioner Masilotti, and carried 4-0. Commissioners Lee, McCarty, and Roberts absent.

5.C. AIRPORTS
5.C.1. DOCUMENT R-2000-0716
RESIDENTIAL LEASE AGREEMENT WITH HILLCREST/FRANKEL GOLF PARTNERS, L.C., LESSEE, FOR THE RESIDENCE AT LOCATED 942 HILLCREST BOULEVARD, WEST PALM BEACH, AT A RENTAL RATE OF $1 PER YEAR EFFECTIVE JUNE 5, 2000. THE LESSEE WILL OCCUPY THE PROPERTY IN ORDER TO PROVIDE SECURITY AGAINST VANDALISM DURING NEGOTIATIONS WITH THE COUNTY FOR THE LEASING OF 101 ACRES OF PROPERTY IN THE FORMER HILLCREST NEIGHBORHOOD FOR THE CONSTRUCTION AND OPERATION OF A PUBLIC GOLF COURSE. APPROVED 5-23-2000

MOTION to approve the lease agreement. Motion by Commissioner Marcus, seconded by Commissioner Aaronson, and carried 4-0. Commissioners Lee, McCarty, and Roberts absent.

5.D. PALM TRAN
5.D.1. DOCUMENT R-2000-0717
AMENDMENT 1 TO THE CONTRACT WITH ATC VANCOM, INC., TO REMOVE THE RESTRICTION PROHIBITING THAT FIRM FROM SUBMITTING A PROPOSAL FOR PARATRANSIT PROVIDER SERVICES. (AMENDS R-99-395-D) APPROVED 5-23-2000

MOTION to approve the amendment. Motion by Commissioner Marcus, seconded by Commissioner Aaronson, and carried 4-0. Commissioners Lee, McCarty, and Roberts absent.

5.E. UNSCHEDULED ITEMS
5.E.1. MINING AMENDMENT (SENATE BILL 772). DISCUSSED 5-23-2000
County Administrator Weisman recommended sending a letter over the Chair's signature to Governor Jeb Bush urging delegation of the State Fire Marshal's authority over the use of explosives in mining operations to local authorities.

MOTION to approve the letter. Motion by Commissioner Masilotti, seconded by Commissioner Aaronson, and carried 4-0. Commissioners Lee, McCarty, and Roberts absent.

Commissioner Marcus suggested sending a similar letter to Treasurer and Insurance Commissioner Bill Nelson, to whom the fire marshal is responsible, urging the delegation of authority as well.

MOTION to approve the letter. Motion by Commissioner Masilotti, seconded by Commissioner Marcus, and carried 4-0. Commissioners Lee, McCarty, and Roberts absent.

5.E.2. LEGISLATIVE PROCESS IN TALLAHASSEE. DISCUSSED 5-23-2000
Commissioners Aaronson, Marcus, and Masilotti all criticized the legislature for its haste in concluding business at the end of this year's session. They cited the Mining Bill (SB772) as one of many flagrant examples of carelessness exhibited by the legislators in their rush to adjourn. Commissioner Marcus said the Board and the public should express their displeasure to the Legislative Delegation and to Tallahassee in order to discourage the irresponsible cramming of multiple issues into a single vote in future sessions.

No backup submitted.

5.E.3. ST. MARY'S/GOOD SAMARITAN HOSPITALS. DISCUSSED WITH DIRECTION 5-23-2000
Commissioner Marcus suggested applying the experience gained in persuading Pratt & Whitney to remain in the County to the problem of keeping both St. Mary's and Good Samaritan hospitals open. She urged Commissioner Newell to attend the meeting of the Intracoastal Health Care board on May 26, 2000, to represent the Board's point of view. Commissioner Newell said he was unable to attend but directed the County Administrator to attend in his place. He also directed Mr. Weisman to draft a letter to the Intracoastal board urging the appointment of a Commissioner to its board.

Commissioners Aaronson and Masilotti supported keeping both hospitals open but strongly recommended against contributing any County money for that purpose.

No backup submitted.

5.E.4. ACQUISITION OF SUBMERGED LANDS SURROUNDING LITTLE MUNYON ISLAND. DISCUSSED 5-23-2000
Commissioner Newell requested a motion to have the Conservation Lands Acquisition Selection Committee (CLASC) review the question of submerged lands surrounding Little Munyon Island to determine whether they fell within the criteria that would make them eligible for acquisition as environmentally sensitive lands. Commissioner Marcus reminded the Board that the John D. and Catherine T. MacArthur Foundation had appropriated funds to assist in the acquisition of lands such as the submerged lands around Little Munyon.

No backup submitted.

MOTION to request CLASC to consider acquisition of the submerged lands surrounding Little Munyon Island. Motion by Commissioner Masilotti, seconded by Commissioner Marcus, and carried 4-0. Commissioners Lee, McCarty, and Roberts absent.

6. ADJOURNMENT
The Chair declared the meeting adjourned at 12:00 p.m.

ATTESTED: APPROVED:

Clerk Chair