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

(CLERK'S NOTE: Commissioners Aaronson, Marcus, and Newell joined the meeting.)

3. WORKSHOP ITEM
SELECTION OF BUS BENCH AND BUS SHELTER ADVERTISING CONTRACTORS. APPROVED 8-29-2000
Stephen Chatham presented the proposal submitted by Infinity Outdoor, Inc., the sole respondent to the request for proposals for the construction of bus shelters.

Commissioners McCarty, Marcus, and Roberts all expressed reservations about the aesthetics of the proposed shelter design. Mr. Chatham assured the commissioners that his firm would be happy to work with the board on development of an appealing design.

Commissioner Aaronson proposed including an incentive bonus for meeting construction goals and praised Infinity for the elaborateness of its plan for shelter maintenance. Commissioner Masilotti objected to the incentive bonus and proposed instead a penalty for noncompliance with the goals of the contract. He also asked whether all the elements of the proposed shelter were "made in America." Mr. Chatham assured him that they were.

Commissioner Masilotti also asked about the schedule for shelter construction and why certain locations were not identified as sites for the first shelters to be built. Assistant County Administrator Vince Bonvento explained that the construction schedule was complicated by land ownership issues. Commissioner Masilotti then recommended a reevaluation of the schedule in terms of ridership rather than advertising potential alone. Mr. Chatham accepted the recommendation.

Commissioner Newell asked how panhandlers might be discouraged from sleeping in bus shelters. Mr. Bonvento explained that certain modifications to the seats were planned to discourage their use for sleeping. If those modifications were insufficient, Mr. Bonvento added, shelters (and bus stops) might be moved back from intersections, making them less convenient for panhandlers wishing to dart out to vehicles stopped at traffic signals.

MOTION to proceed with negotiations toward a contract with Infinity Outdoor, Inc., for constructing bus shelters. Motion by Commissioner Roberts and seconded by Commissioner Marcus.

Commissioner Masilotti asked whether wind resistance could be increased from 115 miles per hour to 135. Mr. Bonvento said building codes called for 115 miles per hour, but Mr. Chatham said he would recalculate the costs with the higher wind speed as a factor.

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

David Gray then presented the proposal submitted by Creative Outdoor Advertising for the construction of bus benches and associated advertising. Commissioner McCarty suggested a design that would fit more harmoniously with the predominantly suburban/rural character of the county than the design proposed by Creative Outdoor Advertising, which she characterized as "urban" in feeling. Commissioner Masilotti asked whether all the components of the design were "made in America," and was told by Mr. Gray that they were. Mr. Gray also explained that trash collections would be scheduled according to need, but would be weekly at a minimum.

Harold Gallup presented the proposal submitted by Maverick Bench Media Company, Inc., and assured Commissioner McCarty that the design of his company's bench could be tailored to the board's taste. He also said Maverick was experimenting with the use of recycled materials and that the size of the advertisement on his company's benches was typical of that allowed by the Florida Department of Transportation (FDOT).

Alison Oliver, marketing coordinator for Palm Beach Bus Bench Ads, LLC, made the presentation for her firm. Commissioner McCarty asked how the company would deal with benches located in areas where advertising would be inappropriate. Ms. Oliver said the company would install benches wherever they were required, whatever the advertising potential of the location. She also said her company would dedicate 10 percent of the contract revenue (with a minimum of $1,000 per commission district per month) to charities designated by the board. In response to a question from Commissioner Lee, Mr. Bonvento assured the board that this practice was legal and that Palm Beach Bus Bench Ads was not the only respondent proposing to make such a contribution.

Commissioner McCarty asked Ms. Oliver about her company's use of recycled materials and was told that 100 percent of the material used in bench construction was recycled and could be made to look like wood. Ms. Oliver also assured Commissioner Roberts that her company could obtain the required insurance. Assistant County Attorney Donna Raney explained that the insurance question was an issue of responsibility rather than responsiveness and that the Purchasing Department had assured her that Palm Beach Bus Bench Ads demonstrated the ability to obtain insurance.

Commissioner Roberts asked about the viability of the two subsidiary companies that were part of Palm Beach Bus Bench Ads and wondered how it would affect fulfillment of the contract if either should fail. Ms. Raney proposed including language in the contract that insisted on the continuing participation of the subsidiaries or requiring the board's approval of any changes to the makeup of the parent company.

Commissioner Masilotti inquired about trash receptacles and maintenance schedules. Ms. Oliver said receptacles could easily be provided and would be maintained on a twice-weekly schedule.

F. Martin Perry, agent for Metropolitan Systems, Inc., made the presentation for that company. He pointed out that his client was the current vendor. Commissioner Aaronson asked whether a more expensive bench would affect the amount of revenue accruing to the county. Mr. Perry said it would. Commissioner McCarty pointed out that Metropolitan Systems had not honored the terms of its current contract, failing in both the requirement to install an increased number of benches and to maintain those already in place.

MOTION to authorize staff to begin negotiations with Creative Outdoor Advertising, Inc., for the construction of bus shelters. Motion by Commissioner Roberts and seconded by Commissioner Marcus.

Commissioner Newell claimed he could not support the motion because the benches proposed by Creative Outdoor Advertising were, in his view, a better platform for advertising than a convenience to Palm Tran riders. He also asked what the board would do if FDOT ruled against the bench design. Mr. Bonvento answered that the contractor would have to submit a design that complied with FDOT requirements. Commissioner Aaronson said he wanted to use one of the three sides of the Creative Advertising bench for public service advertisements. Mr. Bonvento said that requirement could become part of the negotiations. Commissioner McCarty said she, too, could not support the motion.

UPON CALL FOR A VOTE, the motion carried 4-3. Commissioners Lee, McCarty, and Newell opposed.

Commissioner McCarty then proposed having a second vendor as an alternative should negotiations with Creative Outdoor Advertising fail.

MOTION to name Palm Beach Bus Bench Ads as the alternate bus bench vendor. Motion by Commissioner McCarty, seconded by Commissioner Masilotti, and carried 7-0.

RECESS
At 12:15 p.m., the Chair declared a recess.
RECONVENE
At 2:10 p.m., the Board reconvened with Commissioners Lee, McCarty, Marcus, and Masilotti present.

4. REGULAR AGENDA
4.A. CLERK
4.A.1. WARRANT LIST
WARRANT LIST DATED AUGUST 28, 2000. APPROVED 8-29-2000
COMPUTER CHECKS $8,688,538.72
WIRE TRANSFERS 932,329.22
MANUAL CHECKS 126,219.74
EDI TRANSFERS 386,418.01
$10,133,505.69

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

4.A.2.  CONTRACTS ON THE CONTRACT LIST EXECUTED BY THE PURCHASING DIRECTOR OR THE RISK MANAGEMENT DIRECTOR:
a.  TERM CONTRACT FOR $161,000 WITH DMS SUPPLY, FOUR STEEL CORPORATION, MCKINSEY STEEL & SUPPLY, AND OTHERS AS MAY BE ADDED TO PROVIDE PRE-QUALIFIED VENDORS FOR ALUMINUM, BLACK IRON, AND STEEL METAL PRODUCTS FROM AUGUST 29, 2000, THROUGH AUGUST 28, 2001. APPROVED 8-29-2000
b.  RENEWAL OF TERM CONTRACT FOR $615,000 WITH ODUM'S, INC., TO FURNISH AND INSTALL SOD ON AN AS-NEEDED BASIS FROM SEPTEMBER 15, 2000, THROUGH SEPTEMBER 14, 2001. APPROVED 8-29-2000
c.  WORKER'S COMPENSATION SETTLEMENT WITH RICHARD HODGES FOR $200,000 TO SETTLE PAST AND PRESENT INDEMNITY AND MEDICAL COSTS RELATED TO FIVE SURGERIES ON BOTH KNEES WITH A TOTAL KNEE REPLACEMENT ON ONE AND AN ANTICIPATED NEED FOR TWO ADDITIONAL TOTAL KNEE REPLACEMENTS. APPROVED 8-29-2000

MOTION to approve the contracts and the settlement. Motion by Commissioner Marcus, seconded by Commissioner Masilotti, and carried 4-0. Commissioners Aaronson, Newell, and Roberts absent.

4.B. COUNTY ATTORNEY
4.B.1.  PRELIMINARY READING AND ADVERTISE FOR PUBLIC HEARING ON SEPTEMBER 26, 2000, AT 9:30 A.M. AN ORDINANCE ENTITLED THE PALM BEACH COUNTY LOCAL PREFERENCE IN PURCHASING ORDINANCE, PROVIDING FOR THE APPLICATION OF A RECIPROCAL PREFERENCE FOR LOCAL BUSINESSES; ESTABLISHING THE PRIORITY OF THE PALM BEACH COUNTY MINORITY/WOMEN BUSINESS ENTERPRISE ORDINANCE; ESTABLISHING PRECEDENCE OVER THE PALM BEACH COUNTY PURCHASING ORDINANCE; AND AUTHORIZING THE COUNTY ADMINISTRATOR OR DESIGNEE TO DEVELOP RULES AND REGULATIONS. APPROVED 8-29-2000

MOTION to approve the ordinance on preliminary reading and advertise for public hearing. Motion by Commissioner Marcus, seconded by Commissioner Masilotti, and carried 4-0. Commissioners Aaronson, Newell, and Roberts absent.

4.B.2.  MEDIATION SETTLEMENT AGREEMENT IN THE TOTAL AMOUNT OF $200,000, INCLUSIVE OF ATTORNEY FEES AND COSTS, IN THE CASE OF JAMES F. GRICE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CHERYL S. GRICE, DECEASED, V. PALM BEACH COUNTY, CASE CL-99-9740-AD. APPROVED 8-29-2000

MOTION to approve the settlement agreement. Motion by Commissioner Marcus, seconded by Commissioner Masilotti, and carried 4-0. Commissioners Aaronson, Newell, and Roberts absent.

4.C. ENGINEERING AND PUBLIC WORKS
4.C.1.
a. DOCUMENT R-2000-1238
FILING OF EMINENT DOMAIN PROCEEDINGS FOR ACQUISITION OF PROPERTIES KNOWN AS PARCELS 112, 113, 114A, AND 122 IN FEE SIMPLE FOR THE RIGHT-OF-WAY; PROPERTIES KNOWN AS PARCELS 405, 407, 423, 508, 511, 512, 513B, 515, 516, 517, 518, 519, 520, 527, 529, AND 538 NEEDED AS TEMPORARY CONSTRUCTION EASEMENTS; PROPERTIES KNOWN AS 314A, 322, 414, 426, 428, 431, 433, 436, 437, 506, AND 513A NEEDED AS EMBANKMENT EASEMENTS; AND PROPERTIES KNOWN AS PARCELS 208 AND 209 NEEDED AS WATER RETENTION AREAS. THE ACQUISITION OF THESE PARCELS IS NECESSARY FOR THE CONSTRUCTION AND IMPROVEMENT OF HAGEN RANCH ROAD FROM LAKE IDA ROAD TO BOYNTON BEACH BOULEVARD. APPROVED 8-29-2000

b. BUDGET TRANSFER 2000-1460
BUDGET TRANSFER OF $919,109 IN THE ROAD IMPACT FEES FUND - AREA K FROM RESERVES TO THE HAGEN RANCH ROAD/WEST ATLANTIC AVENUE TO BOYNTON BEACH BOULEVARD PROJECT. APPROVED 8-29-2000

MOTION to approve the filing of eminent domain proceedings and the budget transfer. Motion by Commissioner Masilotti, seconded by Commissioner Marcus, and carried 4-0. Commissioners Aaronson, Newell, and Roberts absent.

4.C.2.  FILING OF EMINENT DOMAIN PROCEEDINGS FOR A DRAINAGE AND FLOWAGE EASEMENT THROUGH THE LAKES OF SHERBROOKE DRAINAGE SYSTEM. THIS OUTFALL OPTION IS TO BE EMPLOYED FOR THE LANTANA ROAD PROJECTS FROM LYONS ROAD TO WEST OF THE FLORIDA TURNPIKE. APPROVED 8-29-2000

PUBLIC COMMENT:
William Doney, attorney for the Lakes of Sherbrooke development, expressed his concerns over the danger of flooding that might occur if the outfall was directed into his client's property. He also said that transferring perpetual maintenance responsibility for the runoff to the homeowners association would be burdensome.

Gerald Ward, consulting engineer for the Lakes of Lantana development, said water quality was important to his client and that the perpetual maintenance costs for the runoff would be excessive. Since condemnation and permitting would take some time, he recommended that the board choose another option than the one involving the Lakes of Sherbrooke.

Commissioner Masilotti asked whether a situation like this had occurred before and what it would cost to maintain a 10-15 acre retention lake. County Engineer George T. Webb said it had not, which made projecting costs for such a lake difficult. In terms of cost, however, he did say that Option 1 (the proposed drainage into the Lakes of Sherbrooke) and Option 3 (which proposed directing the outfall into the Towne Park development), were comparable.

MOTION to select Option 3.A. Motion by Commissioner Commissioner Masilotti and seconded by Commissioner Marcus.

The exact language of Option 3.A. is as follows:

The drainage for Lantana Road between Lyons Road and Grand Lacuna Boulevard would be taken to the Towne Park development, as would the drainage for the 1400' of Lyons Road north of Lantana Road (included as a part of this project). The developers of Towne Park have agreed to accept the additional drainage, which is above requirements per zoning conditions, to assist the county in expediting the project. The rest of the drainage from Grand Lacuna Boulevard to the Turnpike (a developer responsibility) would be directed to a pond that would have to be acquired just west of the Turnpike.

Commissioner Marcus asked for assurance from Mr. Webb that the design for outflow of the additional water would work according to plan. Mr. Webb said it would and added that the Winston Trails development would bear a greater cost under Option 3.A., but that Option 3.A. locked in the cost, unlike the eminent domain proceeding involved in Option 1.

UPON CALL FOR A VOTE, the motion carried 4-0. Commissioners Aaronson, Newell, and Roberts absent.

4.C.3. DOCUMENT R-2000-1239
AMENDMENT TO AN EASEMENT AGREEMENT WITH NOVARTIS SEEDS, INC., NKA LEVITT-ANSCA HAGEN RANCH, LTD., FOR HAGEN RANCH ROAD DRAINAGE SOUTH OF LAKE WORTH DRAINAGE DISTRICT L-22 CANAL. THIS AMENDMENT WOULD PROVIDE DRAINAGE OUTFALL FOR HAGEN RANCH ROAD FOR THE SITE, LOCATED WEST OF HAGEN RANCH ROAD AND NORTH OF BOYNTON BEACH BOULEVARD, BY REPLACING THE EXISTING DRAINAGE EASEMENT WITH THIS ONE. (AMENDS R-97-724) APPROVED 8-29-2000

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

4.D. ADMINISTRATION
4.D.1. DOCUMENT R-2000-1240
INTERLOCAL AGREEMENT WITH THE PORT OF PALM BEACH AND THE CITY OF RIVIERA BEACH ADDRESSING FUNDING AND CONSTRUCTION OF PUBLIC ROAD IMPROVEMENTS NECESSARY TO ACCOMMODATE THE PORT'S ONSITE IMPROVEMENTS WITH A CONTRIBUTION FROM THE COUNTY OF A NOT-TO-EXCEED AMOUNT OF $4.2 MILLION RECEIVED FROM A STATE OF FLORIDA FAST TRACK GRANT. APPROVED 8-29-2000

MOTION to approve the agreement. Motion by Commissioner Masilotti and seconded by Commissioner Marcus.

PUBLIC COMMENT:
Stephen Schwank, Commissioner of the Port of Palm Beach, thanked the board and the City of Riviera Beach for their cooperation in arriving at the interlocal agreement. Elizabeth Wade, chair pro tem of the Riviera Beach City Council, expressed thanks on behalf of the city to both the county and the Port of Palm Beach. Gerald Ward, resident of Riviera Beach, characterized the interlocal agreement as premature, hastily drafted, and missing exhibits. He also noted that the promised public discussion of the agreement had never been held. Issues remained to be resolved between the City of Riviera Beach and the other two parties, he continued, all of which made it the case that the board could merely give conceptual approval to the agreement at this point. Councilperson Wade returned to the podium to add her view that while Riviera Beach did indeed have reservations concerning the interlocal agreement, city administration was nevertheless prepared to sign the agreement in the interest of moving ahead with the proposed improvements.

UPON CALL FOR A VOTE, the motion carried 4-0. Commissioners Aaronson, Newell, and Roberts absent.

4.E. OFFICE OF FINANCIAL MANAGEMENT AND BUDGET
4.E.1.  SETTLEMENT IN THE AMOUNT OF $25,000 FOR FULL SATISFACTION OF A CODE ENFORCEMENT LIEN ENTERED AGAINST LAURA MOUNT ON AUGUST 6, 1996, FOR CODE VIOLATIONS INVOLVING OVERGROWN VEGETATION, OUTSIDE STORAGE OF TRASH AND DEBRIS, AND THE HARBORING OF VAGRANTS. THE VIOLATIONS WERE CORRECTED AS OF AUGUST 10, 1999. THE ACCUMULATED FINES AND INTEREST, THROUGH MAY 7, 2000, TOTALED $74,769.53, OF WHICH LAURA MOUNT WILL PAY $25,000 (33 PERCENT) AND RESTORE THE PROPERTY, INCLUDING THE BUILDING, TO A PRODUCTIVE BUSINESS USE BY JUNE 1, 2001, IN EXCHANGE FOR FULL SETTLEMENT OF THE OUTSTANDING LIEN. APPROVED 8-29-2000

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

Commissioner Masilotti asked County Administrator Weisman whether there would be consequences for failure to restore the property. Mr. Weisman said further charges would accrue if the improvements were not made.

5. ADJOURNMENT

The Chair declared the meeting adjourned at 3:46 p.m.

ATTESTED: APPROVED:

Clerk Chair