MEETING: BOARD OF COUNTY COMMISSIONERS, REGULAR 1. … · 2018-10-23 · waste, yard trash, rubble and debris and uncultivated vegetation greater than eighteen (18) inches in height

REGULAR 1 FEBRUARY 15, 2000

MEETING: BOARD OF COUNTY COMMISSIONERS, REGULAR

1. CALL TO ORDER: February 15, 2000, at 9:35 a.m., in thePalm Beach County Governmental Center, West Palm Beach,Florida.

1.A. ROLL CALL

MEMBERS AND OFFICERS PRESENT:

Chair Maude Ford LeeVice-Chair Warren H. NewellCommissioner Burt AaronsonCommissioner Mary McCartyCommissioner Karen T. MarcusCommissioner Tony Masilotti - AbsentCommissioner Carol A. RobertsCounty Administrator Robert WeismanCounty Attorney Denise DytrychChief Deputy Clerk John W. DameDeputy Clerk Linda C. Hickman

1.B. INVOCATION - Commissioner Lee

1.C. PLEDGE OF ALLEGIANCE

2. AGENDA APPROVAL

2.A. ADDITIONS, DELETIONS, SUBSTITUTIONS

County Administrator Weisman noted the Agenda changes asfollows:

PAGE ITEM

8 3C-9 REVISED TITLE:

A) approve a Local Agency Program Application forPalm Beach County Traffic Signal Group 6(Advanced Traffic Management System (ATMS) Group1);

A) B) approve a Local Agency Program Agreementwith the Florida Department of Transportationconcerning Palm Beach County accomplishing TrafficSignal Group 6;

B) C) adopt a Resolution approving this agreement;

C) D) approve Budget Amendment of $3,050,000 inthe Transportation Improvement Fund establishinggrant revenue for the Traffic Signal System Group6 Project. (Eng)

8 3C-10 ** DELETED: (Eng) a $1,364,555.85 Contract withRanger Construction Industries, Inc., the lowestresponsive, responsible bidder, for theconstruction of Boynton Beach Boulevard andMilitary Trail Intersection Improvements. (Eng)

9 3D-2 DELETED: Staff recommends motion to direct theMinutes Department to forward the attached


Ordinance pertaining to burglar alarms to theSecretary of State for filing. (Co Atty) (Movedto Regular Agenda Item 5A-4)

2.A. - CONTINUED

PAGE ITEM

24 3BB-3 REVISED TITLE AND SUMMARY: A) Budget Amendment of$23,674 in the Sheriff’s Grants Fund; and

B) Budget Transfer of $3,946 $3,122 in the LawEnforcement Trust Fund (LETF).

SUMMARY: On September 7, 1999, the Board approvedthe re-appropriation of the Truancy InterdictionProgram (TIPS) Grant awarded by the Department ofJuvenile Justice in the amount of $55,000.However, eligible grant expenditures recognized inFY 99 were greater than anticipated, and theNotice of Grant Award was erroneously stated as$55,000 when the actual award is $50,000. As aresult, the FY 2000 budget needs to be adjusted by$23,674 to reflect these changes. The totalmodified budget for FY 2000 will be $31,326.Concurrently, the approved budget for the requiredcash match, provided by the LETF, will be adjustedby $3,946 $3,122. This is a continuation of the FY99 Truancy Interdiction Program. (Sheriff)

30 5A-4 ADD-ON: Staff recommends motion to approve onpreliminary reading and advertise for publichearing on February 29, 2000 at 2:00 p.m.: anOrdinance of the Board of County Commissioners ofPalm Beach County, Florida, Amending Chapter 16of the Palm Beach County Code, Article Iii,(Ordinance No. 99-74), Pertaining to BurglarAlarms; Amending Definition of False Alarm;Amending Alarm Permits Required; Fee; Renewal;Amending Application for Alarm Permit; EmergencyNotification; Reporting Service Information;Amending Appeals; Providing for Repeal of Laws inConflict; Providing for Severability; Providingfor Inclusion in the Code of Laws and Ordinances;and Providing for an Effective Date. SUMMARY:On December 21, 1999, the Board of CountyCommissioners held a public hearing on the BurglarAlarm Ordinance and discussed adopting theOrdinance presented with several changes. Thosechanges were:

(1) Clarified references to alarms serviced byprivate security firms;

(2) Included in the Definition of false alarms,those alarms caused by weather or poweroutages less than two hours; and

(3) Required that after the fifth false alarmthe Sheriff’s Office must provide writtennotice to the alarm user that the sixthalarm would result in a $250.00 fine andsuspension of Sheriff’s Office response forone year, however, the Sheriff shallcontinue to respond to 911 calls androbbery/panic alarms.

There is some question as to whether the changeswere incorporated into the final motion to adopt


the Ordinance. While the County Attorney’s Officebelieves the record sufficiently supports theinclusion of the amendments, out of an abundanceof caution, staff recommends that this action betaken. (Cty. Atty.)

31 5B-2 ** DELETED: Staff requests Board direction:concerning the installation of a permanent signalat Military Trail and Las Verdes. SUMMARY:Direction is requested relating to the setting ofstandards for flashers versus full trafficsignals. This item contains some issues that theBoard needs to consider and decide as to policydirection. Countywide (Eng) (Postponed to2/29/00 to allow for policy change consideration)

2.A. - CONTINUED

32 5C-2 ADD-ON: Staff recommends motion to approve anegotiated settlement offer in the amount of$32,500 for full satisfaction of a CodeEnforcement Lien that was entered against AnnePettersen on October 11, 1996. SUMMARY: The CodeEnforcement Board (CEB) entered an Order and Claimof Lien against Anne Pettersen on October 11, 1996for code violations involving accumulations ofwaste, yard trash, rubble and debris anduncultivated vegetation greater than eighteen (18)inches in height. The cited code violations werecorrected as of July 6, 1999. The accumulatedfines and interest through December 22, 1999, themonth in which settlement discussions began,totaled $121,449 ($100,800 + $20,649) of which Ms.Pettersen has agreed to pay the County $32,500(27%) for full settlement of her outstanding CodeEnforcement Lien. District 3 (KS) (OFMB)

34 5H-1 ** ADD-ON: Staff recommends motion to:

A) adopt a Resolution by the Palm Beach CountyBoard of County Commissioners of Palm BeachCounty, Florida, finding that United TechnologiesCorporation, d/b/a Pratt & Whitney, be approved asa qualified applicant pursuant to S.288.106,Florida Statutes; and providing an appropriationof up to $1,000,000 as local participation in theQualified Target Industry Tax Refund Programpursuant to the Palm Beach County Job GrowthIncentive Grant Program; and providing for aneffective date; and

B) approve the Job Growth Incentive (JGI) GrantAgreement with United Technologies Corporation,awarding $1,000,000 in available funds from theJGI Fund (Fund 014) to support the company’sLiquid Space Propulsion project in Palm BeachCounty, and to require the company to retain 800and create 200 full time or equivalent jobs inPalm Beach County.

SUMMARY: United Technologies Corporation hasfiled a Qualified Target Industry (QTI) Tax RefundProgram application with Enterprise Florida, Inc.to seek State tax refunds totaling $5,000,000.Local participation, a 20% match, is requiredunder this program. Staff recommends that thiscompany be approved as a QTI Business pursuant tos.288.106, FS, with the necessary commitment of


local financial support by the appropriation of upto $1,000,000. The Job Growth Incentive GrantAgreement with United Technologies Corporation for$1,000,000 requires the company to retain 800 andcreate 200 full time or equivalent jobs at itsPratt & Whitney facility in Palm Beach County.The term of the contract is six (6) years. Theannual average salary for the total of 1,000retained and created positions will beapproximately $59,000, which is above the $31,000average salary per annum for Palm Beach County.District 1 (HF) (Admin)

37 6B-2 ** REVISED MOTION & TITLE: Staff recommends motionto appoint and reappoint: the following CommunityRepresentatives to the Head Start Policy Councilfor a term of three (3) years effective February15, 2000:

Seat Community Category Nominated ByRepresentatives

1 Muriel Williams Former Parent Commissioner Lee2 Ethel Henry Private Agency Commissioner Lee3 W. Wayne Monroe,

Jr. Civic Organi- Commissioner Lee zation

4 William Feaman Civic Organi- Commissioner Lee zation

5 Rhonda Clinton Professional Commissioner Lee6 Steven Turner Professional Commissioner

(appoint) Masilotti

2.A. - CONTINUED

39 8F ** DELETED : Proclamation declaring Saturday, June10, 2000 as “Portugal Day 2000" in Palm BeachCounty. (Moved to March 7, 2000 for presentation)

39 8G ADD-ON : Proclamation declaring the month ofFebruary as “Black History Month” and February 14-20, 2000 as “Tuskegee Airmen Week” in Palm BeachCounty. (Commissioner Lee)

NOTE : Items that were revised, added, deleted, or backup submitted andwere not listed on the preliminary addition/deletion sheet distributed tothe Board the prior day are noted with an asterisk (*).

2.B. ADOPTION

MOTION to adopt the Agenda as amended. Motion byCommissioner Marcus, seconded by Commissioner Roberts, andcarried 6-0. Commissioner Masilotti absent.

3. CONSENT AGENDA - See Pages 4-20.

4. PUBLIC HEARINGS - See Pages 21-37.

5. REGULAR AGENDA - See Pages 37-52.

6. BOARD APPOINTMENTS - See Pages 52-53.

7. STAFF COMMENTS - See Page 54.

8. COMMISSIONER COMMENTS - See Pages 54-56.

9. ADJOURNMENT - See Page 56.


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

INFORMATION: Item 3.A.1. was pulled from the Consent Agenda forindividual discussion at the request of Commissioner Newell.For discussion of that item, see Page 53.

3.A. ADMINISTRATION

3.A.1. See Page 53.

3.A.2.

RECEIVE AND FILE GADSDEN COUNTY RESOLUTION 00-003 OPPOSINGTHE INITIATIVE PETITION TO PLACE THE ANTI-AFFIRMATIVE ACTIONQUESTION ON THE STATEWIDE BALLOT. APPROVED 2-15-2000

3.A.3. DOCUMENT R-2000-0187

RECEIVE AND FILE FULLY EXECUTED STANDARD AGREEMENT WITHMURRAY LOGAN CONSTRUCTION, INC., FOR $41,520 FORCONSTRUCTION OF A 12-INCH AERIAL CANAL CROSSING FOR THE E-3CANAL AT BOYNTON GARDENS. APPROVED 2-15-2000

CONSENT AGENDA - CONTINUED

3.A.4.

a. DOCUMENT R-2000-0188

RECEIVE AND FILE EXECUTED STANDARD DEVELOPERS AGREEMENT01-01023-000 WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICTFOR POTABLE WATER AND WASTEWATER DEVELOPMENT. APPROVED 2-15-2000

b. DOCUMENT R-2000-0189

RECEIVE AND FILE EXECUTED STANDARD DEVELOPERS AGREEMENT01-01025-000 WITH GARDENETTE ROYAL PROPERTIES, INC., ANDGARDENETTE HOLDINGS, INC., FOR POTABLE WATER AND WASTEWATERDEVELOPMENT. APPROVED 2-15-2000

c. DOCUMENT R-2000-0190

RECEIVE AND FILE EXECUTED STANDARD DEVELOPERS AGREEMENT02-01013-000 WITH ROBERT BURGER, TRUSTEE, FOR POTABLE WATERAND WASTEWATER DEVELOPMENT. APPROVED 2-15-2000


d. DOCUMENT R-2000-0191

RECEIVE AND FILE EXECUTED STANDARD DEVELOPERS AGREEMENT09-01006-000 WITH FLORIDA BAHAMAS SERVICE CORPORATION FORPOTABLE WATER AND WASTEWATER DEVELOPMENT. APPROVED 2-15-2000

3.A.5.

RECEIVE AND FILE VILLAGE OF ROYAL PALM BEACH RESOLUTION 00-05 RENEWING ITS SUPPORT OF THE COUNTY’S PROPOSED ACREAGERELIEVER THAT IS AN EXTENSION OF STATE ROAD 7 FROMOKEECHOBEE BOULEVARD TO NORTHLAKE BOULEVARD. APPROVED 2-15-2000

3.B. CLERK

3.B.1.

WARRANT LIST DATED FEBRUARY 14, 2000. APPROVED 2-15-2000

COMPUTER CHECKS $14,431,753.95WIRE TRANSFERS 12,316,888.91MANUAL CHECKS 151,910.72TRUSTEE DISBURSEMENTS 0.00

$26,900,553.58

3.B.2.

MINUTES - None


3.B.3.

CONTRACTS ON THE CONTRACT LIST EXECUTED BY THE PURCHASINGDIRECTOR OR RISK MANAGEMENT DIRECTOR:

a.

RENEWAL OF TERM CONTRACT WITH RITZ SAFETY EQUIPMENT, INC.,FOR THE PURCHASE OF SAFETY FOOTWEAR ON AN AS-NEEDED BASISFROM APRIL 1, 2000, THROUGH MARCH 31, 2001, FOR $100,000.APPROVED 2-15-2000



PURCHASE FROM KNIGHT ELECTRIC COMPANY, INC., FORINSTALLATION OF A FIRE ALARM SYSTEM FOR THE COUNTY STOCKADEFOR $188,690.50. APPROVED 2-15-2000


PURCHASE FROM GILLIG CORPORATION 34 40 FEET X 102 FEET AND20 35 FEET X 102 FEET LOW FLOOR GILLIG TRANSIT BUSES FROMHILLSBOROUGH AREA REGIONAL TRANSIT FOR $13,504,640.74.APPROVED 2-15-2000

d. DOCUMENT R-2000-0194

EXCHANGE WITH FLORIDA DETROIT DIESEL-ALLISON OF 14 DETROITDIESEL REMANUFACTURED ENGINES FROM HILLSBOROUGH AREAREGIONAL TRANSIT FOR $173,628. APPROVED 2-15-2000

e. DOCUMENT R-2000-0195

PURCHASE FROM NETVANTAGE, INC., OF A RECOGNITION-BASEDREMITTANCE PROCESSING SYSTEM FOR THE WATER UTILITIESDEPARTMENT FOR $170,786.28. APPROVED 2-15-2000

f.

WORKER’S COMPENSATION CLAIM FOR JESUS MARENCO FOR $115,950FOR CERVICAL SPONDYLOSIS, DEGENERATIVE DISC DISEASE OFCERVICAL SPINE, POST-SURGICAL LEFT ROTATOR CUFF TENDON TEAR,AND BILATERAL CARPAL TUNNEL SYNDROME. APPROVED 2-15-2000

3.C. ENGINEERING AND PUBLIC WORKS

3.C.1.

a.

ACCEPT A WARRANTY DEED FROM MALCOLM DUBOIS FOR PARCEL 4LOCATED IN WESTGATE ESTATES NEEDED FOR CONSTRUCTION OF AWATER RETENTION AREA TO ALLEVIATE FLOODING IN THENEIGHBORHOOD. APPROVED 2-15-2000

b.

PAYMENT OF $52,500 TO MALCOLM DUBOIS FOR PARCEL 4 LOCATEDWESTGATE ESTATES NEEDED FOR CONSTRUCTION OF A WATERRETENTION AREA TO ALLEVIATE FLOODING IN THE NEIGHBORHOOD.APPROVED 2-15-2000


3.C.2.


a.

ACCEPT A WARRANTY DEED FROM PHYLLIS H. GRICE FOR PARCEL 29LOCATED IN WESTGATE ESTATES NEEDED FOR CONSTRUCTION OF AWATER RETENTION AREA TO ALLEVIATE FLOODING IN THENEIGHBORHOOD. APPROVED 2-15-2000

b.

PAYMENT OF $17,000 TO PHYLLIS H. GRICE FOR PARCEL 29 LOCATEDWESTGATE ESTATES NEEDED FOR CONSTRUCTION OF A WATERRETENTION AREA TO ALLEVIATE FLOODING IN THE NEIGHBORHOOD.APPROVED 2-15-2000

3.C.3.

a.

APPRAISAL AND ACQUISITION OF TWO RIGHT-OF-WAY PARCELS INORDER TO PROCEED WITH THE COUNTRY OAK LANE FROM PROSPERITYFARMS ROAD EAST TO THE DEAD END MUNICIPAL SERVICE TAXINGUNIT STREET IMPROVEMENT PROJECT. APPROVED 2-15-2000

b. BUDGET TRANSFER 2000-0410

BUDGET TRANSFER IN THE MUNICIPAL SERVICE TAXING UNITDISTRICT F FUND FOR $10,000 FROM RESERVES TO THE COUNTRY OAKLANE FROM PROSPERITY FARMS ROAD EAST TO THE DEAD ENDPROJECT. APPROVED 2-15-2000

3.C.4. BUDGET AMENDMENT 2000-0409

BUDGET AMENDMENT IN THE ROAD IMPACT FEE AREA J FUND FOR$64,237, RECOGNIZING ROAD IMPACT FEE REVENUE FROM ADEVELOPER FOR THE LAKE IDA ROAD FROM MILITARY TRAIL TOCONGRESS AVENUE PROJECT. APPROVED 2-15-2000

3.C.5. DELETED

3.C.6. BUDGET TRANSFER 2000-0429

BUDGET TRANSFER IN THE ROAD IMPACT FEE AREA I FUND FOR$24,000 FROM RESERVES TO THE JOG ROAD FROM HYPOLUXO ROAD TOMELALEUCA LANE PROJECT. APPROVED 2-15-2000

3.C.7. DELETED

3.C.8.

a. RESOLUTION R-2000-0196

RESOLUTION AUTHORIZING AMENDMENT 2 TO THE JOINTPARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT OFTRANSPORTATION TO INCREASE FUNDING FOR PERSONNEL (REGISTEREDCIVIL ENGINEER) BY $100,000 PER YEAR FOR THE URBAN TRAFFICCONTROL SYSTEM. (AMENDS R-95-193) ADOPTED 2-15-2000



3.C.8. - CONTINUED

b.

ADDITIONAL REGISTERED CIVIL ENGINEER POSITION IN THE TRAFFICDIVISION TO BE FUNDED BY AMENDMENT 2 TO THE JOINTPARTICIPATION AGREEMENT FOR THE URBAN TRAFFIC CONTROLSYSTEM. (SEE R-2000-0196) APPROVED 2-15-2000

c. BUDGET AMENDMENT 2000-0412

BUDGET AMENDMENT IN THE TRANSPORTATION TRUST FUND FOR$100,000 TO INCREASE FUNDING FOR THE URBAN TRAFFIC CONTROLSYSTEM FOR PERSONNEL (REGISTERED CIVIL ENGINEER). (SEE R-2000-0196) APPROVED 2-15-2000

3.C.9.


RESOLUTION AUTHORIZING A LOCAL AGENCY PROGRAM AGREEMENT WITHFLORIDA DEPARTMENT OF TRANSPORTATION TO ALLOW THE COUNTY TOACCOMPLISH TRAFFIC SIGNAL SYSTEM GROUP 6 USING STATE ANDFEDERAL FUNDING. ADOPTED 2-15-2000

b. BUDGET AMENDMENT 2000-0428

BUDGET AMENDMENT IN THE TRANSPORTATION IMPROVEMENT FUND FOR$3.05 MILLION, ESTABLISHING GRANT REVENUE FOR THE TRAFFICSIGNAL SYSTEM GROUP 6 PROJECT. (SEE R-2000-0197) APPROVED2-15-2000

3.C.10. DELETED

3.C.11. RESOLUTION R-2000-0198

RESOLUTION AUTHORIZING A MAINTENANCE AGREEMENT WITH FLORIDADEPARTMENT OF TRANSPORTATION FOR THE COUNTY TO PROVIDEMOWING-TYPE MAINTENANCE OF BOYNTON BEACH BOULEVARD (STATEROAD 804) FROM WEST OF THE FLORIDA TURNPIKE TO THE BOYNTONBEACH CITY LIMITS (IN THE VICINITY OF KNUTH ROAD). THECOUNTY WILL BE PARTIALLY REIMBURSED $7,480.28 PER YEAR BYTHE STATE. ADOPTED 2-15-2000

3.D. COUNTY ATTORNEY

3.D.1. RESOLUTION R-2000-0199

RESOLUTION DECLARING THE COUNTY’S OFFICIAL INTENT TO SEEKREIMBURSEMENT FOR CERTAIN CAPITAL EXPENDITURES MADE BY ANDTO BE MADE BY GALAXY AVIATION OF PALM BEACH, INC., WITHRESPECT TO THE ACQUISITION, CONSTRUCTION, AND EQUIPPING OF


CERTAIN AIRPORT FACILITIES TO BE FINANCED IN WHOLE OR INPART BY THE ISSUANCE OF COUNTY AIRPORT REVENUE BONDS. THEBONDS WILL BE PAYABLE SOLELY FROM REVENUES DERIVED FROM THEPROJECT, AND NEITHER THE TAXING POWER NOR THE FAITH ANDCREDIT OF THE COUNTY NOR ANY COUNTY FUNDS ARE PLEDGED TO PAYTHE BONDS. ADOPTED 2-15-2000

3.D.2. DELETED AND MOVED TO THE REGULAR AGENDA, ITEM 5.A.4.See Pages 33-34.


3.D.3. RESOLUTION R-2000-0200

RESOLUTION SUPPORTING PROTECTION OF THE PUBLIC’S WATERRESOURCES AND OPPOSING THE PRIVATIZATION OF RIGHTS TO THEPUBLIC’S WATER SUPPLY. ADOPTED 2-15-2000

3.E. COMMUNITY SERVICES

3.E.1. DOCUMENT R-2000-0201

AMENDMENT 3 TO CONTRACT IC-901-1 WITH THE AREA AGENCY ONAGING OF PALM BEACH/TREASURE COAST, INC., FOR THE 1999/2000COMMUNITY CARE FOR THE ELDERLY (CCE) GRANT TO REDUCE THEGRANT BY $100,000. THE DIVISION OF SENIOR SERVICES ISTRANSFERRING FUNDS FROM THE CCE PROGRAM TO THE MEDICAIDWAIVER PROGRAM IN ORDER TO RECEIVE A FEDERAL MATCH AT THERATIO OF 44.2 PERCENT STATE GENERAL REVENUE AND 55.8 PERCENTFEDERAL FUNDS. THIS $100,000 TRANSFER WILL GENERATE$126,244 IN ADDITIONAL FUNDING TO EXPAND THE IN-HOME SERVICETO SENIORS AT RISK OF NURSING HOME PLACEMENT. (AMENDS R-99-1090-D) APPROVED 2-15-2000

3.E.2. DOCUMENT R-2000-0202

AMENDMENT 1 TO THE CONTRACT WITH ALEXANDER MENENDEZ, DDS,REVISING THE FEE SCHEDULE FOR DENTAL EXAMINATIONS ANDTREATMENT SERVICES TO NON-MEDICAID, UNINSURED HEAD STARTCHILDREN FROM OCTOBER 19, 1999, THROUGH SEPTEMBER 30, 2000,BASED ON CURRENT MEDICAID RATES. (AMENDS R-99-2001-D)APPROVED 2-15-2000

3.E.3. DOCUMENT R-2000-0203

CONTRACT WITH WILLIAM MATHURIN, DDS, TO PROVIDE DENTALSERVICES TO NON-MEDICAID, UNINSURED HEAD START CHILDREN INAN AMOUNT NOT TO EXCEED $9,000 FROM FEBRUARY 15, 2000,THROUGH SEPTEMBER 30, 2000, BASED ON CURRENT MEDICAID RATES.APPROVED 2-15-2000

3.E.4. DOCUMENT R-2000-0204

AMENDMENT 1 TO THE DELEGATE AGENCY AGREEMENT WITH FLORENCEFULLER CHILD DEVELOPMENT CENTER, INC., TO INCREASE THEAGREEMENT BY $134,266 FROM OCTOBER 1, 1999, THROUGH


SEPTEMBER 30, 2000, TO PROVIDE HEAD START SERVICES TO 30ADDITIONAL CHILDREN FOR A TOTAL ENROLLMENT OF 146 CHILDREN.(AMENDS R-99-1745-D) APPROVED 2-15-2000

3.E.5.

DONATION OF THE MEDMOBILE, A 1995 GMC FLAT BODY TRUCK, TOGLADES COMMUNITY DEVELOPMENT CORPORATION TO PROVIDE OUTREACHAND MOBILE CLINIC SERVICES IN THE WESTERN PART OF THECOUNTY, PRIMARILY TO THE MIGRANT POPULATION. APPROVED 2-15-2000

3.E.6. DOCUMENT R-2000-0205

NON-FINANCIAL COLLABORATIVE AGREEMENT WITH ST. MARY’SHOSPITAL CHILD DEVELOPMENT CENTER FROM FEBRUARY 15, 2000,THROUGH AUGUST 31, 2000, TO ASSIST IN PROVIDING MEDICAL,PHYSICAL, PSYCHOLOGICAL, SOCIAL, AND EDUCATION EVALUATIONSTO EARLY HEAD START CHILDREN WHO ARE SUSPECTED OF HAVING ADISABILITY. IN ADDITION, THE CENTER WILL ASSIST IN MAKINGRECOMMENDATIONS FOR PLACEMENT IN EARLY INTERVENTION PROGRAMSBASED ON THE EVALUATION OUTCOMES. APPROVED 2-15-2000


3.E.7. DOCUMENT R-2000-0206

MEDICAID WAIVER REFERRAL AGREEMENT WITH THE AREA AGENCY ONAGING OF PALM BEACH/TREASURE COAST, INC., AND PALM BEACHASSISTED LIVING FACILITY, INC., TO PROVIDE ROOM, BOARD, ANDPERSONAL CARE SERVICES TO THE ELDERLY. THE VENDOR WILL BILLMEDICAID DIRECTLY. APPROVED 2-15-2000

3.E.8. DOCUMENT R-2000-0207

AUTHORIZATION FROM THE AREA AGENCY ON AGING OF PALMBEACH/TREASURE COAST, INC., TO INCREASE THE SUBSIDY SPENDINGAUTHORITY FOR HOME CARE FOR THE ELDERLY BY $18,769, AND TOREDUCE CONTRACT IH-901-1 BY $18,769 FROM JULY 1, 1999,THROUGH JUNE 30, 2000. (AMENDS R-99-1091-D) APPROVED2-15-2000

3.F. AIRPORTS

3.F.1.


AMENDMENT 1 TO THE CONCESSION AGREEMENT WITH BELLSOUTHTELECOMMUNICATIONS, INC., TO PROVIDE AND MAINTAIN PAYTELEPHONES AT PALM BEACH INTERNATIONAL AIRPORT. THEAMENDMENT EXTENDS THE AGREEMENT FOR FOUR MONTHS TO MAY 31,2000, AND ELIMINATES THE MINIMUM GUARANTEE PAYMENT WHILEMAINTAINING THE PERCENTAGE OF GROSS REVENUES PAYMENT OF 43PERCENT. (AMENDS R-97-129-D) APPROVED 2-15-2000



AMENDMENT 1 TO THE CONTRACT WITH AT&T COMMUNICATIONS, INC.,FOR 0+ LONG-DISTANCE SERVICE FOR PAY TELEPHONES AT PALMBEACH INTERNATIONAL AIRPORT. THE AMENDMENT EXTENDS THECONTRACT FOR FOUR MONTHS TO MAY 31, 2000, AND ELIMINATES THEMINIMUM GUARANTEE PAYMENT WHILE MAINTAINING THE PERCENTAGEOF GROSS REVENUES PAYMENT OF 26 PERCENT. (AMENDS R-97-88-D)APPROVED 2-15-2000

3.G. OFFICE OF FINANCIAL MANAGEMENT AND BUDGET

3.G.1.

DONATION OF SURPLUS 1995 FORD ELDORADO ELF-T BUS, WITH ANESTIMATED VALUE OF $5,000 TO $12,000, TO THE PALM BEACHMARITIME ACADEMY, A CHARTER SCHOOL SPONSORED BY THE SCHOOLDISTRICT. APPROVED 2-15-2000

3.H. FACILITIES DEVELOPMENT AND OPERATIONS

3.H.1. DOCUMENT R-2000-0210

AMENDMENT 2 TO THE AGREEMENT WITH H. A. CONTRACTINGCORPORATION TO IMPLEMENT THE SECOND RENEWAL OF JOB ORDERCONTRACT-CENTRAL FOR THE CONTRACTOR TO CONTINUE TO PERFORMAS AN ANNUAL GENERAL CONTRACTOR FOR IMPLEMENTATION OFMAINTENANCE AND CAPITAL PROJECTS. THIS RENEWAL HAS AMAXIMUM VALUE OF $1 MILLION. (AMENDS R-98-1207-D) APPROVED2-15-2000


3.H.2. DOCUMENT R-2000-0211

AMENDMENT 1 TO THE AGREEMENT WITH S&F CONSTRUCTION, INC., TOIMPLEMENT THE FIRST RENEWAL AN ANNUAL PAVILIONS AND SHELTERSCONTRACT WITH A MAXIMUM VALUE OF $700,000. (AMENDSR-99-352-D) APPROVED 2-15-2000

3.H.3. DOCUMENT R-2000-0212

WORK ORDER 2000-001 WITH S&F CONSTRUCTION, INC., FOR$149,957.75 FOR CONSTRUCTION OF A 40-FOOT X 76-FOOT PAVILIONAND ASSOCIATED ITEMS AT MORIKAMI PARK. (AMENDS R-99-352-D)APPROVED 2-15-2000

3.H.4. DOCUMENT R-2000-0213

INTERLOCAL AGREEMENT WITH THE VILLAGE OF ROYAL PALM BEACH TODELINEATE FUNDING AND OTHER RESPONSIBILITIES FOR A BERMRESTORATION PROJECT AT THE FOX PROPERTY. THE VILLAGE ISREQUIRED TO REPAY THE COUNTY AT LEAST $69,323.25, WHICH ISTHE VILLAGE’S PORTION OF THE EXPENSES. THE VILLAGE WILLSEEK FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)


REIMBURSEMENT FOR THE ACTUAL PROJECT COST OF $110,972.75.IF THE VILLAGE RECEIVES FEMA REIMBURSEMENT FOR THE COUNTY’SSHARE, THAT TOO IS REQUIRED TO BE PASSED ON TO THE COUNTY.THEREFORE, THE MAXIMUM COUNTY EXPOSURE IS $41,649. APPROVED2-15-2000

3.H.5. DOCUMENT R-2000-0214

UTILITY EASEMENT IN FAVOR OF FLORIDA POWER & LIGHT COMPANYFOR ELECTRICAL SERVICE TO THE COUNTY’S MAYME A. FREDERICKSERVICE CENTER. THE EASEMENT IS GRANTED AT NO CHARGE.APPROVED 2-15-2000

3.H.6.


RESOLUTION AUTHORIZING CONVEYANCE OF THE COUNTY’S INTERESTIN 0.60 ACRE OF IMPROVED LAND CONTIGUOUS WITH THE GREENACRESELEMENTARY SCHOOL GROUNDS TO THE SCHOOL BOARD. ADOPTED2-15-2000

b.

COUNTY DEED CONVEYING THE COUNTY’S INTEREST IN 0.60 ACRES OFIMPROVED LAND CONTIGUOUS WITH THE GREENACRES ELEMENTARYSCHOOL GROUNDS TO THE SCHOOL BOARD, WITHOUT CHARGE. (SEE R-2000-0215) APPROVED 2-15-2000

3.H.7. DOCUMENT R-2000-0216

UTILITY EASEMENT IN FAVOR OF FLORIDA POWER & LIGHT COMPANYFOR THE INSTALLATION OF UNDERGROUND ELECTRIC POWER SERVICEAS PART OF THE DEVELOPMENT OF THE NEW AQUATICS FACILITY ATSOUTH COUNTY REGIONAL PARK. THE EASEMENT IS GRANTED AT NOCHARGE. APPROVED 2-15-2000

3.H.8. DOCUMENT R-2000-0217

DECLARATION OF EASEMENT FOR A WATER MAIN DISTRIBUTION SYSTEMAT THE SOUTH COUNTY REGIONAL PARK AQUATICS FACILITY TOPROVIDE PUBLIC NOTICE OF THE EXISTENCE OF THE UNDERGROUNDWATER MAIN. APPROVED 2-15-2000


3.H.9.


AGREEMENT TO SELL A 13,824-SQUARE-FOOT VACANT PARCEL OF LANDLOCATED JUST SOUTH OF OKEECHOBEE BOULEVARD ON THE WEST SIDEOF JOG ROAD TO JOG STORAGE ASSOCIATES, LLC, FOR $19,000.APPROVED 2-15-2000

b.

COUNTY DEED CONVEYING A 13,824-SQUARE-FOOT VACANT PARCEL OF


LAND LOCATED JUST SOUTH OF OKEECHOBEE BOULEVARD ON THE WESTSIDE OF JOG ROAD TO JOG STORAGE ASSOCIATES, LLC. APPROVED2-15-2000

3.H.10. BUDGET AMENDMENT 2000-0474

BUDGET AMENDMENT IN THE VARIOUS FACILITIES - CONSTITUTIONALOFFICERS FUND FOR $100,000 TO ESTABLISH BUDGET FOR SHERIFFFUNDED MISCELLANEOUS CAPITAL PROJECTS THROUGH THE REMAINDEROF FISCAL YEAR 2000. APPROVED 2-15-2000

3.I. HOUSING AND COMMUNITY DEVELOPMENT

3.I.1. DOCUMENT R-2000-0219

AGREEMENT WITH THE CITY OF RIVERA BEACH FOR STREETIMPROVEMENTS ON 33RD STREET BETWEEN OLD DIXIE HIGHWAY ANDAVENUE O FOR $189,750 IN FEDERAL COMMUNITY DEVELOPMENT BLOCKGRANT FUNDS FROM FEBRUARY 15, 2000, THROUGH SEPTEMBER 30,2000. NO LOCAL MATCHING FUNDS ARE REQUIRED. APPROVED2-15-2000

3.I.2. DOCUMENT R-2000-0220

AMENDMENT 1 TO THE AGREEMENT WITH VETSVILLE CEASE FIREHOUSE, INC., FOR $30,585 IN FUNDS UNDER A REFUNDINGAGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBANDEVELOPMENT TO EXTEND THE EXPIRATION DATE FROM NOVEMBER 30,1999, TO MAY 31, 2000, AND TO AMEND THE BUDGET. THEAMENDMENT WILL ENABLE THE AGENCY TO REPAIR OR REPLACE THEROOFS AT ITS THREE SHELTERS FOR HOMELESS VETERANS. THEAGREEMENT UTILIZES RECAPTURED BOND SAVINGS, AND THE REQUIREDMATCH WILL BE MET BY AN IN-KIND CONTRIBUTION FROM THEAGENCY. NO COUNTY MATCHING FUNDS ARE REQUIRED. (AMENDS R-99-822-D) APPROVED 2-15-2000

3.I.3. DOCUMENT R-2000-0221

AMENDMENT 2 TO THE AGREEMENT WITH SPELLMAN HOLDINGSCORPORATION, AND SPELLARO, INC., TO EXTEND THE EXPIRATIONDATE FROM DECEMBER 31, 1999, TO APRIL 30, 2000, FOR THEEXPENDITURE OF $100,000 IN FEDERAL COMMUNITY DEVELOPMENTBLOCK GRANT FUNDS TO BE USED FOR PROPERTY IMPROVEMENTS TOINCLUDE SITE IMPROVEMENTS, INTERIOR/EXTERIOR RENOVATIONS,AND FACADE IMPROVEMENTS, WHICH WILL RESULT IN THE UPGRADE OFPROPERTY TO BE OPERATED AS A RESTAURANT. NO COUNTY MATCHINGFUNDS ARE REQUIRED. (AMENDS R-98-2090-D) APPROVED2-15-2000



3.I.4. DOCUMENT R-2000-0222

AMENDMENT 2 TO THE AGREEMENT WITH U OF P, INC., DBA PALMBEACH POTTERY & SILKS, AND PALM BEACH LIMITED PARTNERS.LTD., TO EXTEND THE EXPIRATION DATE FROM DECEMBER 31, 1999,TO APRIL 30, 2000, FOR THE EXPENDITURE OF $140,000 INFEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO BE USEDFOR SITE IMPROVEMENTS AND FACADE RENOVATION TO A BUILDINGPREVIOUSLY USES AS A SUPERMARKET. NO COUNTY MATCHING FUNDSARE REQUIRED. (AMENDS R-98-1005-D) APPROVED 2-15-2000

3.I.5. DOCUMENT R-2000-0223

SATISFACTION OF ENCUMBRANCE FOR EDWARD SCHEJNA OF BOCA RATONFOR $8,604.70 FORGIVEN LOAN ACCORDING TO THE TERMS ANDCONDITIONS OF THE RESIDENTIAL CONSTRUCTION MITIGATIONPROGRAM. STATE FUNDS WERE UTILIZED TO EFFECTRETROFIT/REHABILITATION TO THE PROPERTY OWNER’S HOME TORENDER IT LESS VULNERABLE TO WIND-RELATED DAMAGE FROMHURRICANES. NO COUNTY FUNDS ARE REQUIRED. APPROVED2-15-2000

3.I.6.

RECEIVE AND FILE A SUMMARY OF DELEGATED FUNDING AWARDS MADETO PROPERTY OWNERS FOR REHABILITATION PROJECTS APPROVED FROMOCTOBER 1, 1999, THROUGH DECEMBER 31, 1999. APPROVED2-15-2000

3.I.7. DOCUMENT R-2000-0224

PARTIAL RELEASE OF DECLARATION OF RESTRICTIONS ON PROPERTYLOCATED AT 612 54TH STREET, 618 54TH STREET, AND 624 53RDSTREET, WEST PALM BEACH. WEST PALM BEACH HOUSINGDEVELOPMENT, INC., OWNER OF THE PROPERTIES, SUBMITTED$2,971.26 TO THE COUNTY, WHICH REPRESENTED FULL SATISFACTIONOF THE CONDITIONS IMPOSED UPON THE PROPERTIES. (AMENDS R-93-541-D) APPROVED 2-15-2000

3.J. PLANNING, ZONING AND BUILDING

3.J.1.


RESOLUTION GRANTING A TAX EXEMPTION FOR THE HISTORICPROPERTY LOCATED AT 238 SOUTHEAST 7TH AVENUE, DELRAY BEACH,WHICH IS OWNED BY DANIEL DIETRICH, AND INCLUDES ARESTRICTIVE COVENANT REQUIRING THE QUALIFYING IMPROVEMENTSTO BE MAINTAINED DURING THE PERIOD THAT THE TAX EXEMPTION ISGRANTED. ADOPTED 2-15-2000

b. RESOLUTION R-2000-0226

RESOLUTION GRANTING A TAX EXEMPTION FOR THE HISTORICPROPERTY LOCATED AT 1109 SEASPRAY AVENUE, DELRAY BEACH,WHICH IS OWNED BY CARL S. AND PATRICIA O. HAYES, ANDINCLUDES A RESTRICTIVE COVENANT REQUIRING THE QUALIFYING


IMPROVEMENTS TO BE MAINTAINED DURING THE PERIOD THAT THE TAXEXEMPTION IS GRANTED. ADOPTED 2-15-2000


3.J.1. - CONTINUED

c. RESOLUTION R-2000-0227

RESOLUTION GRANTING A TAX EXEMPTION FOR THE HISTORICPROPERTY LOCATED AT 145 NORTHEAST 6TH AVENUE, DELRAY BEACH,WHICH IS OWNED BY OCIE L. TURNER ESTATE (C. W. TURNER), ANDINCLUDES A RESTRICTIVE COVENANT REQUIRING THE QUALIFYINGIMPROVEMENTS TO BE MAINTAINED DURING THE PERIOD THAT THE TAXEXEMPTION IS GRANTED. ADOPTED 2-15-2000

3.J.2. RESOLUTION R-2000-0228

RESOLUTION GRANTING A TAX EXEMPTION FOR THE HISTORICPROPERTY LOCATED AT 216 PENDLETON AVENUE, PALM BEACH, WHICHIS OWNED BY PAUL B. DICKEY, JR., AND INCLUDES A RESTRICTIVECOVENANT REQUIRING THE QUALIFYING IMPROVEMENTS TO BEMAINTAINED DURING THE PERIOD THAT THE TAX EXEMPTION ISGRANTED. ADOPTED 2-15-2000

3.K. WATER UTILITIES

3.K.1. DOCUMENT R-2000-0229

CONTRACT WITH LINE-TEC, INC., FOR CONSTRUCTION OF THE CANALDRIVE AND THIRD ROAD WATER MAIN EXTENSION IMPROVEMENTPROJECT FOR $189,853. (SEE R-2000-0088) APPROVED 2-15-2000

3.L. ENVIRONMENTAL RESOURCES MANAGEMENT

3.L.1.


AMENDMENT 1 TO REIMBURSABLE GRANT AGREEMENT SP505 WITHFLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO INCREASEFUNDING BY $1.5 MILLION AND EXTEND THE TERM OF THE GRANT BYTWO YEARS TO MARCH 1, 2004, TO CONTINUE THE LAKE WORTHLAGOON PARTNERSHIP GRANT PROGRAM. (AMENDS R-99-388-D)APPROVED 2-15-2000

b.

(1) DOCUMENT R-2000-0231

INTERLOCAL AGREEMENT WITH THE CITY OF BOYNTON BEACH FOR$250,000 FOR PARTICIPATION IN THE LAKE WORTH LAGOONPARTNERSHIP GRANT PROGRAM FOR 18 MONTHS BEGINNING WITH THE


DATE OF EXECUTION OF THE AGREEMENT, WITH AN OPTIONALSIX-MONTH EXTENSION. APPROVED 2-15-2000

(2) DOCUMENT R-2000-0232

INTERLOCAL AGREEMENT WITH THE TOWN OF HYPOLUXO FOR $450,000FOR PARTICIPATION IN THE LAKE WORTH LAGOON PARTNERSHIP GRANTPROGRAM FOR 18 MONTHS BEGINNING WITH THE DATE OF EXECUTIONOF THE AGREEMENT, WITH AN OPTIONAL SIX-MONTH EXTENSION.APPROVED 2-15-2000


3.L.1. - CONTINUED

(3) DOCUMENT R-2000-0233

INTERLOCAL AGREEMENT WITH THE TOWN OF LAKE PARK FOR $73,000FOR PARTICIPATION IN THE LAKE WORTH LAGOON PARTNERSHIP GRANTPROGRAM FOR 18 MONTHS BEGINNING WITH THE DATE OF EXECUTIONOF THE AGREEMENT, WITH AN OPTIONAL SIX-MONTH EXTENSION.APPROVED 2-15-2000

(4) DOCUMENT R-2000-0234

INTERLOCAL AGREEMENT WITH THE TOWN OF PALM BEACH FOR$200,000 FOR PARTICIPATION IN THE LAKE WORTH LAGOONPARTNERSHIP GRANT PROGRAM FOR 18 MONTHS BEGINNING WITH THEDATE OF EXECUTION OF THE AGREEMENT, WITH AN OPTIONAL SIX-MONTH EXTENSION. APPROVED 2-15-2000

(5) DOCUMENT R-2000-0235

INTERLOCAL AGREEMENT WITH THE CITY OF RIVIERA BEACH FOR$100,000 FOR PARTICIPATION IN THE LAKE WORTH LAGOONPARTNERSHIP GRANT PROGRAM FOR 18 MONTHS BEGINNING WITH THEDATE OF EXECUTION OF THE AGREEMENT, WITH AN OPTIONALSIX-MONTH EXTENSION. APPROVED 2-15-2000

(6) DOCUMENT R-2000-0236

INTERLOCAL AGREEMENT WITH THE CITY OF WEST PALM BEACH FOR$200,000 FOR PARTICIPATION IN THE LAKE WORTH LAGOONPARTNERSHIP GRANT PROGRAM FOR 18 MONTHS BEGINNING WITH THEDATE OF EXECUTION OF THE AGREEMENT, WITH AN OPTIONALSIX-MONTH EXTENSION. APPROVED 2-15-2000

c.

AUTHORIZE THE COUNTY ADMINISTRATOR OR HIS DESIGNEE TO SIGNALL FUTURE TIME EXTENSIONS, TASK ASSIGNMENTS,


CERTIFICATIONS, AND OTHER FORMS ASSOCIATED WITH THISAGREEMENT, AND NECESSARY MINOR AMENDMENTS THAT DO NOT CHANGETHE SCOPE OF WORK OR TERMS AND CONDITIONS OF THE AGREEMENT.(SEE R-2000-0230) APPROVED 2-15-2000

d. BUDGET AMENDMENT 2000-0414

BUDGET AMENDMENT IN THE LAKE WORTH LAGOON PARTNERSHIP FUNDFOR $1.5 MILLION TO ESTABLISH SEPARATE BUDGET ORGANIZATIONSTO ACCOUNT FOR THE COLLECTION AND EXPENDITURE OF THE FUNDS.(SEE R-2000-0230) APPROVED 2-15-2000

3.M. PARKS AND RECREATION

3.M.1. BUDGET AMENDMENT 2000-0423

BUDGET AMENDMENT IN THE PARK IMPROVEMENT FUND FOR $180,000TO ESTABLISH A TRANSFER FROM THE $25 MILLION GENERALOBLIGATION RECREATION/CULTURAL 1999 COMMUNITIES TRUST FUNDBOND. IT IS NEEDED TO ESTABLISH THE NECESSARY REVENUE ANDEXPENDITURE BUDGET LINE ITEMS TO PROPERLY ACCOUNT FOR THETRANSFER. THE TRANSFER WILL REIMBURSE THE PARK IMPROVEMENTFUND RESERVE FOR FUNDING USED TO ESTABLISH APPROVED BONDPROJECTS PRIOR TO THE RECEIPT OF THE BOND PROCEEDS.APPROVED 2-15-2000


3.M.2. BUDGET TRANSFER 2000-0422

BUDGET TRANSFER IN THE PARK IMPROVEMENT FUND FOR $50,000FROM RESERVES FOR NEW PROJECTS TO JUNO BEACH PARK FOR ANADDITIONAL LIFEGUARD TOWER TO EXPAND THE GUARDED BEACH AREAAND ADDITIONAL DUNE WALKOVERS TO INCREASE ACCESS TO THEBEACH. APPROVED 2-15-2000

3.M.3.

CHANGE IN THE PARKS AND RECREATION IMPACT FEE ZONE 2 FUNDCAPITAL IMPROVEMENT PROGRAM TO DELAY FUNDING FOR PUBLICSHOOTING RANGE IN THE AMOUNT OF $350,000 AND TO ADD $350,000FUNDING TO COMPLETE CONSTRUCTION OF THE SEMINOLE PALMSAQUATIC CENTER. APPROVED 2-15-2000

3.M.4. DOCUMENT R-2000-0237

AMENDMENT 1 TO THE AGREEMENT WITH THE TOWN OF JUNO BEACH TOALLOW FOR THE PURCHASE AND INSTALLATION OF A SHOWER ANDWATER FOUNTAIN AT THE DONALD ROSS DUNE WALKOVER SITE, THEPURCHASE AND INSTALLATION OF AN IRRIGATION SYSTEM AT THEMERCURY ROAD DUNE WALKOVER SITE, AND AN EXTENSION OF THECOMPLETION DATE TO SEPTEMBER 1, 2000. (AMENDS R-98-1386-D)APPROVED 2-15-2000

3.M.5.



AMENDMENT 1 TO THE AGREEMENT WITH THE MOUNT OLIVE COMMUNITYDEVELOPMENT CORPORATION, INC., TO INCREASE FUNDING BY$19,370 TO PROVIDE ADDITIONAL PROGRAMS, ACTIVITIES, ANDSPECIAL EVENTS FOR AT-RISK YOUTH FOR THE CASE AFTER SCHOOLPROGRAM. (AMENDS R-99-1115-D) APPROVED 2-15-2000


BUDGET TRANSFER IN THE PARK IMPROVEMENT FUND FOR $19,370FROM RESERVES FOR DISTRICT 7 TO CASE/MOUNT OLIVE 99 TOINCREASE FUNDING FOR THE MOUNT OLIVE COMMUNITY DEVELOPMENTCORPORATION CENTER. APPROVED 2-15-2000

3.M.6.


AGREEMENT WITH THE CHILDREN’S COALITION, INC., IN AN AMOUNTNOT TO EXCEED $17,200 FROM OCTOBER 1, 1999, THROUGH MAY 30,2000, FOR THE FUNDING OF THE BELIEVE AND ACHIEVE PROGRAMWHICH PROVIDE CULTURAL ACTIVITIES AND TEACH MULTIMEDIASKILLS TO AT-RISK YOUTH COUNTYWIDE. APPROVED 2-15-2000


BUDGET TRANSFER IN THE PARK IMPROVEMENT FUND FOR $10,000FROM RESERVES FOR DISTRICT 1 AND FOR $7,200 FROM RESERVESFOR DISTRICT 4 TO THE CHILDREN’S COALITION BELIEVE ANDACHIEVE PROGRAM. APPROVED 2-15-2000


3.N. LIBRARY

3.N.1.


RATIFY THE CHAIR’S SIGNATURE ON AN APPLICATION WITH FLORIDADEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATIONSERVICES FOR LIBRARY SERVICES AND TECHNOLOGY ACT FUNDS FOR$25,000 WITH MATCHING FUNDS OF $8,334 IN FISCAL YEAR 2001.APPROVED 2-15-2000

b.

AUTHORIZE THE CHAIR TO LATER EXECUTE THE GRANT AGREEMENT ANDANY OTHER NECESSARY FORMS AND CERTIFICATIONS DURING THE TERMOF THE AGREEMENT WITH FLORIDA DEPARTMENT OF STATE, DIVISIONOF LIBRARY AND INFORMATION SERVICES FOR LIBRARY SERVICES ANDTECHNOLOGY ACT FUNDS FOR $25,000 WITH MATCHING FUNDS OF


$8,334 IN FISCAL YEAR 2001. APPROVED 2-15-2000

3.N.2. BUDGET TRANSFER 2000-0419

BUDGET TRANSFER IN THE LIBRARY OPERATING FUND FOR $13,437FROM CONTINGENCY RESERVES TO LEASEHOLD IMPROVEMENTS FOR ASEWER CONNECTION FEE WITH THE LOXAHATCHEE RIVERENVIRONMENTAL CONTROL DISTRICT. THE TEQUESTA BRANCH LIBRARYIS REQUIRED TO ABANDON THE EXISTING SEPTIC TANK AND CONNECTTO THE RECENTLY COMPLETED REGIONAL SANITARY SEWER SYSTEM.APPROVED 2-15-2000

3.P. COOPERATIVE EXTENSION SERVICE - None

3.Q. CRIMINAL JUSTICE COMMISSION - None

3.R. EMPLOYEE RELATIONS AND PERSONNEL - None

3.S. FIRE-RESCUE - None

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 - None3.Y. PURCHASING - None

3.Z. RISK MANAGEMENT - None

3.AA. PALM TRAN - None


3.BB. SHERIFF

3.BB.1.

a.

REAPPROPRIATION OF THE SERIOUS HABITUAL OFFENDERCOMPREHENSIVE APPREHENSION PROGRAM AWARD OF $735 IN FISCALYEAR 2000. APPROVED 2-15-2000



BUDGET AMENDMENT IN THE SHERIFF’S GRANT FUND FOR $464 FORTHE SERIOUS HABITUAL OFFENDER COMPREHENSIVE APPREHENSIONPROGRAM. APPROVED 2-15-2000

c. BUDGET TRANSFER 2000-0440

BUDGET TRANSFER IN THE LAW ENFORCEMENT TRUST FUND FOR $271FOR THE SERIOUS HABITUAL OFFENDER COMPREHENSIVE APPREHENSIONPROGRAM. APPROVED 2-15-2000

3.BB.2.

a.

REAPPROPRIATION OF THE SHERIFF’S DRUG FARM PHASE II AWARD OF$38,849 INTO FISCAL YEAR 2000. APPROVED 2-15-2000


BUDGET AMENDMENT IN THE SHERIFF’S GRANTS FUND FOR $38,849FOR THE SHERIFF’S DRUG FARM PHASE II. APPROVED 2-15-2000

3.BB.3.

a. BUDGET AMENDMENT 2000-0437

BUDGET AMENDMENT IN THE SHERIFF’S GRANT FUND FOR $23,674 FORTHE TRUANCY INTERDICTION PROGRAM. APPROVED 2-15-2000


BUDGET TRANSFER IN THE LAW ENFORCEMENT TRUST FUND FOR $3,122FOR THE TRUANCY INTERDICTION PROGRAM. APPROVED 2-15-2000

3.BB.4.


ACCEPTANCE OF THE MULTI-AGENCY NARCOTICS UNIT GRANT OF$667,150 AWARDED BY THE DEPARTMENT OF COMMUNITY AFFAIRS FORMOCTOBER 1, 1999, THROUGH SEPTEMBER 30, 2000. APPROVED2-15-2000


BUDGET AMENDMENT IN THE SHERIFF’S GRANT FUND FOR $157,395 TOMODIFY THE APPROVED BUDGET TO REFLECT THE ACTUAL AWARDAMOUNT AND THE PROPORTIONATE INCREASE IN THE REQUIRED MATCHFOR THE MULTI-AGENCY NARCOTICS UNIT GRANT. (SEE R-2000-0241) APPROVED 2-15-2000




BUDGET TRANSFER IN THE LAW ENFORCEMENT TRUST FUND FOR$39,349 TO MODIFY THE APPROVED BUDGET TO REFLECT THE ACTUALAWARD AMOUNT AND THE PROPORTIONATE INCREASE IN THE REQUIREDMATCH FOR THE MULTI-AGENCY NARCOTICS UNIT GRANT. (SEE R-2000-0241) APPROVED 2-15-2000

3.BB.5. DOCUMENT R-2000-0242

ACCEPT FROM THE FLORIDA MOTOR VEHICLE THEFT PREVENTIONAUTHORITY A COUNTYWIDE AUTO THEFT TASK FORCE GRANT OF$143,644 TO PROVIDE PARTIAL FUNDING FOR EIGHT POSITIONSFROM OCTOBER 1, 1999, THROUGH SEPTEMBER 30, 2000. NOMATCHING FUNDS ARE REQUIRED. APPROVED 2-15-2000

3.BB.6.

a.

REAPPROPRIATION OF THE COPS MORE 96 SUPPLEMENTAL GRANT AWARDOF $2,453 INTO FISCAL YEAR 2000. THE REQUIRED MATCH WILL BEAPPROVED BY THE FEDERAL LAW ENFORCEMENT TRUST FUND.APPROVED 2-15-2000


BUDGET AMENDMENT IN THE SHERIFF’S GRANTS FUND FOR $2,453 FORTHE COPS MORE 96 PROGRAM. APPROVED 2-15-2000

3.BB.7.

a.

REAPPROPRIATION OF THE 1998-99 NATIONAL INSTITUTE OF JUSTICEGRANT OF DNA ANALYSIS AWARDED BY THE U.S. DEPARTMENT OFJUSTICE INTO FISCAL YEAR 2000. THE REQUIRED IN-KIND MATCHIS PROVIDED BY THE SHERIFF’S OFFICE. APPROVED 2-15-2000


BUDGET AMENDMENT IN THE SHERIFF’S GRANT FUND FOR $13,362 FORTHE 1998-99 NATIONAL INSTITUTE OF JUSTICE GRANT OF DNAANALYSIS. APPROVED 2-15-2000

3.BB.8.a.

REAPPROPRIATION OF THE KENWOOD ESTATES AFTER SCHOOL PROGRAMGRANT OF $6,535 AWARDED BY THE CHILDREN’S SERVICES COUNCILINTO FISCAL YEAR 2000. APPROVED 2-15-2000


BUDGET AMENDMENT IN THE SHERIFF’S GRANT FUND FOR $6,535 FORTHE KENWOOD ESTATES AFTER SCHOOL PROGRAM GRANT AWARDED BYTHE CHILDREN’S SERVICES COUNCIL INTO FISCAL YEAR 2000. NOMATCHING FUNDS ARE REQUIRED. APPROVED 2-15-2000



3.BB.9.

a.

REAPPROPRIATION OF THE JUVENILE FIRST OFFENDER GRANT OF$58,039 INTO FISCAL YEAR 2000 FROM OCTOBER 1, 1999, THROUGHJUNE 30, 2000. APPROVED 2-15-2000


BUDGET AMENDMENT IN THE SHERIFF’S GRANT FUND FOR $69,756 FORTHE JUVENILE FIRST OFFENDER GRANT INTO FISCAL YEAR 2000.APPROVED 2-15-2000


BUDGET TRANSFER IN THE LAW ENFORCEMENT TRUST FUND FOR$11,717 FOR THE REQUIRED MATCH FOR THE JUVENILE FIRSTOFFENDER GRANT INTO FISCAL YEAR 2000. APPROVED 2-15-2000

3.CC. SUPERVISOR OF ELECTIONS

3.CC.1.

PRECINCT LEGAL DESCRIPTION/PRECINCT BOUNDARY CHANGES ASSUBMITTED BY THERESA LEPORE, SUPERVISOR OF ELECTIONS.APPROVED 2-15-2000

MOTION to approve the Consent Agenda as amended. Motion byCommissioner Marcus, seconded by Commissioner Aaronson, andcarried 6-0. Commissioner Masilotti absent.

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

REORDER THE AGENDA

MOTION to reorder the Agenda to consider Item 8.G.1. next.Motion by Commissioner Aaronson, seconded by CommissionerMarcus, and carried 6-0. Commissioner Masilotti absent.

8. COMMISSIONER COMMENTS

8.G. COMMISSIONER MAUDE FORD LEE

8.G.1.

PROCLAMATION DECLARING FEBRUARY 2000 AS BLACK HISTORY MONTHAND FEBRUARY 14-20, 2000, AS TUSKEEGEE AIRMEN WEEK.DISCUSSED 2-15-2000


4. PUBLIC HEARINGS - 9:30 A.M.

MOTION to receive and file Proofs of Publication 652606, 693810,693874, 699425, and 699467. Motion by Commissioner Marcus,seconded by Commissioner McCarty, and carried 6-0.Commissioner Masilotti absent.

4.A.

FIRST PUBLIC HEARING AND ADVERTISE FOR SECOND PUBLIC HEARINGON MARCH 21, 2000, AT 9:30 A.M., AN ORDINANCE AMENDINGORDINANCE 92-20, KNOWN AS THE UNIFIED LAND DEVELOPMENT CODE,AS FOLLOWS: ARTICLE 3, DEFINITIONS; ARTICLE 4, DECISIONMAKING, ADMINISTRATIVE AND ENFORCEMENT BODIES; ARTICLE 5,DEVELOPMENT REVIEW PROCEDURES; ARTICLE 6, ZONING DISTRICTS;ARTICLE 7, SITE DEVELOPMENT STANDARDS; ARTICLE 8,SUBDIVISION PLATTING AND REQUIRED IMPROVEMENTS; ARTICLE 10,IMPACT FEES; ARTICLE 11, ADEQUATE PUBLIC FACILITIES; ARTICLE15, TRAFFIC PERFORMANCE STANDARDS; ARTICLE 17, PARK ANDRECREATION STANDARDS. (P.O.P. 693874) APPROVED AS AMENDED2-15-2000

MOTION to approve the first public hearing and to advertisefor a second public hearing on March 21, 2000, at 9:30 a.m.Motion by Commissioner McCarty and seconded by CommissionerAaronson.

Staff briefed the Board on the ordinance amendments.

PUBLIC COMMENT:

Donna Barry; Robert McDonald, secretary/treasurer of theWestgate/Belvedere Homes Community Redevelopment Agency;Mike Owen, representative for the Realtors Association ofthe Palm Beaches; and Joe Pitts supported the item. RondaGluck, Jamie Grana, and Brad Pattison requested the coderequirements regarding the day-care kennel be reconsideredby staff.

During the discussion that ensued it was brought out that:

• Staff would work with Ms. Gluck, Ms.Grana, and Mr. Pattison concerning revisedlanguage for the day-care kennel.


• The day-care kennel was a wonderfulconcept.

• Careful planning of the day-care kennelwas important to ensure that neighbors would notbe negatively impacted.

• Commissioner Roberts had asked for theeconomic impact of pocket parks.

• There was concern about allowing theSpecial-use Communication Cell Site on Wheels(COW) in a residential area.

• There was concern about the tower heightof the COW, which was typically 80-100 feet.

PUBLIC HEARINGS - CONTINUED

4.A. - CONTINUED

• Staff recommended a 300 percent setbackbased upon the height of the tower as opposed tothe 600 percent for permanent monopole towers thatwere 150 feet high. This is from residentialstructure in adjacent parcel.

• Commissioner Aaronson noted that eventhough a COW was shorter than a permanent tower,it did have an effect on the surrounding area. Hesaid he was uncomfortable with a 300 percentsetback for a COW.

• In an emergency situation, the setbacklimitation for the COW could be waived.

• There were areas in which cellularphones became ineffective because of lack ofcommunication towers.

• COW were not to be used by theparticipants in the special events, but by thespectators.

• The Board needed more flexibility underthe affordable housing category.


• Not all accessory affordable housingprojects needed to receive a recommendation fromthe Commission on Affordable Housing (CAH). Staff,therefore, recommended a change to the languageregarding the proposed Institutional and PublicFacilities (IPF) District.

• Modification of the ordinance languagewould require a modification of the ComprehensivePlan as well. The Comprehensive Plan required theCAH to make a recommendation for approval beforesuch projects came before the Board.

• Staff could bring the Comprehensive Planlanguage back during the Amendment Round 2000-1transmittal hearing in May 2000. The Boardalready had initiated updates to the Future LandUse Element.

• Commissioner Roberts suggested that theaffordable housing category be deleted from theordinance. Once the Comprehensive Plan wasmodified so that all accessory affordable housingprojects did not have to receive a recommendationfrom the CAH, similar language be added to theordinance under an affordable housing category.

• Staff would modify Item 15.c.(Certification of Surveyors) on Page 46, Line 26to, “If the surveyor is a legal entity...” or “Ifthe surveyor is incorporated as a legal entity...”

• COWs were not to be used by theparticipants in the special events but by thespectators.


4.A. - CONTINUED

STAFF WAS DIRECTED TO:

• Meet with the interested parties to discussthe entire day-care kennel issue, including fecesdisposal.

• Meet with the Commission on AffordableHousing to discuss the affordable housing categorychanges.

• Report back on the professions of the membersof the Commission on Affordable Housing.


• Clearly differentiate between “special event”and “emergency”, and develop guidelines for each forthe installation of a COW.

• Ensure that the installation and removal of aCOW was not more than 24 hours before and after anevent.

AMENDED MOTION to include the changes as discussed. Themaker and seconder agreed. Upon call for a vote, the motioncarried 6-0. Commissioner Masilotti absent.

REORDER THE AGENDA

Motion to reorder the Agenda to consider Item 5.H.1. next.Motion by Commissioner Marcus, seconded by CommissionerAaronson, and carried 6-0. Commissioner Masilotti absent.

5.H. ADMINISTRATION

5.H.1. RESOLUTION R-2000-0243

RESOLUTION FINDING THAT UNITED TECHNOLOGIES CORPORATION, DBAPRATT & WHITNEY, BE APPROVED AS A QUALIFIED APPLICANT ANDPROVIDING AN APPROPRIATION OF UP TO $1 MILLION AS LOCALPARTICIPATION IN THE QUALIFIED TARGET INDUSTRY TAX REFUNDPROGRAM PURSUANT TO THE JOB GROWTH INCENTIVE GRANT PROGRAM,AND AUTHORIZE THE JOB GROWTH INCENTIVE GRANT AGREEMENT WITHUNITED TECHNOLOGIES CORPORATION AWARDING $1 MILLION FROM THEJOB GROWTH INCENTIVE FUND TO SUPPORT THE COMPANY’S LIQUIDSPACE PROPULSION PROJECT AND TO REQUIRE THE COMPANY TORETAIN 800 AND CREATE 200 FULL-TIME OR EQUIVALENT JOBS INTHE COUNTY. ADOPTED 2-15-2000

MOTION to adopt the resolution. Motion By CommissionerMarcus and seconded by Commissioner Roberts.

Assistant County Administrator Verdenia C. Baker said thestate funded $5 million and the County funded $1 million forthe project. Commissioner Marcus thanked staff, theBusiness Development Board, and Pratt & Whitney for theirefforts. Larry Pelton, president of the BusinessDevelopment Board, commended Commissioner Marcus for herefforts.

UPON CALL FOR A VOTE, the motion carried 6-0. CommissionerMasilotti absent.


4.B.


FIRST PUBLIC HEARING AND ADVERTISE FOR SECOND PUBLIC HEARINGON MARCH 21, 2000, AT 9:30 A.M., AN ORDINANCE AMENDINGORDINANCE 92-20, KNOWN AS THE UNIFIED LAND DEVELOPMENT CODE,AS FOLLOWS: ARTICLE 4, DECISION MAKING, ADMINISTRATIVE ANDENFORCEMENT BODIES; AND ARTICLE 6, ZONING DISTRICTS.(P.O.P. 693874) APPROVED 2-15-2000

Staff reported that:

• The changes were related to theComprehensive Plan and they made Transfer ofDevelopment Rights (TDR) the required method forincreasing density; clarified the sending areasand their transfer rates; updated the receivingareas to allow both planned developments andsubdivisions to be receiving areas; providedcompatibility criteria for receiving areas; andprovided a sliding scale for density bonuses aswell as an additional density bonus depending onthe location of the receiving area.

• According to Board direction given inAugust and November of 1999, there were proposedchanges that would establish administrative reviewfor TDR projects; clarify that no additional TDRunits would be placed in the County’s TDR bank;and clarify the pricing mechanisms for theCounty’s TDR units in its bank.

MOTION to approve the first public hearing and advertise forsecond public hearing on March 21, 2000, at 9:30 a.m.Motion by Commissioner McCarty and seconded by CommissionerRoberts.

Commissioner Roberts asked that language be added setting afive-year time limit whereby the County would not acceptadditional TDR. Commissioner Aaronson recommended thelanguage state that within five years the County would notaccept additional TDR.AMENDED MOTION to include language stating that within fiveyears the County would not accept additional TDR. The makerand seconder agreed.

PUBLIC COMMENT: None




4.C. ORDINANCE 2000-008

ORDINANCE AMENDING THE MINORITY/WOMEN BUSINESS ENTERPRISESECTION OF THE CODE, CHAPTER 2, ARTICLE III, DIVISION 2,PART B; PROVIDING FOR THE RENAMING OF THE MINORITY AND WOMENBUSINESS ASSISTANCE ADVISORY COMMITTEE AS THE SMALL ANDMINORITY/WOMEN BUSINESS ASSISTANCE ADVISORY COMMITTEE;PROVIDING FOR THE DESIGNATION OF A SEAT ON THE SMALL ANDMINORITY/WOMEN BUSINESS ASSISTANCE ADVISORY COMMITTEE FORTHE PALM BEACH COUNTY RESOURCE CENTER; PROVIDING FOR FOURADDITIONAL SMALL-BUSINESS OWNERS SEATS ON THE SMALL ANDMINORITY/WOMEN BUSINESS ASSISTANCE ADVISORY COMMITTEE; ANDPROVIDING FOR ADDITIONAL RESPONSIBILITIES OF THE SMALL ANDMINORITY/WOMEN BUSINESS ASSISTANCE ADVISORY COMMITTEERELATING TO SMALL-BUSINESS ISSUES. (AMENDS ORDINANCE 98-26)(P.O.P. 699425) ADOPTED 2-15-2000

MOTION to adopt the ordinance. Motion by CommissionerNewell and seconded by Commissioner Aaronson.



4.D. ORDINANCE 2000-009

ORDINANCE PROVIDING FOR REGISTRATION FOR USE OF RIGHT-OF-WAY; PROVIDING FOR NATURE OF REGISTRATION; PROVIDING FOREFFECTIVENESS OF REGISTRATION; PROVIDING FOR TRANSFER OFREGISTRATION; PROVIDING FOR EXISTING TELECOMMUNICATIONSFACILITIES IN RIGHT-OF-WAY; PROVIDING FOR SUSPENSION OFPERMITS; PROVIDING FOR APPEALS; PROVIDING FOR FEES TO THECOUNTY; PROVIDING FOR CONSTRUCTION IN THE RIGHT-OF-WAY;PROVIDING FOR INSURANCE INDEMNIFICATION; AND PROVIDING FORPENALTIES FOR VIOLATION. (P.O.P. 699467) ADOPTED 2-15-2000

MOTION to adopt the ordinance with an increase from 90 daysto 120 days from the effective date of the ordinance forproviders to comply. Motion by Commissioner Roberts andseconded by Commissioner Newell.

Assistant County Attorney Leonard Berger explained that thechange would not affect the effective date of the ordinance.It would extend the grace period for people with existingfacilities in the right-of-way. The ordinance, if adopted,becomes effective when filed with the Secretary of State.The County would begin assessing incumbents within 120 daysof the effective date, and everyone else would be assessedimmediately. There were two additional changes: Section 4,


Subpart 3, on Page 4, Line 30, “annually” would be changedto “quarterly.” Section 11, Subpart 4 on Page 9, Lines 24-26, would be changed to “access to all books and records anddata reasonably necessary to verify the accuracy of thefee.”

AMENDED MOTION to include the changes as stated by staff.The maker and seconder agreed.


4.D. - CONTINUED

PUBLIC COMMENT:

Barbara Hall, representative for TCG South Florida, and asubsidiary of American Telephone & Telegraph Company (ATT),stated that most of the concerns raised by the industry hadbeen addressed. The ordinance was acceptable, with theexception of the 1 percent fee assessed against grossreceipts on recurring local services revenues for servicesprovided within the unincorporated area. TCG wanted theassurance that if it needed to register and begin doingbusiness under the ordinance, that it would be able toregister without waiving its right to contest the 1 percentfee.

If the 1 percent fee is allowed, Ms. Hall continued, andgiven the 120-day grace period for compliance with theordinance granted to existing providers with facilitiesalready in the right-of-way, it was TCG’s hope that acompetitive provider who installed facilities in the right-of-way would not be assessed the 1 percent fee on an earlierday than the existing provider. Staff commented that mostcourts were consistent in holding that you cannot waive theright to protest an illegally assessed tax. Staff also saidthat, considering the time it would take for TCG to prepareto do business, the state will have made a determination onthe telecommunications legislation before TCG is ready.

Sharon Liebman, attorney, and Sid Poe, regional manager forBellSouth Telecommunications, Inc., opposed the impositionof the 1 percent fee. They encouraged approval of the 120-day grace period so the ordinance and fee would not beapplicable until the state had made a determination on thelegislation.

(CLERK’S NOTE: Commissioner McCarty left the meeting.)

Commissioner Marcus stated the Florida Association ofCounties’ lobbyist agreed that as a charter county, Palm


Beach County could implement the ordinance. No one couldpredict whether there would be a telecommunications act.Commissioner Marcus stated that if the Board approved 120days, the County’s lobbyist needed to ensure that anyapproved telecommunications legislation would enable theCounty to collect the fee.

Commissioner Aaronson commented that after the legislativesession, Governor Jeb Bush had until June 1, 2000, to vetothe telecommunications legislation. Staff clarified thatthe governor had until the end of June, depending on whenthe bills were presented. Mr. Aaronson pointed out thatallowing 90 days instead of 120 days from the effective dateof the ordinance for providers to comply would give theCounty 30 days before the governor had a chance to veto thetelecommunications legislation. Assistant County AttorneyBerger advised that the only drawback would be if a bill wasadopted that allowed the County to collect the fee and thegovernor vetoed it two weeks after the County had beguncollecting. He added that it was difficult to predict whatthe legislature would do.


4.D. - CONTINUED

Mr. Berger outlined several possible scenarios: (1) thelegislature could allow the County to be grandfathered infor having considered the ordinance; (2) they could rejectthe ordinance because the County had not started collectingthe fee; or (3) accept the ordinance because the County wasabout to begin collecting the fee. There was not much tolose allowing 90 days from the effective date of theordinance for providers to comply because the legislativesession would have ended by then. If a bill was approvedcontaining language that affected the wording of theCounty’s ordinance, staff would address that.

Mr. Berger said 90 days gave the County a small edge, butalso allowed for the possibility of litigation from theindustry. Commissioner Aaronson noted that earlierdiscussions with the industry indicated they would go intolitigation unless the legislation was vetoed.

SUBSTITUTE MOTION to adopt the ordinance and allow 90 daysfrom the effective date of the ordinance for providers tocomply. Motion by Commissioner Aaronson and seconded byCommissioner Marcus.

In response to Commissioner Lee’s inquiry about the BrowardCounty litigation, Mr. Berger said that BellSouth had fileda temporary injunction and the court denied it last week.


It was going to trial and could go far beyond the County’swindow for implementation of the ordinance.

UPON CALL FOR A VOTE, the motion FAILED 2-3. CommissionersLee, Newell, and Roberts opposed. Commissioners McCarty andMasilotti absent.

UPON CALL FOR A VOTE on the original motion, the motioncarried 3-2. Commissioners Aaronson and Marcus opposed.Commissioners McCarty and Masilotti absent.

4.E.


FISCAL YEAR 2000 SECTION 5307 FEDERAL TRANSIT ADMINISTRATIONGRANT APPLICATION FOR APPORTIONED CAPITAL AND OPERATIONFUNDS OF $8,696,238 NECESSARY FOR THE CONTINUED OPERATIONSOF THE PALM TRAN SYSTEM. (P.O.P. 652606) APPROVED 2-15-2000

b.

FEDERAL FISCAL YEAR 2000 CERTIFICATIONS AND ASSURANCES FORFEDERAL TRANSIT ADMINISTRATION ASSISTANCE. (P.O.P. 652606)APPROVED 2-15-2000

c.

AUTHORIZE STAFF TO EXECUTE, ON BEHALF OF THE BOARD, AND TOTRANSMIT ELECTRONICALLY THE BOARD’S APPROVAL OF THE SECTION5307 GRANT APPLICATION AND CERTIFICATIONS AND ASSURANCES.(P.O.P. 652606) (SEE R-2000-0244) APPROVED 2-15-2000


4.E. - CONTINUED

d. BUDGET AMENDMENT 2000-0348

BUDGET AMENDMENT IN THE MASS TRANSIT FUND FOR $951,762 TOADJUST THE ESTIMATED BUDGET AMOUNT TO THE ACTUAL FISCAL YEAR2000 SECTION 5307 FEDERAL TRANSIT ADMINISTRATION GRANT AWARDAMOUNT FOR APPORTIONED CAPITAL AND OPERATION FUNDS NECESSARYFOR THE CONTINUED OPERATIONS OF THE PALM TRAN SYSTEM. (SEER-2000-0244) (P.O.P. 652606) APPROVED 2-15-2000

MOTION to approve the application, certifications andassurances, staff authorization, and the budget amendment.Motion by Commissioner Marcus and seconded by CommissionerAaronson.

PUBLIC COMMENT:


Stanley Voice stated concern with the disbanding of theCitizens Advisory Board without public notice; the need fornew Palm Tran buses; the spending of $1.5 million onSpecTran; utilizing additional funds for the new Palm Tranfacility to clean buses; requiring the City of Boynton Beachto pay for bus service from funding it received from the gastax, and the lack of funds to operate the Palm Tran systemefficiently.

(CLERK’S NOTE: Commissioner McCarty rejoined the meeting.)


• Of the allocated funds, $1.9 millionwould be used to repay the County’s stateinfrastructure bank loan for the purchase ofbuses.

• Staff was anticipating the delivery of50 new buses.

• The City of Boynton Beach had obtained afederal grant for the purchase of buses.

• The amount of money the County receivedfrom the federal government was based on theoperation of the overall system. The FederalTransit Administration would only allow thepurchase of buses under the County’s grantapplication process. The municipalities could notapply themselves. There was $250,000 included inthe grant application to purchase a bus forBoynton Beach.

• There was concern that the City ofBoynton Beach might be using its gas tax funds forpurposes other than transportation.

• Boynton Beach had to make the localmatch required of the grant recipient and pay forall operating costs for its vehicles.


4.E. - CONTINUED



• Meet with Commissioner Aaronson and Mr. Voiceto explain the City of Boynton Beach’s funding forbuses.

• Report back on how much funding the City ofBoynton Beach received annually from the gas tax andfor what purposes the city spends it.

County Administrator Weisman commented that themunicipalities had been questioned as to how they spenttheir gas tax funds. All could justify through theirbudgeting process that their spending was in accordance withestablished rules. There was a question that if the Boardrequired the City of Boynton Beach to pay for its bus, howmuch of the $250,000 savings would be used for Palm Tran.Commissioner McCarty maintained that the municipalities hadresponded satisfactorily to staff’s questions on theexpenditure of the gas tax. She recommended that the issuenot be pursued any further.


4.F. RESOLUTION R-2000-0245

RESOLUTION CONFIRMING THE SPECIAL ASSESSMENT PROCESS FOR THEKENWOOD AREA WATER MAIN EXTENSION. INDIVIDUAL ASSESSMENTSARE BASED ON 100 PERCENT OF THE ASSESSABLE COST OF$667,519.26 AND MAY BE PAID OVER 20 YEARS WITH EQUAL ANNUALPAYMENTS OF PRINCIPAL AND 8 PERCENT INTEREST. (P.O.P.693810) ADOPTED 2-15-2000MOTION to adopt the resolution. Motion by CommissionerNewell and seconded by Commissioner Aaronson.

Commissioner Newell said the item reflected an 8 percentinterest rate. He recommended that if the County was movingto a lower interest rate, that lower rate be utilized forthis project. Steve McGrew, Engineer for the WaterUtilities Department, Assessment Improvements, said thatstaff would bring back an amending resolution reflecting aninterest rate of 6.5 percent retroactive as of today, alongwith the Water Utilities Department’s uniform policies andprocedures manual. They would also need to change thedeferred payment program for the service initiation fees.



4.F. - CONTINUED

PUBLIC COMMENT:

George Datesman, Michael Gatchell, and Brantley D. Keasupported the item. Michael Naugle opposed the item becausehis well was sufficient and he contended the County had notmet all of the legal requirements for the project. Hepresented records of the electronic mail he had submitted onthree occasions to Bilal Mujahid, Water Utilities assessmentcoordinator, to which he never received a response. Mr.Naugle complained that he had made several telephone callsto the Water Utilities Department and none were returneduntil last Friday when Chris Gulam, assessment projectmanager, called.

MOTION to receive and file Mr. Naugle’s electronic mailrecords. Motion by Commissioner Aaronson, seconded byCommissioner Marcus, and carried 6-0. CommissionerMasilotti absent.

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

• Business was hectic last week at theWater Utilities Department because of the movingof its offices.

• Someone from the department should haveresponded to Mr. Naugle’s electronic mail when ithad been received.

• Based on the residents’ signaturesreceived in 1998, the majority wanted the watermain extension and understood the economic impactof the project.

• The County’s ordinance governing specialassessment projects was established under FloridaStatute Chapter 125, not Chapter 153 as stated byMr. Naugle.

• The project was published twice, and theClerk’s Office would have copies of the Proof ofPublication on file.

• In order for the project to moveforward, there had to be a 51 percent majority inagreement, and the signatures had to be on file.Staff currently had the original petitions withthe votes.


• The 51 percent majority was certified onFebruary 4, 1998, by the department.

• The notifications for the public hearingwere mailed to the property owners during themiddle of January in accordance with Ordinance 94-10.


4.F. - CONTINUED

• All property owners were sent a copy ofthe petition they had signed regarding theirproperty. If staff did not receive a petitionfrom a property owner, a form was sent to notifythe owner.

• If a new owner requested to change thevote regarding the property he or she was allowedto do so. As a result, the percentage of yesvotes had increased from 54 percent to 59 percent.The no votes increased from 9 percent to 12percent. The remaining persons were undecided andhad not submitted votes.

• Staff verified the signatures at thetime a 51 percent majority had been reached in1996.

• On August 5, 1996, the property ownerswere notified by letter that staff had received 51percent petitions in favor of the project.

• A cost of the project had beencalculated after the 51 percent majority had beenreached, and staff informed each owner of thecost.

• It took from August 5, 1996, to February4, 1998, to reach a 51 percent majority. It wastwo years since the final petitions had reached a51 percent majority, not eight years as stated byMr. Naugle.

• There was a typographical error on thepetition form. The form referenced Project 95-


152; it should have been Project 95-142. The errorhad nothing to do with the cost of the project.

• Although the original petition had theincorrect project number, it did contain theproper description of the project.

• The project boundaries were described inthe public notices giving the section, township,and range.

• There were several property ownerslocated from Lexington Avenue east who were in acontiguous area and had voted no. It was Countypolicy that if there were no affirmative votesreceived in a contiguous area, those residentscould be excluded from a project. Although a 59percent majority had been reached for the overallarea, staff would not impose any specialassessment on those property owners from LexingtonAvenue east.

• Water mains would be installed on CarverStreet, Clinton Boulevard, Weymouth Street, andapproximately 80 percent of Cambridge Street.There was a point on Cambridge Street at whichstaff could provide a looping of the hydraulicwater system to improve the water quality and makepipe sizes and fire hydrant flows to the maximumadvantage of the utility.


4.F. - CONTINUED

• In response to Mr. Naugle’s allegationsthat no report of existing right-of-way andeasements was included in the cost estimates,staff stated that no easements were required. Thereport of costs indicated the water mains would beinstalled within the platted public rights-of-way,and the plats were referenced.

• Property owners were not mandated by theUtilities Department to connect to the publicwater supply.

• A single-family home owner was notrequired to connect to the water system. Theowner would have to pay the special assessment,however, because public water service would beavailable to the property should the owner decideto connect in the future. The service initiationfee, which was in addition to the assessment,would not have to be paid by the owner until he or


she connected to the water system. The specialassessment process had been upheld in circuitcourt on numerous occasions.

• Since the original petition wascirculated, 58 properties had changed ownerhsip.Of those, 17 owners voted yes and 4 voted no forthe assessment.

• Staff sent a letter, which included anotice of special assessment, to each propertyowner at the address of record in the PropertyAppraiser’s Office. The letter served as publicnotice.

• Staff would request that the InformationSystems Services Department investigate to see ifMr. Naugle’s electronic mail was received by theWater Utilities Department.

• There were two assessment projectsconsisting of the Kenwood area and Jackson Avenue.There were two separate petitions describing eachproject. The projects were combined because theywere located very close to each other, their costswere similar, and combining them let the Countyavoid having to obtain two separate constructionbids as well as hold two separate public hearings.Having one bid and one contractor would keep thecosts down.

• Staff had met all of the legalrequirements for the project.


REORDER THE AGENDA

MOTION to reorder the Agenda to consider Item 5.A.4. next.Motion by Commissioner Newell, seconded by CommissionerRoberts, and carried 6-0. Commissioner Masilotti absent.

(CLERK’S NOTE: The following item was deleted from the ConsentAgenda as Item 3.D.2. See Page 8.)

5.A.4.

PRELIMINARY READING AND ADVERTISE FOR PUBLIC HEARING ON


FEBRUARY 29, 2000, AT 2:00 P.M., AN ORDINANCE AMENDINGCHAPTER 16 OF THE COUNTY CODE, ARTICLE III (ORDINANCE 99-74), PERTAINING TO BURGLAR ALARMS; AMENDING THE DEFINITIONOF FALSE ALARM; AMENDING ALARM PERMITS REQUIRED; FEE;RENEWAL; AMENDING APPLICATION FOR ALARM PERMIT; EMERGENCYNOTIFICATION; REPORTING SERVICE INFORMATION; AND AMENDINGAPPEALS. APPROVED AS AMENDED 2-15-2000

On December 21, 1999, the Board held a public hearing on theburglar alarm ordinance and discussed adopting the ordinancepresented with several changes consisting of: (1) clarifyingreferences to alarms serviced by private security firms; (2)including in the definition of false alarms those alarmscaused by weather or power outages of less than two hours;and (3) requiring that, after the fifth false alarm, theSheriff’s Office must provide written notice to the alarmuser that the sixth alarm would result in a $250 fine andsuspension of the Sheriff’s Office response for one year.During the year, however, the Sheriff shall continue torespond to 911 calls and robbery or panic alarms.

Staff commented that:

• There was some confusion regardingadoption of the ordinance on December 21, 1999.The item was being brought back to ensureinclusion of the three items in Ordinance 99-74.

• The Sheriff’s Office had asked that theitem not be reconsidered. They recommended thatOrdinance 99-74 remain in its current form andthat consideration be given to the proposedchanges during the six-month review of Ordinance99-74.

• The Board was concerned that Ordinance99-74 contained language that might putresidential communities such as Century Villageand Kings Point who had their own security, whichwas not a formal security service, in a positionto be sued.


REGULAR AGENDA - CONTINUED

5.A.4. - CONTINUED

• Language would be added on Page 2,Section 2 of the proposed ordinance that wouldread, “with the exception of those alarm users ingated communities serviced by private securityfirms which are required to respond to alarms.”

• The gated communities that have privatecompanies such as the Wackenhut Corporationrespond to alarms would not be required to get analarm permit from the Sheriff’s Office.

• Commissioner Marcus wanted the referenceto in-house security included in the language thatwould be added to Page 2 of the proposedordinance.

MOTION to approve the ordinance on preliminary reading asamended to include the language recommended by staff, withthe exception of those alarm users in gated communitiesserviced by private security firms or in-house securitywhich are required to respond to alarms, and to advertisefor public hearing on February 29, 2000, at 2:00 p.m.Motion by Commissioner Newell and seconded by CommissionerAaronson.

PUBLIC COMMENT:Gary Brandenburg, representative for several of the alarmcompanies, stated the ordinance contained language thatwould have an adverse impact on the alarm industry.Commissioner Aaronson said the ordinance would be monitoredfor six months. The industry could report back to the Boardwhen the ordinance was readdressed.




4.G.

a. ORDINANCE 2000-010

ORDINANCE AMENDING CHAPTER 17 OF THE CODE, ARTICLE VIII(ORDINANCE 95-7) KNOWN AS THE MOVING ORDINANCE; PROVIDINGINTENT AND APPLICATION; REQUIRING OPERATING PERMIT ANDDECAL; PROVIDING FOR DENIAL, SUSPENSION, AND REVOCATION OFPERMIT; HEARING, APPEALS; REQUIRING EVIDENCE OF CARGO LEGALLIABILITY VALUATION AND INSURANCE COVERAGE; REQUIRING MOVINGVEHICLE SIGNAGE; REQUIRING ESTIMATES OF MOVING COSTS;REQUIRING CONTRACT FOR SERVICE/BILL OF LADING; REQUIRINGDISCLOSURE STATEMENT; PROVIDING FOR CHARGES IN EXCESS OFWRITTEN ESTIMATE, UNLAWFUL CHARGES, PROHIBITING REFUSAL TORELINQUISH GOODS; PROVIDING FOR PAYMENT OF CHARGES IN EXCESSOF WRITTEN ESTIMATE OR CONTRACT FOR SERVICE; PROVIDING FORAN INVENTORY; PROVIDING ACCEPTABLE FORMS OF PAYMENT;PROVIDING FOR REASONABLE DISPATCH; PROVIDING FOR LIABILITYOF MOVERS, LIMITATION, AND DISCLOSURE; PROVIDING FORRECORDS, INQUIRY OR COMPLAINT HANDLING, AND INSPECTIONS;PROHIBITING COLLECTION OF FREIGHT CHARGES ON SHIPMENTS LOSTOR DESTROYED IN TRANSIT; REGULATING CLAIM PROCEDURES;PROVIDING FOR CONSUMER COMPLAINTS; PROHIBITING FRAUDULENTTRANSFERS OF MOVING COMPANIES; AND PROVIDING ENFORCEMENT ANDPENALTIES, CIVIL AND CRIMINAL. (AMENDS ORDINANCE 95-7)(P.O.P. 699467) ADOPTED 2-15-2000b. RESOLUTION R-2000-0246

RESOLUTION ESTABLISHING REQUIRED FEES AND A SCHEDULE OFCIVIL FINES FOR VIOLATING MOVING ORDINANCE 2000-010.(P.O.P. 699467) ADOPTED 2-15-2000

c. BUDGET AMENDMENT 2000-0431

BUDGET AMENDMENT IN THE GENERAL FUND FOR $100,000 TOESTABLISH REVENUE AND AN EXPENDITURE BUDGET FOR MOVINGORDINANCE 2000-010. (P.O.P. 699467) APPROVED 2-15-2000

d.

AUTHORIZE AN ADDITIONAL COMPLIANCE OFFICER POSITION(PAYGRADE 22) TO THE COMPLEMENT OF THE CONSUMER AFFAIRSDIVISION IN ORDER TO ENFORCE AND ADMINISTER THE MOVINGORDINANCE 2000-010 PROGRAM. (P.O.P. 699467) APPROVED 2-15-2000


MOTION to adopt the ordinance and resolution, and to approvethe budget amendment and an additional compliance officerposition. Motion by Commissioner Roberts and seconded byCommissioner Newell.


4.G. - CONTINUED

PUBLIC COMMENT:

Hugo Litersky and William Litersky opposed the item becausethey said the smaller company owners could not afford the$1,000 fee. Mr. Litersky suggested that agencies such asConsumer Affairs, small claims court, and the BetterBusiness Bureau were entirely adequate to address consumercomplaints against the moving industry. Mr. Litersky saidthat deregulation had provided conditions that wereequitable to both large and small moving businesses.Returning to regulation was unnecessary.

Commissioner Roberts stated the item was in response to themany complaints from consumers about poor service andbusiness practices in the moving industry. Staff reportedthat this year telephone complaints about moving companieshad increased 300 percent over previous years. Movingcomplaints ranked fifth in the total number of complaintsreceived by the Consumer Affairs Department. Staff hadworked with the moving industry to come up with a solutionthat was fair for everyone involved, she concluded.


(CLERK’S NOTE: Commissioner Newell left the meeting.)

4.H. ORDINANCE 2000-011

ORDINANCE AMENDING SECTION 17-116 OF THE CODE RELATING TOTHE TOURIST DEVELOPMENT TAX. PURSUANT TO THE LOCAL OPTIONTOURIST DEVELOPMENT ACT; PROVIDING FOR AUTHORIZATION TOEXPEND ADDITIONAL TOURIST DEVELOPMENT TAX REVENUES FOR THE


PROMOTION OF THE COUNTY AS A SPORTS DESTINATION. IT WILLPROVIDE FOR A REVISION TO THE TOURIST DEVELOPMENT PLAN,WHICH PROVIDES THE PALM BEACH SPORTS COMMISSION WITH ANADDITIONAL $250,000 IN TOURIST DEVELOPMENT (BED) TAXREVENUES TO EXPEND ON SPORTS EVENTS AND ACTIVITIES TOPROMOTE COUNTY TOURISM FOR FOUR YEARS BEGINNING FISCAL YEAR2000-2001. (AMENDS ORDINANCE 98-52) (P.O.P. 699425)ADOPTED 2-15-2000

MOTION to adopt the ordinance. Motion by CommissionerRoberts and seconded by Commissioner Aaronson.


Commissioner Marcus recalled that during earlierdiscussions, the Board wanted to ensure that the Beaches andShores Program remained at a certain funding threshold.Deputy County Administrator Patrick Miller said the Boardhad directed staff to report back if any of the touristdevelopment programs began to fall below threshold.Commissioner Aaronson commented that he had previously saidthat because of the increase of heads and beds, all wouldbenefit. If there was a decrease in the economy, then athreshold should be established.


4.H. - CONTINUED

Commissioner Marcus commented that a lot of people were morecomfortable knowing the funding threshold of the agencieswas protected. She asked that something be put in writingand that copies be sent to all of the affected agencies.Mr. Miller said staff would attach a memorandum to the itemnoting that.

UPON CALL FOR A VOTE, the motion carried 5-0. CommissionersMasilotti and Newell absent.

RECESS

At 12:34 p.m, the Chair declared a recess.

RECONVENE

At 2:15 p.m., the Board reconvened with CommissionersAaronson, Lee, McCarty, Marcus, and Roberts present.

5. REGULAR AGENDA

5.A. COUNTY ATTORNEY


5.A.1. RESOLUTION R-2000-0247

RESOLUTION AUTHORIZING THE ISSUANCE OF INDUSTRIALDEVELOPMENT REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $2MILLION, PURSUANT TO INTERLOCAL AGREEMENT R-97-1077 WITHFLORIDA DEVELOPMENT FINANCE CORPORATION APPROVING THE SALEOF SUCH BONDS, AND RESCINDING RESOLUTION R-99-2053 WHICHAPPROVED ISSUANCE OF THE BONDS AT ANOTHER LOCATION. THEBONDS ARE BEING ISSUED TO FINANCE THE COSTS OF ACQUIRINGLAND AND CONSTRUCTING A 35,000-SQUARE-FOOT MANUFACTURINGFACILITY FOR USE AS A COMMERCIAL PRINTING OPERATION. THEBONDS WILL BENEFIT DSLA REALTY, L.C., AND THE PROJECT WILLBE OPERATED BY MAJESTIC GREETING CARD COMPANY, INC.NEITHER THE TAXING POWER NOR THE FAITH AND CREDIT OF THECOUNTY NOR ANY COUNTY FUNDS SHALL BE PLEDGED TO PAY THEPRINCIPAL, REDEMPTION PREMIUMS, IF ANY, OR INTEREST ON THEBONDS. (RESCINDS R-99-2053) ADOPTED 2-15-2000

MOTION to adopt the resolution. Motion by CommissionerMarcus, seconded by Commissioner McCarty, and carried 5-0.Commissioners Masilotti and Newell absent.

(CLERK’S NOTE: Commissioner Newell joined the meeting.)

5.A.2. RESOLUTION R-2000-0248

RESOLUTION AUTHORIZING THE ISSUANCE OF NOT-TO-EXCEED $3MILLION IN SOLID WASTE DISPOSAL REVENUE BONDS BY THE CAPITALPROJECTS FINANCE AUTHORITY TO FINANCE A SOLID WASTE FACILITYLOCATED AT 6911 WALLIS ROAD, WEST PALM BEACH, FOR STARSERVICES GROUP, INC. AND AUTHORIZING THE CHAIR TO EXECUTE ANINTERLOCAL AGREEMENT IN SUBSTANTIVELY THE FORM ATTACHEDHERETO. THE BONDS WILL BE PAYABLE SOLELY FROM REVENUESDERIVED FROM THE PROJECT, AND NEITHER THE TAXING POWER NORTHE FAITH AND CREDIT OF THE COUNTY NOR ANY COUNTY FUNDS AREPLEDGED TO PAY THE BONDS. ADOPTED 2-15-2000

MOTION to adopt the resolution. Motion by CommissionerMcCarty, seconded by Commissioner Roberts, and carried 6-0.Commissioner Masilotti absent.


5.A.3. DOCUMENT R-2000-0249

INTERLOCAL AGREEMENT WITH THE SOLID WASTE AUTHORITY FOR THEPROVISION OF LEGAL SERVICES TO THE AUTHORITY BY THE COUNTYATTORNEY’S OFFICE AT THE HOURLY RATE OF $125 FOR ATTORNEYSAND $60 FOR PARALEGALS, FROM JANUARY 1, 2000, THROUGHSEPTEMBER 30, 2000, WITH AUTOMATIC RENEWALS OF FOUR ONE-YEARTERMS. APPROVED 2-15-2000

MOTION to approve the agreement. Motion by CommissionerRoberts, seconded by Commissioner Aaronson, and carried 6-0.Commissioner Masilotti absent.

5.A.4. See Pages 33-34.


5.B. ENGINEERING AND PUBLIC WORKS

5.B.1.

RIGHT-OF-WAY USE AGREEMENT WITH METRICOM, INC., WHO WISHESTO INSTALL AND OFFER FOR SALE A MOBILE DIGITAL DATACOMMUNICATIONS NETWORK. THE NETWORK ENABLES SUBSCRIBERS TOACCESS WIRELESS INTERNET, PRIVATE INTRANET, E-MAIL, ANDLOCAL AREA NETWORKS. IN EXCHANGE FOR ALLOWING METRICOM TOENTER COUNTY RIGHT-OF-WAY FOR THIS PURPOSE, THE COMPANYAGREES TO PAY TO THE COUNTY 1 PERCENT OF ITS REVENUESDERIVED FROM COUNTY USERS, $60 PER YEAR IN RENT FOR EACHCOUNTY-OWNED OR /-MAINTAINED POLE THE COMPANY MAY USE, AND10 FREE SUBSCRIPTIONS TO THE NETWORK FOR THE LIFE OF THISAGREEMENT. THE TERM OF THE AGREEMENT IS FOR 10 YEARS ANDALLOWS FOR THREE FIVE-YEAR EXTENSIONS. POSTPONED TOFEBRUARY 29, 2000 -- 2-15-2000

Commissioner McCarty asked for a postponement for 30 days sothat staff could address the issues noted in a memorandumreceived from Ron Ferris, town manager for the Town ofLantana.

MOTION to POSTPONE the item for 30 days. Motion byCommissioner McCarty and seconded by Commissioner Newell.

Marta Zimring, representative of Metricom, said theyreceived a copy of the memorandum that morning and couldaddress the issue noted within it. The company did not wishfor the item to be postponed because of the loss of time.Commissioner McCarty stated no one was present as amunicipal representative to participate in the discussion.Commissioner Roberts suggested that the item be postponeduntil February 29, 2000.

AMENDED MOTION to POSTPONE the item to February 29, 2000.The maker and seconder agreed. Upon call for a vote, themotion carried 6-0. Commissioner Masilotti absent.

5.B.2. DELETED


5.B.3.

a.

DIRECT STAFF TO INSTALL “NO THRU TRUCKS OVER 7 TONS” SIGNS


ON LOXAHATCHEE RIVER ROAD, A FLASHING SIGNAL, AND A FOUR-WAYSTOP AT ROEBUCK ROAD AND LOXAHATCHEE RIVER ROAD, AND“EXCEEDING SPEED LIMIT WHEN FLASHING” SIGNS. APPROVED ASAMENDED 2-15-2000

b.

DIRECT STAFF TO INVESTIGATE AND INSTALL, AS APPROPRIATE, APATHWAY OR PORTIONS OF A PATHWAY ON THE EAST SIDE OFLOXAHATCHEE RIVER ROAD, INCLUDING SEPARATE LOCATIONS FORPAVED WAITING AREAS FOR BUS STUDENTS. APPROVED 2-15-2000

c. RESOLUTION R-2000-0250

RESOLUTION TO BE KNOWN AS THE LOXAHATCHEE RIVER ROAD SAFETYRESOLUTION, OUTLINING WHAT THE COUNTY WILL BE DOING IN THEFUTURE PERTAINING TO EXISTING AND FUTURE ROADS IN THENORTHERN PART OF THE COUNTY AND THE SOUTHERN PART OF MARTINCOUNTY, REQUESTING THAT MARTIN COUNTY COMMIT TO CERTAINACTIVITIES, SOME IN THE IMMEDIATE FUTURE AND SOME TIED TOTHE NEXT ACTION OF THE MARTIN COUNTY SECTION 28 LAWSUIT, ANDAUTHORIZING THE TRANSMITTAL OF THE RESOLUTION TO MARTINCOUNTY. ADOPTED AS AMENDED 2-15-2000

d.

DIRECT STAFF TO BRING BACK AN ALIGNMENT FOR THE COUNTY’SPORTION OF THE WESTERN CORRIDOR IN COOPERATION WITH THEPROPERTY OWNER, AND BEGIN TO OBTAIN RIGHT-OF-WAY, DESIGN,AND CONSTRUCTION COMMITMENTS FROM THE DEVELOPER/PROPERTYOWNER. APPROVED 2-15-2000

MOTION to approve the staff directions and to adopt theresolution. Motion by Commissioner Aaronson and seconded byCommissioner Marcus.

Commissioner Marcus pointed out that, during previous Boarddiscussion, it had been determined that the weight limit fortrucks would be 6 tons. She requested the weight limit bechanged from 7 tons to 6 tons in order to be consistent withMartin County. Also, there was no reference to a 12-monthtime frame for Martin County to amend its comprehensive planto add connection of the Western Corridor to Island Way.

AMENDED MOTION to change the weight limit for trucks from 7tons to 6 tons and to include language that Martin Countyhad 12 months from today to amend its comprehensive plan toadd connection of the Western Corridor to Island Way. Themaker and seconder agreed.



5.B.3. - CONTINUED

Martin County’s Senior Assistant County Attorney David Actoncommented that:

• Martin County asked that Island Way bereplaced with Jupiter River Drive for theinstallation of speed humps and other trafficcalming devices.

• Geographically, speed humps on IslandWay were unnecessary because all of the accesspoints onto Loxahatchee River Road were covered.

• The installation of speed humps onIsland Way required staff review and approval bythe Martin County Commissioners.

• Funding for improvements to JupiterRiver Drive, Loxahatchee River Road, and Pine TreeStreet had been approved.

• Commissioner Janet Gettig wanted it tobe known that she had not agreed to having thefunding of the Western Corridor included in theMartin County comprehensive plan funding elementas referenced under Subsection 4 of theresolution. Martin County requested that languagebe removed from the resolution.

PUBLIC COMMENT:

Judy Daversa, chair of Loxahatchee River Road CommunityCoalition, commented that they desired traffic to bedetoured from the residential area. She requested there beprovisions for other traffic-calming measures if in theinterim it was determined that the results of the currentmeasures did not turn out as expected. She also requestedschool crossing signs. Andy Rafkin suggested the creationof a no-truck zone between the Martin County line and theLoxahatchee Point community and that a Sheriff’s deputy bestationed in that area to enforce it.


• The Board did not want to remove thelanguage under Subsection 4 of the resolutionthat referenced having the funding of the WesternCorridor included in the Martin Countycomprehensive plan funding element.

• The Board could not dictate where theSheriff’s Office patrols. Mr. Rafkin could speakwith the Sheriff’s Office regarding enforcement of


a no-truck zone between the Marin County Line andthe Loxahatchee Point community, however.


5.B.3. - CONTINUED

• The County did not install schoolcrossing signs at every bus stop location.

• Staff would add language under Section4, 2(a) to read, “Install speed humps and othertraffic calming measures on Jupiter River Drive,Pine Tree Lane, and Loxahatchee River Road, northof Palm Beach County Line within no more than 120days of the date of this resolution,” and 2(b)“Monitor traffic fines and speeds on Island Way todetermine if the installation of traffic calmingmeasures may be appropriate.”

• Staff would add language under Section3, Item 4, to read, “Review the possibility ofinstalling warning signs for pedestrians/schoolchildren,” and Item 5, “Continue to look at othertraffic calming devices.”

• Staff would consider Countywideinstallation of warning signs forpedestrians/school children.

AMENDED MOTION to add the language as recommended by staff.The maker and seconder agreed. Upon call for a vote, themotion carried 6-0. Commissioner Masilotti absent.

5.C. OFFICE OF FINANCIAL MANAGEMENT AND BUDGET

5.C.1.

PRELIMINARY READING AND ADVERTISE FOR PUBLIC HEARING ONMARCH 21, 2000 AT 9:30 A.M., AN ORDINANCE AMENDING ORDINANCE95-10 ENTITLED THE SURPLUS PROPERTY ORDINANCE; AMENDINGSECTION 7, RECORDATION AND INVENTORY OF CERTAIN PROPERTY BYINCREASING THE CAPITALIZATION LEVEL FOR TANGIBLE PERSONALPROPERTY ASSETS FROM $500 TO $750. APPROVED 2-15-2000

MOTION to approve on preliminary reading and to advertisefor public hearing on March 21, 2000, at 9:30 a.m. Motionby Commissioner Roberts, seconded by Commissioner McCarty,and carried 6-0. Commissioner Masilotti absent.


5.C.2.

NEGOTIATED SETTLEMENT OFFER IN THE AMOUNT OF $32,500 FORFULL SATISFACTION OF A CODE ENFORCEMENT LIEN THAT WASENTERED AGAINST ANNE PETTERSEN ON OCTOBER 11, 1996, FOR CODEVIOLATIONS INVOLVING ACCUMULATIONS OF WASTE, YARD TRASH,RUBBLE, DEBRIS, AND UNCULTIVATED VEGETATION GREATER THAN 18INCHES IN HEIGHT. THE ACCUMULATED FINES AND INTERESTTHROUGH DECEMBER 22, 1999, TOTALED $121,449 OF WHICH MS.PETTERSEN AGREED TO PAY $32,500. APPROVED 2-15-2000

MOTION to approve the settlement offer. Motion byCommissioner Roberts, seconded by Commissioner Marcus, andcarried 6-0. Commissioner Masilotti absent.


5.D. ENVIRONMENTAL RESOURCES MANAGEMENT

5.D.1.

PRELIMINARY READING AND ADVERTISE FOR FIRST PUBLIC HEARINGON MARCH 7, 2000, AT 9:30 A.M., AN ORDINANCE AMENDINGORDINANCE 92-20, THE UNIFIED LAND DEVELOPMENT CODE, ASAMENDED; AMENDING THE ZONES OF INFLUENCE MAPS AS SET FORTHIN SECTION 9.3.E. APPROVED AS AMENDED 2-15-2000

MOTION to approve on preliminary reading and to advertisefor first public hearing on March 7, 2000, at 9:30 a.m.Motion by Commissioner McCarty and seconded by CommissionerRoberts.

Assistant County Attorney Berger informed the Board of acorrection in the ordinance title which would be changedfrom “inclusion in the code of laws and ordinances” to“inclusion in the Unified Land Development Code.”

(CLERK’S NOTE: The title had been corrected on the Additions,Deletions and Substitutions Sheet but not in the Agendaitem.)

AMENDED MOTION to change the ordinance title as recommendedby staff. The maker and seconder agreed. Upon call for avote, the motion carried 6-0. Commissioner Masilottiabsent.

5.E. PUBLIC SAFETY

5.E.1.

DIRECTION REGARDING ENTERING INTO A TWO-YEAR AGREEMENT WITH


BROWARD COUNTY AND MIAMI-DADE COUNTY FOR $140,000 ($70,000ANNUALLY) FOR THE CREATION OF A REGIONAL PEDIATRICPATHOLOGIST PROGRAM, WHICH INCLUDES THE SERVICES OF AREGIONAL PEDIATRIC PATHOLOGIST, TO BE LOCATED AND OPERATEDOUT OF THE BROWARD COUNTY MEDICAL EXAMINER’S OFFICE.POSTPONED TO MARCH 21, 2000 -- 2-15-2000

MOTION to approve entering into a two-year agreement.Motion by Commissioner Roberts.

MOTION DIED FOR A LACK OF SECOND.

Commissioner Roberts emphasized that entering into anagreement would better the lives of children through uniqueresearch that would be conducted by the program.Commissioner Lee concurred with Commissioner Roberts andpassed the gavel to Commissioner Newell.

MOTION to approve entering into a two-year agreement.Motion by Commissioner Roberts and seconded by CommissionerLee.


5.E.1. - CONTINUED

Commissioner Marcus asked how the budget for the program wasdetermined. Staff replied that Broward County presented theoriginal contract, which contained a proposal of $175,000per year for the salary of a pediatric pathologist, as wellas additional costs to run the office. Commissioner Marcussaid it was difficult to make a determination wheninsufficient data was provided. Staff advised that it wouldprobably be difficult to hire a board-certified forensicpathologist who specialized in pediatric pathology for$175,000. There would be costs associated with operatingthe department in addition to paying for the transport ofbodies to the facility. The County’s Medical Examiner wasof the opinion that this would probably be a good program.He did not know how it would be activated or what kind ofdata would be generated. He would not participate but wouldoccasionally utilize the services of the pediatricpathologist on a consultant basis. Commissioner Aaronsonsaid the costs for participation should be based upon thesize of each county, not divided equally.


SUBSTITUTE MOTION to POSTPONE the item to March 7, 2000.Motion by Commissioner Marcus and seconded by CommissionerAaronson.

Commissioner Aaronson said the Board would be leaving forTallahassee on March 7 and there may be insufficient time toconsider all of the items on the Agenda for that day.

AMENDED MOTION to POSTPONE to March 21, 2000. The maker andseconder agreed.

Commissioner Newell recommended a one-year contract.Commissioner McCarty stated concern that the Board could seta precedent by approving the item. She suggestedconsideration be given to the role of County governmentpaying money to gather data for research when the County hadother very specific responsibilities for which there wasinsufficient money.


• Submit the proposed agreement, a breakdown ofthe costs, and the anticipated results from the programto the Board for review.



5.F. PALM TRAN

5.F.1.

a.

AMENDED REQUEST FOR PROPOSAL (RFP) FOR A NEW PRIVATIZED BUSSHELTER PROGRAM WHICH INCORPORATES THE RECOMMENDED CHANGESTO THE SPECIFICATION DIRECTED BY THE BOARD ON AUGUST 24,1999. APPROVED 2-15-2000


b.

INCORPORATE, AS A SEPARATE REQUEST FOR PROPOSAL (RFP)OPTION, THE INCLUSION OF A NEW BUS BENCH ADVERTISING PROGRAMINTO THE BUS SHELTER RFP. APPROVED 2-15-2000


AMENDMENT 1 TO THE CONTRACT WITH THE WEST PALM BEACHJAYCEES; THE BOYS AND GIRLS CLUB OF PALM BEACH COUNTY, INC.;BIG BROTHERS/BIG SISTERS OF PALM BEACH COUNTY, INC.; PALMBEACH COUNTY SPECIAL OLYMPICS, INC.; AND METROPOLITANSYSTEMS, INC., TO EXTEND THE JULY 16, 2000, EXPIRATION DATEOF THE CURRENT BUS BENCH CONTRACT TO COINCIDE WITH THENOVEMBER 30, 2000, EXPIRATION DATE OF THE EXISTING BUSSHELTER ADVERTISING CONTRACT. (AMENDS R-88-2139-D)APPROVED AS AMENDED 2-15-2000

d.

NEW POLICY ALLOWING THE CITIES, AS AN INCENTIVE TO SUPPORTBUS SHELTER CONSTRUCTION WITHIN THEIR CITY, TO RECEIVE THEREVENUE GENERATED FROM SUCH SHELTERS. APPROVED 2-15-2000

MOTION to approve an amended Request for Proposal,incorporate a new bus bench advertising program, approve thecontract amendment, and approve a new policy. Motion byCommissioner Roberts and seconded by Commissioner Newell.

PUBLIC COMMENT:

Stanley Voice said that 100 new bus shelters in the firstyear were unnecessary, although the current shelters neededto be replaced. He said that bus benches had not beenAmericans with Disabilities Act (ADA)-compliant. GeoffreySluggett, stated his concern that there was insufficientright-of-way to build 300 shelters. He said that 100 forthe first year would be an adequate number. He suggestedthe County ask that the industry build as many as possiblebut with the stipulation that they be built only where therewere buildable locations with adequate right-of-way.


• Commissioner Aaronson wanted 300 benchesconstructed.

• The benches would be ADA-compliant.



5.F.1. - CONTINUED

• Staff would ensure that the materialsspecified in the bid were used for construction ofthe shelters and benches.

• Staff requested a new policy to allowmunicipalities to keep the revenue derived fromthe bus shelters as an incentive for their supportof locating additional bus shelters within themunicipalities.

• U.S. 1 was the busiest bus route thatwent through many municipalities.

• The Board wanted more than 100 sheltersconstructed within the first year.

• The Facilities Development andOperations Department had completed preliminaryassessments on approximately 300 sites. Therewere 87 sites Countywide that could be easilyconstructed because they did not have right-of-wayor utility relocation problems. It would takesome time for the contractor to mobilize and getthe shelters built, which was the reason staffrecommended 100 shelters for the first year.

• In addition to the 87 sites, staff hadlocated another 120 sites believed to be availableright away.

• Staff proposed to have approximately 50sites ready for construction annually beginningthe second year.

• Commissioner Roberts suggested 175 busshelters for construction the first year and 100for the second year.

• The current plan called for constructionof 100 new shelters in the first year. During thesecond year, 50 new shelters would be constructedplus the replacement of 40 old shelters.

• There was a need for more bus sheltersCountywide. The number of new shelters to beconstructed in the first year needed to beincreased. If a small company could not meet thatquota, then a larger company would be utilized.



5.F.1. - CONTINUED

• During previous discussions, it had beendetermined that approximately 400 shelters wereneeded immediately.

• The RFP should be amended to award bonuspoints for any company who could construct morethan the minimum number of requested shelterswithin a year.

• If Palm Tran were to expand, the buseshad to run on time and there had to be busshelters for the passengers.

• The bus shelter site project should behandled by some other department or some outsidecompany because the Facilities Development andOperations Department currently was overburdened.

• An outside consultant had done anassessment of the proposed sites to identifyright-of-way and utility easements. The 300proposed sites were all buildable.

• There were some municipalities that didnot want bus shelters, even if they did notcontain advertising.

• There were more stringent requirementsfor construction of a bus shelter than of a house.

• Commissioner Newell was of the opinionthat constructing 50 shelters per year was anaccomplishment because of the stringentrequirements and costs associated.

• Commissioner Aaronson did not believethat Palm Tran’s ridership would improve with theconstruction of 100 bus shelters the first yearand 50 each year thereafter.

• Communities that utilize federallyfunded buses had to provide a certain number ofbus shelters.

• The vendors could contact the


municipalities regarding construction of busshelters and advertising within the municipalboundaries.


5.F.1. - CONTINUED

• The Board wanted companies to be able toproduce as many shelters as possible within thefirst year.

AMENDED MOTION to amend the language to allow a minimum of150 new shelters to be constructed the first year and 100the second year and to amend the RFP to allow a point systemfor each additional bus shelter above the minimum numberrequested. The maker and seconder agreed.

• The County had provided funds throughthe Metropolitan Planning Organization (MPO) formunicipalities to build shelters withoutadvertising in their communities.

• Staff would amend the RFP and submit thechanges in the form of a memorandum to the Boardfor their review and comments.

• There was concern that if the RFPcontained a point system, a company could submitan unrealistic bid and return after being chosenwith excuses as to why the specified number ofshelters could not be built.

• It was recommended that a penalty clausebe placed in the contract whereby the companycould be penalized if it did not construct thenumber of shelters stated.

• Prospective advertising companies hadreceived copies of the consultant’s report and


said the figures were much too aggressive andagreed that 100 shelters the first year was arealistic number.

• Commissioner Marcus suggested leavingthe minimum number of shelters at 100 for thefirst year instead of giving bonus points tocompanies during the bid process. Based onconstruction performance for the first year, theBoard could change the minimum for the second yearfrom 50 to 100.

• Commissioner McCarty suggested adding astaff position to handle the acquisition of right-of-way and oversee the preparation of sheltersites. County Administrator Weisman said it wasan incentive for the vendors to perform thesefunctions themselves. The vendors would get theadvertising as quickly as possible because thatwas where they made their money. He did notrecommend the additional staff position becausevendors could blame the County for not providingthem with good sites or not doing the work fastenough. Furthermore, the companies could notacquire land. That had to be done by the County.


5.F.1. - CONTINUED


• Submit letters informing the municipalitiesthat funds were available through the MPO for busshelters.

REVISED AMENDED MOTION to amend the minimum number ofshelters for construction to 100 for the first and secondyears and 50 for the third, fourth, and fifth years.Facilities Development and Operations would turn the 150problem bus shelter sites over to the consultant. Languagewas to be included in the RFP for the vendors to contact themunicipalities regarding the construction of bus sheltersand advertising within the municipalities. The maker andseconder agreed. Upon call for a vote, the motion carried6-0. Commissioner Masilotti absent.

5.G. HOUSING AND COMMUNITY DEVELOPMENT

5.G.1.


a.

CONCEPTUALLY APPROVE THE COMMISSION ON AFFORDABLE HOUSINGCYCLE V COMPETITIVE RENTAL PROGRAM AWARD FOR $218,000 INFUNDING FOR HTF COMP99 - 1R - MARINA BAY APARTMENTS (192UNITS). THESE ARE STATE HOUSING INITIATIVE PARTNERSHIPPROGRAM FUNDS AND REQUIRE NO MATCHING AD VALOREM DOLLARS.CONCEPTUALLY APPROVED FOR ELDERLY ONLY 2-15-2000

b.

CONCEPTUALLY APPROVE THE COMMISSION ON AFFORDABLE HOUSINGCYCLE V COMPETITIVE RENTAL PROGRAM AWARD FOR $132,000 INFUNDING FOR HTF COMP99 - 2R - PRESIDENTIAL APARTMENTS (132UNITS). THESE ARE STATE HOUSING INITIATIVE PARTNERSHIPPROGRAM FUNDS AND REQUIRE NO MATCHING AD VALOREM DOLLARS.DISCUSSED WITH DIRECTION 2-15-2000

c.

CONCEPTUALLY APPROVE THE COMMISSION ON AFFORDABLE HOUSINGCYCLE V COMPETITIVE RENTAL PROGRAM AWARD FOR $150,000 INFUNDING FOR HTF COMP99 - 3R - AZALEA PLACE (150 UNITS).THESE ARE STATE HOUSING INITIATIVE PARTNERSHIP (SHIP)PROGRAM FUNDS AND REQUIRE NO MATCHING AD VALOREM DOLLARS.CONCEPTUALLY APPROVED 2-15-2000

MOTION to conceptually approve the Commission on AffordableHousing Competitive Rental Program awards and to establish ahome ownership program utilizing the State Home OwnershipProgram as a pattern but with a 7.5 percent rent set-asideto be used for the purchase of a home by the tenant. Motionby Commissioner Roberts.

MOTION DIED FOR LACK OF A SECOND.


5.G.1. - CONTINUED

Commissioner Roberts said that for the last five years thestate had had a home ownership program that had beenaccepted by the Florida Housing Finance Corporation.

MOTION 1 to conceptually approve Items A, B, and C in theamounts listed. Motion by Commissioner McCarty and secondedby Commissioner Marcus.

Commissioners McCarty said it was her understanding that the


Marina Bay Apartments would be for the elderly and would notparticipate in the home ownership program.


Commissioner Roberts said the Commission on AffordableHousing (CAH) also recommended establishment of a homeownership program. She recommended the County pattern itsprogram after the state’s current program but with a 7.5percent rent set-aside instead of the 5 percent required bythe state.

MOTION 2 to establish a home ownership program utilizing theState Home Ownership Program as a pattern but with a 7.5percent rent set-aside to be used for the purchase of a homeby the tenant. Motion by Commissioner Roberts and secondedby Commissioner McCarty.

Assistant County Attorney Tammy Fields explained the CAH hadrecommended that a certain amount of the contract rent beset aside for the tenants toward home ownership. AssistantCounty Administrator Baker said that staff would review thestate program and submit a report when the contract for theCompetitive Rental Program awards was brought back. Therecommendation was that the 7.5 percent set-aside be held inan interest-bearing escrow account for a deposit towardpurchase of a home. The tenants would go before the CAHwith the deposit to get subsidy for a home. It would takefour to six years at 7.5 percent to accumulate enough moneyto qualify for subsidy for a home.

Commissioner Roberts noted that the state program did notallow for money to be taken up front and put into an escrowaccount. The tenant had to rent for two years and have themoney available within two years. Housing and CommunityDevelopment Director Remar M. Harvin commented that thecontract rent for the Azalea Place property would be paid bythe tenant. Some of the developments had subsidies, and itwould be unfair to require the developer to pay the rent anda portion toward the set-aside. Staff had reservationsabout an escrow account because, if anything unfortunatehappened to the development, those funds would be lost.Therefore, the set-aside dollars should be in the County’scontrol. If a tenant left within five years or was evicted,he or she would not receive any of the set-aside money.That money would go to the developer.



5.G.1. - CONTINUED

Commissioner Aaronson said he would not support therecommended program until he had reviewed adequateinformation to make a determination. Mr. Harvin said theprojects were on a fast track and staff would return withcontracts for the rental program awards. Two of thedevelopers’ proposals had to be submitted to the state byMarch 8, 2000, and the County had to have the funds expendedby June 30, 2001. Staff would meet with CommissionerRoberts and address the Board’s concerns. CommissionerMarcus said she was uncomfortable giving any direction untilthe CAH made a formal recommendation regarding the homeownership program. Commissioner Roberts said that, althoughthere may not have been a quorum at the CAH meeting when thehome ownership program was discussed, the committee didsubmit a recommendation that was listed as Attachment 4 tothe item.

Paula Ryan, president of White Oak, said the CAHrecommendation was not presented to them in the originalagenda item and they had not been able to attend the CAHworkshop. She was later contacted and had agreed to therecommended 7.5 percent set-aside. There was a question ofwhat consideration would be placed upon the elderly projectssince there was nothing about them in the Request forProposal, Ms. Ryan continued. She said the other twoprojects had deadlines because they were trying to acquireadditional funds from the state. Her company had closed onits financing with the Palm Beach County Housing FinanceAuthority and with the equity provider. The home ownershipprogram already existed in their land use restrictionsagreement. She agreed to the recommended set-aside as longas it worked within the financing parameters of the project.

Ms. Fields recommended that staff discuss the issue with theCAH and negotiate with the developer. Staff would notsubmit contracts to the Board before March 7, 2000. Basedon the Board’s actions today, staff would issue a letter ofcommitment to the developers, which would be used in theirapplication for state funding. A contract would not besubmitted to the Board until the developers had received allof the other funding for the projects, Ms. Fields said.

Commissioner Marcus stated that the appropriate time for theBoard to discuss the home ownership program would be afterthe CAH had its next meeting and submitted its formalrecommendation. Staff would then make a recommendationregarding the contract for the developers. CommissionerRoberts wanted assurance that the home ownership program didnot prohibit the developer from paying off the mortgage.She was concerned that the $3.2 million in state fundingmight not be expended by the July 2000 deadline.



5.G.1. - CONTINUED

SECOND TO MOTION 2 WITHDRAWN.

Commissioner McCarty withdrew her second to Motion 2. Shesaid that when the County and the municipalities had similarfunds available it was Board policy to expend County dollarstoward projects in the unincorporated area and to let themunicipalities expend their funds for projects locatedwithin the municipalities. Ms. McCarty had a concern thatthe City of West Palm Beach had obtained federal funds thatwere used for the funding of Azalea Place but not forPresidential Apartments. Both projects were located withinthe city. She suggested the Board reconsider Motion 1 andapprove the item contingent upon the City of West Palm Beachassisting with the funding of Presidential Apartments.

Commissioner Roberts said that the Presidential Apartmentsproject would assist in the reduction of traffic in the areabecause seniors did less driving. She asked that theapproval not be contingent upon the city’s participation butthat the city be urged to participate in the funding.Commissioner Aaronson concurred that the approval should becontingent upon the city’s participation in the funding ofPresidential Apartments. Mr. Harvin informed the Board of afederal mandate that required municipalities to sign anagreement to provide funding for qualified projects in orderto participate under the County’s funding program. Henoted that state funds would be used for the CompetitiveRental Program awards, however. There was no legal mandateas for federal funds, though the Board could choose to makeit a policy requirement.

Commissioner Roberts explained that the projects would moveforward without the additional funding from the County orcity. The additional funding was an incentive to encouragelow-income housing and to make the low-income projectsbetter and more attractive. Ms. Fields said that Form 5 hadto be attached to the developer’s application for funding.She expressed concern with Mr. Weisman signing Form 5 unlessthe Board’s commitment to funding of the projects was madecontingent upon matching funding from West Palm Beach. Theintent was to prevent legal repercussions if the Board didnot approve the loan agreement. Commissioner Newellrecommended a delay in the signing of the form.Commissioner Roberts said that it would be unfair to seniorresidents not to move forward with the projects.


MOTION 3 to reconsider Motion 1. Motion by CommissionerMcCarty, seconded by Commissioner Aaronson, and carried 4-2.Commissioners Newell and Roberts opposed. CommissionerMasilotti absent.

MOTION 4 to conceptually approve Items A and C in theamounts listed. Motion by Commissioner McCarty, seconded byCommissioner Newell, and carried 5-1. Commissioner Robertsopposed. Commissioner Masilotti absent.


5.G.1. - CONTINUED

Commissioner Newell recommended the record indicate thatMarina Bay was for the elderly.

MOTION 5 to reconsider Motion 4. Motion by CommissionerMcCarty, seconded by Commissioner Newell, and carried 6-0.Commissioner Masilotti absent.

MOTION 6 to conceptually approve Items A and C at theamounts listed, with A only for the elderly. Motion byCommissioner McCarty, seconded by Commissioner Newell, andcarried 6-0. Commissioner Masilotti absent.


• Meet with the City of West Palm Beach todiscuss the Board’s desire for a partnership in thefunding of Presidential Apartments and report back onFebruary 29, 2000.

• Schedule a joint workshop with the Commissionon Affordable Housing.

(CLERK’S NOTE: Commissioner Newell left the meeting.)

5.H. COUNTY ADMINISTRATION

5.H.1. See Page 23.

6. BOARD APPOINTMENTS

6.A. PLANNING, ZONING AND BUILDING

6.A.1.

REAPPOINTMENTS OF BRIAN BROWN, MAURICE JACOBSON, AND RICHARD


KLEISLEY TO THE BUILDING CODE ADVISORY BOARD FOR THREEYEARS. APPROVED 2-15-2000

MOTION to approve the reappointments. Motion byCommissioner McCarty, seconded by Commissioner Marcus, andcarried 5-0. Commissioners Masilotti and Newell absent.

(CLERK’S NOTE: Commissioner McCarty left the meeting.)

BOARD APPOINTMENTS - CONTINUED

6.B. COMMUNITY SERVICES

6.B.1.

APPOINTMENTS OF L. PAUL BROWN (TERM TO EXPIRE NOVEMBER 13,2002) AND IVAN GOLDBERG (TERM TO EXPIRE NOVEMBER 13, 2002)AND THE REAPPOINTMENTS OF ANITA R. FINLEY (TERM TO EXPIRENOVEMBER 13, 2002), RICHARD L. GALETA (TERM TO EXPIRENOVEMBER 13, 2002), AND JOSÉ R. THOMAS-RICHARDS (TERM TOEXPIRE NOVEMBER 13, 2001) TO THE CITIZENS ADVISORY COMMITTEEON HEALTH AND HUMAN SERVICES. STAFF RECOMMENDED MOVING JOSÉR. THOMAS-RICHARDS FROM THE HUMAN SERVICES/SOCIAL ANDECONOMIC SERVICES CATEGORY TO THE HEALTH SERVICES/PHYSICALHEALTH CATEGORY TO ENABLE A BALANCED REPRESENTATION ON THECOMMITTEE. APPROVED 2-15-2000

MOTION to approve the appointments and reappointments.Motion by Commissioner Marcus, seconded by CommissionerRoberts, and carried 4-0. Commissioners McCarty, Masilotti,and Newell absent.

6.B.2.

APPOINTMENT OF STEVEN TURNER AND THE REAPPOINTMENTS OFRHONDA CLINTON, WILLIAM FEAMAN, ETHEL HENRY, W. WAYNEMONROE, JR., AND MURIEL WILLIAMS TO THE HEAD START POLICYCOUNCIL FOR A TERM OF THREE YEARS. APPROVED 2-15-2000

MOTION to approve the appointment and reappointments.


Motion by Commissioner Marcus, seconded by CommissionerAaronson, and carried 4-0. Commissioners McCarty,Masilotti, and Newell absent.

6.C. COMMISSION DISTRICT APPOINTMENTS - See CommissionerComments

(CLERK’S NOTE: Commissioner McCarty rejoined the meetingand Commissioner Roberts left.)

ITEM PULLED FROM THE CONSENT AGENDA

3.A.1.

RECEIVE AND FILE ANNUAL REPORTS FOR THE OFFICE OF SMALLBUSINESS ASSISTANCE WHICH PROVIDES STATISTICAL DATA ONMINORITY/WOMEN BUSINESS ENTERPRISE (M/WBE) PROGRAMPARTICIPATION DURING FISCAL YEAR 1998 AND STATISTICAL DATAON THE SMALL BUSINESS PROGRAM DURING FISCAL YEAR 1999.APPROVED 2-15-2000

County Administrator Weisman said that Commissioner Newellhad pulled the item to note that the County had met itsM/WBE goals for the prior years.

MOTION to receive and file the annual reports. Motion byCommissioner Marcus, seconded by Commissioner Aaronson, andcarried 4-0. Commissioners Masilotti, Newell, and Robertsabsent.

7. STAFF COMMENTS7.A. ADMINISTRATION

7.A.1.

LETTER OF DEFAULT TO AAA WHEEL CHAIR AND WAGON SERVICES,INC., DBA AMBULETTE OF THE PALM BEACHES. APPROVED TO RATIFYCOUNTY ADMINISTRATOR’S ACTIONS 2-15-2000

County Administrator Weisman noted receipt of letters fromKaren Caputo, president of Ambulette of the Palm Beaches,questioning the County’s notice of default sent to her lastweek regarding the company’s paratransit services. Twoweeks ago the Board discussed the issue of the poor qualityof services and gave all of the SpecTran providers 90 daysto improve their services. Staff said they did not believethat Ms. Caputo had responded properly to the prior warningnotice given to her and therefore issued the notice ofdefault. Staff would meet with Ms. Caputo and, if thecompany’s services improved, the contract would not becanceled. Mr. Weisman requested confirmation from the Boardthat, in trying to ensure that the providers meet their


contract obligations, staff was not in violation of Boarddirection. The Board informally agreed that if the servicesprovided by Ambulette of the Palm Beaches did not meetcontract requirements, staff was to terminate the contract.

No backup submitted.

MOTION to ratify staff’s actions regarding Ambulette of thePalm Beaches noncompliance with contract requirements.Motion by Commissioner Aaronson, seconded by CommissionerMarcus, and carried 4-0. Commissioners Masilotti, Newell,and Roberts absent.

7.B. COUNTY ATTORNEY - None

8. COMMISSIONER COMMENTS

8.A. COMMISSIONER KAREN T. MARCUS

8.A.1.

EVERGLADES RESTORATION FUNDING. DISCUSSED 2-15-2000

Commissioner Marcus said the Board needed to take a positionon the Everglades Restoration Program funding. Governor JebBush had proposed that South Florida Water ManagementDistrict (SFWMD) pay $100 million as its portion of the $2billion program cost. There were efforts to organize thecounties and South Florida Water Management District becauseof the governor’s proposal. The concern was that SFWMD didnot have $100 million to expend annually from its budget,which meant the counties would have to pay the cost. Theconcept was unrealistic, she said. The most appropriate wayto fund the program would be with document stamps, andRepresentative Sharon Merchant had proposed a bill for suchfunding. Ms. Marcus asked that staff place an itemregarding the use of document stamps to fund the EvergladesRestoration Program on the Agenda for the February 29, 2000,Board meeting.


COMMISSIONER COMMENTS - CONTINUED

8.A.2.

COORDINATION BETWEEN THE BOARD AND STAFF REGARDING THELEGISLATIVE PROCESS. DISCUSSED 2-15-2000

Commissioner Marcus stated concern that staff had beenmaking recommendations to the Legislative Delegationregarding bills without coordinating with the Board. Therewas a local bill being sponsored to change the makeup of theSeminole Trails Water Control District. The Board wasunaware of certain items contained in the bill with which


staff was in agreement. She asked if the matter could bescheduled for the February 29, 2000, meeting.


8.A.3.

REAPPOINTMENT OF PAUL ACKERMAN TO THE AVIATION AND AIRPORTADVISORY BOARD. APPROVED 2-15-2000


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

8.B. COMMISSIONER CAROL A. ROBERTS - None

8.C. COMMISSIONER WARREN H. NEWELL - None

8.D. COMMISSIONER MARY MCCARTY

8.D.1.

REMOVAL OF ILLEGAL BILLBOARDS. DISCUSSED 2-15-2000

Commissioner McCarty asked if staff could address the issueof the removal of illegal billboards sooner than May 2000.County Administrator Weisman said that staff would reportback on what could be done to expedite the matter.


8.E. COMMISSIONER BURT AARONSON - None

8.F. COMMISSIONER TONY MASILOTTI

8.F.1. DELETED

8.F.2.

REAPPOINTMENT OF DIANA ECCLESTONE TO THE TOURIST DEVELOPMENTCOUNCIL. APPROVED 2-15-2000


MOTION to approve the reappointment. Motion by CommissionerAaronson on Commissioner Masilotti’s behalf, seconded byCommissioner Marcus, and carried 4-0. CommissionersMasilotti, Newell, and Roberts absent.

COMMISSIONER COMMENTS - CONTINUED8.F.3.

REAPPOINTMENT OF HERBERT HOFFMAN TO THE AVIATION AND AIRPORTADVISORY BOARD. APPROVED 2-15-2000



MOTION to approve the reappointment. Motion by CommissionerAaronson on Commissioner Masilotti’s behalf, seconded byCommissioner Marcus, and carried 4-0. CommissionersMasilotti, Newell, and Roberts absent.

8.G. COMMISSIONER MAUDE FORD LEE

8.G.1. See Page 20.

8.G.2.

REQUESTS FOR COMMISSIONERS TO SERVE AS REPRESENTATIVES ONCOMMITTEES. DISCUSSED 2-15-2000

Commissioner Lee noted her receipt of several requests forCommissioners to serve as County representatives oncommittees. Senator Ron Klein had requested arepresentative on the Technology Industry Committee andCommissioner Aaronson had agreed to serve. The Departmentof Children and Family Services had requested arepresentative to serve on the Community Health Alliancecoordinated by the Child Welfare Services Committee andCommissioner McCarty had agreed to serve. Commissioner Leeasked for someone to replace her on the Canvassing Board andCommissioner McCarty recommended Commissioner Roberts. Ms.Lee said that she would ask Commissioner Roberts to serve.


8.G.3.

APPOINTMENT OF LIA GAINES TO THE TOURIST DEVELOPMENTCOUNCIL. APPROVED 2-15-2000


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

9. ADJOURNMENT

The Chair declared the meeting adjourned at 5:05 p.m.

ATTESTED: APPROVED:

Clerk Chair

Documents

MEETING: BOARD OF COUNTY COMMISSIONERS, REGULAR 1. … · 2018-10-23 · waste, yard trash, rubble and debris and uncultivated vegetation greater than eighteen (18) inches in height