ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
APRIL 10, 2007
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 7 - 46)
4. SPECIAL
PRESENTATIONS - 9:30 A.M.
(Page 47)
5. PUBLIC HEARINGS - 9:30
A.M. (Page 48)
6. REGULAR
AGENDA (Pages 49 - 51)
7. BOARD
APPOINTMENTS (Pages 52 – 56)
8. MATTERS
BY THE PUBLIC - 2:00 P.M. (Page 57)
9. STAFF
COMMENTS (Page 58)
10. COMMISSIONER
COMMENTS (Page 59)
11. ADJOURNMENT (Page 59)
* * * * * * * * * * *
APRIL 10, 2007
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Municipal
Home Rule Powers Act Resolution from City of West Palm Beach
3A-2 Consumer
Choice Act of 2007 Resolutions from various municipalities
3A-3 Florida
East Coast Corridor Resolution from City of Hollywood, Florida
3A-4 Contract
with FEMA for the Hazard Mitigation Grant Program
Page 8
3A-5 Escrow
Agreement with The Scripps Research Institute and U.S. Bank
3A-6 Memorandum
of Agreement between City of Miramar and PBSO
3A-7 Contract
with Florida Atlantic University for Strategic Economic Development Plan
3A-8 Budget
transfers/amendment for the Schall Circle Neighborhood Park project
Page 9
3A-9 Grant
Agreement with Lake Okeechobee Regional Economic Alliance
B. CLERK & COMPTROLLER
Page 9
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claim settlements list
Page 10
3B-4 Change
orders, work task orders, minor contracts, final payments during January 2007
C. ENGINEERING & PUBLIC WORKS
Page 10
3C-1 Contract
with Lanzo Lining Services for Loxahatchee River Rd and Eagle’s Nest culverts
3C-2 Amendment
No. 3 with FDOT for widening and resurfacing of Okeechobee Blvd.
3C-3 Subordination
of Utility Interests from Seacoast Utility Authority for parcel of land on
Military Tr.
Page 11
3C-4 Resolution
declaring acquisition of Parcel GW-01 for Gateway Blvd & Congress Ave intersection improvements
3C-5 Budget
Transfer for Edgehill Road, Upland Way and Westchester Drive speed humps
3C-6 JPA
with City of West Palm Beach for traffic signal at Broadway & 49th
Street
3C-7 Research
Agreement with UF for Traffic Crash Data Entry, Query, Reporting, Mapping
System
Page 12
3C-8 Agreements
with Keshavarz & Associates and Last Devenport for civil engineering
services
3C-9 Agreement
with Civil Design, Inc. for design of projects for MSTU Districts “A” – “E”
3C-10 Landscape Architectural
Service Agreement with Land Stewardship Company
3C-11 First Amendment with UF for
Traffic Crash Data Entry, Query, Reporting, Mapping System
3C-12 Contract with Florida
Blacktop, Inc. for annual concrete bus stop pad construction
Page 13
3C-13 Agreement with Roy-Fisher
Associates for landscape architectural services
3C-14 Resolution amending special
assessment for Sutton Terrace
3C-15 Resolution vacating drainage
and utility easements within Sherbrooke Center Replat
Page 14
3C-16 Budget transfers/amendment for
Only Trees, Irrigation & Sod Program
3C-17 Resolution vacating 12 foot
wide utility easement within Lot 26, Boca Hamlet
3C-18 Resolution transferring
jurisdictional control to City of Delray Beach for Jefferson Rd
3C-19 JPA with Village of Wellington
for utility adjustments along Greenview Shores Blvd
Page 15
3C-20 Contract with Seacoast, Inc.
for Boca Club Bascule Bridge maintenance and repair
3C-21 Deleted
3C-22 Agreement with Journey’s End
Homeowners Association for traffic control jurisdiction
3C-23 Tender Agreement with Carolina
Casualty Company, J.W. Cheatham and Petro Hydro, Inc. relating
to SR 80 & Forest Hill Blvd intersection improvements
Page 16
3C-24 Budget transfers for a County Industrial Land Study
APRIL 10, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
D. COUNTY ATTORNEY
Page 16
3D-1 Settlement
Agreement in the personal injury case of Janos Varga
3D-2 Proposal
for settlement in the personal injury case of Connie Rae Vangorder
3D-3 Agreement
for bond council services with Holland & Knight, LLP
E. COMMUNITY SERVICES - None
F. AIRPORTS
Page 16
3F-1 Utility
Easement Agreement with FPL within PBIA
Page 17
3F-2 Change
Order No. 5 with David Brooks Enterprises for Administration Building
3F-3 Agreement
for Cancellation of lease with Florida Department of Juvenile Justice
Page 18
3F-4 Resolution
approving standard Executive Hangar Lease Agreement
3F-5 Access
Agreement with URS Southern Corp. and FDEP relating to the former Servico Landfill
3F-6 First
Amendment with Kaplan, Kirsch & Rockwell for consulting/professional
services
3F-7 Receive
and file standard agreements for Airports
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 19
3G-1 Stipulated
Settlement in the case of Clemente Rodriquez for code enforcement lien
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 19
3H-1 Amendment
No. 2 with H.A. Contracting Corp. for annual general contractor services
3H-2 Agreement
with U.S. Dept. of Homeland Security for County’s 800 MHz radio system
Page 20
3H-3 First
Amendment with Solid Waste Authority for County’s 800 MHz radio system
3H-4 Planning
Funding Agreement with Nextel Operations for Phase II related to 800 MHz radio
3H-5 CSA
No. 5 with Hanson Professional Services for additional engineering services
Page 21
3H-6 Change
Order No. 35 with The Weitz Company for South County Courthouse modifications
3H-7 Change
Order No. 4 with Republic Construction & Development for Fire Rescue
Station 41
3H-8 CSA
No. 9 with STH Architectural Group for design of the new Mid-County Head Start
Center
Page 22
3H-9 Budget
transfers to reallocate funding for five (5) projects
3H-10 Extension of Lease Agreement with Floral Acres for 38 acres in Ag
Reserve
Page 23
3H-11 Easement in favor of Lake Worth Drainage District relative to South
County Regional Park
3H-12 Declaration of Easement relative to the Vista Office Complex
3H-13 Declaration of Easement relative to the Operations & Support
Center @ Vista Center
Page 24
3H-14 Resolution conveying County’s interest in two (2) vacant parcels to
the City of Delray Beach
3H-15 Utility Easement Agreement in favor of FPL for Sheriff’s substation
on Jog Road
Page 25
3H-16 Resolution conveying County’s interest in 0.07 acres to City of
Belle Glade
3H-17 Extension of Sublease Agreement with DMS and FDOT for use of 800 MHz
Tower
Page 26
3H-18 Extension of Lease Agreement with Bedner Farm, Inc. for 246 acres
for agricultural use
3H-19 Declaration of Easement relative to Mecca Property
3H-20 Utility Easement Agreement in favor of FPL relative to Burt Reynolds
Park
3H-21 Utility Easement Agreement in favor of Town of Jupiter relative to
Burt Reynolds Park
Page 27
3H-22 Extension of Lease Agreement with Jewish Community Facilities Corp.
for use of 1,770 sq. ft. building
in unincorporated Boca Raton
3H-23 Temporary Construction Easement in favor of FDOT at Canal Point
Community Park
3H-24 BMC Replat No. 2
3H-25 Utility Easement Agreement in favor of FPL relative to Vista Center
APRIL 10, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H.
FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
Page 28
3H-26 Agreement for Exchange with South Florida Water
Management District for property located south of SR 80 and L-7
Levee and east of County Road 880
I. HOUSING & COMMUNITY DEVELOPMENT
Page 29
3I-1 Sixth
Amendment to State Housing Initiative Partnership Local Housing Assistance Plan
J. PLANNING, ZONING & BUILDING
Page 30
3J-1 Resolution
granting a County tax exemption for 1 historic property in City of West Palm
Beach
3J-2 Resolutions
granting 5 County tax exemptions for 4 historic properties in Town of Palm
Beach
K. WATER UTILITIES
Page 31
3K-1 CSA
No. 3 with CH2M Hill for Asset Management & Maximo Coordination project
3K-2 Resolution
revising sections of the Uniform Policies and Procedures Manual
3K-3 Work
Authorization No. 1 with Foster Marine Contractors for Century Village
Reclaimed Water
Page 32
3K-4 First
Amendment to Standard Development Agreement with Boynton Beach Associates
3K-5 Receive
and file four (4) standard agreements for WUD
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 33
3L-1 Budget
amendments/transfers for sale of land to Solid Waste Authority
Page 34
3L-2 Amendment
No. 1 with FDEP for projects within the Chain of Lakes system
3L-3 Loxahatchee
River Preservation Initiative Contract with SFWMD for Limestone Creek project
M. PARKS & RECREATION
Page 35
3M-1 Agreement
with City of Riviera Beach for Back to School Give-A-Way event
3M-2 Agreement
with Armory Art Center for 2007 Summer Art Camp program
3M-3 Agreement
with Bangladesh Association for 2007 Asian Food Fair
3M-4 Agreement
with Towards a More Perfect Union for Community Youth program
3M-5 Agreement
with Community Child Care Center for Beacon Center Media Club Teen program
3M-6 Agreement
with City of West Palm Beach for Kaleidoscope 2007 event
Page 36
3M-7 Agreement
with Florence Fuller Child Development Centers for After School program
3M-8 Agreement
with Compass for 2006 Pridefest Festival
3M-9 Agreement
with ASPIRA of Florida for Media Art Literacy – Mural project
3M-10 Agreement with Knights of Pythagoras Mentoring Network for Y2K ’06
Tennis Jamboree
3M-11 School Board RAP project for Cypress Trails Elementary sound system
Page 37
3M-12 School Board RAP project for Loxahatchee Groves Elementary special
needs playground
3M-13 School Board RAP project for Timber Trace Elementary for playground
equipment
3M-14 First Amendment with The Acreage Athletic League for uniforms and
equipment
3M-15 First Amendment with Morikami, Inc. for semi-permanent tent
structure
Page 38
3M-16 Executed Independent Contractor Agreements
3M-17 District 5 RAP allocation for soccer summer camp program fees
Page 39
3M-18 Agreement with City of Boynton Beach for Little League Park field
improvements
3M-19 Resolution approving Florida Fish and Wildlife Conservation
Commission grant for Moroso Park boating improvement
project
Page 40
3M-20 Budget Transfer for Phil Foster Park boat ramp improvements
APRIL 10, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
N. LIBRARY
Page 40
3N-1 Read
Down Your Fines amnesty program for children
P. COOPERATIVE EXTENSION SERVICE
Page 40
3P-1 Amendment
No. 1 with Ray’s Heritage processing and packaging facility in Belle Glade
Q. CRIMINAL JUSTICE COMMISSION - None
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 40
3S-1 Receive
and file standard agreements for Fire Rescue
Page 41
3S-2 Extension
of 2005-2006 State Homeland Security Grant Program MOU
3S-3 Write-off
of uncollectible Fire Rescue receivables
3S-4 Interlocal
Agreement relating to sale of Fire Rescue vehicle and equipment
3S-5 First
Amendment with City of Belle Glade for provision of fire protection and
emergency medical services
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES - None
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 42
3X-1 Agreement
with Boca Raton Community Hospital for medical decontamination equipment
3X-2 Agreement
with Xavier Garcia for veterinary services
3X-3 Agreement
with Palm Beach County Medical Society for training to Special Medical Response
Team
3X-4 Contract
with FDCA for grant funds to update Emergency Management Plan
3X-5 Executed
agreement under the Ft. Lauderdale Urban Areas Security Initiative
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN
Page 43
3AA-1 Agreement with SunFest to provide shuttle service to SunFest 2007
event
BB. SHERIFF
Page 43
3BB-1 Grant for Florida’s Domestic Security Strategic Plan from Dept. of
Law Enforcement
3BB-2 Grant Adjustment Notice amending Regional Domestic Security Task
Force grant
3BB-3 Grant Adjustment Notice amending “DNA Capacity Enhancement Program”
grant
Page 44
3BB-4 Grant Adjustment Notice amending “Solving Cold Cases with DNA
Program” grant
3BB-5 Grant Adjustment Notice amending “Paul Coverdell National Forensic
Sciences Improvement Act” grant
APRIL 10, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
BB.
SHERIFF (Cont’d)
Page 45
3BB-6 Budget transfer to various prevention and reduction of crime
programs
3BB-7 National Institute of Justice “DNA Capacity Enhancement Program”
Cooperative Agreement
Page 46
3BB-8 Grant Adjustment Notice amending Regional Domestic Security Task
Force grants
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 47
4A One of the 100 Best Communities for Young
People
4B Child Abuse Prevention Month
4C Fair Housing Month
4D Pets are Wonderful Month
4E Water Conservation Month
4F Drowning Prevention Awareness Month
4G Victims’ Rights Week
4H Sexual Assault Awareness Month
4I Certificate of Appreciation to Vivian
Palmer
4J Yom Hashoah Remembrance Day
4K Days of Remembrance of the Victims of the
Holocaust
4L Public Safety Telecommunicators Week
PUBLIC HEARINGS - 9:30 A.M.
Page 48
5A Amended
Certificate of Public Convenience and Necessity for Barton Protection Services
5B Budget
amendments/transfers to adjust FY 2007 budgets
REGULAR AGENDA
ADMINISTRATION
Page 49
6A-1 Presentation
of the 2007 Legislative Session update
6A-2 Criminal
Justice Commission’s Executive Director selection
COMMUNITY SERVICES
Page 49
6B-1 Contract
with Haitian American Community Council for services to refugees and immigrants
OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
Page 50
6C-1 Procedures
for Selection and Rotation of Disclosure Council regarding bond issues
6C-2 Resolution
authorizing issuance Convention Center Hotel project bonds
HOUSING
& COMMUNITY DEVELOPMENT
Page 51
6D-1 Repayment
to the Robert E. Pinchuck Memorial Housing Trust Fund
SHERIFF
Page 51
6E-1 Budget
Transfer for purchase replacement vehicles
BOARD
APPOINTMENTS (Pages 52 - 56)
MATTERS BY THE PUBLIC – 2:00 P.M.
(Page 57)
STAFF
COMMENTS (Page 58)
COMMISSIONER
COMMENTS (Page 59)
ADJOURNMENT (Page 59)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends motion to receive and file: Resolution No. R80-07 by the City Commission of the City of West Palm Beach, supporting and endorsing the principals of the Municipal Home Rule Powers Act.
2. Staff recommends motion to receive and file: Resolutions by the following municipalities expressing opposition to House Bill 529 (H529), known as the “Consumer Choice Act of 2007”, urging Florida Legislature representatives to refrain from any form of support or co-sponsorship of H529 and to vote in opposition to H529, requesting Governor Crist to advise the House and Senate leadership that he does not support H529 in advance of the opening of the 2007 Regular Session:
A) City of Boca Raton (Resolution No. 20-2007);
B) City of Delray Beach (Resolution No. 15-07);
C) Town of Juno Beach (Resolution No. 2007-6);
D) Town of Lake Clarke Shores (Resolution No. 07-04)
E) Town of Ocean Ridge (Resolution No. 2007-03); and
F) Town of Palm Beach (Resolution No. 10-07)
3. Staff recommends motion to receive and file: Resolution No. R2007-65 by the City Commission of the City of Hollywood, Florida in support of the Florida Department of Transportation and its affiliated regional transportation agencies to recommend strategic investment in the Florida East Coast Corridor areas to expand local and regional passenger services in that area to meet the growing transit needs and complement freight industry growth in the southeast Florida area.
4. Staff recommends
motion to approve:
A) entering into a Contract with Federal
Emergency Management Agency (FEMA) for a grant to complete the design of
drainage improvements as part of the Hazard Mitigation Grant Program; and
B) Budget
Amendment of $48,750 in the Capital Outlay Fund to recognize funding from FEMA
for the Hazard Mitigation Grant and appropriate it to Grove Street Outfall
(Briarwood). Additionally, a $1,300
administrative cost allowance may be received increasing the Grant amount to
$50,050.
Summary: FEMA has approved a Phase I
Grant in the amount of $48,750 for the design of a drainage system serving the
Grove Street area located along Military Trail between Southern Boulevard and
Belvedere Road. The grant requires a 25%
cost share with the County, meaning the total design cost is $65,000. Additionally, a Phase II Grant for
construction of the drainage facilities has been approved contingent upon the
cost-benefit ratio meeting FEMA’s requirements after the completion of the
design. The Phase II approval will be brought back to the Board at the
conclusion of the Phase I contract. District
6 (MJ)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION (Cont’d)
5. Staff recommends
motion to approve: an Escrow Agreement with The Scripps Research
Institute (Scripps) and U.S. Bank. SUMMARY: On May 2, 2006, the Board approved a Grant
Agreement with Scripps (R2006-0803). The
Grant Agreement requires Scripps to establish an escrow account and to deposit
$5,000,000 in the account. The County
has the right to withdraw funds from the escrow account under certain limited
circumstances. Countywide (LMB)
6. Staff recommends
motion to receive and file: original
executed Memorandum of Agreement between the City of Miramar and the
Palm Beach County Sheriff’s Office for the Ft. Lauderdale Urban Area Security
Initiative (UASI) FY2006 Grant Program for a total grant amount of
$1,684,487. SUMMARY: This grant agreement was accepted by the BCC
on December 19, 2006 (Agenda Item 3BB2), subsequently the agreement was fully
executed. The agreement provides $698,600
in reimbursable funding for various direct law enforcement oriented domestic
security activities and $985,887 in reimbursable funding for Regional Security projects,
effective until January 31, 2008. Countywide (DW)
7. Staff recommends
motion to approve: a $35,010
Contract with Florida Atlantic University Board of Trustees (FAU) commencing
retroactively on April 1, 2007 and ending September 30, 2007 to establish
measurable benchmark performance standards and assess businesses and citizens
input of the County's Strategic Economic Development Plan. This Contract is
currently funded in the Department’s 2006-2007 fiscal year budget. SUMMARY:
In fiscal years 2005 and 2006, FAU
assisted in the production of a phased
economic development planning process and in the update of the County's
Strategic Economic Development Plan. The
proposed $35,010 Contract with FAU will assist in the implementation of the
County’s adopted Strategic Economic Plan. The scope of services outlined for this
Contract is to: a) establish a monitoring system of the Palm Beach County
Strategic Economic Development Plan (SEDP) action items within the five (5) strategic
directions of prosperity, sustainability, quality of life, equity &
education, and positioning; b) identify
a process for confirming the lead agency and partner agency participation for
each SEDP action item; c) work with lead
agencies and the Economic Development Office to identify potential funding
sources to implement the Palm Beach County SEDP; d) establish focus groups, identify
participants, set up process for input gathering and for progress assessment on
each action item; and f) provide quarterly updates on the progress of the SEDP
implementation and assessment. Countywide
(DW)
8. Staff recommends
motion to approve:
A) expenditure
in the amount of $60,000 from the Capital Outlay Fund to increase funding for
the Schall Circle Neighborhood Park project;
B) a Budget Transfer of $30,000 from the
Transportation Improvement Fund Reserves for District 2 to the Schall Circle
Neighborhood Park project;
C) a
Budget Transfer of $30,000 in the Capital Outlay Fund from CCRT Recoup Funding
to Schall Circle Neighborhood Park project; and
D) a
Budget Amendment of $30,000 in the Capital Outlay Fund to recognize and
appropriate the transfer from the Transportation Fund.
SUMMARY: The above project
was reviewed and recommended for funding by the Countywide Community
Revitalization Team (CCRT) Committee in September 2000 and approved by the
Board of County Commissioners on October 24, 2000. The additional funds are needed to replace a
drainage ditch near the park site. District 2 (AH)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION (Cont’d)
9. Staff recommends
motion to approve:
A) a
Grant Agreement with the Lake Okeechobee Regional Economic (LORE) Alliance of
Palm Beach County, Inc. to administer a conceptual design and facade/exterior
improvement program totaling $200,000 for
projects that will increase the economic vitality in the County's Lake
Okeechobee region;
B) a Budget
Transfer of $200,000 within the Capital Outlay Fund from the CCRT Business
Frontage Improvement Grant Project to transfer to the Economic Development
Fund; and
C) a Budget
Amendment of $200,000 in the Economic Development Fund to recognize the
transfer from the Capital Outlay Fund to increase the project budget.
SUMMARY: This Agreement
will assist LORE in administering a conceptual design and facade/exterior
improvement program for participating business/property owners. The
scope of services outlined for this FY 2007 contract includes: 1) coordinating
a survey team with local government representatives and professionals to
identify a minimum of ten (10) targeted project sites; 2) selecting qualified
architect(s) to preserve the character of the area and to create conceptual
design drawings with timelines and costs; 3) qualifying businesses/property owners for
conceptual designs and facade/exterior improvements through an application
process; 4) providing lists of licensed
landscape architects, professional engineers and licensed/bonded construction
companies that work in the Lake region and are in good standing; 5)
coordinating with the business incubator and financial institutions; and 6) completing a total of five (5) projects
with at least one (1) project in each of the Cities of Belle Glade, South Bay,
Pahokee and unincorporated Canal Point within 24 months. These funds will cover $60,000 for
architectural services, $120,000 for facade/exterior improvements and $20,000
for administration for a total of $200,000.
Funds for improvements will be 100% matched or better by
business/property owners. District 6 (DW)
B. CLERK & COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners= meetings:
Meeting Type Meeting
Date
Comprehensive
Plan November
13, 2006
Public
Hearing December
19, 2006
Zoning January
4, 2007
Regular January
9, 2007
Joint
School Board/League of Cities January
17, 2007
Workshop January
23, 2007
Workshop February
13, 2007
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER (Cont’d)
4. Staff recommends
motion to receive and file:
change orders, work task orders, minor contracts, final payments and
other items approved by the Contract Review Committee and by the department
heads for the Engineering Department; Facilities Development and Operations
Department; Water Utilities Department; Environmental Resources Management Department;
and the Department of Airports during January 2007. Countywide
C. ENGINEERING & PUBLIC WORKS
1. Staff recommends
motion to approve: a Contract with Lanzo Lining Services, Inc.,
the lowest responsive, responsible bidder, in the amount of $159,885, for the
construction of Loxahatchee River Road and Eagle’s Nest Drive culvert
improvements. SUMMARY: The plans consist of all work necessary to
line the existing culverts under Loxahatchee River Road and Eagle’s Nest Drive
with a flexible tube. The Small Business
Enterprise (SBE) goal for the Project is 15%.
The SBE participation committed for the project by Lanzo Lining
Services, Inc., is 14.95% overall. The
second low bidder, Insituform Technologies, Inc., committed to 12.92% SBE
participation. Since no bidders were
responsive to the SBE requirement, as per our ordinance, the contract should be
awarded to Lanzo Lining Services, Inc., since they have more than 7% SBE
participation. District 1 (MRE)
2. Staff recommends
motion to:
A) approve Amendment Number Three (R2001-2157) to the County Incentive Grant
Program (CIGP) Agreement with the State of Florida Department of Transportation
(FDOT), approved on December 18, 2001, to add Transportation Regional Incentive
Program (TRIP) funds to the Agreement.
This Amendment will add an additional amount of $17,483,000, which will
bring the total Agreement amount to $23,983,000 for the construction of
SR-704/Okeechobee Boulevard from west of SR-7 to east of Jog Road widening and
resurfacing improvements; and
B) adopt
a Resolution concerning this Agreement.
SUMMARY: This
action approves an Amendment to the CIGP Agreement with FDOT for the widening
and resurfacing of SR-704/Okeechobee Boulevard from 0.5 miles west of SR-7 to
0.1 miles east of Jog Road. This
Amendment adds funding of $17,483,000 from the TRIP to the CIGP Agreement. Districts 2 & 6 (PFK)
3. Staff recommends
motion to approve: a
Subordination of Utility Interests from Seacoast Utility Authority (Seacoast)
releasing their interests to Palm Beach County (County) in a parcel of land
located on the west side of Military Trail south of Hood Road. SUMMARY: This action approves a Subordination of
Utility Interests which releases the interests of Seacoast in a parcel of land
required for a right turn lane on Military Trail. This Subordination of Utility Interests
requires the County to pay for any future relocation costs of the utility
facilities when and if requested by the County.
District 1 (PFK)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING & PUBLIC WORKS (Cont’d)
4. Staff recommends motion
to adopt: a Resolution declaring
the acquisition of property known as Parcel GW-01, as a Partial Take in Fee
Simple for Right-of-Way, for the improvement of the intersection of Gateway
Boulevard and Congress Avenue. SUMMARY: This action will adopt a Resolution to
authorize the filing of eminent domain proceedings against one (1) parcel whose
total appraised value is $7,000. District
3 (PM)
5. Staff recommends
motion to approve: a Budget Transfer of $88,000 in the
Transportation Improvement Fund from Reserve for District 2 to Edgehill Road,
Upland Way, and Westchester Drive Speed Humps - District 2. SUMMARY: The District 2 Transportation Improvement
Fund will pay for the requested speed humps on Edgehill Road, Upland Way and
Westchester Drive to improve safety and reduce speeding. District 2 (MRE)
6. Staff recommends
motion to approve:
A) a Joint Project
Participation Agreement (JPA) with the City of West Palm Beach for the
construction of an emergency mast arm traffic signal at the intersection of
Broadway Avenue (SR 5/US 1) and 49th Street; and
B) a Budget Amendment
of $350,000 in the Transportation Improvement Fund to recognize the
participation of the City of West Palm Beach in this project and appropriate it
to West Palm Beach Signal-Broadway Avenue and 49th Street.
SUMMARY: The City of West Palm Beach will reimburse
the County for the full cost of the design and construction of an emergency
mast arm traffic signal on Broadway Avenue (SR 5/US 1), a State and US road, at
the intersection with 49th Street, a City-maintained roadway. The City has built and currently operates a
fire station on the corner of the intersection.
There is no County participation
in funding the cost of this project. District
2 (MRE)
7. Staff recommends
motion to approve:
A) a Research
Agreement with the University of Florida (UF), Board of Trustees to provide
software services to develop additional features for enhancing the recently
developed Traffic Crash Data Entry, Query, Reporting, and Mapping System for
the Engineering Department, for a total cost not-to-exceed $26,600; and
B) a Budget Transfer
of $26,600 in the County Transportation Trust Fund from Traffic Operations - Professional
Service lines link to Crash Data Entry System.
SUMMARY: The proposed Research Agreement will add new
Geographic Information System analysis and visualization features for enhancing
the recently developed Crash Data System for a cost not-to-exceed $26,600. Most of the phases of the Crash Data System
were developed by UF in 2006, with funding provided by a federal grant through
the Florida Department of Transportation. The remaining phases of the system, which were
not included in the first Agreement, were developed by UF under a subsequent
Agreement, with funding provided by the County.
Countywide (MRE)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING & PUBLIC WORKS (Cont’d)
8. Staff recommends
motion to approve: Agreements
with Keshavarz & Associates, Inc., (KAI), and Last Devenport, Inc. (LDI) to
provide the necessary professional services for civil engineering services on a
task order basis for Countywide projects, as required. SUMMARY: These Agreements will provide the necessary
professional services for civil engineering services throughout the County for
all user departments. At the option of
the County, these Agreements will be renewed annually for a period of one (1)
year, with a maximum of two (2) renewals.
Countywide (PFK)
9. Staff recommends
motion to approve: an Agreement
with Civil Design, Inc. (CDI) to provide the necessary professional services
for the design of projects within MSTU Districts “A” through “E” on a task order
basis, for Countywide projects, as required.
SUMMARY: This Agreement
will provide the necessary professional services for the design of various
projects within MSTU Districts “A through E” throughout the County for all user
departments. At the option of the
County, this Agreement will be renewed annually for a period of one (1) year,
with a maximum of two (2) renewals. Countywide
(PFK)
10. Staff recommends
motion to approve: the renewal
of the Landscape Architectural Service Agreement with the following:
Original
Firm Name Agreement Date
Resolution No.
Land
Stewardship Company March 14, 2006 R2006-0441.1
SUMMARY: This Agreement is being considered for renewal for required professional services, on a task order basis. Countywide (PFK)
11. Staff recommends
motion to approve: the First
Amendment to Resolution No. 2006-0813, a Research Agreement with the University
of Florida (UF) to provide software services to develop additional phases for
the new Traffic Crash Data Entry, Query, Reporting, and Mapping System approved
on May 16, 2006. SUMMARY: This Research
Agreement provides for the development of additional phases for the new Traffic
Crash Data Entry, Query, Reporting, and Mapping System. Some of the software development phases
involve close coordination with the County Information Systems Services (ISS)
Department. This coordination requires
more time than previously envisioned.
This Amendment will extend the date for completion of the work from
March 1, 2007 to December 31, 2007.
Except for the time extension, all terms and conditions of the Agreement
remain in full force and effect. Countywide (LB)
12. Staff recommends
motion to approve: a Contract
not-to-exceed the total value of $150,000 for task orders which may be issued
to Florida Blacktop, Inc., the lowest responsive, responsible bidder, for the
Annual Concrete Bus Stop Pad Construction Contract. SUMMARY: The Contract consists of various tasks,
including construction of bus turn-out bays, concrete pads for placement of bus
stop shelters, asphalt and concrete pathways and miscellaneous concrete
works. All tasks will be initiated by
Work Order on an as needed basis as required by Palm Tran, the sole user. Work under the Contract is federally
funded. Palm Beach County programs for
Local Business Preference, Living Wage and Small Business Participation are
superseded or negated by the Federal requirements and contract pages concerning
these Palm Beach County provisions have been denoted as not applicable. The contractor has satisfied the Federal
contract requirements. Countywide (MRE)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING & PUBLIC WORKS (Cont’d)
13. Staff recommends
motion to approve: an Agreement
with Roy-Fisher Associates, Inc. (RFA) to provide the necessary professional
services for Landscape Architectural Services on a task order basis for
Countywide projects, as required. SUMMARY: This Agreement will provide the necessary
professional services for Landscape Architectural Services throughout the
County for all user departments. At the
option of the County, this Agreement will be renewed annually for a period of
one (1) year, with a maximum of two (2) renewals. Countywide (PFK)
14. Staff recommends
motion to:
A) approve a Budget Transfer of $34,000 in the Capital
Outlay Fund from Holt Estates - Design, Pavement/Drainage Improvements - Sutton
Terrace to Transfers -Transfer to Municipal Service Taxing Unit (MSTU) District
“F” Fund;
B) approve a Budget Transfer of $56,357 in the Transportation Improvement Fund from Reserve for District 2 to Transfers
- Transfer to MSTU District “F” Fund;
C) approve a Budget Amendment of $90,357 in the MSTU
District “F” Fund to recognize the transfer from the Capital Outlay Fund of
$34,000 and the transfer from the Transportation Improvement Fund of $56,357,
and appropriate them to Reserves;
D) adopt a Resolution amending the special assessment for the Sutton Terrace,
from the dead end east to Military Trail paving improvement project (Project),
Section 12, Township 44 South, Range 42 East, Palm Beach County Atlas Page
Number 80, F 22, under the Palm Beach County MSTU Street Improvement Program,
and confirming all assessments have been paid;
E) approve a request to issue refunds for any properties that have paid any
portion of their assessments in accordance with policies and practices; and
F) approve official transfer of Sutton Terrace to
County-owned and maintained roadway.
SUMMARY: The
Budget Transfer of $34,000 (A) from the Office of Community Revitalization
(OCR) Capital Outlay Fund into the MSTU District “F” Fund is to complete the
OCR funding portion for Sutton Terrace Street
improvements paving and drainage project (Project). The Budget Transfer of $56,357 (B) from
Commission District 2 funds into the MSTU District “F” Fund is to pay the
property owners assessments in full. Adoption
of the amending Resolution provides that property owners’ assessments have been
paid in full. Sutton Terrace will be
transferred from being a County courtesy maintained roadway to being a County
maintained roadway. District 2/MSTU
District “B” (MRE)
15. Staff recommends
motion to adopt: a Resolution
vacating certain interior drainage and utility easements within Sherbrooke
Center Replat, Multiple Use Planned Development, recorded in Plat Book 87,
Pages 56 - 58, Public Records of Palm Beach County, Florida. SUMMARY: This petition site is located on the
northeast corner of Lyons Road and Lantana Road. The petitioner is requesting the vacation
because certain platted easements interior to the site conflict with the
recently approved modifications to the Preliminary Development Plan. District 6 (PFK)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING & PUBLIC WORKS (Cont’d)
16. Staff recommends
motion to approve:
A) a Budget Transfer of $600,000 in the Municipal Services Taxing Unit
(MSTU) District “D” Fund from Reserves to SR-7/US 441 from 0.7 mile north of
Clint Moore Road to Glades Road Streetscape Project;
B) a Budget Transfer of $600,000 in the Transportation Improvement Fund
from Reserve - Irrigation Unincorporated Only Trees, Irrigation and Sod (OTIS)
Program to Transfers - Transfer to MSTU District “F” Fund; and
C) a Budget Amendment of $600,000 in the MSTU District “F” Fund to
recognize the transfer from the Transportation Improvement Fund and appropriate
it to Reserves -MSTU District “F”.
SUMMARY: Palm
Beach County (County) Engineering Services wishes to fund a Transportation
Improvement Fund Unincorporated OTIS Project using Municipal Services Taxing
Unit (MSTU) District “D” funds. The
Transportation Improvement Transfer will reimburse MSTU District “F” $600,000
from Transportation Improvement Fund Unincorporated OTIS funds for the
construction of the Project. The Budget
Amendment will recognize the transfer of $600,000 from the Transportation
Improvement Fund Unincorporated OTIS to the MSTU District “F” Fund. District 5 (MRE)
17. Staff recommends
motion to adopt: a Resolution
vacating a portion of a twelve (12) foot wide utility easement, lying within
Lot 26, Boca Hamlet, as recorded in Plat Book 45, Pages 8 and 9, Public Records
of Palm Beach County, Florida. SUMMARY: This petition site is located south of
Palmetto Park Road, east of the Florida Turnpike. The owner/petitioner is requesting the
vacation to resolve a conflict with the proposed construction of a six (6) foot
high masonry wall. District 4 (PFK)
18. Staff recommends
motion to adopt: a Resolution
transferring jurisdictional control, maintenance responsibilities, and
ownership to the City of Delray Beach (City) for Jefferson Road from Military
Trail east to Whatley Road, Lincoln Road from Jefferson Road south then east to
Whatley Road and Whatley Road from Lincoln Road north to West Atlantic
Avenue. SUMMARY: This action will
adopt a Resolution giving the City control, responsibility, and ownership of
Jefferson Road, Lincoln Road and Whatley Road.
These roads are wholly within the City limits. The City has agreed to the transfer of the
responsibility for operation and maintenance of the public rights-of-way of
Lincoln Road, Jefferson Road and Whatley Road from Palm Beach County to the
City of Delray Beach. District 4 (MRE)
19. Staff recommends
motion to approve: a Joint Project
Participation/Funding Agreement for the total estimated cost of $308,370 with
the Village of Wellington (Village) for the construction of utility adjustments
to the water and sanitary transmission systems and other improvements along
Greenview Shores Boulevard from South Shore Boulevard to Wellington Trace
(Project). SUMMARY: As part of the
Project, the County and the Village desire to jointly participate in the
utility adjustments to the water distribution and sewage transmission systems,
and other improvements along the right-of-way.
The Village of Wellington agrees to reimburse the County for the cost of
these utility adjustments and other improvements. The total estimated costs for the utility
construction are $308,370. This
Agreement will allow the Village’s utility adjustments and other improvements
to occur as a component of the County’s construction. District 6 (MRE)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING & PUBLIC WORKS (Cont’d)
20. Staff recommends
motion to approve:
A) a Budget Transfer of $789,953 in the Transportation Improvement Fund
from Reserves - Road Program Sweeps to Boca Club Bascule Bridge repair; and
B) a Contract with Seacoast, Inc., the lowest responsive, responsible
bidder, in the amount of $1,695,654 for the Boca Club Bascule Bridge Maintenance
and Repair Contract (Project).
SUMMARY: The Project
consists of the metal bridge deck replacement, repairs of the steel superstructure
of the lift span, painting, and replacement of the walls of the bridge tender
house. The Small Business Enterprise
(SBE) goal for the Project is 15%. The
low bidder, Seacoast, Inc., obtained
no SBE participation. However, the only
other bidder, Abhe & Svoboda, Inc., achieved 6.4% participation, but falls
outside the limit for ranking, based on bid amount of responsive bidders’
consideration. District 4 (MRE)
21. DELETED
22. Staff recommends
motion to approve: an Agreement
with Journey’s End Home Owners Association Incorporated for traffic control
jurisdiction to be performed by the Sheriff’s Office. SUMMARY: This Agreement authorizes the Palm Beach
County Sheriff’s Office to provide traffic control enforcement services within
the above-referenced private residential community. District 3 (MRE)
23. Staff recommends
motion to approve:
A) a
Tender Agreement between Palm Beach County, Carolina Casualty Company, J.W.
Cheatham, Inc., and Petro Hydro, Inc., relating to Project 2003600, State Road
80 and Forest Hill Boulevard intersection improvements; and
B) a
Budget Transfer of $297,417 in the Road Impact Fee Fund - Zone 3 to recognize a
payment from Carolina Casualty Company as surety for Petro Hydro, Inc., and
appropriate it to State Road 80 and Forest Hill intersection improvements as
additional cost to complete the project by a substitute contractor.
SUMMARY: In
February 2006, Palm Beach County and Petro Hydro, Inc., entered into a contract
for Project No. 2003600 for intersection improvements at State Road 80 and
Forest Hill Boulevard. In September
2006, the Board terminated Petro Hydro’s rights to complete the work on the
project due to their failure to prosecute the work in a manner satisfactory to
the County. The parties have negotiated
a settlement of the claims made by each of them and, as a result, Carolina
Casualty Company is tendering J. W. Cheatham, Inc. as the completing contractor
for the project, and has provided the County with a check in the amount of
$297,416.12 to cover the increased costs of completing the project. District 6 (JM)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING &
PUBLIC WORKS (Cont’d)
24. Staff recommends motion to approve:
A) a Budget Transfer of $5,000 in the Transportation Improvement Fund from Reserve for District 2 to Cabana Colony Local Drainage; and
B) a Budget Transfer of $5,000 in the Capital Outlay Fund from Cabana Colony Local Drainage to Countywide Industrial Lands Study - District 2.
SUMMARY: Pursuant to
Resolution R93-802, these Budget Transfers will provide payment of $5,000 to
the Town of Lantana, as the Multi-Jurisdictional Program clearinghouse, for a
County Industrial Land Study. Countywide (MRE)
D. COUNTY ATTORNEY
1. Staff
recommends motion to approve: Settlement
Agreement in the amount of $75,000, inclusive of attorney’s fees and costs, in
the personal injury case of Janos Varga v. Palm Beach County, Case No. 2005 CA
008367 AA. SUMMARY: On
February 17, 2004, Mr. Varga allegedly drove his car into a pothole
approximately two (2) feet deep causing him to “bottom out” and get stuck. When his right rear wheel went into the
pothole, his neck snapped back and he had immediate discomfort in his neck. The pothole was repaired before and after the
accident due to persistent deterioration. Plaintiff sued the County seeking damages for
personal injuries incurred. Staff,
including the Risk Management Roundtable Committee and the Road and Bridge
Department concurs that this settlement is in the best interest of Palm Beach
County. Countywide (SCL)
2. Staff
recommends motion to approve: Plaintiff’s
proposal for settlement in the amount of $65,000, inclusive of attorney’s fees
and costs, in the personal injury case of Connie Rae Vangorder v. Palm Beach
County, Case No. CA 06-009595 AI. SUMMARY: The
Plaintiff alleges that while stopped behind a garbage truck on Melaleuca Road,
she was rear-ended by a truck driven by a Parks employee. Plaintiff sued the County seeking damages for
personal injuries incurred. Staff,
including the Risk Management Roundtable Committee, as well as the Parks and
Recreation Department, concur that settlement is in the best interest of the
County. Countywide (SCL)
3. Staff recommends
motion to approve: an Agreement for bond counsel services with
the law firm of Holland & Knight, LLP.
SUMMARY: At the
March 13, 2007 meeting, the Board replaced the law firm of Moyle, Flanigan, Katz, Raymond, White &
Krasker, P.A. with the law firm of Holland & Knight, LLP on the
County’s bond counsel rotation list. The
term of the Agreement with Holland & Knight will be from the date of
execution through December 31, 2008. Countywide
(PFK)
F. AIRPORTS
1. Staff recommends
motion to approve: the Utility
Easement Agreement with Florida Power and Light Company (FPL) containing
approximately 100 square feet located within Palm Beach International Airport
(PBIA) lease parcel N-11 to provide
electrical service to the irrigation pump for the Belvedere Streetscape
project. SUMMARY: FPL is requesting a 10’ easement to provide
electrical power to the new irrigation pump for the Belvedere Streetscape
project. The easement will allow
electrical service to be provided over the County property. The easement will benefit the County’s tenant
and is therefore being provided at no cost to FPL. Countywide (LMB)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS (Cont’d)
2. Staff recommends
motion to approve: Change Order
No. 5 to the contract with David Brooks Enterprises, Inc. in the amount of
$176,295 and an additional 65 calendar days for the Administration Building and
Communications Facility Project at Palm Beach International Airport (PBIA). SUMMARY:
On August 15, 2006, the BCC approved the construction contract
(R2006-1408) with David Brooks Enterprises, Inc. for construction services for
the Administration Building and
Communications Facility Project PBIA in the amount of $10,997,000. On December 6, 2006, the Contract Review
Committee reviewed Change Order No. 1 (increase in Builders Risk Insurance) and
Change Order No. 2 (to substitute a different elevator manufacturer). Change Order No. 1 was subsequently voided
and Change Order No. 2 was approved for a deduction in the amount of
($57,880). There was no change in the
contract time. On November 22, 2006, the
Department of Airports approved Change Order No. 3 in the amount of $23,903 and
a time extension of 21 calendar days for the relocation of trees not in the
contract. On February 12, 2007, the
Department of Airports approved Change Order No. 4 in the amount of $41,629 for
underground utility conflicts. There was
no change in the contract time. Change
Order No. 5 includes the resolution of six (6) Contract Change Proposals
(CCP’s). Approval of Change Order No. 5 will allow David Brooks
Enterprises, Inc. to complete the necessary work as described in the
attachments. In addition, this Change
Order increases the contract time by a total of 65 calendar days. The
Disadvantaged Business Enterprise (DBE) participation for this Change Order is
13.64 %. The total DBE contract goal
including all change orders is 8.08%. Countywide
(JCM)
3. Staff recommends
motion to:
A) approve the Agreement for Cancellation of Lease Agreement with the State of Florida Department of Juvenile Justice effective September 30, 2007;
B) adopt a Resolution of the Board of County Commissioners of Palm Beach County, Florida, authorizing the lease of certain real property to State of Florida Department of Juvenile Justice pursuant to Section 125.38, Florida Statutes; and providing for an effective date;
C) approve the Lease Agreement with the State of Florida Department of Juvenile Justice with a commencement date of October 1, 2007 and terminating on September 30, 2011 with an initial annual rental of $241,201 and annual increases of three (3) percent; and
D) approve the State of Florida Department of Management Services Disclosure Statement pursuant to Section 255.2501, Florida Statutes.
SUMMARY: On June 19, 2003, the Board approved a Lease
Agreement (R2003-1337) with the State of Florida Department of Juvenile Justice
(DJJ) for the lease of 28,921 sq. ft. of building space, associated parking,
and ground totaling 4.22 acres (Premises) located at 3400 Belvedere Road for
the evaluation, processing and treatment of juveniles and administrative
offices. The Lease Agreement provided
for a five (5) year term effective July 1, 2003 and terminating on June 30,
2008. On September 27, 2005, the Board
approved the Agreement for Modification (R2005-1863) with the DJJ which
provided a reduction in the DJJ leasehold by .666 acres. The DJJ desires to terminate the existing
Lease Agreement and enter into a new Agreement which will provide for a new
four (4) year term effective October 1, 2007.
The new Lease Agreement will add 39 months to the existing term. Countywide (LMB)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
4. Staff recommends motion to adopt: a Resolution approving a revised standard
form Executive Hangar Lease Agreement (Agreement); authorizing the County
Administrator or his designee to execute the standard form Agreement;
authorizing certain changes to the standard form Agreement; repealing
Resolution R95-846; and providing for an effective date. SUMMARY: The
Resolution provides for a new standard form Agreement that may be executed by
the County Administrator or his designee.
The Resolution will allow minor modification to the standard form
Agreement which will include updating insurance changes. The Agreement can be used immediately for the
lease of the existing executive hangars at the North County General Aviation
Airport and in the future at any other County-owned airport with similar
facilities. Countywide (LMB)
5. Staff recommends
motion to approve: the Access
Agreement with URS Southern Corporation and the State of Florida Department of
Environmental Protection (FDEP) for the purpose of conducting a soil and
groundwater investigation at the former Servico Landfill located partially on
Palm Beach International Airport (PBIA) property. SUMMARY: URS
Southern Corporation has an agreement with FDEP to prepare an environmental
assessment in the vicinity of the former Servico Landfill. The landfill was located predominantly south
of Belvedere Road and east of Australian Avenue. The purpose of the assessment is to determine
if contaminants are migrating off-site of the former landfill. In order to provide the data required URS
will need to conduct soil sampling and groundwater monitoring in two (2) areas
located on PBIA property which requires County approval for access to the
property. Countywide (LMB)
6. Staff recommends
motion to approve: a First Amendment to contract for
consulting/professional services with Kaplan, Kirsch & Rockwell, LLP,
extending the term of the contract to April 10, 2008 and increasing the
not-to-exceed amount to $100,000. SUMMARY: The Amendment will extend the term of the
existing contract for consulting/professional services with Kaplan, Kirsch
& Rockwell, LLP, (R2006-0756) to April 1, 2008, with two (2) - one (1) year
options to renew. The Amendment also
provides for an increase in the not-to-exceed amount from $50,000 to $100,000
and an expansion in the scope of services to provide for additional regulatory
consulting services. Countywide (LMB)
7. Staff recommends motion to receive
and file: three (3) original agreements for the Department of Airports:
A) Agreement to Terminate Hangar Lease Agreement with Captain’s Creek, Hangar 13, Building 11730, effective February 28, 2007;
B) Agreement to Terminate Hangar Lease Agreement with Melvin Marx, Hangar 3, Building 11230, effective February 28, 2007; and
C) Contract with HYPOWER, INC. for Runway 9R-27L Omni-Directional REILS project at PBI, effective February 6, 2007.
SUMMARY: Delegation of authority for execution of the
standard County agreements above was approved by the BCC in R2004-1367 pursuant
to PPM CW-0-51. Delegation of authority
for execution of the standard County contract is pursuant to PPM CW-F-064. Countywide (LMB)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve: a Stipulated Settlement of $11,000, in the
case Clemente Rodriguez vs. Palm Beach County Planning Zoning & Building
Department, Case Number 502006SC015735XXXXMB, for the full satisfaction of
a Code Enforcement Lien that was entered against Clemente & Nimia Rodriguez
on June 1, 2005. Summary: The Code Enforcement Special Master
(CESM) entered an Order on April 6, 2005 giving Clemente & Nimia Rodriguez until April 21, 2005, to cease the
outdoor storage of inoperable and/or unlicensed vehicles on the property. Compliance with the CESM’s Order was not
achieved by the ordered compliance date and a fine in the amount of $50 per day
was imposed. The CESM then entered a
claim of lien against the Rodriguezes
on June 1, 2005. The cited code
violations were fully corrected as of March 30, 2006. The total accumulated lien amount through
August 31, 2006, the month in which settlement discussions first began, totaled
$21,846.68, of which the Rodriguezes
have agreed, pursuant to the court approved Stipulation of Settlement entered
on February 15, 2007, to pay the County $11,000 (50.4%) for full settlement of
their outstanding Code Enforcement Lien.
District 3 (DO)
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve: Amendment No.
2 to contract with H.A. Contracting Corp. (R2005-0541) to implement the final
renewal of Job Order Contract -North.
Summary: This agenda item is a renewal to the Job Order
Contract - North which was awarded to H.A. Contracting Corp. The contractor will continue to perform as an
“annual general contractor” for implementation of maintenance and capital
projects. This Job Order Contract (JOC)
is an indefinite-quantity contract and this renewal has a maximum value of
$1,500,000. The renewal term is twelve
(12) months or until $1,500,000 in work orders are issued. Staff is bringing forward the Amendment at
this time based on pending work which would exceed the value assigned to the
contract. All terms of the original
contract remain in effect. This is the
second and final extension allowed by the Contract. The SBE goals for the JOC program are 15%.
H.A. Contracting Corp.’s participation for work orders issued to date is
15.1%. (FDO Admin) Countywide (JM)
2. Staff recommends
motion to approve: Agreement
with the United States Department of Homeland Security, Immigration and Customs
Enforcement, Federal Protective Service Police, Region 4 (FPS) allowing for
interoperable communications through the countywide common groups of the
County’s 800 MHz radio system. Summary: This Agreement provides the conditions under
which the FPS can program into its radios and utilize the countywide common
talk groups for certain types of inter-agency communications. The County’s system will not be utilized for
routine operational communications by the FPS.
The terms of the Agreement are standard and have been offered to all
municipalities and local branches of state and federal agencies with 800 MHz
trunked radio capabilities. There are no
charges associated with this Agreement.
The FPS is required to pay all costs associated with subscriber units
and to comply with the established operating procedures for the system. The term of the agreement is five (5) years
with three (3) - five (5) year renewals.
The Agreement may be terminated by either party, with or without
cause. (FDO/ESS) Countywide (JM)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
3. Staff recommends
motion to approve: First
Amendment to the Agreement with the Solid Waste Authority (SWA) of Palm Beach
County (R2002-2063) to extend the term of the Agreement until November 19,
2012. Summary: The Agreement which provides the terms and conditions under which the
SWA can program into its radios and utilize the countywide common talk groups
for certain types of inter-agency communications will expire on November 19,
2007. The Agreement provides for three
(3) - five (5) year renewals but renewals require approval by both parties. The SWA has approved a renewal to extend the
term of the Agreement until November 19, 2012. The renewal now requires Board
approval. The terms of the Agreement are
standard and have been offered to all municipalities and local branches of
federal agencies with 800 MHz trunked radio capabilities. There are no charges associated with this
Agreement. The SWA is required to pay
all costs associated with subscriber units and to comply with the established
operating procedures for the System. The
Agreement may be terminated by either party, with or without cause. (FDO/ESS)
Countywide (JM)
4. Staff recommends
motion to:
A) approve Planning Funding Agreement with Nextel Operations, Inc. (Nextel) for
Nextel to pay for the planning activities necessary for the second phase of
reconfiguration of the County’s frequencies on the 800 MHz radio band;
B) approve Reconfiguration Planning Phase Agreement with Motorola, Inc. (Motorola)
for Motorola to provide reconfiguration planning phase services required for
the County’s frequencies on the 800 MHz radio band; and
C) authorize County Administrator, or his designee, to sign Consent to Release
Information by Rebanding Licensee and Certificate of Completion for Planning
Funding Work Agreements within the Motorola Agreement.
Summary:
The
Agreement with Nextel provides the terms and conditions under which Nextel will
pay for the planning activities which precede reconfiguration of the County’s
frequencies on the 800 MHz radio band.
On August 6, 2004, the Federal Communications Commission (FCC) issued an
Order that modified its rules governing the 800 MHz band. The purpose of the Order was to reconfigure
the 800 MHz band to minimize harmful interference to public safety radio
communication systems in the band. The
County and Nextel are both licensed on frequency allocations subject to
reconfiguration. Pursuant to the Order,
Nextel will pay the total costs incurred by the County to effect a
reconfiguration of the County’s affected frequency allocations including the
planning activities which precede configuration. Under the terms of the Agreement, Nextel will
pay Motorola for the costs incurred by the County in developing a plan to
implement the reconfiguration including developing engineering plans, and other
planning activities. The Agreement with
Motorola provides the terms and conditions under which Motorola will develop a
plan for the County to implement the reconfiguration of the County’s
frequencies. (FDO/ESS) Countywide (JM)
5. Staff recommends
motion to approve: Consultant
Services Authorization (CSA) No. 5 to Contract with Hanson Professional
Services, Inc. (R2005-0240) in the amount of $8,540 to provide additional
engineering services associated with the Airport Center Building renovations
and site improvements. Summary: CSA No. 5 will include design and
implementation of a replacement fire pump for the former Engineering
Building. Originally, the intent was to
reuse the existing fire pump, but upon further evaluation, rehabilitation would
not be cost effective, provide for a high level of reliability nor meet current
code. CSA No. 5 must be approved by the
Board as it exceeds the cumulative limits of the Department Director and the
Contract Review Committee (CRC). There
is no SBE participation for this Authorization.
When combined with previous authorizations, the cumulative SBE
participation is 17.2%, exceeding the 15% goal.
(Capital Improvements Division) District
2 (JM)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT &
OPERATIONS (Cont’d)
6. Staff recommends
motion to approve: Change Order
No. 35 to the contract with The Weitz Company (R2002-1868) in the amount of
$90,775.16 for the South County Courthouse.
Summary: Change Order No. 35 provides for the cost
associated with modifications to the elevator 4 and 5 area of the
expansion. The work includes structural
modifications to the building required when the elevator locations were changed
due to unforeseen underground utility conflicts. A future Change Order will cover Mechanical,
Electrical, Plumbing (MEP) costs associated with the elevator relocations. Change Order No. 35 must be approved by the
Board as it exceeds the cumulative limits of the Department Director and the
Contract Review Committee (CRC). The
M/WBE goal for this project is 15%. This
Change Order includes 23.7%. When
combined with previous work done under this contract, the M/WBE is 18%. (Capital Improvements Division) District 7/Countywide (JM)
7. Staff recommends
motion to approve:
A) Budget Transfer of $16,500 from contingency
reserves in the Fire-Rescue Improvement Fund to the Fire Rescue Station No. 41 replacement
project to increase the total funding from $1,730,000 to $1,746,500; and
B) Change
Order No. 4 for $5,410 and a 120-day time extension to the Contract with
Republic Construction & Development Corporation (R2004-2365) for Fire Rescue
Station No. 41.
Summary: The
Budget Transfer is required to fund this Change Order and a future Change
Order. Change Order No. 4 is for a
120-day time extension and reimbursement to the contractor for the cost of
extended builders risk insurance for the project. The request for a 120-day time extension is
due to a delay in procurement of roof tile in late 2005. The cost of the insurance is associated with
the delay. The project was completed and
occupied by Fire Rescue in the summer of 2006. Upon approval of Change Order No. 4 and a
subsequent Change Order, this
project will be finalized. Change Order No. 4 must be approved by the
Board of County Commissioners because this Change Order, when combined with
previous approvals, would exceed the combined authority of the Contract Review
Committee (CRC) and Department Director for time extensions. There is no SBE participation for this Change
Order. The goal for this project is 15%
and when combined with previous change orders, the total participation is
22%. (Capital Improvements
Division) District 5 (JM)
8. Staff recommends
motion to approve: Consultant
Services Authorization (CSA) No. 9 to the contract with STH Architectural
Group, Inc. (R2003-0278) in amount of $566,700 for professional consulting
services associated with the design of the new Mid-County Head Start Center. Summary: The scope of services includes planning,
design, cost estimating, permitting and construction administration services
for an approximate 25,000 sq. ft. Head Start Center on a 14-acre site shared
with Mid-County Senior Center at Lake Worth and Coconut Roads with an estimate
construction cost of $6,395,000. The
contract includes an overall M/WBE participation goal of 27%. STH has committed to a SBE/M/WBE participation
of 32.1% on this project. (Capital
Improvements Division) District 3 (JM)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
9. Staff recommends
motion to approve:
A) Budget
Transfer of $1,300,000 within the Public Building Impact Fees Fund from
Improvement Program Reserves to increase the South County Courthouse project
budget;
B) Budget
Transfer of $664,000 within the $94.3M NAV Public Improvement Fund from
Reserves for New Projects to increase the Operations and Support Center project
budget ($450,000) and the Airport Center renovation project budget ($214,000);
C) Budget Transfer of $1,600,000 within the $27M
Sunshine 7A ‘05 Fund from Improvement Program Reserves to increase the Airport
Center renovation project budget;
D) Budget
Transfer of $3,786,355 within the Public Building Fund from reserves for Future
Construction to increase the Airport Center renovation project budget; and
E) Budget
Transfer of $2,023,515 within the PUD Civic Site Cash Out Fund from Reserves
for New Projects to increase the PBSO K9 Expansion project budget ($422,275)
and the PBSO Aviation project budget ($1,601,240).
Summary:
These Transfers reallocate funding from five (5) capital funds to five
(5) projects: 1) South County Courthouse
Expansion; 2) Operations and Support
Center; 3) Airport Center renovations; 4) PBSO K9 Expansion; and 5) PBSO
Aviation Unit Facility. All of the
projects except for Airport Center renovations have been awarded and are
underway and the additional funding is necessary due primarily to a combination
of unforeseen conditions, and previously unincorporated permitting and code
requirements. The most significant
Transfers are to fully fund the Airport Center Building Renovations project
budget which was not funded as part of the FY ‘07 capital improvement budget
since the approach to the project, timing and scope had not been
finalized. These Transfers will fully
fund the project at $17,836,355 which includes funding for telephone and data
infrastructure. (FDO Admin) Countywide (JM)
10. Staff recommends
motion to receive and file: Notice
of Exercise of the first extension option under the Lease Agreement
(R2002-0889) with Floral Acres, LLC for the continued use of 38 acres located
in the Ag Reserve in Boynton Beach. Summary: On June 4, 2002, the Board approved the Lease
Agreement with Floral Acres, LLC for its use of approximately 38 acres of land
located in the AG Reserve east of State Road 7 approximately 2 miles south of
Boynton Beach Boulevard for the use as a container nursery and other
agricultural products, and possible retail sale of agricultural products. The initial term of the Lease Agreement was
for five (5) years ending on June 3, 2007, with four (4) extension options,
each for a period of five (5) years.
Exercise of this first option will extend the term of the Lease from
June 4, 2007 through June 3, 2012. The
annual rent for this extension period is $47,271.36 with an annual three
percent (3%) increase. Pursuant to the
terms of the Lease Agreement, Floral Acres has the right to exercise its option
and the Board has no discretionary authority to not allow the exercise of the
option. All other terms and conditions
of the Lease will remain in full force and effect. Florida Statutes Section 286.23 requires that
a Disclosure of Beneficial Interest be obtained when a property held in a
representative capacity is leased to the County, but does not require such
Disclosure in connection therewith when the County leases property to a
tenant. Since the Statute does not
require the Disclosure and since this is Floral Acres’ extension of the term of
the Lease Agreement which was already approved by the Board, staff did not request
such Disclosure. (PREM) District 5 (HJF)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
11. Staff recommends
motion to approve: an Easement
in favor of the Lake Worth Drainage District (LWDD), over a portion of South
County Regional Park in Boca Raton. Summary: The LWDD will release a 130 foot canal
reservation which borders the west portion of the South County Regional Park
located northwest of Glades Road. In
exchange for its release, the County will grant LWDD a 15 foot easement for the
continued maintenance and management of the L-40 canal. The Easement is perpetual and exclusive and is
located along the western 15 feet of the Park and east of the eastern boundary
of the Southern Florida Flood Control District Levee L-40. The easement area is 15 feet x 5,818 feet,
and contains 87,700 square feet (approximately 2 acres). The Easement is being granted to the LWDD at
no charge, as the County will now have access to the remaining 115 feet of the
previous canal reservation. (PREM) District 5 (JMB)
12. Staff recommends
motion to approve: a Declaration
of Easement for installation, operation and maintenance of the water and
wastewater systems serving the County’s Vista Office Complex at Vista
Center. Summary: The Vista Office Complex is located at 2300
North Jog Road north of Okeechobee Boulevard and west of Florida’s
Turnpike. The Vista Center of Palm Beach
Parcel 22 plat includes the dedication of County Utility Easements for the
installation, operation and maintenance of the water and wastewater systems. A
portion of the water and wastewater lines was constructed approximately 60 feet
east of, and outside of, the platted Utility Easements. The Declaration of Easement identifies the
as-built location of these lines. The Declaration of Easement also contains
language releasing a portion of the platted Utility Easements which are no
longer needed. The easement area varies
in length from 57.01 feet to 92.65 feet and from 20.00 feet to 26.78 feet wide,
and contains 1,497 square feet or +/- 0.03 acres. The Declaration of Easement will be recorded
to provide notice of the existence of the underground lines. (PREM)
District 2 (JMB)
13. Staff recommends
motion to approve: a Declaration
of Easement for potable water and
sanitary sewer lines serving the County’s Operations & Support Center at
Vista Center. Summary: The County is constructing the Operations
& Support Center on a 51.857 acre parcel in the Vista Center Planned
Industrial Park located on the north side of Vista Parkway, north of Okeechobee
Boulevard and west of Florida’s Turnpike. As part of the development of this
site, the County installed a water and sewer main distribution system which
will be operated by Palm Beach County Water Utilities. The easement areas consists of thirteen (13)
separate areas for: (i) nine (9) water lines; (ii) three (3) sanitary sewer lines; and (iii)
one (1) force main and water line, covering a combined total area of 99,712
square feet or 2.289 acres. The
Declaration will be recorded to provide notice of the existence and location of
the water and sewer main distribution system.
(PREM) District 2 (JMB)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT &
OPERATIONS (Cont’d)
14. Staff recommends
motion to:
A) adopt a Resolution authorizing the conveyance of the County’s interest in two
(2) vacant parcels of land totaling 0.36 acres to the City of Delray Beach
without charge and with reservation of mineral and petroleum rights, but
without rights of entry and exploration; and
B) approve two (2) County Deeds in favor of the City of Delray Beach.
Summary: The
City of Delray Beach has requested the conveyance of two (2) vacant parcels of
surplus County property within its jurisdiction which the County acquired by
tax deeds in 2004. The .24 acre parcel
is located at 315 SW 3rd Street and the .12 acre parcel is located
at 232 NW 8th Avenue. The total assessed value of these properties
is $87,294. Florida Statutes Section 197.5920(3) requires the conveyance of
surplus property acquired by tax deed to the municipality in which it is
located. The subject parcels have been
declared surplus as they serve no present or future County purpose. The conveyance of surplus property to the
municipality in which it is located is a major element of Property and Real
Estate Management's (PREM’s) disposition program adopted by the Board upon the
recommendation of the Real Estate Assets Task Force. These conveyances will relieve the County of
potential liability for occurrences on the properties and also the cost of
continued maintenance. The County Deed
restricts use of this property to affordable or workforce housing. The City intends to convey these parcels to
its newly created Land Trust which has been set up to develop properties for
affordable housing. The City has
consented to these restrictions and approved the County Deeds at its February
20, 2007, City Commission meeting. The
County will retain mineral and petroleum rights in accordance with Florida
Statutes Section 270.11, without rights of entry and exploration. (PREM)
District 7 (TKF)
15. Staff recommends
motion to approve: a Utility
Easement Agreement in favor of Florida Power & Light Company for electrical
service to the new Sheriff’s substation on Jog Road. Summary: On October 19, 2004, the County acquired from
the School Board 3.72 acres of land located on the east side of Jog Road, south
of Northtree Boulevard in western Boynton Beach to construct a PBSO substation
facility. FPL is installing overhead
power lines with power poles, buried power lines, and a pad mounted transformer
to provide service to the new PBSO substation facility. FPL requires an easement prior to
installation of the new electrical service.
The easement area ranges from 10 feet to 12 feet wide and is approximately
886 feet long, contains approximately 9,180.98 square feet (0.21 acres), and
extends along the western, southern, and eastern portion of the County
property. This perpetual non-exclusive
easement is being granted to FPL at no charge, as it will provide electrical
service to County facilities and is required as a condition of service. (PREM)
District 3 (HJF)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
16. Staff recommends
motion to:
A) adopt a Resolution authorizing the conveyance of the County’s interest in
0.07 acres of land to the City of Belle Glade without charge and with
reservation of mineral and petroleum rights, but without rights of entry and
exploration; and
B) approve a County Deed in favor of the City of Belle Glade.
Summary: The
City of Belle Glade has requested the conveyance of a parcel of County-owned
surplus property acquired by tax deed in June 2006. The 0.07 acre parcel is located at 201 SW 5th
Street within the City’s municipal boundaries and is improved with an
unoccupied two (2) story commercial structure, previously operated as a tavern
with apartments on the second story. The
assessed value of the parcel is $71,734.
Florida Statutes Section 197.592(3) requires the conveyance of surplus
property acquired by tax deed to the municipality in which it is located. The subject parcel has been declared surplus
as it serves no present or future County purpose. Staff believes that this property will be
more appropriately developed, managed and maintained by the City. The conveyance of surplus property to the
municipality in which it is located is a major element of Property and Real
Estate Management's (PREM’s) disposition program adopted by the Board upon the
recommendation of the Real Estate Assets Task Force. This conveyance will relieve the County of
potential liability for occurrences on this property and also the cost of
continued maintenance. The County will
retain mineral and petroleum rights in accordance with Florida Statutes Section
270.11, without rights of entry and exploration. (PREM)
District 6 (HJF)
17. Staff recommends
motion to approve:
A) the first option to extend the Sublease Agreement (R97-355D) with the
State of Florida, Department of Management Services (DMS) and the Department of
Transportation (DOT) for the continued use of the State’s 800 MHz
Communications Tower at 5393 W. Indiantown Road, Jupiter; and
B) the first option to extend the Sublease Agreement (R97-356D) with the
State of Florida, Department of Management Services (DMS) and the Department of
Transportation (DOT) for the continued use of the State’s 800 MHz
Communications Tower at 7951 Glades Road, Boca Raton.
Summary: Palm Beach County currently subleases a portion of two (2)
Communications Tower Sites from the DMS and DOT. The Towers are located at 5393 W. Indiantown
Road, Jupiter and at 7951 Glades Road, Boca Raton. The term of the Subleases expire April 13,
2007. Exercise of the extension options
will extend the term of the Sublease Agreements from April 14, 2007 through
April 13, 2017. All other terms of the
Sublease Agreements remain unchanged.
(PREM) Districts 1 & 5 (JMB)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
18. Staff recommends
motion to receive and file: Notice of Exercise of the extension option
under the Lease Agreement with Bedner Farm, Inc. (R2001-0582) for continued
agricultural use of approximately 246 acres located in Delray Beach for
$147,752. Summary: On April 17, 2001, the Board approved the
Lease Agreement with Bedner Farm, Inc. for their agricultural use of
approximately 246 acres located between the Florida Turnpike and State Road
7/U.S. 441 in Delray Beach. The initial
term of the Lease Agreement was for one (1) year ending on May 31, 2002, with
nine (9) extension options, each for a period of one (1) year. Exercise of this option will extend the term
of the Lease Agreement for one (1) year from June 1, 2007 to May 31, 2008. The annual rental cost for this extension
period is $147,752. Pursuant to the
terms of the Lease Agreement, Bedner Farm, Inc. has the right to exercise its
option and the Board has no discretionary authority to not allow the exercise
of the option. All other terms and
conditions of the Lease Agreement shall remain in full force and effect.
Florida Statutes Section 286.23 requires that a Disclosure of Beneficial
Interest be obtained when a property held in a representative capacity is
leased to the County, but does not require such Disclosure in connection
therewith when the County leases property to a tenant. Since the Statute does not require the
Disclosure and since this is Bedner Farm, Inc.’s extension of the term of the
Lease Agreement which was already approved by the Board, Staff did not request
such Disclosure. (PREM) District 5 (HJF)
19. Staff recommends
motion to approve: a Declaration
of Easement for water and wastewater pipelines located on the eastern portion
of the Mecca Property. Summary: The Water Utilities Department has
constructed water and wastewater pipelines along the eastern portion of the
County-owned property to make key connections with its northern service areas
and with Seacoast Utility Authority. The
easement area is 50 feet wide, approximately 10,748.98 feet in length, and contains
537,449 square feet (12.34 acres). The
Scripps development will not be developed on this site, and in the event that
the Mecca Property is sold, this easement is required to ensure the County has
the right to maintain the pipelines. The
Declaration of Easement will be recorded to provide notice of the existence and
location of the water and wastewater pipelines on County property. (PREM)
District 1 (HJF)
20. Staff recommends
motion to approve: a Utility
Easement Agreement in favor of Florida Power & Light Company (FPL), for
electrical service in connection with construction of facilities at Burt
Reynolds Park in Jupiter. Summary: FPL requires an easement to provide permanent
electrical service to site improvements currently being constructed at Burt
Reynolds Park, at 800 N. U.S. Highway 1, north of Indiantown Road in
Jupiter. The easement area is
approximately 10' x 548.10' for a total of approximately 5,481 square feet (.13
acre). The easement is non-exclusive and
is being granted to FPL at no charge, as it will provide electrical service to
County-owned facilities. (PREM) District 1 (HJF)
21. Staff recommends
motion to approve: a Utility Easement Agreement in favor of
the Town of Jupiter for water service in connection with construction of
facilities at Burt Reynolds Park in Jupiter.
Summary: The Town of Jupiter requires a utility
easement to provide permanent water service to Burt Reynolds Park, located at
800 N. U.S. Highway 1, north of Indiantown Road in Jupiter. The Park is within Jupiter’s water utility
service area. The easement area is
approximately 12' x 199' for a total of approximately 2,388 square feet (.05
acre). The easement is non-exclusive and
is being granted to Jupiter at no charge, as it will provide water service to
County facilities. (PREM) District 1 (HJF)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
22. Staff recommends
motion to approve: exercise of
the First Option to extend the term of the Lease Agreement (R2004-0802) with
Jewish Community Facilities Corporation, for the continued use of a 1,770 sq.
ft. building located in unincorporated Boca Raton, at an annual rate of
$10. Summary: The County on behalf of the Palm Beach County
Sheriff's Office currently leases a 1,770 sq. ft. building at the Jewish
Federation of South Palm Beach County, Richard and Carole Siemens Jewish
Campus. The facility is located at 9378
SW 210th Street in Boca Raton, for use as a community policing
station with offices for sworn and non-sworn personnel. The initial term of the Lease Agreement was
for three (3) years ending on May 3, 2007, with two (2) extension options, each
for one (1) year. This option will
extend the term of the Lease Agreement for one (1) year, from May 4, 2007
through May 3, 2008. The County has the
right to terminate the Lease Agreement at any time upon ninety (90) days
written notice. The annual rent for this
extension period is $10 and the County is responsible for all utility
costs. (PREM) District 5 (HJF)
23. Staff recommends
motion to approve: a Temporary
Construction Easement (TCE) in favor of the Florida Department of
Transportation (FDOT) at the Canal Point Community Center Park. Summary: In conjunction with its improvements to State
Road 15 (U.S. 98), FDOT has requested a TCE over Canal Point Community Center
Park located between State Road 15 and Everglades Avenue, in Canal Point. This TCE allows FDOT to grade, slope and tie
FDOT’s improvements into the Park property.
The easement area is approximately 10' wide and 404.01' long (4,040
square feet, or .09 acre) along the northwestern portion of the Park. This TCE will automatically terminate upon
the completion of the road work, but not later than June 30, 2010. The TCE is non-exclusive and provides that
FDOT shall restore any improvements or landscaping within the TCE area upon
completion. The TCE will benefit the
Park and will be granted at no charge to FDOT.
(PREM) District 6 (HJF)
24. Staff recommends
motion to approve: BMC Replat
No. 2. Summary: In 2003, the County sold 8.5 acres of
County-owned land controlled by the Department of Airports to BMC, LLC (BMC)
for a commercial shopping center project at the northeast corner of Belvedere
Road and Military Trail (R2003-0313). The
Agreement for Purchase and Sale required BMC, at its sole cost and expense, to
delete approximately 2.27 acres of adjoining Runway Protection Zone (RPZ)
Property from the BMC Plat and to replat the RPZ Property. BMC Replat No. 2 designates the RPZ Property
for County runway protection purposes.
The County is required to execute the replat as the property owner. (PREM) District 2 (HJF)
25. Staff recommends motion to approve: a Utility Easement Agreement in favor of Florida Power & Light Company (FPL) for
underground electrical services to the County’s Operations & Support Center
at Vista Center. Summary: The County is constructing the Operations
& Support Center on a 51.857 acre parcel on the north side of Vista
Parkway, north of Okeechobee Boulevard and west of Florida’s Turnpike. FPL requires easements for installation of
underground electrical services at this new facility. The easement area consists of four (4)
separate areas covering a total of 20,840.92 square feet (.48 acres). Three (3) of the easement areas are for
electrical service directly to the newly constructed County facilities and are
required as a condition of service. The
fourth easement area is a parcel 10 feet wide by 568.12 feet long for a total
of 5,673.92 square feet (.13 acres) along the west property line, and is needed
by FPL to provide electrical service to residential areas on the south side of
Vista Parkway. Staff recommends granting
the Easement without charge because three (3) of the four (4) easement areas
are required to provide service to the County facilities, and the fourth could
have been required as a condition of platting the property had FPL recognized
the need for the easement at that time.
(PREM) District 2 (JMB)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
26. Staff recommends
motion to:
A)
approve Agreement for Exchange (Exchange Agreement)
with South Florida Water Management District (SFWMD) for portions of the
SFWMD’s 20 Mile Bend Property located south of State Road 80 and the L-7 Levee,
and east of County Road 880;
B) approve County Deed conveying a .90 acre parcel of land to SFWMD as part of the
Agreement for Exchange;
C) adopt Resolution approving the
Agreement for Exchange with SFWMD without reservation of mineral rights;
D) approve staff concluding negotiations with the Palm Beach Community College
(PBCC) for the donation of land for construction of a Public Safety Training
Facility; and
E) approve
staff commencing discussions with the Florida Fish and Wildlife
Conservation Commission (FWCC) to develop a business plan for a public shooting
park.
SUMMARY: SFWMD currently owns approximately 135 acres
of property immediately to the west of the County’s Law Enforcement Training
Facility at 20 Mile Bend. A multi-use
development ultimately consisting of four uses (SFWMD Field Station, County Law
Enforcement Training Facility, Palm Beach Community College Public Safety
Training Facility, and Public Shooting Park) is proposed and requires a
re-alignment of property ownership and joint master planning for the entire
site to facilitate effective and orderly development of the property. The Exchange Agreement provides for SFWMD to;
1) convey by Quitclaim Deed 11.57 acres for an expansion to the County’s Law
Enforcement Training Facility; 2) convey by Quit-Claim Deed 84.61 acres for the
development of a public shooting range; 3) dedicate by plat 5.51 acres for an
internal circulation road; 4) grant an ingress/egress easement to access Boat
Ramp Road; and 5) donate 20,000 cubic yards of fill from a nearby stormwater
treatment area. The County will pay
$25,000/acre appraised value for the 11.57 acres that is being added to the Law
Enforcement Training Facility and there is no compensation for the remainder of
the property to be conveyed. In exchange, the County will: 1) convey by County
Deed .90 acres to SFWMD; 2) grant a lease to SFWMD for the installation and
maintenance of radio equipment on the existing and adjacent County tower; and
3) apply for and secure re-zoning , subdivision and storm water management
conceptual approvals for the entire 200 acre parcel. Neither, the County nor SFWMD’s deeds will
include any reservations for phosphate, minerals, metals, and petroleum
rights. The Exchange Agreement contains
a 60 day inspection period to perform due diligence, including an environmental
assessment. If approved by the BCC,
staff will conclude its on-going negotiations with PBCC for the donation of
21.5 acres of the Law Enforcement Training Facility property for the
development of a Joint Public Safety Training Facility pursuant to the terms
conceptually approved by the BCC on September 25, 2005 and further defined in
the Exchange Agreement. It is staff’s
intent to present the donation agreement to the BCC at a meeting in June. In addition, staff will formalize its
discussions with the FWCC to develop a business plan for the funding, design,
construction and operation of a public shooting park including public input workshops. It is staff’s intent to present the business
plan to the BCC in September.
(PREM) Countywide/District 6 (HJF)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends
motion to:
A) adopt a Resolution approving the Sixth Amendment to the State Housing
Initiative Partnership (SHIP) Local Housing Assistance Plan for Fiscal Years
2004-2005; 2005-2006; and 2006-2007 (R1004-0741) utilizing recaptured funds of
$3,059,058 from Fiscal Years 2005-2006 and 2006-2007. These funds were derived from first-time home
buyers who repaid the financial assistance received from the Commission on
Affordable Housing’s Purchase Assistance Program;
B) approve an increase in funding of $2,059,058 for the
Purchase Assistance Program to increase the total budget from $4,121,260 to
$6,180,318 for Fiscal Year 2006-2007;
C) approve an increase in funding of $1,000,000 for the
Special Needs Homeownership Program to increase the total budget from
$5,885,665 to $6,885,665;
D) approve a Budget Amendment of $650, 362 in the Affordable Housing Trust (SHIP)
Fund to recognize recaptured funds for Fiscal Year 2006-2007 from the CAH’s
Purchase Assistance Program for first time home buyers; which includes a Budget
Transfer of $2,048,696 from the Reserve for Affordable Housing to increase the
Purchase Assistance Program and the Special Needs Homeownership Program
budgets; and
E) approve revisions to the funding levels
for the strategies in the LHAP for Fiscal Year 2006-2007 specifying an increase
in funding from $4,121,260 to $6,108,318 for the Purchase Assistance Program.
SUMMARY: Palm Beach County (PBC) receives an annual
allocation from the State of Florida through the SHIP Program to implement
various affordable housing programs and other related activities. For Fiscal Years 2005-2006 and 2006-2007 Palm
Beach County received $2,408,696 and $650,362 respectively, in recaptured funds
from first time home buyers which were deposited into the Robert E. Pinchuck
Memorial Affordable Housing Trust Fund (HTF).
In February 2007, the Commission on Affordable Housing’s Advisory
Committee recommended allocating $2,059,058 to the Purchase Assistance Program
and $1,000,000 to Palm Beach County’s Special Needs Homeownership account. These are State SHIP funds that require
no local match. Countywide
(TKF)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
J. PLANNING,
ZONING & BUILDING
1. Staff recommends
motion to approve:
A) adopt a Resolution of the Board of County
Commissioners (BCC) of Palm Beach County, Florida, granting a County tax exemption for one (1) historic property located within the City of West
Palm Beach; and
B) approve restrictive covenant for the historic
property, requiring the qualifying improvements be maintained during the period
that the tax exemption is granted.
SUMMARY: The
resolution will authorize a County tax exemption for the historic property
located within the City of West Palm Beach:
Address: 225 Dyer Road
If granted the tax exemption shall take effect January 1, 2007, and
shall remain in effect for ten (10) years, or until December 31, 2016. The
exemption shall apply to 100 percent of the assessed value of all improvements
to each historic property, which resulted from restoration, renovation, or
rehabilitation of the property. Based on
the 2007 millage rate, it is estimated that
approximately $68.25 tax dollars will be
exempted annually. Accompanying the
resolution is a restrictive covenant, which requires the qualifying
improvements be maintained during the period that the tax exemption is granted.
District 2 (RB)
2. Staff recommends
motion to:
A) adopt Resolutions of the Board of
County Commissioners (BCC) of Palm Beach County, Florida, granting five (5) County
tax exemptions for four (4) historic properties located within the Town of Palm
Beach; and
B) approve restrictive covenants for each
historic property, requiring the qualifying improvements be maintained during
the period that the tax exemption is granted.
SUMMARY: The resolutions will authorize a County tax
exemption for the following historic properties located within the Town of Palm
Beach:
Address: 1 County Road, The Breakers Palm Beach, Inc.
Address: 1 County Road, The Breakers Palm Beach, Inc.
Address: 181 Clarendon Ave
Address:
5 Middle Road
Address: 142 Seabreeze Avenue
If granted the tax exemption shall take effect January 1, 2007, and
shall remain in effect for ten (10) years, or until December 31, 2016. The exemption shall apply to 100 percent of
the assessed value of all improvements to each historic property, which
resulted from restoration, renovation, or rehabilitation of the property. Based on the 2007 millage rate, it is
estimated that approximately $31,665.73 tax dollars will be exempted
annually. Accompanying each resolution
is a restrictive covenant, which requires the qualifying improvements be
maintained during the period that each tax exemption is granted. Districts 1 & 7 (RB)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES
1. Staff recommends motion to approve: Consultant Services Authorization No. 3, to the contract with CH2M Hill (R2006-2471), for the Asset Management and Maximo Coordination Project in the amount of $176,920.14. SUMMARY: This authorization with CH2M Hill provides maintenance work process and asset management consulting services associated with Phase 2 of the Department’s Asset Management Program and Maximo Computerized Maintenance Management System (CMMS) upgrade. Under this authorization, the Consultant will improve work processes, asset standards, job plans and training for operation and maintenance plants, lines and lift station functions. This work will improve the efficiency of maintenance work and the reliability of equipment. The contract with CH2M Hill includes the Small Business Enterprises (SBE) participation goal of 15%, which meets the 15% goal established by Palm Beach County Ordinance (No. 2002-064). This Consultant Services Authorization includes 17.06% overall participation. The consultant’s cumulative SBE participation, including this Authorization is 15.64% overall. Countywide (JM)
2. Staff recommends
motion to adopt: a Resolution
revising various sections of Chapters 1, 2 and 4 of the Water Utilities
Department’s Uniform Policies and Procedures (UPAP) Manual. SUMMARY: The UPAP is a codification of the
Department's fees, standards, legal documents, policies and procedures
governing the provision of potable water, reclaimed water, and wastewater
services. The Department performs a
review of the UPAP from time to time to ensure the continued effective and
efficient delivery of utility services.
The proposed revisions include: adjusting the gallons per day value for
Equivalent Residential Connections (ERC), providing that new single family
homes with a residential fire line system will be required to have a one (1) inch
meter but will be charged connection fees and guaranteed revenue fees in
accordance with the lower rates for a 5/8-inch meter, and establishing design
standards related to the installation of residential fire lines. The ERC adjustment is necessary to be
consistent with the ERC values determined by the recent rate study. For residential fire lines, a one (1) inch
meter is required to ensure sufficient pressure for proper operation. There is no capacity impact on the
Department’s system and, therefore, higher connection fees and guaranteed revenue
fees for a one inch meter are not justified.
However, since the installation of a one (1) inch meter requires a
separate meter box, the installation fees for a one (1) inch meter will be
charged. Countywide (MJ)
3. Staff recommends motion to approve: Work Authorization No. 1 to the Water Utilities Department Continuing Construction Contract with Foster Marine Contractors, Inc. (R2006-2732), for construction of the Century Village Reclaimed Water Pipeline Project in the amount of $1,082,326.63. SUMMARY: This Work Authorization provides for construction of the Century Village Reclaimed Water Pipeline Project, Phase II. The pipeline will originate at the proposed Century Village Reclaimed Water Production Facility and extend to Okeechobee Boulevard. Once completed, the pipeline and associated Century Village Reclamation Facility (R2006-1007) will expand the Department’s reclaimed water distribution system, eventually allowing for the reclamation of an additional three (3) million gallons per day of water. On February 6, 2007, the Board executed a cost-sharing Agreement with the South Florida Water Management District (R2007-0161). The District agreed to fund forty percent (up to $1,000,000) of the construction cost of this total reclaimed water project ($4.2 million). The balance of the total project cost will be funded through the Water Utilities Department’s Capital Improvement Program. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15.00% overall. The contract with Foster Marine Contractors, Inc. provides for SBE participation of 14.98% overall. This authorization includes 15.00% overall participation. The cumulative SBE participation, including this Authorization, is 15.00% overall. (WUD Project No. 05-062) District 2 (MJ)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (Cont’d)
4. Staff recommends motion to approve: a First Amendment to Reclaimed Water Standard Development Agreement with Boynton Beach Associates XXI, LLLP, providing for connection fee credits and cash reimbursements for County-requested on-site and off-site utility improvements. SUMMARY: On July 31, 2006, the Department entered into a Standard Reclaimed Water Development Agreement (R2006-1939) with Boynton Beach Associates XXI, LLLP, (Associates). Subsequent to executing the Agreement, the Department identified a need to oversize and extend the new reclaimed water pipeline to serve existing developments west of the Turnpike. The Standard Reclaimed Water Agreement will be amended to identify County-required on-site and off-site reclaimed water improvements and the corresponding oversizing credits and cash reimbursements entitled to Associates for completing the improvements. The Department and Associates agree that the cash reimbursements shall not exceed $242,500 for the off-site Turnpike crossing work to be performed by Associates. District 5 (MJ)
5. Staff recommends
motion to receive and file: two
(2) Standard Development Renewal Agreements and two (2) Utility Concurrency
Reservation Agreements complete with executed documents received during the
months of January and February, 2007:
Standard Development Renewal Agreement
A) Tidal
Wave Investment Corporation 01-01073-R00
B) Symphony
Builders at Emerald Place, LLC 03-00059-R01
Utility Concurrency Reservation Agreement
C)
GKK-Hagen, Ltd. 05-01090-000
D)
GKK-Hagen, Ltd. (reclaimed) 05-90012-000
SUMMARY: The
terms and conditions for Standard Development Agreements are outlined in the
Water Utilities Department’s Uniform Policies and Procedures Manual. The Board of County Commissioners delegated
the authority to execute various types of Standard Development Agreements to
the Department Director including potable water and wastewater agreements
(R93-1619); reclaimed water agreements (R96-0228); and additional conditions
for potable water, wastewater, and reclaimed water agreements
(R2003-0539). After these agreements are
executed by the developer and the Department, they must be recorded by the
County Clerk’s Office. This agenda item
recommends the Board receive and file the agreements so they may be properly
recorded. Countywide (SF)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to approve:
A) Budget Amendment of $5,110,000 in the $75M Conservation 2001 Bond Fund to recognize proceeds from the sale of Ag Reserve property to the Solid Waste Authority (SWA);
B) Budget Transfer of $2,353,831 within the $75M Conservation 2001 Bond Fund from various projects to Property Acquisition Reserves;
C) Budget Transfer of $310,265 within the $75M Conservation 1999 Bond Fund from various projects to Property Acquisition Reserves;
D) Budget Transfer of $3,727,406 within the Natural Areas Fund from Program Improvement Reserves to increase the Natural Areas Management budget for $1,200,000 and increase Transfer to Capital Outlay Fund budget for $2,527,406;
E) Budget Amendment of $2,527,406 in the Capital Outlay Fund to recognize the Transfer from the Natural Areas Fund and to establish budget for various projects;
F) Budget Transfer of $4,594,981 within the $75M Conservation 2001 Bond Fund from Property Acquisition Reserves to Transfer to the Sunshine, Debt Service Environmentally Sensitive Land Fund; and
G)
Budget Amendment of $4,594,981
in the Sunshine, Debt Service Environmentally Sensitive Land Fund to
recognize the Transfer from the $75M Conservation 2001 Bond Fund.
Summary: The Budget Amendment of $5,110,000 will recognize land sale
proceeds from the SWA for properties originally purchased in 2001 from Bowman
Growers, Inc., and allocate funding to
reserves. The Budget Transfers within
the $75M Conservation 2001 Bond fund and the $75M Conservation 1999 Bond fund
will transfer various project funding to replenish reserves. A portion of the Reserve balance will be used
for a payment of $4,594,981 toward the Sunshine Loan ($7.8M) taken to acquire
the RV Holding, Inc. in Cypress Creek.
The Budget Transfer within the Natural Areas Fund, in combination with
the Budget Amendment within the Capital Outlay Fund, will reallocate funding to
natural areas project budgets transferred to bond fund reserves and allocate
new funding as follows: Natural Areas Management $1,200,000, Frenchman’s
Forest $100,000, Yamato Scrub $150,000, C-18 Triangle $100,000, Cypress Creek
$250,000, Pondhawk $75,000, North Jupiter Flats $50,000, and Winding Waters
$146,540. Projects that will not be refunded are Pine Glades $1,000,009 and
Riverfront Pines $8,221. These various
budget adjustments will spend down the Conservation Bond funds and provide
payment toward Environmental Resources Management's (ERM’s) Sunshine Loan
repayment obligation. Countywide (SF)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends
motion to approve:
A) Amendment No. 1 to the Grant Assistance Agreement LP6077 with the
Florida Department of Environmental Protection (FDEP) (R2006-0579) to extend
the Agreement period to December 31, 2010, and to provide for a $1,250,000
reimbursement increase from
$800,000 to $2,050,000 for projects in the Capital Outlay Fund, within the
Chain of Lakes System; and
B) Budget Amendment of
$1,250,000 in the Capital Outlay Fund to recognize the grant Amendment revenues
and increase the Westgate Community Redevelopment Agency (CRA) Stormwater
Project ($250,000) and Environmental Enhancement Project ($1,000,000).
Summary: On April 4, 2006, the Board of County Commissioners executed State of Florida Agreement LP6077 (R2006-0579) which provides $800,000 for the 80-acre John Prince Park/Square Lake Restoration Project. The Amendment to the Grant Agreement provides $250,000 for the Westgate CRA’s Stormwater/Septic Project as a sub-recipient, and $1,000,000 for Environmental Enhancement muck removal and its related outcome monitoring and outreach. The County’s $1M match requirement has been met retroactively. This Amendment is part of the State Legislature’s disbursement of funds for restoring and protecting surface waters of the State. Countywide (SF)
3. Staff recommends motion to:
A) approve Loxahatchee River Preservation Initiative Contract SAP No. 4600000690 with the South Florida Water Management District (District) for the Palm Beach County Limestone Creek Phase II Restoration Project, commencing upon execution in FY 2007 for a period of two (2) years, in an amount not-to-exceed $330,000;
B) approve Budget Transfer
of $330,000 in the Natural Areas Fund from Reserves for Improvements to
Transfer to the Capital Outlay Fund to provide matching funds for the project;
C) approve Budget Amendment of $660,000 in the Capital Outlay Fund to recognize the agreement revenue and a transfer from the Natural Areas Fund for $330,000 for a total of $660,000 in costs for the Limestone Creek Natural Area restoration project; and
D) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications, and other forms associated with this contract, and necessary minor amendments that do not change the scope of work or terms and conditions of this contract.
Summary: State matching funds, through the Loxahatchee
River Preservation Initiative (LRPI) which are administered by the District,
were requested. The LRPI Contract will
provide $330,000 in funding for the Limestone Creek Phase II Restoration
Project (Project), on a reimbursement basis.
The County’s share of the $660,000 total project cost is $330,000 to be
paid from the Natural Area Fund. The
project proposes to create an oxbow developing an inter-tidal mangrove wetland
and associated transitional and upland areas.
Public use facilities consisting of a parking lot, interpretive kiosk,
ADA accessible nature trail, hiking trails, fishing platform and observation
deck will be constructed. Further
evaluations will be conducted for the possibility of constructing additional
oxbows on the south side of the C-18 Canal as it enters the Loxahatchee River
estuary. District 1 (SF)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION
1. Staff recommends
motion to approve: Agreement with the City of Riviera Beach for
the period April 10, 2007, through
December 30, 2007, in an amount not-to-exceed $5,000 for the 2006 Back to
School Give-A-Way event. SUMMARY: This funding is to offset the cost of
2006 Back to School Give-A-Way event held by the City of Riviera Beach at
Barracuda Bay Waterpark prior to the beginning of the 2006-2007 school
year. The event provided school supplies
and local agency information to 550 needy children and their families in a
festive atmosphere. The Agreement allows
for the reimbursement of eligible project costs incurred subsequent to July 10,
2006. Funding is from the Recreation
Assistance Program (RAP). District 7 (AH)
2. Staff recommends
motion to approve: Agreement
with Armory Art Center, Inc. for the period April 10, 2007, through December 31,
2007, in an amount not-to-exceed $20,000 for 2007 Summer Art Camp program. SUMMARY: This funding is to help
offset costs for the 2007 summer art camps to be offered by Armory Art Center.
Approximately 700 children and youth are anticipated to attend the summer art
camps. Funding is from the Recreation Assistance Program (RAP). District
2 (AH)
3. Staff recommends
motion to approve: Agreement with Bangladesh Association of
Florida, Inc. for the period April 10, 2007, through September 30, 2007, in an
amount not-to-exceed $19,500 for the 2007 Asian Food Fair. SUMMARY: This funding is to help
offset the cost of the 2007 Asian Food Fair held on March 24 and March 25, 2007
at Old School Square in Delray Beach.
The Agreement allows for the reimbursement of eligible project costs
incurred by Bangladesh Association of Florida, Inc. subsequent to January 1,
2007. Funding is from the Recreation
Assistance Program (RAP) District 2 ($5,000), District 3 ($5,000), District 4
($5,000), District 5 ($1,000), and District 6 ($3,500). Countywide (AH)
4. Staff recommends
motion to approve: Agreement with Toward a More Perfect Union,
Inc. (TMPU) for the period April 10, 2007, through January 31, 2008, in an
amount not-to-exceed $36,000 for the Community Youth Program. SUMMARY: This funding is to help
offset costs for TMPU’s Community Youth Program, which encourages teenagers to
use creative arts and problem solving techniques to contribute to the
well-being of others and their communities.
The Agreement allows for the reimbursement of eligible project costs
incurred by TMPU subsequent to November 1, 2006. Funding is from the Recreation Assistance
Program (RAP) District 2 ($6,000) and District 4 ($30,000). Districts
2 & 4 (AH)
5. Staff recommends
motion to approve: Agreement with Community Child Care Center
of Delray Beach Foundation, Inc. (Community Child Care Center) for the period
April 10, 2007, through December 30, 2007, in an amount not-to-exceed $10,000
for the Beacon Center Media Club Teen Program.
SUMMARY: This funding is to help offset costs
for the Beacon Center Media Club Teen Program, which serves approximately 100
participants. The Agreement allows for
the reimbursement of eligible project costs incurred by Community Child Care
Center subsequent to July 1, 2006.
Funding is from the Recreation Assistance Program (RAP). District 4 (AH)
6. Staff recommends
motion to approve: Agreement with the City of West Palm Beach
for the period April 10, 2007, through September 28, 2007, in an amount
not-to-exceed $7,500 for the Kaleidoscope 2007 event. SUMMARY: This funding is to help
offset costs for Kaleidoscope 2007 held by the City of West Palm Beach on
January 28, 2007 in downtown West Palm Beach.
The event attracted approximately 25,000 attendees and 16,000 student,
parent, and teacher participants. The
Agreement allows for the reimbursement of eligible project costs incurred by
West Palm Beach subsequent to January 28, 2007.
Funding is from the Recreation Assistance Program (RAP). District
2 (AH)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION (Cont’d)
7. Staff recommends
motion to approve: Agreement with Florence Fuller Child
Development Centers, Inc. (Florence Fuller) for the period April 10, 2007,
through May 28, 2007, in an amount not-to-exceed $5,000 for the After School
Program. SUMMARY: This funding is to help offset costs
for Florence Fuller’s After School Program, which serves approximately 110
participants. The Agreement allows for
the reimbursement of eligible project costs incurred by Florence Fuller
subsequent to December 8, 2006. Funding
is from the Recreation Assistance Program (RAP). District 4 (AH)
8. Staff recommends
motion to approve: Agreement with Compass, Inc. for the period
April 10, 2007, through April 30, 2007, in an amount not-to-exceed $5,000 for
the 2006 Pridefest Festival. SUMMARY: This
funding is to help offset costs for the 2006 Pridefest Festival held in the
City of Lake Worth by Compass, Inc. on March 23 and 24, 2006. Approximately 10,000 participants attended
this event. The Agreement allows for the
reimbursement of eligible project costs incurred by Compass subsequent to
February 1, 2006. Funding is from the
Recreation Assistance Program (RAP). District
2 (AH)
9. Staff recommends
motion to approve: Agreement with ASPIRA of Florida, Inc. for
the period April 10, 2007, through April 1, 2008, in an amount not-to-exceed
$20,000 for the Media Art Literacy - Mural Project. SUMMARY: This funding is to help
offset costs for the Media Art Literacy - Mural Project offered by ASPIRA Palm
Beach, a branch of ASPIRA of Florida, Inc.
The project is a 26-week program in which approximately 15 youth will
meet for four (4) hours once a week to learn skills to create a mural and
documentary video pertaining to life growing up in a multi-cultural society.
The Agreement allows for the reimbursement of eligible expenses incurred prior
to January 1, 2007. Funding is from the
Recreation Assistance Program (RAP). District 2 (AH)
10. Staff recommends
motion to approve: Agreement with Knights of Pythagoras
Mentoring Network, Inc. (Knights of Pythagoras) for the period April 10, 2007,
through April 30, 2007, in an amount not-to-exceed $4,000 for the Y2K ’06
Tennis Jamboree and miscellaneous programs.
SUMMARY: This funding is to help offset costs
for the Y2K ’06 Tennis Jamboree and other miscellaneous programs. The Agreement allows for the reimbursement of
eligible project costs incurred by Knights of Pythagoras subsequent to October
1, 2006. Funding is from the Recreation
Assistance Program (RAP). District 7 (AH)
11. Staff recommends
motion to receive and file: the following original executed Amendment to
Request for Funding Form for School Board Recreation Assistance Program project
for Cypress Trails Elementary School’s purchase of a sound
system (R2005-1140) to extend the project completion date from December 31,
2006, to May 31, 2007. SUMMARY: This
fully executed Amendment to Request for Funding Form is being processed in
accordance with the Interlocal Agreement for the Funding of Recreation
Assistance Program (RAP) Projects (R2003-1747) approved by the Board on October
21, 2003. District 6 (AH)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION (Cont’d)
12. Staff recommends
motion to receive and file: the following original executed
Amendment to Request for Funding Form for School Board Recreation Assistance
Program project for Loxahatchee Groves Elementary School’s purchase and
installation of a Pre-K special needs playground (R2006-2742) to extend the
project completion date from January 1, 2007, to December 31, 2007. SUMMARY: This fully executed
Amendment to Request for Funding Form is being processed in accordance with the
Interlocal Agreement for the Funding of Recreation Assistance Program (RAP)
Projects (R2003-1747) approved by the Board on October 21, 2003. District 6 (AH)
13. Staff recommends
motion to receive and file: the following original executed Amendment to
Request for Funding Form for School Board Recreation Assistance Program project
for Timber Trace Elementary School’s purchase and installation of playground
equipment (R2006-2741) to extend the project completion date from February 28,
2007, to December 30, 2007. SUMMARY: This
fully executed Amendment to Request for Funding Form is being processed in
accordance with the Interlocal Agreement for the Funding of Recreation
Assistance Program (RAP) Projects (R2003-1747) approved by the Board on October
21, 2003. District 1 (AH)
14. Staff recommends
motion to receive and file:
First Amendment to Agreement (R2006-2488) with The Acreage Athletic
League, Inc. for funding of uniforms and equipment for the Acreage
Coyotes. SUMMARY: This
fully executed First Amendment to Agreement extends the project completion date
for the previously approved Agreement from December 30, 2006, to March 31,
2007, in order to allow additional time to accommodate dates of payment and
completion of the reimbursement process.
The Amendment is in accordance with Resolution R2005-1738, authorizing
the delegation of authority for amending RAP agreements to the County
Administrator or his designee. All other
terms of the Agreement remain the same.
Funding for the project is from the Recreation Assistance Program (RAP).
District 6 (AH)
15. Staff recommends
motion to receive and file:
First Amendment to Agreement (R2006-0697) with Morikami, Inc. for the
purchase of a semi-permanent tent structure.
SUMMARY: This fully executed First Amendment to Agreement increases the amount of
project funding by $25,000 from the FY 2007 RAP allocation for District 5, as
authorized in the funding Agreement for this project approved by the Board on
April 18, 2006. The total allocation for
this project is now $50,000. The
Amendment also extends the project completion date from December 31, 2006, to
March 30, 2007, in order to complete the project reimbursement process in a
timely fashion. The Amendment is in
accordance with Resolution R2005-1738, authorizing the delegation of authority
for amending RAP agreements to the County Administrator or his designee. All other terms of the Agreement remain the
same. Funding for the project is from
the Recreation Assistance Program (RAP).
District 5 (AH)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION (Cont’d)
16. Staff recommends
motion to receive and file: the executed Independent Contractor Agreements received during the month
of February:
A)
Kathy Andio, Water Exercise Instructor, North County Aquatic Center (AND1095380207530500A);
B)
Kathryn Vienneau, Jazzercise Instructor, Coconut Cove Recreation Center
(VIEN1093430207525400A);
C)
David Wright, USA Head Swim Coach, Aqua Crest Pool (WRI176520307530300C);
D)
George Tillman, Basketball Referee, Westgate Park & Recreation
Center (TILL10680002075201A);
E)
Carrengton Johnson, Basketball Referee, Westgate Park & Recreation
Center (JOHNS10657802075201A); and
F)
James Grice, Basketball Official, Caloosa Park (GRI1630203075201A).
SUMMARY: In accordance with County PPM CW-O-051, all
delegated contracts/agreements/grants must be submitted by the initiating
Department as a receive and file agenda item.
The Independent Contractor Agreement(s) have been fully executed on
behalf of the Board of County Commissioners (Board) by the County
Administrator/Director of the Parks and Recreation Department in accordance
with Resolution 94-422, amended by Resolution 02-2103, and are now being
submitted to the Board to receive and file.
Countywide (AH)
17. Staff recommends
motion to approve: Recreation
Assistance Program allocation
of $25,000 from District 5 for soccer summer camp program fees. SUMMARY: This allocation provides $25,000
to fund Parks and Recreation soccer summer camp fees at Our Lady Queen of Peace
Mission. Funding is from the Recreation
Assistance Program (RAP). District 5 (AH)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION (Cont’d)
18. Staff
recommends motion to approve:
A)
Agreement with the City of Boynton Beach for the period April 10, 2007,
through April 9, 2012, in an amount not-to-exceed $35,000 for funding of Little
League Park Field Improvements;
B) a
Budget Transfer of $25,000 in the Transportation Improvement Fund from Reserve
for District 7 to the County Transportation Trust Fund;
C) a
Budget Transfer of $25,000 in the Transportation Trust Fund increasing the
annual transfer from the Transportation Improvement Fund and decreasing the
annual transfer from the General Fund;
D) a
Budget Transfer of $25,000 in the General Fund decreasing the annual transfer
to the County Transportation Trust Fund and increasing the annual transfer to
the Park Improvement Fund; and
E) a
Budget Amendment of $25,000 in the Park Improvement Fund increasing the annual
transfer from the General Fund and increasing the appropriation to the District
7 Recreation Assistance Program (RAP).
SUMMARY: This funding is to help offset the cost of
improvements to the City of Boynton Beach’s Little League baseball field at
Little League Park in an amount not-to-exceed $35,000. The budget transfers and budget amendment increase
the Gas Tax support and decrease the ad valorem support of the County
Transportation Trust Fund, thereby allowing for the allocation of $25,000 in ad
valorem support to the District 7 Recreation Assistance Program. At the November 21, 2006 Board Meeting, the
flexibility of up to $200,000 in transfers was approved for this purpose. This project uses $25,000 of the $200,000
available balance in transfers for District 7.
The additional $10,000 for this project is from RAP - District 3. Districts 3 & 7 (AH)
19. Staff recommends
motion to:
A) adopt a Resolution authorizing the Director of Parks and
Recreation, as the Project Manager, to apply for a Florida Fish and Wildlife
Conservation Commission, Florida Boating Improvement Program Grant, for funding
in the amount of $500,000 for Moroso Park boating improvement project; and
B) authorize the Director of Parks and
Recreation, as the Project Manager, to execute and administer the grant
application on behalf of Palm Beach County.
SUMMARY: The Florida Fish and Wildlife Conservation
Commission (FF&WCC) offers grants to local governments through its Florida
Boating Improvement Program for public recreation projects directly related to
the waterways. The grant application requests up to $500,000 from the FF&WCC,
Florida Boating Improvement Program for development and construction costs
related to Moroso Park. The grant
application must be submitted to the FF&WCC by April 27, 2007. The grant application requires a resolution
authorizing the Project Manager to apply for and administer the grant on behalf
of the applicant. The $500,000 FBIP grant will be matched with $500,000 from the 2004 $50 Million
Waterfront Access and Preservation General Obligation Bond referendum. District 7 (AH)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
20. Staff recommends
motion to approve: Budget
Transfer of $23,000 in Park Improvement Fund from the Florida Boating
Improvement Program reserve to Phil Foster Park Boat Ramp improvements. SUMMARY: This
funding will provide necessary maintenance/improvements to two (2) boat ramps
located at Phil Foster Park. Over time,
sand has built up at the base of the boat ramps, and dredging is needed to
return the ramps to their original design/functional depths. Funding is from the Park Improvement Fund
Florida Boating Improvement Program reserve.
District 1 (AH)
N. LIBRARY
1. Staff recommends
motion to approve: Read Down
Your Fines overdue fines amnesty program for children participating in the Palm
Beach County Library’s Summer Reading Program.
SUMMARY: During the Library
System’s 2007 Summer Reading Program (June 11 – August 3), children up to the
age of sixteen (16) can spend time reading in the library and get financial
credit to pay for overdue fines on their library cards (one hour = one
dollar). The credit would not apply to
charges for lost or damaged materials. Countywide (TKF)
P. COOPERATIVE
EXTENSION SERVICE
1. Staff recommends
motion to approve: Amendment No. 1 to the Grant Agreement with
Ray’s Heritage, LLC (R2007-0200) for its new year-round processing and
packaging facility in Belle Glade, which amends the date and time frame of
reimbursable expenditures. SUMMARY:
On February 6, 2007, the Board approved a Grant Agreement with Ray’s
Heritage, LLC to allow for the reimbursement of eligible pre-agreement expenses
subsequent to January 1, 2006 and expenses not incurred more than twenty-four
(24) calendar months subsequent to the effective date of the Grant
Agreement. Amendment No. 1 to the Grant
Agreement will allow Ray’s Heritage, LLC to recoup eligible pre-agreement
expenses incurred subsequent to January 1, 2004. District 6 (AH)
S. FIRE
RESCUE
1. Staff recommends
motion to receive and file: four
(4) original standard agreements for the Fire Rescue Department:
A) Interlocal Agreement for Swimming Lessons with the City of Riviera Beach;
B) Independent Contractor Agreement for Swimming Lessons with the Young Men’s Christian Association of South Palm Beach County, Inc.;
C) Interlocal Agreement for Swimming Lessons with the City of Delray Beach; and
D) Independent Contractor Agreement for Swimming Lessons with the Jewish Community Center of the Greater Palm Beaches, Inc.
Summary: On September 27, 2005, the Board
adopted Resolution No. R2005-1906 authorizing the County Administrator, or his
designee (the Fire Rescue Administrator) to execute standard agreements with
municipalities and independent contractors to provide swimming lessons to
members of the public through the Palm Beach County Drowning Prevention
Coalition’s Learn to Swim Program.
Pursuant to Countywide PPM CW-O-051, four (4) standard County agreements
that have been executed by the Fire Rescue Administrator are being submitted as
a receive and file agenda item for the Clerk’s Office to note and receive. Countywide (SB)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE (Cont’d)
2. Staff recommends
motion to approve: an Extension
to 2005-2006 State Homeland Security Grant Program (SHSGP) Memorandum of
Understanding FM 235 with the State of Florida, Department of Financial
Services, Division of State Fire Marshal, providing for the extension of the
grant period through December 31, 2007. Summary: On January 9, 2007, the Board ratified a
Memorandum of Understanding (MOU) with the State of Florida, Department of
Financial Services, Division of State Fire Marshal (SFM) (R2007-0066),
providing grant funding in the amount of $10,830.62. A Modification to the MOU extending the term
of this Program through February 28, 2007 was also approved at the January 9,
2007 meeting (R2007-0067). The State is now
extending the term of this Program through December 31, 2007 and is requesting
the Board approve a new Extension Agreement.
There is no cost share requirement associated with this Agreement. Fire Rescue will use this grant funding to
provide training in disciplines related to Urban Search and Rescue. Countywide (SB)
3. Staff recommends
motion to approve: the write-off of uncollectible Fire Rescue
receivables to remove these amounts from the County’s financial books for the
following period:
October 1, 2002 through September 30,
2003 $22,750
Summary: In accordance with the
Palm Beach County Fire Code, Palm Beach County Fire Rescue assesses fees for
excessive false alarms. The County also
has agreements for mutual aid with qualified municipalities for the provision
of emergency services throughout Palm Beach County. For the period October 1, 2002 to September
30, 2003, there is currently $22,750 in receivables related to these services
that are deemed to be uncollectible and staff recommends that this amount be
written-off the County’s financial books.
The write-off of these accounts does not eliminate the County’s
authority to continue to pursue collection of these accounts. This recommended write-off does not include
emergency transport fees for which Fire Rescue seeks Board approval separately
on an annual basis. Countywide (SB)
4. Staff recommends
motion to approve: an Interlocal
Agreement relating to the sale of a Fire Rescue vehicle and equipment with
Fentress County, Tennessee. Summary: Fire Rescue currently has an engine (1997
Ferrara Fire Apparatus; VIN 1FV6JLCB0WH806215) that is scheduled to come out of
our fleet. The estimated fair market
value of the engine is $20,000. Approval
of this Agreement will authorize the sale and title transfer of the vehicle to
Fentress County, Tennessee, to be used as the main emergency unit for the
Clarkrange Volunteer Fire Department to respond to fire emergencies within
their response area. Countywide (SB)
5. Staff recommends
motion to approve: the First
Amendment to the Interlocal Agreement with the City of Belle Glade (City) for
the provision of Fire Protection and Emergency Medical Services (Agreement No.
R2005-2442) effective retroactively to October 1, 2006, providing for the
payment of $50,000 for equipment and vehicles transferred to the County. SUMMARY: Palm Beach County currently provides fire rescue
services to the City of Belle Glade through the Fire Rescue MSTU. The County and the City entered into an
Interlocal Agreement setting out certain details of the services, including the
transfer of certain vehicles and equipment from the City to the County. The City has recently satisfied an interest
in one (1) of the fire rescue apparatus and transferred said vehicle to the
County. Approval of this First Amendment
provides for a payment of $50,000 to the City for the vehicles and equipment
transferred upon receipt of documentation verifying that any secured interests
have been paid in full. District 6 (SB)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
X. PUBLIC
SAFETY
1. Staff recommends
motion to receive and file:
the executed Agreement with Boca Raton
Community Hospital to provide grant funding in the amount of $4,250 to purchase
medical decontamination equipment as approved by the Ft. Lauderdale Urban Areas
Security Initiative (UASI). SUMMARY: Resolution R2006-2669 authorized
the County Administrator or his designee to execute standard UASI sub-grant
agreements with various governmental and private agencies on behalf of the
Board of County Commissioners. Countywide (DW)
2. Staff recommends motion to receive and file: a standard Agreement with Xavier Garcia, d/b/a El Cid Animal Clinic for veterinary services in an amount not-to-exceed $10,000, for the period October 1, 2006, through September 30, 2007 for the Public Safety Department. SUMMARY: Resolution R97-583 authorized the County Administrator or his designee to execute standard contracts with various Florida licensed veterinarians to provide needed part-time, relief and emergency “on-call” professional medical services for shelter animals. Countywide (DW)
3. Staff recommends
motion to receive and file:
the executed Agreement with Palm Beach County Medical Society to provide
grant funding in the amount of $15,000 for advanced training to the Special
Medical Response Team as approved by the Ft. Lauderdale Urban Areas Security
Initiative (UASI). SUMMARY: Resolution R2006-2669 authorized the County
Administrator or his designee to execute standard UASI sub-grant agreements
with various governmental and private agencies on behalf of the Board of County
Commissioners. Countywide (DW)
4. Staff recommends
motion to:
A) receive and file the executed contract with Florida Department of Community Affairs to receive $150,000 in residual grant funds from the Office for Domestic Preparedness (ODP) for the period January 1, 2006 to April 30, 2007; and
B) approve a Budget Amendment of $126,659 in the Emergency Management Grant Fund to adjust grant budget to actual.
SUMMARY: Palm
Beach County was awarded a total of $150,000 in residual funds from the State
Homeland Security Grant Program. The
grant will be used to allow all County departments to establish their
Continuity of Operations Plans and to update the Terrorism Incident Response
Annex of the Comprehensive Emergency Management Plan. No County match is required. Countywide (DW)
5. Staff recommends motion to receive and file: two (2) original executed standard interlocal agreements, as approved by the Fort Lauderdale Urban Areas Security Initiative (UASI):
A) Agreement with Village of Wellington to provide $20,000 for equipment to enhance security at their water treatment facilities; and
B) Agreement with City of Lake Worth to provide $4,830 to reimburse their personnel costs in training first responders.
SUMMARY: Resolution R2006-2669 authorizes the County
Administrator or his designee to execute standard UASI sub-grant agreements
with various governmental and private agencies on behalf of the Board of County
Commissioners. Countywide (DW)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
AA. PALM
TRAN
1. Staff recommends
motion to approve: an Agreement
with SunFest of Palm Beach County, Inc. (SunFest, Inc.) to provide shuttle
service for the SunFest 2007 event in downtown West Palm Beach. SUMMARY:
SunFest 2007 begins Thursday, May 3, 2007 and ends Sunday, May 6,
2007. The Agreement specifies the
payment obligations of SunFest, Inc. to Palm Beach County for passengers using
the SunFest bus shuttle services at a rate of $2.15 per boarding. The $2.15 boarding fee also includes the
price of the return trip. Palm Tran will
designate a minimum of one (1) and a maximum of two (2) sites for pick-up. Countywide (DR)
BB. SHERIFF
1. Staff recommends
motion to:
A) accept a
Florida Department of Law Enforcement, State Homeland Security Grant in the
amount of $189,267 for the implementation of Florida’s Domestic Security
Strategic Plan for the grant period of October 1, 2006, through June 31, 2007;
and
B) approve a
Budget Amendment of $189,267 increasing the Sheriff’s Grant Fund.
SUMMARY: The
Agreement is provided by the Florida Department of Law Enforcement. The Palm Beach County Sheriff’s Office (PBSO)
will utilize all equipment purchased through this grant program for the purpose of protecting
the citizens of Palm Beach County and neighboring communities. The PBSO will work in partnership with local,
state, and federal agencies in joint efforts to combat and respond to terrorist
attacks. There is no required
match. No County funds are
required. Countywide (DW)
2. Staff recommends motion to receive and file: Grant Adjustment Notice amending the Regional Domestic Security Task Force Grant which includes an extension of the ending date from December 31, 2006 to February 28, 2007. SUMMARY: On November 23, 2005, the Palm Beach County Sheriff’s Office received an award (R2006-0405) to purchase equipment under the Regional Domestic Security Task Force program. These funds and related equipment which were approved by FDLE for purchase will be used in the implementation of Florida’s Domestic Security Strategic Plan. A time extension was required to complete the expenditure of project funds. There is no match requirement associated with this award. No additional County funds are required. Countywide (DW)
3. Staff recommends
motion to receive and file: Grant
Adjustment Notice amending the National Institute of Justice “DNA Capacity
Enhancement Program” Grant which includes an extension
of the ending date from March 31, 2007 to September
30, 2007. SUMMARY: On August 15, 2006, the Board accepted an
award to the Palm Beach County Sheriff’s Office (PBSO) from the National
Institute of Justice (NIJ) in the amount of $152,103 for the “DNA Capacity
Enhancement Program” (R2006-1505). The
objective of this grant is to update the PBSO’s DNA Section infrastructure in
preparation for an increase in DNA casework, improved efficiency using the
5,000 square feet of newly renovated DNA laboratory space, and a centralized
DNA training area. The Palm Beach County
Sheriff’s Office has been given an extension to allow the grant funds to be
fully expended. There is no grant match
required, nor are any County funds required.
Countywide (DW)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF (Cont’d)
4. Staff recommends
motion to receive and file: Grant
Adjustment Notice amending the National Institute of Justice “Solving Cold Cases with DNA Program” Grant which includes an extension of the ending date from May
31, 2007 to December 31, 2007. SUMMARY: The Palm
Beach County Board of County Commissioners previously, on December 20, 2005 (R2005-2439),
accepted an award of $192,431 for the “Solving Cold Cases with DNA
Program”. The National Institute of
Justice (NIJ) also awarded the PBSO an additional $182,330 for the “Solving
Cold Cases with DNA Program”, increasing the total award for the program to
$374,761. The objective of this grant is
to combine the efforts of the PBSO Special Investigations Bureau, Crimes
Against Children/Sexual Assault Unit and the Violent Crimes Bureau with the
experience of the Serology/DNA Section of the Crime Laboratory to solve cold
cases. The goal is to screen all of the
cold cases for potential biological evidence for the purpose of conducting DNA
analysis such that the laboratory CODIS administrator will enter any qualifying
DNA profile into CODIS. At the time of
the grant application, it was estimated that there are approximately 250 cold
cases from the Crimes Against Children/Sexual Assault Unit and Violent Crimes
Bureau, of which 85 may meet the criteria set forth by this grant. The Palm Beach County Sheriff’s Office has
been given an extension to allow the grant funds to be fully expended. There is no grant match required, nor are any
County funds required in FY 2007. Countywide
(DW)
5. Staff recommends
motion to receive and file: Grant
Adjustment Notice amending the Florida Department of Law Enforcement’s
Florida Consortium “Paul Coverdell National Forensic Sciences Improvement Act”
Grant to extend the ending grant period from March
31, 2007 to September 30, 2007. SUMMARY: The Board
of County Commissioners accepted this grant on April 18, 2006
(R2006-0715). The National Institute of
Justice (NIJ) awarded funds to the Florida Department of Law Enforcement (FDLE)
under the “Paul Coverdell National Forensic Sciences Improvement Act”. This
award will be used to pay overtime to evidence personnel to improve the status
of the impound lot, perform a complete inventory of all evidence and input old
cases in to the electronic evidence database Justice Trax-LIMS plus. This grant will also be used to purchase
bicycle racks, barcode printers, and a hand held computer for evidence
reconciliation and provide funds for a towing company to rearrange vehicles in
the impound lot. The Palm Beach County
Sheriff’s Office has been given an extension to allow the grant funds to be
fully expended. There is no grant match
required, nor are any County funds required in FY
2007. Countywide (DW)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF (Cont’d)
6. Staff recommends motion to approve: a Budget Transfer of $181,096 from the Law Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO) for donations to support or operate drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood or school resource officer programs of various non-profit organizations. SUMMARY: Florida Statute 932.7055 requires that no less than 15% of the LETF’s previous year’s revenues be used for the support or operation of drug abuse education, drug prevention, crime prevention, and safe neighborhood programs. The PBSO’s FY 2007 estimated donation requirement is $173,915. The funds are requested to aid qualified organizations that meet the requirements set forth in F.S. 932.7055. The PBSO’s support of these programs exemplifies its strong commitment to the prevention and reduction of crime throughout the communities it serves and its desire to put money back into these communities to support organizations that provide such services. The current State LETF balance is $1,519,054. Approval of this request will reduce the State Law Enforcement Trust Fund balance to $1,337,958. The PBSO certifies that the use of these funds is in accordance with F.S. 932.7055. Below is a table indicating the organizations the PBSO seeks to fund and the corresponding amount of funding proposed per respective agency. No County funds are required. Countywide (DW)
Child
Protection Team of Palm Beach, Inc. $ 3,000
Extended
Arm, Inc. $ 8,000
Florida
Sheriff’s Youth Ranches – Harmony in the Streets $129,096
NOPE
Task Force, Inc. $ 10,000
Palm
Beach County Coalition for Children $ 1,000
Palm
Beach Recovery Coalition, Inc. $ 10,000
Urban
League of Palm Beach County $ 20,000
Total
Amount of Donations $181,096
7. Staff recommends motion to:
A) accept the National Institute of Justice “DNA Capacity Enhancement Program” Cooperative Agreement in the amount of $205,343 for the period of October 1, 2006 to September 30, 2007; and
B) approve a Budget Amendment of $205,343 increasing the Sheriff’s Grant Fund.
SUMMARY: The
National Institute of Justice has awarded the Palm Beach County Sheriff’s
Office (PBSO) $205,343 for the “DNA Capacity Enhancement Program”. The objective of this program is to continue
to increase the efficiency of the PBSO DNA Section through organization of
crime scene stain evidence, the increase of bench space for conducting
serological and DNA analysis, and to update PBSO’s electronic data capture
capabilities. There is
no grant match required, no additional positions are created, and no County
funds are required in FY 2007.
Countywide (DW)
APRIL 10, 2007
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF (Cont’d)
8. Staff recommends
motion to receive and file:
A) Grant Adjustment Notice amending the Regional Domestic Security Task Force Grant which includes an extension of the ending date from December 31, 2006 to February 28, 2007; and
B) Grant Adjustment Notice
amending the Regional Domestic Security Task Force Grant which includes an
extension of the ending date from February 28, 2007 to June 30, 2007.
SUMMARY: On November 23, 2005, the Palm Beach County
Sheriff’s Office (R2006-0405) received an award to purchase equipment under the
Regional Domestic Security Task Force Program.
These funds and related equipment, which were approved by FDLE for
purchase, will be used in the implementation of Florida’s Domestic Security
Strategic Plan. A time extension was
required to complete the expenditure of project funds. There is no match requirement associated with
this award. No additional County funds
are required. Countywide (DW)
* * * * * * * * * * * *
APRIL 10, 2007
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
A. Proclamation
of the Board of County Commissioners of Palm Beach County, Florida, celebrating
Greenacres a “One of the 100 Best Communities for Young People”. (Sponsored by Commissioner Koons)
B. Proclamation
of the Board of County Commissioners of Palm Beach County, Florida, declaring
April 2007 as “Child Abuse Prevention Month” in Palm Beach County. (Sponsored by Commissioner Koons)
C. Proclamation
of the Board of County Commissioners of Palm Beach County, Florida, declaring
April 2007 as “Fair Housing Month” in Palm Beach County. (Sponsored by Commissioner Greene)
D. Proclamation
of the Board of County Commissioners of Palm Beach County, Florida, declaring
April 2007 as “Pets are Wonderful Month” in Palm Beach County. (Sponsored by Commissioner Greene)
E. Proclamation
of the Board of County Commissioners of Palm Beach County, Florida, declaring
April 2007 as “Water Conservation Month” in Palm Beach County. (Sponsored by Commissioner Newell)
F. Proclamation
of the Board of County Commissioners of Palm Beach County, Florida, declaring
April 2007 as “Drowning Prevention Awareness Month” in Palm Beach County. (Sponsored by Commissioner Newell)
G. Proclamation
declaring the week of April 22 – 28, 2007 as “Victims’ Rights Week” in Palm
Beach County. (Sponsored by Commissioner McCarty)
H. Proclamation
declaring the month of April 2007 as “Sexual Assault Awareness Month” in Palm
Beach County. (Sponsored by Commissioner
McCarty)
I. Certificate
of Appreciation to Vivian Palmer for her years of dedicated service to the
Palms West Chamber of Commerce and Central Palm Beach County. (Sponsored by Commissioner Santamaria)
J. Proclamation
declaring April 15, 2007 as “Yom Hashoah Remembrance Day” in Palm Beach
County. (Sponsored by Commissioner
Aaronson)
K. Proclamation
declaring April 15, 2007 through April 21, 2007 as “Days of Remembrance of the
Victims of the Holocaust” in Palm Beach County.
(Sponsored by Commissioner Aaronson)
L. Proclamation
declaring the week of April 8 – 14, 2007 as “Public Safety Telecommunicators
Week” in Palm Beach County. (Sponsored
by Commissioner Santamaria)
* * * * * * * * * * * *
APRIL 10, 2007
5. PUBLIC
HEARINGS - 9:30 A.M. (Motion to receive
and file: Proof of Publication)
A. Staff recommends motion to amend: the Certificate of Public Convenience and Necessity (COPCN) for Barton Protective Services, LLC d/b/a Allied Barton Protective Security Services, LLC to read “Allied Barton Security Services, LLC.” SUMMARY: To enable Barton Protective Services (Barton) to renew their State EMS/ALS license, the State requires that Barton’s County COPCN reflect exactly the name which will appear on their renewed State license. District 6 (DW)
B. Staff recommends
motion to approve: Budget amendments and transfers in various funds
reflecting adjustments for balances brought forward, other revenues, reserves
and operating expenses. The total amount
of the adjustments is an increase of $75,626,502 in 182 funds. SUMMARY: These budget amendments and transfers are
necessary to adjust FY 2007 budgets to reflect differences between actual and
estimated revenues and expenditures of FY 2006.
These amendments adjust the balances brought forward, various revenue,
expenditure and reserve accounts to their audited balances. The proposed increases include $28,473,652
additional reserves for balances brought forward in Countywide tax equivalent
funds. The adjustment is a result of: A)
$12,389,032 additional excess fees: Clerk & Comptroller $9,295,245, and Tax
Collector $3,093,787; B) a decrease
of $9,046,995, resulting from more
expenditures than originally estimated/budgeted by the Sheriff’s Office -
according to the Sheriff’s Office, actual expenditures were more than
estimated/budgeted due to unanticipated hurricane-related expenses
$4,718,787(eligible for FEMA reimbursement), worker’s compensation $2,700,000,
and overtime $1,628,208. The Sheriff’s
FY 2007 budget was increased by $12,095,680, based on the carry-forward
estimate for the Mobile Data project. However, only $3,048,685 was unexpended
and returned to the County, leaving a $9 million deficit in the Mobile Data
Project; C) $9,465,828 additional
revenue: FEMA $8,345,468 and other revenue sources $1,120,360; and D) $15,665,787 net under expended
Countywide: grant match, a savings of
$3,742,798; and other Countywide, $11,922,989 less in expenditures than
originally estimated. The additional
available resources are being placed in reserves for offsetting next year’s
revenue requirements. Countywide (PFK)
* * * * * * * * * * * *
APRIL
10, 2007
6. REGULAR
AGENDA
A. ADMINISTRATION
1. Staff
recommends motion to accept:
Presentation of the 2007 Legislative Session update. SUMMARY: A presentation reviewing Palm Beach County’s
2007 Legislative Agenda priorities, appropriation’s status and legislative
session update with the Board of County Commissioners. Countywide (DSW)
2. Staff recommends
motion to approve: the Criminal Justice Commission’s
recommendation to appoint Michael L. Rodriguez as Executive Director, Criminal
Justice Commission (CJC), effective immediately upon ratification by the Board
of County Commissioners. SUMMARY: On January 21, 2007, the position was
advertised statewide and posted in several national publications. Forty-nine (49) applications were received. The CJC’s Selection Committee narrowed the
list down to nine (9) applicants.
Interviews were held March 12, 2007 and the Committee selected three (3)
finalists. Countywide (DW)
B. COMMUNITY SERVICES
1. Staff recommends
motion to approve:
A) Contract with Haitian American Community
Council for the period October 1, 2006, through September 30, 2007, in the
amount of $137,200 for services
designed to ensure that early entrants, asylees, refugees and new immigrants
transition to their new home in South Florida; and
B) Waiver of Section
305.07 of the Palm Beach County Administrative Code which states that County
assistance shall not exceed 25% of a delegate agency’s total operating budget.
SUMMARY: Continued County funding for this agency was
not initially recommended by staff due to administrative and fiscal concerns
documented over the previous contract period.
The same concerns recently caused The Children’s Services Council to
withdraw their funding from the agency.
The County contract is now being presented per Board direction provided
during the FY 2007 budget process. With
approval of this item, the County will be the principal funder of this agency. Staff will provide additional performance
reviews, fiscal monitoring and technical assistance as needed to ensure that
contract terms are met. The information
submitted in this item reflects part of the total funding approved by the Board
of County Commissioners for FY 2007, which is $13,373,836. This Contract was presented to the Board on
February 27, 2007, and deferred for a 30 day period. (Financially Assisted Agency Program) Countywide (TKF)
APRIL
10, 2007
6. REGULAR
AGENDA
C. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff
recommends motion to approve: the Procedures for the Selection
and Rotation of Disclosure Counsel on future County bond issues. Summary: Because of an increased emphasis on
disclosure in official statements for the sale of County Bonds and requirements
for continuing disclosure required by the Securities and Exchange Commission,
County staff and the County’s financial advisor are recommending the
appointment of disclosure counsel for County bond issues. Disclosure Counsel will be responsible for
the preparation of the County’s official statement and other disclosure matters
for initial bond issues and ongoing disclosure in the County’s Comprehensive
Annual Financial Report. We are
recommending that the firms on the County’s Bond Counsel Rotation List provide
disclosure counsel services because of their familiarity with County bond
issues and our ongoing disclosure requirements.
The County’s Underwriting Policies and Procedures will be amended to
reflect that under normal circumstances the fee for Disclosure Counsel will not
exceed 50% of the Bond Counsel fee for each bond issue. Countywide (PFK)
2. Staff recommends motion to adopt: a Resolution authorizing the issuance of its Taxable Public Improvement Revenue Bond Anticipation Notes (Convention Center Hotel Project), Series 2007 in the aggregate principal amount of not exceeding $11,550,000 for the purpose of paying the principal of and the interest due on the County’s $10.5 Million Taxable Public Improvement Revenue Bond Anticipation Notes (Convention Center Hotel Project), Series 2005 on or before the maturity date thereof and paying costs of issuance for the 2007 Bond Anticipation Notes; providing for the application of the proceeds of the 2007 Notes; authorizing the issuance of Public Improvement Revenue Bonds (Convention Center Hotel Project) in an aggregate principal amount at least sufficient to pay the principal of, and interest on, the 2007 Notes when due or upon the earlier redemption thereof; determining certain details of the 2007 Notes; providing for the negotiated sale of the Notes with Wachovia Bank, National Association; appointing a paying agent and registrar for the 2007 Notes; authorizing the proper officers of the County to do all other things deemed necessary or advisable as to the sale and delivery of the 2007 Notes; providing for this Resolution to supersede Resolution No. R2005-0808 to the extent inconsistent herewith; and providing for an effective date. Summary: On April 19, 2005, the Board authorized the sale of $10.5 Million Taxable Public Improvement Revenue Bond Anticipation Notes (Convention Center Hotel Project), Series 2005 to provide initial financing for the cost of acquiring the convention center hotel site, paying preliminary architectural, engineering and legal fees associated with the convention center hotel project, including the acquisition of the convention center hotel site and cost of issuance of the Notes. The original BAN comes due on April 30, 2007. The above BAN is payable on November 1, 2010 and interest is payable semiannually beginning on November 1, 2007. The County expects to pay off the Notes when it issues the financing for the hotel project. Countywide (PFK)
APRIL 10, 2007
6. REGULAR AGENDA
D. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve: a
repayment of $3,096 to the Robert E. Pinchuck Memorial Housing Trust Fund (HTF)
from Housing and Community Development’s (HCD) earned program income derived from
the repayment of rehabilitation loans made to private property owners. This repayment will resolve a monitoring
finding by the Florida Housing Finance Corporation (FHFC) who provides State
Housing Initiative Program (SHIP) funding to Palm Beach County. SUMMARY: The Commission on Affordable Housing’s (CAH)
Utility Connection/Impact Fee Program provides up to $10,000 for the cost of:
initiating new water or sewer service; water or sewer service connection fees;
or utility and road impact fees for an eligible primary residence. This program serves very low (50% and below of
the area median income) and low income (51% to 80% of the area median income)
households. In Fiscal Year 2003-2004,
Marvin and Betty Prince received $3,096 to finance the initiation of a new
water service and connection fees. Based
on verification of the household income they were determined at that time to be
low income and deemed eligible to participate in the program. The FHFC contracts with Florida Planning
Group, Inc., to monitor SHIP Programs throughout the State. The CAH was monitored on May 25, 2006 for
Fiscal Year 2003 – 2004. After Florida
Planning Group, Inc. reviewed the Prince’s file, this family was deemed a
moderate income household and ineligible. Florida Planning Group indicated that the CAH
should have projected the husband’s over-time income for a full twelve (12)
months even though he may not actually earn it. Ms. Prince (the wife) attended a meeting with
CAH staff to discuss repayment options. She
however is now a single parent and the sole financial provider for her family
of three (3) and cannot repay the assistance. HCD will use program income from a
rehabilitation loan to a private rental housing developer to repay the HTF. Countywide (TKF)
E. SHERIFF
1. Staff recommends
motion to approve: Budget
Transfer of $2,600,000 from General Fund Contingency to the Sheriff’s Office to
purchase replacement vehicles. SUMMARY: The Budget Transfer will continue the on-going
initiative to bring the fleet of deputy vehicles up to readiness regarding age
of vehicle and cumulative mileage. The
additional funding requested will address part of the backlogged routine
replacement. Countywide (DW)
* * * * * * * * * * * *
APRIL 10, 2007
7. BOARD
APPOINTMENTS
A. ADMINISTRATION
(Overall
Economic Development Program)
1. Staff recommends
motion to approve: appointment of two (2) members to the Overall
Economic Development Program (OEDP) Committee:
Nominee Seat
Requirement/Nominated by Seat
No. Term
Expires
Alison
Pruitt Marine Industries Association 12 07/13/08
of
Palm Beach County, Inc.
Kathy
Andress Port
of Palm Beach District 19 07/13/08
SUMMARY: The OEDP Committee is comprised of twenty-five
(25) members in accordance with Resolution No. 2005-1921. The new appointees, Alison
Pruitt and Kathy Andress, will replace William Yeargin and Jean L. Enright, Ph.
D. who have recently resigned. Ms.
Pruitt and Ms. Andress will complete the remaining terms of four (4) years,
beginning April 10, 2007 through July 13, 2008.
The OEDP Committee reviews and makes recommendations to the Board of
County Commissioners on important economic development programs, projects and
issues. Countywide (DW)
B. AIRPORTS
(Aviation and Airports Advisory Board)
1. Staff recommends motion to approve: appointment of Ronald M. Ash to At-Large Seat No. 8 on the Aviation & Airports Advisory Board to complete term of Bernice Haydu. The term will expire on January 11, 2008:
Nominee Seat No. Seat Requirement Nominated By:
Ronald M. Ash 8 Favorable reputation for Comm. Greene experience in architecture, Comm. Marcus
engineering, banking, Comm. Koons
insurance, law, accounting Comm. McCarty
non-residential construction Comm. Aaronson
business or consumer.
SUMMARY: Per Resolution No. R96-205, the Aviation
& Airports Advisory Board consists of nine (9) members. Seven (7) members are District appointments
(Seats 1 through 7) and two (2) members are At-Large appointments (Seats 8
& 9). Ms. Haydu submitted a letter
of resignation due to health reasons.
Mr. Ash meets the membership requirements and is willing to serve. Countywide (LMB)
(Citizens’ Committee on Airport Noise)
2. Staff recommends motion to approve: appointment of the following individual to the Citizens’ Committee on Airport Noise (CCAN) to complete term expiring January 11, 2008:
Nominee Seat No. Nominated by
SUMMARY: Per Resolution No. R2002-0544, the Citizens’ Committee on Airport Noise consists of 13 seats of which six (6) (Seat No. 8 through Seat No. 13) are recommended for appointment by the organizations approved by the BCC. The Economic Council of Palm Beach County has recommended Jeffrey Phipps. Countywide (LMB)
APRIL 10, 2007
7. BOARD APPOINTMENTS
C. COMMUNITY
SERVICES
(Citizens Advisory Committee on Health
and Human Services)
1. Staff recommends
motion to approve:
A) reappointment of three (3) members
to Seats 1, 4, and 7 of the
Palm Beach County Citizens Advisory Committee on Health and Human Services for
the terms indicated:
Reappointment Category/Seat No. Term Nominated by:
Thomas A. Arnedos Health Services/Seat 1 4/10/07-9/30/09 Comm. Marcus
Comm. Koons
Comm. Greene
Comm. Newell
Comm. Aaronson
Dr. Cynthia R. Smith Health Services/Seat 4 4/10/07-9/30/09 Comm. Marcus
Comm. Koons
Comm. Greene
Comm. Aaronson
Barbara H. Jacobowitz Support Services/Seat 7 4/10/07-9/30/09 Comm. Marcus
Comm. Koons
Comm. Greene
Comm.
Aaronson
B)
appointment of two (2) new members to vacant Seats 5 and 10 on the
Citizens Advisory Committee on Health and Human Services for the terms
indicated:
Nominee Category/Seat No. Term Nominated by:
Michael E. Gauger Support Services/Seat 10 4/10/07-9/30/09 Comm. Marcus
Comm. Koons
Comm. Greene
Comm. Newell
Comm.
Aaronson
Brenda Gail Oakes Human Services/Seat 5 4/10/07-
9/30/09 Comm. Greene
Comm. Koons
Comm.
Aaronson
SUMMARY: The
Citizens Advisory Committee on Health and Human Services consists of eleven
(11) members with at least one (1) member being a resident west of the 20 Mile
Bend and at least one (1) member being a representative of the Palm Beach
County League of Cities. Founding
members were appointed for 1, 2 and 3 year terms with subsequent terms for
three (3) years. Resolution R2001-0913
requires the Executive Committee of the Citizens Advisory Committee to solicit
and recommend member nominations for transmittal to the Board of County
Commissioners. The Executive Committee
has recommended these appointments and reappointments. The Board of County Commissioners was
notified by memos dated February 13, 2007 and March 5, 2007, and requested to
provide nominations. Countywide (TKF)
APRIL 10, 2007
7. BOARD APPOINTMENTS
D. Environmental Resources Management
(Artificial Reef and Estuarine Enhancement Committee)
1. Staff recommends motion to approve: one (1) appointment of an at-large member to the Artificial Reef and Estuarine Enhancement Committee (AREEC) for three (3) years beginning April 10, 2007, through April 10, 2010:
Appointment: Representing Seat
No. Nominated By
James J. Barry Local Government Entity
3 Comm. Marcus
Comm.
Koons
Comm.
Newell
Comm.
McCarty
Comm.
Greene
Comm.
Aaronson
Summary:
Resolution No. R96-1489 provides for a nine (9) member AREEC. The
membership consists of one (1) representative of the County Commission; two (2)
members representing other local governmental entities; one (1) representing
commercial scuba diving interest; one (1) member representing commercial marine
industry; one (1) member representing commercial fishing interests; one (1)
member representing a recreational fishing club; one (1) member representing a
recreational scuba diving club; and one (1) member representing an
environmental organization. A Memorandum
dated March 2, 2007 was sent to the Board advising that the term of Seat 3 had
expired. This appointment is for a three
(3) year term expiring April 10, 2010.
The nominee meets his respective seat requirement and wishes to serve on
the AREEC. Countywide (HF)
APRIL 10, 2007
7. BOARD APPOINTMENTS
E. PUBLIC SAFETY
(Consumer Affairs Hearing Board)
1. Staff recommends
motion to approve:
A) appointment of two (2) new members to the Consumer Affairs Hearing Board for terms expiring December 31, 2008:
Nominee Seat No. Requirement Nominated by
Pedro M. Guilarte 2 Chamber of Commerce Hispanic Chamber
Representative of Commerce
Comm. Koons
OR
Javaid Igbal 2 Chamber of Commerce LakeWorth
Representative Chamber of
Commerce
Herbert Milstein 9 Special Technical N/A
B) reappointment of two (2)members to the Consumer Affairs Hearing Board for terms expiring December 31, 2008:
Nominee Seat No. Requirement Nominated
by
Harold Murphy 5 Mgmt/Business N/A
Expertise
Daniel Friedman 1 Attorney N/A
SUMMARY: The Palm Beach County Consumer Affairs
Ordinance established a Hearing Board.
The nine (9) members are selected for countywide representation and
serve two (2) year terms for a maximum of six (6) years. The board serves in both an advisory capacity
to the County Commissioners and as an appeals board to hear and act on consumer
concerns about unfair/deceptive business practices and appeals relating to the
towing, vehicle for hire, moving and price gouging ordinances. The Hearing Board represents various trades,
organizations and the general public. After these four (4) appointments, the
Hearing Board still needs two (2) nominees to fill positions for: 1) certified
contractor; and 2) person interested in consumer protection. Countywide (DW)
APRIL 10, 2007
7. BOARD APPOINTMENTS
F. WATER UTILITIES
(Water
Utilities Advisory Board)
1. Staff recommends
motion to approve: the reappointment of two (2) at-large members to the Water Utilities Advisory Board
(WUAB) for a term of three (3) years, effective May 2, 2007:
Seat No. Nominee Requirement Nominated by:
8
Seymour Lubetkin Customer/resides in PBC Comm. Greene
Comm.
Koons
Comm.
Marcus
Comm.
Aaronson
9 Lawrence
Gold Customer/resides in PBC Comm. Greene
Comm.
Koons
Comm.
Marcus
Comm. Aaronson
SUMMARY: The Water Utilities Advisory Board consists of 11
citizen members; all of which must reside within Palm Beach County. At-Large members must be current customers of
the Water Utilities Department. On May
1, 2007, Seymour Lubetkin and Lawrence Gold’s terms will expire as at-large
members of the Water Utilities Advisory Board.
Mr. Lubetkin and Mr. Gold have actively served on the WUAB for 22 and
five (5) years respectively, and both continue to meet the requirements for
membership. Mr. Lubetkin and Mr. Gold
have expressed their desire to continue to serve on this board. Countywide (MJ)
G. PLANNING,
ZONING & BUILDING
(Nuisance
Abatement Board)
1. Staff recommends
motion to approve: reappointment of the following members to the
Nuisance Abatement Board (NAB):
Name Membership
Requirement
Linda L. O’Rourke PBC resident
Craig
B. Kunkle, Jr. PBC
resident
SUMMARY: The NAB is composed of five (5) members. All members must be residents of Palm Beach
County. Ms. O’Rourke and Mr. Kunkle meet
the residency requirement provided for in the Nuisance Abatement Ordinance. Ms.
O’Rourke’s and Mr. Kunkle’s recent term expired February 24, 2007. These reappointments shall be for a two (2)
year term, expiring on February 24, 2009.
Countywide (RB)
H. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
APRIL 10, 2007
8. MATTERS
BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
APRIL 10, 2007
9. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
APRIL 10, 2007
10. COMMISSIONER
COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS
B. District
2 - COMMISSIONER JEFF KOONS, VICE CHAIR
C. District
3 - COMMISSIONER WARREN H. NEWELL
D. District
4 - COMMISSIONER MARY MCCARTY
E. District
5 - COMMISSIONER BURT AARONSON
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER ADDIE L. GREENE, CHAIRPERSON
11. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."
April 10, 2007 – 9:30a.m.
Final
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
APRIL 10, 2007
PAGE ITEM
7 3A-4 REVISED TITLE: Staff recommends motion to approve: A) a Federally funded subgrant Agreement with
the Florida Division of entering
into a Contract with Federal Emergency Management Agency (FEMA) for a
grant to complete the design of drainage improvements as part of the Hazard
Mitigation Grant Program; and…
18 3F-4 DELETED: Staff
recommends motion to adopt: a
Resolution approving a revised standard form Executive Hangar Lease Agreement
(Agreement); authorizing the County Administrator or his designee to execute
the standard form Agreement; authorizing certain changes to the standard form
Agreement; repealing Resolution R95-846; and providing for an effective
date. (Further staff review) (Airports)
45 3BB-7 DELETED: Staff recommends motion to: A) accept the National Institute of Justice “DNA Capacity Enhancement Program” Cooperative Agreement in the amount of $205,343 for the period of October 1, 2006 to September 30, 2007; and … (Moved to May 1, 2007) (Sheriff)
49 6A-3 ADD-ON: Staff recommends motion to approve:
A) a Development Agreement with Ocean Properties,
LTD, Convention Center Hotel Development LLC, Convention Center Residential
Development LLC, Convention Center Garage Development LLC and Convention Center
Tunnel Development LLC to construct the Convention Center Hotel, Residential
Condominiums, Garage and Tunnel;
B) a Hotel Lease with WPB West, LLC, an affiliate of Ocean
Properties, LTD;
C) a Residential
Land Lease with WPB West, LLC, an affiliate of Ocean Properties, LTD; and
D) a Hotel Room Block Agreement with WPB West, LLC, an affiliate of Ocean
Properties, LTD.
Board Approval is subject to final review and approval by external Bond
Counsel.
SUMMARY: On June 1, 2004, the Board of County
Commissioners selected Ocean Properties, LTD (OPL) as the developer for the
Convention Center Hotel. These
Agreements are the required documents to allow the construction of the
Convention Center Hotel to move forward in accordance with the terms presented
to the Board of County Commissioners by OPL and in accordance with the
Settlement Agreement. Countywide (JM)
(Administration)
51 6F-1 ADD-ON: Staff
recommends motion to approve: an Amendment to the Agreement (R2002-0278)
with Ogletree, Deakins, Nash, Smoak & Stewart, P.A., for Legal Services,
pursuant to which David M. DeMaio, Esq. will continue to represent the
interests of the County, Maurice Rosenstock and Daniel Hyndman in the case of
James McCarthy v. Palm Beach County, et al., Case No. CA 01-13485 AO, at a new
schedule of rates, in an amount not-to-exceed $180,000, and costs not-to-exceed
$35,000. SUMMARY: James McCarthy claims that he was arrested in
December 1997, and charged with twenty-two (22) counts of grand theft, as a
result of false information provided to the State Attorney’s Office by Maurice
Rosenstock and Daniel Hyndman. David DeMaio is a former Assistant United States
Attorney who has handled similar lawsuits, and David DeMaio has represented the
Palm Beach County Sheriff’s Office and the City of West Palm Beach. His
law firm represents the County in labor matters. Countywide (AJM) (County
Attorney)
51 6G-1 ADD-ON: Staff recommends motion to:
A) deny the Village of Wellington and the District Six Commissioner’s request for a span wire traffic signal at Forest Hill Boulevard and Quercus Lane (which, if approved, would be installed with District Six funds); and
B) If the Board
determines that a signal should not be installed, staff requests Board
direction on the contingent concept to not construct the new northbound lane on
Forest Hill Boulevard in the area and consider the initiation of a CRALLS for
this road section; and
C) B) requests the Board reaffirm the intention of constructing
improvements in a priority fashion along this road segment and direct staff to
take all actions necessary to accomplish the above directions.
SUMMARY: The County is
completing plans to widen Forest Hill Boulevard from four (4) lanes to six (6)
lanes between Wellington Trace and Southern Boulevard and is awaiting a
drainage permit to be able to bid the work.
It is on the Five-Year Road Program for construction this year and there
is a development that is phased to the construction. About 1,200 feet south of the Southern
Boulevard intersection is the intersection at Quercus Lane. On the east side is a fully built out
community of approximately 86 homes with a single entrance/exit at Forest Hill
Boulevard, while the neighborhood on the west side has approximately 17
homes. They have requested a traffic
signal and the Village Council and the District Commissioner supports the
request. The recent signal warrant study
showed that no single hour of the eight (8) hours required to meet the warrant
was met. An additional study showed an
average of 12 seconds of delay was experienced during the peak morning
hour. During a Village Council meeting
there was discussion that the southbound third lane should definitely be
constructed to eliminate the current merge condition. There was no consensus on the need for the
new third northbound lane. There seemed
to be Council consensus that the entire widening project could be supported if
a signal was installed for the neighborhood.
Additional information/justification on the signal request can be found
in the Background Section of this item. District
6 (MRE) (Engineering)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the preliminary addition/deletion sheet
distributed to the Board the prior day are noted with an asterisk (*).