Meeting Minutes

WORKSHOP MEETING: BOARD OF COUNTY COMMISSIONERS

1. CALL TO ORDER: November 28, 2000, at 9:38 a.m., in the Palm Beach County Governmental Center, West Palm Beach, Florida.
1.A. ROLL CALL
MEMBERS AND OFFICERS PRESENT:
Chair Warren H. Newell
Vice-Chair Carol A. Roberts - Absent
Commissioner Burt Aaronson
Commissioner Addie L. Greene
Commissioner Mary McCarty
Commissioner Karen T. Marcus
Commissioner Tony Masilotti - Arrived later
County Administrator Robert Weisman
County Attorney Denise Dytrych
Deputy Clerk Carl Zettelmeyer

2. AGENDA APPROVAL
2.A. ADDITIONS, DELETIONS, SUBSTITUTIONS - None

2.B. ADOPTION
MOTION to adopt the agenda. Motion by Commissioner Marcus, seconded by Commissioner McCarty, and carried 5-0. Commissioners Masilotti and Roberts absent.

2.C. UNSCHEDULED ITEMS - See pages 4-5.
WORKSHOP SESSIONS

3. 9:30 A.M. - REDEVELOPMENT/REVITALIZATION ASSESSMENT - See pages 5-6.

4. 10:30 A.M. - FINANCIALLY ASSISTED AGENCIES - See pages 6-7.

5. 2:00 P.M. - NON-NATIVE INVASIVE VEGETATION REMOVAL ISSUES 2006 - See p. 7-9.

6. REGULAR AGENDA
6.A. CLERK
6.A.1. WARRANT LIST DATED 11-24-2000. APPROVED 11-28-2000
COMPUTER CHECKS $5,091,118.35
WIRE TRANSFERS 2,815,982.58
MANUAL CHECKS 436,483.07
EFT TRANSFER 2,321,578.89
$10,665,162.89
6.A.2. CONTRACTS ON THE CONTRACT LIST AND CLAIMS SETTLEMENTS EXECUTED BY THE DIRECTOR OF PURCHASING OR THE DIRECTOR OF RISK MANAGEMENT:
a. DOCUMENT R-2000-1933
PURCHASE ORDER FOR $20,926 TO BELL CHEVROLET FOR THE PURCHASE OF ONE MID-SIZE UTILITY VEHICLE. APPROVED 11-28-2000
b. DOCUMENT R-2000-1934
PURCHASE ORDER FOR $763,819 TO BILL HEARD CHEVROLET FOR THE PURCHASE OF 39 MID-SIZE UTILITY VEHICLES. APPROVED 11-28-2000
c. DOCUMENT R-2000-1935
PURCHASE ORDER FOR $123,204 TO GARBER CHEVROLET FOR THE PURCHASE OF 8 MID-SIZE SEDANS. APPROVED 11-28-2000
d. DOCUMENT R-2000-1936
PURCHASE ORDER FOR $328,896 TO DUVAL FORD FOR THE PURCHASE OF 1 MID-SIZE WAGON, 3 MID-SIZE UTILITY VEHICLES, AND 18 MID-SIZE SEDANS. APPROVED 11-28-2000
e. DOCUMENT R-2000-1937
PURCHASE ORDER FOR $19,135 TO JACK CARUSO DODGE FOR THE PURCHASE OF ONE 15-PASSENGER VAN. APPROVED 11-28-2000
f. DOCUMENT R-2000-1938
PURCHASE ORDER FOR $89,670 TO KAISER PONTIAC BUICK FOR THE PURCHASE OF SIX MID-SIZE UTILITY VEHICLES. APPROVED 11-28-2000
g. RENEWAL OF TERM CONTRACT WITH CONGRESS AUTO PARTS; RIGGS, INC.; FLASH EQUIPMENT; FONTAINE TRUCK EQUIPMENT; MARC INDUSTRIES; MUNICIPAL EQUIPMENT COMPANY; TRUCK AND TRAILER USA; VEHICLE MAINTENANCE PROGRAM; L&L DISTRIBUTORS; AND S&H DISTRIBUTORS FOR $326,700 FOR THE PURCHASE OF AUTOMOBILE AND TRUCK HARDWARE AND ACCESSORIES ON AN AS-NEEDED BASIS FROM DECEMBER 13, 2000, THROUGH DECEMBER 12, 2001. APPROVED 11-28-2000
h. TERM CONTRACT WITH MEDTRONIC PHYSIO-CONTROL FOR $186,270 TO PROVIDE LIFEPAK 500 AUTOMATIC EXTERNAL DEFIBRILLATORS AND ACCESSORIES FROM NOVEMBER 28, 2000, THROUGH SEPTEMBER 30, 2002. APPROVED 11-28-2000
TERM CONTRACT WITH JAMES F. SCHNELLE FOR $200,000 TO FURNISH EXOTIC VEGETATION CONTROL AND REMOVAL ON AN AS-NEEDED BASIS FROM DECEMBER 1, 2000, THROUGH NOVEMBER 30, 2001. APPROVED 11-28-2000
RENEWAL OF TERM CONTRACT WITH ALVIN MATTHEWS PAINT & BODY; GUARANTEED AUTO REPAIR; LYONS AUTO BODY, INC.; NATIONWIDE COLLISION AND APPRAISAL; MURPHY'S PAINT & BODY; ROGER DEAN CHEVROLET; ROYAL PAINT & BODY; PANTHER PAINT & BODY; AND SEBOKS AUTO BODY FOR $230,000 FOR AUTO BODY REPAIRS FROM JANUARY 1, 2001, THROUGH DECEMBER 31, 2001. APPROVED 11-28-2000
k. DOCUMENT R-2000-1939
CONTRACT WITH G.A. FOOD SERVICE, INC., FOR $1,045,266.07 TO PROVIDE CONGREGATE AND HOME DELIVERED MEALS FROM JANUARY 1, 2001, THROUGH DECEMBER 31, 2001. APPROVED 11-28-2000
l. DOCUMENT R-2000-1940
CONTACT WITH BELLSOUTH COMMUNICATION SYSTEMS, INC., FOR $1,000,000 TO PROVIDE POST-WARRANTY MAINTENANCE AND TIME AND MATERIAL SERVICE FOR THE MERIDIAN TELEPHONE SYSTEMS FROM DECEMBER 1, 2000, THROUGH NOVEMBER 30, 2003. APPROVED 11-28-2000
WORKER'S COMPENSATION SETTLEMENT WITH MONROE SHANNON FOR $65,000. APPROVED 11-28-2000
n. WORKER'S COMPENSATION SETTLEMENT WITH ARMANDO TRUJILLO FOR $245,000. APPROVED 11-28-2000

6.B. PALM TRAN
6.B.1. LABOR-MANAGEMENT AGREEMENT BETWEEN PALM TRAN, INC., AND THE AMALGAMATED TRANSIT UNION, LOCAL 1577, EFFECTIVE OCTOBER 1, 2000, THROUGH SEPTEMBER 30, 2003. APPROVED (TOGETHER WITH ATTACHMENT 2) 11-28-2000

Assistant County Attorney Donna Raney explained that approval of Attachment 2, a side agreement, was necessary because the effective date of the agreement itself was October 1, 2000. The board's approval on November 28, 2000, therefore required the adjustment of the effective dates of certain provisions of the agreement, which were cited in Attachment 2.

MOTION to approve the agreement and the side agreement. Motion by Commissioner McCarty, seconded by Commissioner Marcus, and carried 5-0. Commissioners Masilotti and Roberts absent.
(CLERK'S NOTE: Ms. Raney then requested the board to recess and to reconvene as the Board of Directors of Palm Tran, Inc., to approve the agreement and side agreement.)

RECESS
At 9:45 a.m., the Chair declared the meeting recessed as the Board of County Commissioners in order to convene as the Board of Directors of Palm Tran, Inc.
The Chair called for a motion from the board of directors of Palm Tran, Inc., to approve the agreements.

MOTION to approve the agreement and side agreement. Motion by Commissioner McCarty, seconded by Commissioner Marcus, and carried 5-0. Commissioners Masilotti and Roberts absent.

RECONVENE
At 9:48 a.m., the Board reconvened as the Board of County Commissioners with Commissioners Aaronson, Greene, McCarty, Marcus, and Newell present.

2.C. UNSCHEDULED ITEMS
2.C.1. REPLACEMENT OF PRUDENTIAL SECURITIES BY BANC OF AMERICA SECURITIES IN THE COUNTY'S UNDERWRITER POOL FOR THE SECOND $75 MILLION GENERAL OBLIGATION LAND CONSERVATION BONDS AND THE ESTIMATED $79 MILLION REVENUE BONDS FOR THE CONVENTION CENTER. APPROVED 11-28-2000

MOTION to approve the replacement. Motion by Commissioner Aaronson, seconded by Commissioner McCarty, and carried 5-0. Commissioners Masilotti and Roberts absent.

2.C.2. REQUEST FROM PUBLIX SUPERMARKETS TO LIFT THE RESTRICTION BANNING THE SALE OF ALCOHOL BETWEEN THE HOURS OF 7:00 A.M. AND 10:00 A.M. ON SUNDAY DECEMBER 24 AND SUNDAY DECEMBER 31. DISCUSSED 11-28-2000

Ms. Dytrych explained that honoring the request would require a code change, for which there was not adequate time.

(CLERK'S NOTE: Without a vote, consensus of the board was to leave the restriction in place.)

No backup provided.

2.C.3. JOINING THE CITY OF SOUTH MIAMI CITRUS CANKER LITIGATION. DISCUSSED WITH DIRECTION 11-28-2000

County Attorney Dytrych reported that the City of South Miami had already settled its lawsuit against the State of Florida on citrus canker eradication. There was, therefore, no opportunity for Palm Beach County to join this lawsuit or to join the suit filed by the City of Pompano Beach, which was on appeal, as was the suit filed by Broward County. Commissioner Aaronson suggested monitoring the appeal of the Broward County suit. Commissioners Marcus and McCarty requested a presentation on the eradication program by the Florida Department of Agriculture.

Commissioner Marcus also asked for the involvement of the League of Cities on this issue.

No backup provided.

WORKSHOP SESSIONS
3. 9:30 A.M. - REDEVELOPMENT/REVITALIZATION ASSESSMENT. DISCUSSED WITH DIRECTION 11-28-2000

Following the presentation by James F. Murley, director of the Florida Atlantic University/Florida International University (FAU/FIU) Joint Center for Environmental and Urban Affairs, members of the board posed a number of questions.

Commissioner Greene asked whether brownfield research was an appropriate focus for the revitalization effort, and Commissioner Newell asked if there had ever been a brownfield designation. Why, he inquired, with so many brownfields, had no money ever become available. Executive Director of Planning, Zoning and Building Dominic Sims explained that matching funds were required for brownfield mitigation, and Planning Director Frank M. Duke added that each brownfield mitigation project required the participation of a developer. Furthermore, Mr. Duke continued, a brownfield must have a commercial or industrial designation, which is why developers might have avoided such projects. Commissioner Aaronson suggested looking at relaxing restrictions in order to encourage developer participation. He also suggested a concentration on the Glades as a target area for the next revitalization effort.

Commissioner Marcus wanted to know where the majority of brownfields occurred. Mr. Duke answered that most were in the municipalities. Ms. Marcus then requested Mr. Duke to provide a list of them, and Commissioner Newell requested a summary of the issues surrounding brownfield mitigation.

Commissioner McCarty, having learned that the FAU/FIU study had cost $5,000, criticized it as excessively generic. She would have preferred to learn about programs that had proven successful in other venues and that might be effective in Palm Beach County. She said she had no interest in conducting further focus group interviews but preferred rather to move toward the implementation of successful infill and redevelopment programs.

Commissioner Marcus brought up the visioning process, which she said she would like to see employed as a next step to ensure the most effective allocation of funds. She suggested a one day meeting of the board devoted to visioning. Commissioner Aaronson said he would like to see a cost-benefit analysis of the county's spending on revitalization as a basis for making the most profitable allocations of money.

In summary, Commissioner Newell mentioned Community Redevelopment Agencies (CRAs), saying that the board needed further information on their operation. Mr. Sims pointed out that CRAs were on the legislative agenda and that he would coordinate the drafting of legislation on their governance. Commissioner Newell said he also looked for a heightened level of commitment to the administrative process from staff.

This might require a change in department structure, he suggested. Each department has its place in the pecking order, he continued, and he recommended elevating the place of the Planning Division in order to achieve a greater and more productive degree of commitment. Redevelopment is as important as any other issue in the county, he insisted, since it produces increased property taxes and reduced crime, among other benefits.

Commissioner McCarty interpreted Commissioner Newell's remarks to mean that Mr. Sims should move into the County Engineer's office and County Engineer George T. Webb should move to the engineering building at 160 Australian Avenue, thereby elevating the Planning Division to its appropriate status and demonstrating to the world that Planning is the division all people need to look to and coordinate through in the county.

County Administrator Weisman noted the frequency with which commissioners need to consult the County Engineer, while Commissioner Aaronson observed that, if a change in prominence was even necessary, it could be accomplished without moving departments from one office to another.

Commissioner Newell insisted that, with his assumption of the chairmanship, he would continue to push for the priority of the planning effort as a means of avoiding the problems that come with uncoordinated development. Historically, he continued, planning in the county had been deficient. The planning function, he declared, is the highest function of county government. Unless that was understood, he said, the appropriate priorities would never be established. He suggested to Mr. Weisman that the session on the visioning process take place at the Okeeheelee Nature Center.

Deputy County Administrator Verdenia C. Baker asked the board whether staff should wait for the visioning workshop before taking the next step in the redevelopment/revitalization assessment. The Chair said the visioning workshop should come first.

4. 10:30 A.M. - FINANCIALLY ASSISTED AGENCIES. DISCUSSED WITH DIRECTION 11-28-2000
Director of Community Services Edward L. Rich pointed out two new steps in the proposed process for financially assisted agencies (FAA) for fiscal year 2001-2002. These were board approval of the request for proposal (RFP) prepared by Community Services staff and an opportunity for applicants to submit written requests for reconsideration of their applications by the Citizens Advisory Committee (CAC) on Health and Human Services.

Commissioner Newell asked why there was no mention of being able to reassign responsibility from one agency to another. Mr. Rich said he would return to the board with information on funding allocations and percentages on service priorities. Commissioner Newell then suggested making this prioritization exercise part of the visioning workshop. Mr. Rich said he would return with information on priorities before the RFP is drafted.

(CLERK'S NOTE: Commissioner Masilotti joined the meeting.)

Commissioner Masilotti asked whether all financially assisted agencies were limited to 25 percent of their total budget for administrative costs. Mr. Rich answered that he would return with that information.

Eileen Boyle, vice-president for community services for United Way, outlined the organization's role on the CAC. She confirmed Commissioner Masilotti's supposition that organizations without paid administrators were not eligible for FAA funding. She also said that other funding sources were available for these agencies but that every agency receiving funding from United Way must have a 501(c) designation to be eligible.

Commissioner Masilotti also asked whether preferential points were assigned for administrative efficiencies and learned that they were not, though Mr. Rich said that there had been a change in policy with regard to enlisting the help of the Children's Services Council.

Commissioner Masilotti asked whether a simple brochure might be prepared that would guide agencies through the funding process. He also recommended using unemployment rates and termination of utilities for non-payment as an indication of areas in need of service.

RECESS
At 11:35 a.m., the Chair declared a recess.
RECONVENE
At 2:06 p.m., the Board reconvened with Commissioners Aaronson, Greene, McCarty, Marcus, Masilotti, and Newell present.

WORKSHOP SESSIONS
5. 2:00 P.M. - NON-NATIVE INVASIVE VEGETATION REMOVAL ISSUES 2006. DISCUSSED WITH DIRECTION 11-28-2000

Director of Environmental Resources Management Richard E. Walesky recommended several changes to the eradication of non-native invasive species, including the following:

Instead of requiring all nine of the non-native species identified as invasive to be eradicated by 2006, Mr. Walesky suggested requiring the eradication of melaleuca by that year and using a phased eradication program extending to 2015 for the remaining species.
Exempt single-family lots (except those within a buffer zone surrounding the county's natural areas), from the timeline sequence of the forthcoming ordinance.
Work with the League of Cities to regulate the ongoing sale and distribution of these species.
Develop a countywide control strategy for dealing with non-native invasive species, including a program to enlist the cooperation of the public sector (taxing districts, municipalities, and utilities).
Develop incentives for private property owners to remove non-native invasive vegetation, including elimination of the current permitting requirement for removal of these species from developed properties.
Establish programs involving private growers for native species nurseries on Agricultural Reserve land.
Establish cooperative agreements with the Florida Division of Forestry to create sources of seedlings.
Expand the program involving schools in which students are operating nurseries on the county's behalf.
Offer bulk rate removal of exotic vegetation.
Explore reduced or no-cost programs for disposal of exotic vegetation.
Provide education through the Cooperative Extension Service.
Create programs for seedling giveaways and vegetation salvage and relocation.

Conduct further research on candidate species that should be added to the eradication list.

Commissioner Marcus asked how soon the nursery programs on Agricultural Reserve land could begin and urged that they start as soon as possible.

Commissioner Newell asked whether the board could restrict the types of plants grown in nurseries on Agricultural Reserve lands owned by the county. Mr. Walesky said that it could. Commissioner Newell asked further whether this proscription could be extended to the lands under the 60-40 zoning provision. Mr. Walesky said that would require a change in law. He also recommended enlisting the cooperation of private nursery owners growing on their own land.

Commissioner Aaronson asked about the permitting done prior to 1986, which allowed the planting of species that are now marked for eradication. Mr. Walesky repeated his comment that single-family properties would be exempt, which prompted Commissioner Aaronson to remark that such an exemption discriminated against multi-family properties. The commissioner then directed Assistant County Attorney Robert P. Banks to research the legality of such a measure. Commissioner Newell pointed out that existing law distinguishes between single- and multi-family properties on wetlands clearing as well.

Commissioner Masilotti asked about the eradication of climbing fern (genus Lygodium) and whether the state would remove the plant from its rights-of-way along Interstate 95 and the Florida Turnpike. Mr. Walesky said he thought that would be the case, but Mr. Banks added that little could be done in the way of enforcement against state agencies.

On a second matter, Mr. Masilotti asked whether there might be exposure to liability on the county's part for the cost of requiring eradication of vegetation permitted prior to 1986. Mr. Banks replied that the ordinance will exempt those plants that were approved.

Commissioner McCarty recommended eradication of exotics on county-owned property as a first step and then moving outward onto private property, using incentives that would allow the county to bear the cost of removal.

Commissioner Masilotti suggested using a portion of the income stream from the properties acquired under the Save Our Farms program for the purpose of eradication and planting with native species.

County Administrator Weisman requested board approval of the eradication of melaleuca by 2006 and put off the approval of, and deadlines for, eradication of other species until a later meeting.

Commissioner Newell directed Mr. Weisman to instruct the Road and Bridge Division to eradicate non-native invasive species along rights-of-way rather than simply trim the part of the trees that overhang the road.

PUBLIC COMMENT:

Ray Waite suggested that stricter action by Code Enforcement would be useful in combating exotic species.

6. ADJOURNMENT
The Chair declared the meeting adjourned at 3:05 p.m.

ATTESTED: APPROVED:

Clerk Chair