ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

NOVEMBER 6, 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 (Page 6-37)

 

4.         SPECIAL PRESENTATIONS - 9:30 A.M. (Page 38)

 

5.         REGULAR AGENDA (Page 39-42)

 

6.         BOARD APPOINTMENTS (Page 43)

 

7.         MATTERS BY THE PUBLIC - 2:00 P.M. (Page 44)

 

8.         STAFF COMMENTS (Page 45)

 

9.         COMMISSIONER COMMENTS (Page 46)

 

10.       ADJOURNMENT (Page 46)

 

 

 

 

* * * * * * * * * * *

 


NOVEMBER 6, 2007

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 6

3A-1    Resolution from Town of Jupiter regarding home rule and Resolution from Lee County Board of County Commissioners regarding funding for Herbert Hoover Dike

            3A-2    Amendment No. 5 with U.S. Strategies Corp. for Federal lobbying

            3A-3    Agreement with the Lester Family Investments, L.P. regarding professional services related to the Briger Property

Page 7

            3A-4    Agreement w/Florida Atlantic University regarding the Strategic Economic Development Plan

            3A-5    Agreement with the World Trade Center Association Palm Beach, Inc. regarding promoting Palm Beach County internationally, etc.

            3A-6    Grant Agreement with Riviera Beach Maritime Academy for the Marine Tech Prep Program

Page 8

            3A-7    Grant Agreement with The Palm Beach International Film Festival for the 2008 Palm Beach International Film Festival

            3A-8    Conference travel and reimbursement expenses for Vincent Goodman

Page 9

            3A-9    Handicapped Accessibility and Awareness Program grants to six (6) non-profit agencies

Page 10

            3A-10 Neighborhood Partnership Grant Agreements to five (5) organizations

3A-11 Budget Transfer/Amendment for Dillman Heights speed humps project 

 

B. CLERK & COMPTROLLER

Page 11

            3B-1    Warrant list

            3B-2    Minutes

            3B-3    Contracts and claims settlements list

            3B-4    Change orders, work task orders, minor contracts, final payments and other items

           

C. ENGINEERING & PUBLIC WORKS

Page 11

            3C-1   Annual pavement marking contract with Ameriseal Northeast Florida, Inc.

            3C-2   Annual roadway landscaping contract with Superior Landscaping & Lawn Service, Inc. and Vila & Son Landscaping Corp.

Page 12

            3C-3   Resolution transferring jurisdictional control of Barwick Road

            3C-4   Budget Transfer/Amendment regarding street lighting maintenance on Hagen Ranch Road

            3C-5   Change Order No. 10 with Bergeron Land Development regarding Lawrence Road

            3C-6   Agreement with Horseshoe Acres Club, Inc. regarding beautification along Northlake Blvd.

Page 13

            3C-7   Subordination of Utility Interest from FPL in a parcel of land located on Jog Road

            3C-8   JPA with FDOT for SR 704 and Tamarind Ave. intersection improvements

            3C-9   Establishing an impact fee credits related to the Milan at Town Center development

            3C-10 Warranty Deed and Subordination of Utility Interests regarding Northlake Blvd.

Page 14

            3C-11 FY 2007-2008 Pathway Program

            3C-12 Interlocal Agreement with Town of Loxahatchee Groves providing for permit review

            3C-13 Interlocal Agreement with Loxahatchee Groves Water Control District to pave South “F” Rd.

           

            D. COUNTY ATTORNEY

Page 15

3D-1   Quit-Claim Deed to United Pentecostal Church of West Palm Beach, Inc. regarding Palm Beach Farms Plat No. 3

3D-2   Settlement in eminent domain case PBC v. Maria Mink (Southern Native Nursery)

3D-3   Settlement in eminent domain case PBC v. Maria Mink  (Christian Life Center)

 

E. COMMUNITY SERVICES

Page 16-18

            3E-1    Financially Assisted Agency Program contracts with 46 non-profit agencies


NOVEMBER 6, 2007

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

F. AIRPORTS

Page 19

            3F-1    Second Amendment to Airline-Airport Use and Lease Agreement with Delta Air Lines, Inc.

            3F-2    Resolution approving new Airline Operating and Lease Agreement form

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 19

3G-1   Resolution regarding reimbursement of certain costs and expenditures relating to law enforcement information technology equipment and software

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 19

            3H-1    Lease Agreement with Village of Royal Palm Beach for PBSO substation

Page 20

            3H-2    Work Order No. 07-038A with Kerney & Associates, Inc. for HVAC repairs at PBIA

            3H-3    Amendment No. 2 with Suffolk Construction Company, Inc. regarding Airport Center renovations

            3H-4    Amendment No. 1 with Moss & Associates, LLC regarding demucking/earthwork at West County Detention facility

Page 21

            3H-5    Transfer of assets to PBSO and Department of Airports

3H-6    Utility Easement Agreement in favor of FPL for electrical service to Dick Moroso Waterway Park

3H-7    Signage, Landscape and Maintenance Easement Agreement with School Board regarding entrance sign at Park Vista High School

           

I. HOUSING & COMMUNITY DEVELOPMENT

Page 22-23

3I-1      Community Development Block Grant Program agreements with 19 non-profits agencies and one (1) municipality

Page 24-25

            3I-2      Emergency Shelter Grants Program agreements with 14 non-profit agencies

Page 25

            3I-3      Reimbursement to the Village of Royal Palm Beach regarding Bobbie Joe Lauder Park

            3I-4      Reimbursement to the City of Lake Worth regarding Wingfield St. and Washington Ave.

Page 26

            3I-5      Agreement with the City of Riviera Beach for West 33rd Street improvements

            3I-6      Fourth Amendment to Hurricane Housing Recovery Plan

            3I-7      Amendment No. 1 with We Help Community Development Corp. regarding Abidjan Estates

Page 27

            3I-8      Repayment to the Robert E. Pinchuck Memorial Housing Trust Fund

            3I-9      Agreement with the Town of Jupiter for soccer field and walking trail construction

            3I-10   Amendment No. 3 with New Urban Development Corp. to expend loan closing date

            3I-11   Amendment No. 1 with Town of Jupiter modify project scope relative to North Hepburn and North Orange Avenues

Page 28

3I-12   Agreement with Community Land Trust of Palm Beach County for administration and operation costs

3I-13   Amendment No. 2 w/Lake Worth Community Development Corp. to extend loan closing date

 

J. PLANNING, ZONING & BUILDING  -  None

 

K. WATER UTILITIES

Page 29

            3K-1    Receive and file six (6) standard development agreement or renewal agreements

            3K-2    Change Order No. 4 with Lanzo Construction, Inc. for Northern Region Utility Pipeline project

Page 30

            3K-3    Contract with Southeast Drilling Services, Inc. for Wellfield Rehabilitation Program

            3K-4    Work Authorization No. 8 with Foster-Marine Contractors, Inc. for Ferndale Capital water main extension project


NOVEMBER 6, 2007

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

K. WATER UTILITIES (Cont’d)

Page 31

3K-5    Interlocal Agreements with City of Belle Glade and Health Care District related to potable water pipeline construction

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 31

            3L-1    Change Order No. 1 with J.F. Brennan Co., Inc. for Sediment Management project

 

M. PARKS & RECREATION

Page 31

            3M-1   Agreement with Community Back to School Bash, Inc. for back to school event

Page 32

            3M-2   Staging Area Agreement with FPL to utilize a portion of John Prince Park

            3M-3   Interlocal Agreement with School Board for services at the therapeutic recreation center

            3M-4   First Amendment with City of Pahokee for the 2007 Muck City Champions celebration

Page 33

            3M-5   Receive and file 11 independent contractor agreements

Page 34

            3M-6   Agreement with Loxahatchee Historical Society, Inc. regarding historic Tindall Homestead

            3M-7   Budget Amendments relating to Southwinds Golf Course Clubhouse

Page 35

            3M-8   Florida Communities Trust Grant for the acquisition of the Susan DuBois Kindt Estate

 

N. LIBRARY

Page 35

3N-1    Grant Agreement with the Division of Library & Information Services for the Hagen Ranch Road Branch Library

 

P. COOPERATIVE EXTENSION SERVICE  -  None

 

Q. CRIMINAL JUSTICE COMMISSION  -  None

 

R.  HUMAN RESOURCES  -  None

 

S. FIRE RESCUE

Page 35

3S-1    Second Amendment for labor negotiation services with Ogletree, Deakins, Mash, Smoak & Stewart, P.C.

 

T. HEALTH DEPARTMENT  -  None

 

U. INFORMATION SYSTEMS SERVICES

Page 36

            3U-1    Amendment No. 7 with Metatomix, Inc. regarding VPT/LEX project

 

V. METROPOLITAN PLANNING ORGANIZATION  -  None

 

W. PUBLIC AFFAIRS  -  None

 

X. PUBLIC SAFETY  -  None

 

Y. PURCHASING  -  None

 

Z. RISK MANAGEMENT  -  None


NOVEMBER 6, 2007

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

AA. PALM TRAN

Page 36

            3AA-1 Deleted

            3AA-2 Agreement with FL Dept. of Highway Safety and Motor Vehicles regarding driver license examinations

Page 37

            3AA-3 Budget Transfer/Amendment to reclassify Federal Transit Administration funding

 

BB. SHERIFF

Page 37

3BB-1 Dept. of Justice Office of Justice Programs Edward Bryne Memorial Discretionary Grant award

 

 

SPECIAL PRESENTATIONS - 9:30 A.M.

Page 38

            4A       Business Development Board’s National Accreditation with IEDC

            4B       National Hospice and Palliative Care Month – 30th Anniversary

            4C       Alzheimer’s Awareness Month

            4D       National Adoption Month

            4E       Joey Bergsma Retinoblastoma Awareness Month

           

 

REGULAR AGENDA

 

ADMINISTRATION

Page 39

            5A-1    Everglades Agriculture Area (EAA) Mining Impacts

           

            AIRPORTS

Page 39

            5B-1    Retail Concession Agreement with Paradies-Palm Beach, LLC at PBIA

 

FIRE RESCUE

Page 40

            5C-1   Ordinance pertaining to Fire Rescue MSTU (Glades Regional Fire MSTU)

            5C-2   Ordinance pertaining to Fire Rescue MSTU (Town of Lantana)

 

            HOUSING & COMMUNITY DEVELOPMENT

Page 41

            5D-1   Policies for the Residential Rehabilitation Program and the Emergency Rehabilitation Program

 

            OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 41

5E-1    Resolution authorizing sale of Public Improvement Revenue Refunding Bonds (Biomedical Research Park Project)

 

            PLANNING, ZONING & BUILDING

Page 42

            5F-1    Code Enforcement Citation Ordinance

 

BOARD APPOINTMENTS (Page 43)

 

MATTERS BY THE PUBLIC – 2:00 P.M. (Page 44)

 

STAFF COMMENTS (Page 45)

 

COMMISSIONER COMMENTS (Page 46)

 

ADJOURNMENT (Page 46)


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION

 

                        1.         Staff recommends motion to receive and file: 

 

                                    A) Resolution No. 84-07 adopted by the Town Council of the Town of Jupiter supporting and endorsing the principals of home rule and adopting policies set forth in the Resolution to support the premise that the Town should have the authority to govern within its jurisdiction; and

 

B) Resolution No. 07-10-26 adopted by the Lee County Board of County Commissioners in support of Congressional appropriations for the funding of the repairs and rehabilitation of the Herbert Hoover Dike.

 

 

                        2.         Staff recommends motion to approve:  Amendment No. 5 to Contract with U.S. Strategies Corp. (R2002-1806), for Federal lobbying on behalf of Palm Beach County for the period of November 1, 2007, through October 31, 2008, in the amount of $129,009.  SUMMARY: On October 22, 2002, the Board approved a one (1) year consulting/professional services contract with U.S. Strategies Corp. for the period of November 1, 2002, through October 31, 2003 in the amount of $110,250.  The previous amendments (4) provided for an additional one (1) year period and increased the annual contract by 5%.  Amendment No. 5 extends the contract for another one (1) year period (November 1, 2007, through October 31, 2008) for a total annual contract amount of $129,009, which is a $5,000 reduction from the current annual contract.   Countywide  (DSW)

 

 

                        3.         Staff recommends motion to approve:  an Agreement with the Lester Family Investments L.P., Richard Thall, Robert Thall, Peter L. Briger, Paul H. Briger and the David Minkin Florida Realty Trust to jointly fund professional services related to a joint application for a Development of Regional Impact, Future Land Use Amendment, Concurrency approval, Planned Community Development and a Conceptual Environmental Resource Permit for the 683 acre Briger Site, including 70 acres for Scripps 1.6 million sq. ft., and 100 acres for 2.4 million sq. ft. of bioscience use, in the amount of $716,662.  SUMMARY:  On February 28, 2006, the Board of County Commissioners approved an Agreement (R2006-0423) for the donation and purchase and sale with the Lester Family Investments L.P. for 70 acres of Property known as the Briger Parcel.  On May 16, 2006, the Board of County Commissioners approved an Amendment (R2006-0903) to the Agreement for Donation and Purchase and Sale. That Amendment required the seller, Lester Family Investments L.P., and Palm Beach County to file a joint application for development approvals and conceptual environmental resource permit. On November 21, 2006, the Board of County Commissioners entered into an Agreement (R2006-2549) for Purchase and Sale with Sorel L. Bergman and Harriet E. Zelenka, Co-Trustees, for oil and mineral rights on the 70 acre Briger parcel. On February 28, 2006 (R2006-0922), the Board of County Commissioners approved an Interlocal Agreement with the City of Palm Beach Gardens for the reimbursement of a portion of the land acquisition and due diligence costs for Scripps 70 acres within the Briger Property in the amount of $3,000,000.   The County has received the $3,000,000 from Palm Beach Gardens.  Funding for this Agreement will utilize a portion of the City of Palm Beach Gardens donation. These funds may be utilized for infrastructure improvements, concurrency reservation and/or land purchase costs.  Countywide/District 1  (RB)


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION (Cont’d)

 

4.         Staff recommends motion to approve: an Agreement with the Florida Atlantic University Board of Trustees (FAU) in the amount of $84,243 to assist with the implementation of the Strategic Economic Development Plan.  SUMMARY:  On March 13, 2007, the Board of County Commissioners approved the Strategic Economic Development Plan.  This Plan includes 67 action items envisioned to create $1 billion in new revenue over a 20-year period in Palm Beach County.  This Agreement will provide assistance to the Economic Development Office for the tracking, benchmarking, and seeking of grant funding to implement the projects included in the Strategic Plan.  FAU will work closely with lead and supportive agencies to assist in the implementation of the recommendations of the Strategic Plan, make presentations to the Overall Economic Development Program Committee, identify funding opportunities, and assist in the preparation of funding applications and quarterly reports.  The term of this Agreement is retroactive from October 1, 2007, through September 30, 2008, with two (2) – one (1) year options for renewal at the sole discretion of the County.  Countywide  (DW)

 

 

5.         Staff recommends motion to approve:  an Agreement with the World Trade Center Association Palm Beach, Inc. (WTCPB), in the amount of $99,000.  SUMMARY:  This Agreement with the WTCPB will provide funding to assist the Economic Development Office in promoting Palm Beach County internationally, assisting local businesses to grow internationally, and motivate foreign-based companies to expand into/invest in Palm Beach County.  The scope of services outlined in the Agreement includes: market the Palm Beach Community College export-import courses to businesses in the County; provide eight (8) seminars on international trade at the local chambers of commerce; set up and offer an on-line Export Management Certification Program; create a Palm Beach County export resource webpage; create an on-line trade lead webpage for all businesses to access; provide one-on-one business assistance to companies that want to build up their export/import capacity; conduct four (4) familiarization tours or orientation programs for foreign banks and non-US-based bioscience companies; create an International Investment Council for the purpose of attracting foreign investment; present the Real Estate Steering Committee recommendations to the Overall Economic Development Program Committee; conduct one (1) trade mission to assist local businesses in reaching global markets; market international events and business activities; and assist in broadcasting international activities in conjunction with Channel 20; and update the exporter-importer database and report the decline/growth of exports by industry.  The term of this Agreement is retroactive from October 1, 2007, through September 30, 2008.  Countywide (DW)

 

 

6.         Staff recommends motion to approve:  a Grant Agreement with the Riviera Beach Maritime Academy in the amount of $80,000.  SUMMARY:  The Palm Beach County’s Marine Tech Prep Program is in its 10th year of operations.  In FY 2007, the Riviera Beach Maritime Academy (RBMA) completed and exceeded all of its deliverables (Agreement R2006-2563).  This Grant Agreement with RBMA, a public charter school, will provide assistance for the development of the Marine Academy Program. The scope of services outlined in the Agreement includes:  increase enrollment by 10% in the 2008-2009 school year (RBMA will recruit 93 new students; the students will receive the training needed to enter the marine industry workforce immediately after graduation); organize eight (8) educational field trips, organize four (4) classroom projects (two for students’ competition, one for the development of alternative energy within the school, and one for the development of an eco-friendly pond and butterfly garden); and increase counseling services to students (to increasing the retention rate, job shadowing opportunities with local marine businesses and assistance for graduate students to enroll in higher education schools).  The term of this Agreement is retroactive from October 1, 2007, through September 30, 2008.  Countywide (DW)


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION (Cont’d)

 

 

7.         Staff recommends motion to approve:  a Grant Agreement with The Palm Beach International Film Festival, Inc. (PBIFF) in the amount of $135,000 to provide funding to assist operating and conducting the 2008 Palm Beach International Film Festival. SUMMARY:  In FY 2007, the PBIFF completed and exceeded all of its deliverables. The scope of services outlined for this Grant Agreement falls within four (4) categories: A)  Operations: recruit and review the submittal of 250 American and international films for the PBIFF, with the goal of 10% to be international; obtain the participation and commitment from 50 talent-industry professionals with the objective of raising awareness of the Festival and providing feedback for future expansion strategies; and provide operational support services for all aspects of the Festival; B) Revenue Generation: match 100% of County grant with private funds; implement the 2008 Business & Marketing Plan; and develop fundraising/awareness events in 2007-2008; C) Education: provide scholarships to the winners of the Student Showcase of Films and develop student liaisons between the PBIFF and the Palm Beach County school system to encourage participation in the festival;  D) Economic Development: offer a seminar on film industry issues; meet with the business community through the Business Development Board and chambers of commerce to encourage local production companies to participate in the Festival activities; and assist Tourist Development Council and Economic Development Office in the update of the economic impact of the Festival in the County.  The reported 2007 economic impact on tourism from out of County visitors was $4,069,338.  The term of this Agreement is retroactive from October 1, 2007, through September 30, 2008.  The International Film Festival is scheduled from April 10-17, 2007.  Countywide (DW)

 

 

8.         Staff recommends motion to approve:  travel and to reimburse expenses incurred by Vincent Goodman, member of the Fair Housing/Equal Employment Board, in the total amount of $1,251.30 during his attendance at the NAHRW/IAOHRA Conference; and to authorize direct payment to the vendor for registration fees in the amount of $395.  SUMMARY:  Vincent Goodman is a member of the Fair Housing/Equal Employment Board who attended the annual conference of the National Association of Human Rights Workers (NAHRW) and the International Association of Official Human Rights Agencies (IAOHRA) in Atlanta, Georgia during the period September 16-21, 2007.   Total expenses for this trip were $1,646.30 ($1,251.30 actual travel expenses and $395 registration fee).  Countywide  (TKF)


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION (Cont’d)

 

 

  9.         Staff recommends motion to approve:  grants in a total amount not-to-exceed $27,779 for the Handicapped Accessibility and Awareness Program with the following non-profit agencies, in the amounts and for the services indicated, for the period November 6, 2007, through September 30, 2008:

 

A) Coalition for Independent Living Options allowing it to purchase a telecommunication system in an amount not-to-exceed $5,000;

 

B)  The Arc of Palm Beach County to cover a portion of the costs for the installation of a ramp with handrails in an amount not-to-exceed $5,000;

 

C) Palm Beach Habilitation Center, Inc. to cover a portion of the costs for the installation of an automatic door, safety handrails and a sidewalk in an amount not-to-exceed $5,000;

 

D) Deaf Service Center of Palm Beach County to cover the cost of printing and disseminating  information to the hearing impaired in an amount not-to-exceed $5,000;

 

E)  YMCA of the Palm Beaches to cover the cost of replacing pool stairs in an amount not-to-exceed $2,779; and

 

F)  Seagull Industries for the Disabled, Inc. to cover the cost of replacing a commercial riding lawn mower in an amount not-to-exceed $5,000;

 

SUMMARY: The funds for these grants are derived from fees collected from parking violations in designated parking spaces.  County Ordinance 92-29 provides that revenue from these fines shall be used to improve accessibility and equal opportunity to qualified physically disabled persons in the County and to provide funds to conduct public awareness programs concerning physically disabled persons.  Countywide  (TKF)


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION (Cont’d)

 

10.       Staff recommends motion to approve: Neighborhood Partnership Grant (NPG) funding agreements for Fiscal Year 2007-2008:

 

A) an Agreement with Belle Glade Housing Authority in an amount not-to-exceed $19,700 to purchase supplies and equipment for an after school program for community youth to enhance life skills, personal development and family values (District 6);

 

B) an Agreement with Homes At Lawrence Homeowners Association, Inc. in an amount not-to-exceed $17,400 to purchase and install a steel shelter at the Homes at Lawrence Community Park (District 3);

 

C) an Agreement with Lantana Homes Homeowners Association, Inc. in an amount not-to-exceed $20,000 to install landscaping and irrigation in Aurora Court Park (District 3);

 

D) an Agreement with Paint Your Heart Out Palm Beach County, Inc. in an amount not-to-exceed $10,000 to purchase supplies for exterior painting and pressure cleaning equipment for houses within CCRT neighborhoods (Countywide); and

 

E) an Agreement with City of Belle Glade in an amount not-to-exceed $20,000 to install fencing, landscaping and playground equipment in two (2) tot lots in Belle Glade (District 6).

 

SUMMARY:  The following projects were reviewed by the Neighborhood Partnership Grant Program Review Committee (NPG RC) on September 26, 2007, and are being recommended for funding.  Funding was established in the FY 2007 budget for the purpose of funding neighborhood projects.  Countywide  (AH) 

 

 

11.        Staff recommends motion to approve:    

 

A) expenditure in the amount of $16,000 from the Capital Outlay Fund to increase funding for Dillman Heights Speed Humps Project; 

 

B)  Budget Transfer of $16,000 in the Capital Outlay Fund from CCRT Recoup Funding to the Dillman Heights Speed Humps Project; and

 

C) Budget Amendment of $16,000 in the Transportation Improvement Fund to recognize and appropriate the transfer of $16,000 from the Capital Outlay Fund.

 

SUMMARY: The Board of County Commissioners (BCC) originally approved the Dillman Heights Speed Humps project on August 21, 2007.  The additional $16,000 is needed to install four (4) additional speed humps in the neighborhood.  District 2  (AH)

 

 

 


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

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

                                                            Regular                                               June 5, 2007

                                                            Zoning                                                June 28, 2007

                                                            Zoning                                                July 26, 2007

                                                            Regular                                               August 21, 2007

                                                            Environmental Control                      August 21, 2007

                                                            Regular                                               September 11, 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

 

 

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 August 2007.  Countywide

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to approve:  a Contract not-to-exceed the total value of $1,600,000 for task orders which may be issued for the Annual Pavement Marking Contract with Ameriseal Northeast Florida, Inc., the lowest responsive, responsible bidder.  SUMMARY:  The Annual Pavement Marking Contract includes furnishing and installing pavement marking material, raised reflectorized pavement markers and traffic paint on Palm Beach County (County) roadways.  The Office of Small Business Assistance (SBA) goals are set at 15% overall.  The sole bidder, Ameriseal Northeast Florida, Inc., did not achieve any Small Business Enterprise (SBE) participation.  Due to the non-existence of any SBE company which could furnish thermoplastic material, as verified by SBA, the requirement for SBE participation is hereby deleted from this Contract.  Countywide  (MRE)

 

 

2.         Staff recommends motion to approve:  Contracts not-to-exceed the total value of $4,453,000 for task orders which may be issued for the Annual Roadway Landscaping Contract with the Primary Contractor, Superior Landscaping & Lawn Service, Inc., the lowest responsive, responsible bidder; and the Secondary Contractor, Vila & Son Landscaping Corporation, the second lowest responsive, responsible bidder.  SUMMARY: The Annual Roadway Landscaping Contracts include furnishing, installing and maintaining trees and sod, and furnishing and installing irrigation systems and wells within the rights of way of various roadways in Palm Beach County.  The Office of Small Business Assistance goals are set at 15% overall.  Superior Landscaping & Lawn Service, Inc. achieved 5.39% Small Business Enterprise (SBE) overall participation. Vila & Son Landscaping Corporation achieved 5.31% overall participation.  The third low bidder, Arazoza Brothers Corporation, failed to achieve any SBE participation and their bid fell outside the range for ranking of responsive bidders. Countywide  (MRE)

 


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS  (Cont’d)

 

3.         Staff recommends motion to adopt:  a Resolution transferring jurisdictional control, maintenance responsibilities, and ownership of Barwick Road from West Atlantic Avenue to the Lake Worth Drainage District (LWDD) Canal L-30, to the City of Delray Beach.  SUMMARY:  This action will adopt a Resolution giving the City of Delray Beach control over, responsibility for, and ownership of that portion of Barwick Road, lying wholly within the City limits.  District 4  (MRE)

 

 

                        4.         Staff recommends motion to approve:

 

A)  a Budget Transfer of $44,000 in the Transportation Improvement Fund from Reserve for District 5 to Street Lighting Maintenance Fund; and

 

B)  a Budget Amendment of $44,000 in the Street Lighting Maintenance Fund to recognize the Transfer from District 5 and appropriate it to Reserves for Street Lighting Maintenance.

 

SUMMARY:  The District 5 Commissioner has authorized funding to transfer billing of eleven (11) existing Florida Power and Light (FPL) maintained streetlights from Palm Isles West to Palm Beach County (County).  All eleven (11) lights are located on Hagen Ranch Road, a public roadway, in front of the Palm Isles West community, located just north of Boynton Beach Boulevard.  The Budget Transfer of $44,000 will fund the operation and maintenance of the eleven (11) streetlights for a 20-year period.  The Budget Amendment will appropriate the funding to a reserve account from which maintenance costs will be transferred annually to the Street Lighting Maintenance Fund for 20 years.  District 5  (MRE)

 

 

5.         Staff recommends motion to approve:  Change Order No. 10 in the amount of $18,166.90, together with an 88-day time extension, to Contract No. R2005-1438 with Bergeron Land Development, Inc. for construction of Lawrence Road from Boynton Beach Boulevard to Gateway Boulevard (Project).  SUMMARY:  Change Order No. 10 is compensation for additional costs and delays encountered due to the inability of the existing structure, at Lake Worth Drainage District (LWDD) L-22 Canal, to support maintenance of traffic.  District 3  (MRE)

 

 

6.         Staff recommends motion to approve:     

 

A)  a Financial Assistance Agreement with Horseshoe Acres Club, Inc. (Club), to provide reimbursement funding not-to-exceed $150,435; and

 

B) a Budget Transfer of $150,435 in the Transportation Improvement Fund from Reserve for District 1 to Northlake Boulevard for beautification in and along the County’s right-of-way for Northlake Boulevard (Project).

 

SUMMARY: This Agreement provides funding to reimburse the Club a maximum $150,435 of the cost to install beautification improvements in and along the County’s right-of-way for Northlake Boulevard, adjacent to the Club’s property (within 25 feet of and visible from the right-of-way).  The Club will be responsible for the perpetual maintenance of these improvements.  District 1     (MRE)

 


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS  (Cont’d)

 

7.         Staff recommends motion to approve:  a Subordination of Utility Interests from Florida Power and Light Company (FPL) releasing their interests to Palm Beach County (County) in a parcel of land located on the west side of Jog Road at the Omni Middle School north of Yamato Road.  SUMMARY:  This action will approve a Subordination of Utility Interests which releases the interests of FPL in a parcel of land required for a right turn lane on Jog Road at the Omni Middle School.  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 4  (PFK)

 

 

8.         Staff recommends motion to:

 

A)  adopt a Resolution approving a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for intersection improvements at S.R. 704 (Okeechobee Boulevard) and Tamarind Avenue, specifically signal design modifications; and

 

B)  approve a Budget Amendment of $60,000 in the Transportation Improvement Fund to recognize reimbursement funding from the JPA  with FDOT and appropriate it to Okeechobee Boulevard and Tamarind Avenue Intersection Improvements (Signal Design).

 

SUMMARY:  The FDOT and the County have partnered together to design and construct signal improvements on Okeechobee Boulevard at the intersection of Tamarind Avenue.  This improvement is necessary as a result of the proposed intersection reconstruction.  District 7  (MRE)

 

 

9.         Staff recommends motion to approve:  establishing an Impact Fee Credit for improvements at the intersection of Military Trail and Town Center Road for the Milan at Town Center (Milan) development.  SUMMARY:  The City of Boca Raton is requiring Milan to make improvements to the intersection of Military Trail and Town Center Road.  The improvements are a southbound right turn lane and extension of the northbound left turn lane.  These improvements are not required to meet Traffic Performance Standards (TPS).  Impact fee credits for roadway improvements that are not required by TPS require Board of County Commissioners’ approval.  District 4  (LB)

 

 

10.       Staff recommends motion to: 

 

A)  accept a Warranty Deed for right-of-way for a right turn lane on the south side of Northlake Boulevard; and

 

B)  approve a Subordination of Utility Interests to Palm Beach County, Florida by Seacoast Utility Authority.

 

SUMMARY:  This action will provide for the acceptance of a Warranty Deed from SC Lake Park Associates, LLLP (SCLP) and approval of a Subordination of Utility Interests required for the issuance of a right-of-way permit from Palm Beach County to allow Chick-Fil-A, a lessee, to construct an eastbound right turn lane from Northlake Boulevard to a driveway access for its business.  District 1  (PFK)

 


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS  (Cont’d)

 

11.       Staff recommends motion to approve:  the Fiscal Year 2007/2008 Pathway Program.   SUMMARY:  A list of the proposed projects in the Annual Pathway Program for the Fiscal Year 2007/2008 has been compiled in response to requests from the Palm Beach County School Board, Palm Beach County Sheriff’s Office, members of the Board of County Commissioners, and residents of Palm Beach County.  The proposed projects include eight (8) new construction projects and twelve (12) major maintenance projects.  The total program cost is $1,300,000 and is divided into the following categories:

 

Major Maintenance                           $449,000

School Related                                  $405,000

Non-School Related                         $282,000

ADA and Minor Maintenance            $30,000

Cost and Feasibility Studies             $40,000

Fast Track Schools                             $94,000

Total                                           $1,300,000

 

Countywide    (MRE)

 

 

12.       Staff recommends a motion to approve:  an Interlocal Agreement with the Town of Loxahatchee Groves providing permit review for applications within the municipal limits of the Town of Loxahatchee Groves, Florida, by Palm Beach County Department of Engineering and Public Works, Land Development Division.  SUMMARY:  The Town of Loxahatchee Groves has requested that Palm Beach County Department of Engineering and Public Works, Land Development Division provide various permitting services through an Interlocal Agreement.  There will be no cost to the County, and no additional staff is needed.  Application fees will pay for the full cost of services.  The Interlocal Agreement shall be in effect until September 30, 2008 and shall be automatically renewed thereafter each fiscal year (October 1 to September 30), unless either party shall notify the other in writing of the party’s desire to terminate all or part of this Agreement.  District 6  (RPB)

 

 

                        13.       Staff recommends motion to approve:

 

A) a Budget Transfer of $179,000 in the Transportation Improvement Fund from Reserve for District 6 to Loxahatchee Groves Water Control District – Open Grade Emulsion to pave South “F” Road – District 6; and

 

B) an Interlocal Agreement with the Loxahatchee Groves Water Control District in the amount of $179,000 to pave South “F” Road.

 

SUMMARY:  Approval of the Budget Transfer and the Interlocal Agreement will provide reimbursement funds to the Loxahatchee Groves Water Control District – Open Grade Emulsion to pave South “F” Road.  District 6  (MRE)

 


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to approve:  execution of a Quit-Claim Deed to United Pentecostal Church of West Palm Beach, Inc., conveying any County interest in certain rights-of-way in Palm Beach Farms Plat No. 3.  SUMMARY:  Recent recorded quit-claim deeds to the County from West Peninsular Title Company and Absolute, Inc. have raised a title issue.  County Quit-Claim Deeds have been used to resolve this title issue with other affected property owners.  This Quit-Claim Deed covers certain Palm Beach Farms Plat No. 3 strips that had lost public dedication through the West Peninsular federal lawsuit.  The property is located at 394 South S.R. 7, Wellington, Florida.  District 6  (PFK)

 

 

2.         Staff recommends motion to approve:  a Settlement in the amount of $293,527, including attorney’s fees, but excluding costs, in the eminent domain action styled Palm Beach County v. Maria Mink, et al., Case No. 502006CA010149XXXXMB, for the taking of parcels 106 and 306, owned by Michael W. Catron, Linda Catron and occupied by a business tenant, Southern Native Nursery, Inc.  SUMMARY:  The County has negotiated a settlement in the amount of $250,000, excluding attorney’s fees and costs, subject to the approval of the Board of County Commissioners, for parcels 106 and 306, which includes compensation for the land taken, the improvements, and all other damages of any type, including business damages.  The County previously deposited $18,100 as its initial good faith deposit and estimate of value for the land taken and the improvements thereon.  The property owners and business tenant were seeking total damages in the amount of $493,818.  The proposed settlement is $250,000 for the land taken, the improvements, and all other damages, including business damages, plus attorney’s fees in the amount of $43,527, calculated mathematically pursuant to Florida law.  The total settlement including attorney’s fees, but excluding costs, is $293,527.  If this settlement is approved, it would require the County to pay an additional $275,427 to fully fund the settlement, excluding costs.  District 6  (PM)

 

 

3.          Staff recommends motion to approve:  a Settlement in the amount of $55,817, including attorney’s fees and costs, in the eminent domain action styled Palm Beach County v. Maria Mink, et al., Case No. 502006CA010149XXXXMB, for the taking of parcels 102 and 302, owned by Christian Life Center of the Palm Beaches, Inc.  Summary:  The County has negotiated a settlement in the amount of $46,450, excluding attorney’s fees and costs, subject to the approval of the Board of County Commissioners, for parcels 102 and 302, which includes compensation for the land taken and improvements thereon.  The County previously deposited $26,400 as its initial good faith deposit and estimate of value for the land taken and improvements.  The proposed settlement is $46,450 for the land taken and the improvements, excluding attorney’s fees in the amount of $6,616 and costs in the amount of $2,750.  The total settlement including attorney’s fees and costs is $55,817.  If this settlement is approved, it would require the County to pay an additional $29,417 to fully fund the settlement, inclusive of attorney’s fees and costs.  District 6  (PM)

 


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve:  forty-six (46) contracts with financially assisted agencies totaling $13,294,473, for the indicated activities, for the period October 1, 2007, through September 30, 2008:

 

A)  Adopt‑A‑Family of the Palm Beaches, Inc. ‑ $326,750 for homeless prevention services, transitional housing & support, and self‑sufficiency services;

 

B)  Aid to Victims of Domestic Abuse, Inc. - $169,950 for emergency shelter services for women and children who are victims of domestic abuse;

 

C)  Alzheimer’s Community Care, Inc. ‑ $584,939 for disaster preparation, family counseling and specialized adult day care programs for clients and families affected by Alzheimer’s Disease;

 

D)  Area Agency on Aging of Palm Beach/Treasure Coast, Inc.  ‑ $66,442 for the Retired and Senior Volunteer Program (RSVP) and emergency assistance/disaster preparedness;

 

E)  Big Brothers/Big Sisters, Inc. ‑ $117,832 for Parenting Partners, mentoring to young parents by qualified adult volunteers;

 

F)  Boys & Girls Club of Palm Beach County - $144,907 for year-round services that offer a variety of activities in six (6) core areas which include:  health and life skills; education and career development; the arts; technology; sports, fitness and recreation; and character and leadership development;

 

G)  Building Blocks/NOAH Inc. - $255,033 for early childhood education and parenting                classes;

 

H)  Center for Family Services of Palm Beach County, Inc. - $398,665 for safe kids program, individual and family counseling and emergency assistance program;

 

I)  Center for Group Counseling/Elizabeth H. Faulk Foundation, Inc. ‑ $108,864 for Schools Preventive Counseling and prevention and support group for caregivers;

 

J)  Children’s Home Society of Florida, Inc. - $183,701 for project Safe Place, Nelle Smith Residence for Girls, and transitional housing;

 

K)  Coalition for Independent Living Options, Inc. ‑ $274,236 for independent living skills training, advocacy, information and referral,  peer support services to individuals with disabilities, and after‑school services to disabled adolescents;

 

L)  Communities in Schools of Palm Beach County Inc. ‑ $115,133 for comprehensive social, educational and career‑related support for at-risk;

 

M)  Comprehensive AIDS Program of Palm Beach County, Inc. - $193,722 for HIV antibody counseling and testing;

 

N)  Comprehensive Alcoholism Rehabilitation Programs, Inc. - $1,264,290 for residential adolescent, residential adult, outpatient treatment and adult detoxification;

 

O)  Deaf Service Center of Palm Beach County, Inc. ‑ $264,710 for client assistance and communication, resources and education;

 

P)  Drug Abuse Foundation of Palm Beach County, Inc. ‑ $844,540 for assessment, outpatient substance abuse, Level 1 residential treatment, detox and case management;


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES  (Cont’d)

 

1.         Motion/Title – Continued

 

Q)  Drug Abuse Treatment Association, Inc. ‑ $289,298 for residential treatment (Walter D. Kelly Treatment Center) and adolescent outpatient treatment services;

 

R)  Epilepsy Foundation of South Florida ‑ $50,262 for the seizure control clinic;

 

S)  Families First of Palm Beach County - $52,010 for The Family Self-Sufficiency Program which serves economically disadvantaged families who are presently receiving rental assistance through the Delray Beach Housing Authority;

 

T)  Farmworker Coordinating Council of Palm Beach County ‑ $92,953 for emergency services and transportation/translation services;

 

U) Florida Housing Corporation d/b/a Palm Beach Assisted Living Facility, Inc. ‑ $29,565 for benefits advocacy;

 

V)  Florida Resource Center for Women & Children, Inc. ‑ $194,078 for short‑term emergency shelter for women and children who are victims of domestic violence;

 

W)  Glades Area Association for Retarded Citizens Inc.‑ $177,495 for food services, supported living and supported employment services;

 

X)  Glades Initiative Inc. ‑ $203,528 for coordination of health and human services in the Glades community;

 

Y)  Gratitude House, Inc. ‑ $119,161 for substance abuse services provided through day/night treatment, prevention and aftercare (relapse prevention), intervention program, residential treatment and transitional housing;

 

Z)  Healthy Mothers/Healthy Babies Coalition of Palm Beach County, Inc. ‑ $115,690 for health education in schools and the community;

 

AA) Homeless Coalition of Palm Beach County ‑ $35,350 for homeless services assessment and coordination;

 

BB) Housing Partnership, Inc. ‑ $77,514 for supportive housing for individuals diagnosed with mental illness and substance abuse and for supportive services to family members;

 

CC)  Jeff Industries Inc. ‑ $168,293 for day/night psycho‑social work adjustment and supported employment services;

 

DD)  Minority Development & Empowerment, Inc. - $284,954 for case management and translation services to the Haitian community primarily located in the northern portion of Palm Beach County;

 

EE) Mental Health Association of Palm Beach County, Inc. - $48,204 for a mental health support drop-in center;

 

FF)  Oakwood Center of the Palm Beaches, Inc. - $1,872,577 for operation of a licensed in-patient psychiatric hospital providing assessment and treatment on a twenty-four hour basis for high-risk populations.  They provide services in both the north county area and in Belle Glade.  Services include adult/child crisis stabilization, the Pregnant and Addicted (PANDA) Program, residential detoxification services, adult/child medical out-patient services, and a prevention program aimed at school age kids;


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES  (Cont’d)

 

1.         Motion/Title – Continued

 

GG)  Palm Beach Habilitation Center, Inc. ‑ $279,452 for the Senior in Transition and Retirement Services (STARS) Program;

 

HH)  Parent-Child Center, Inc. – $271,085 for children’s outpatient intervention and prevention services;

 

II)  Rehabilitation Center for Children & Adults, Inc. ‑ $96,917 for comprehensive outpatient and medical rehabilitation services;

 

JJ) Seagull Industries for the Disabled, Inc. ‑ $302,654 for adult day habilitation programs and residential assisted living facilities;

     

KK)  Sickle Cell Foundation of Palm Beach County, Inc. ‑ $80,340, for education and outreach to the Haitian population, screening and case management to affected clients;

 

LL)  South County Mental Health Center, Inc. ‑ $1,673,457 for behavioral health ‑ mental health (crisis stabilization) and psychiatric and medical services (outpatient);

 

MM)  The ARC of Palm Beach County, Inc. - $268,484 for residential services for adults with disabilities;

 

NN)  The Haven, Inc. ‑ $143,464 for prevention/intervention of child abuse through a therapeutic foster-care program;

 

OO)  The Juvenile Transition Center, Inc. ‑ $107,120 for education enrichment, mentoring and job training skills to at‑risk youth ages 13‑18;

 

PP)  The Lord’s Place, Inc. ‑ $361,051 for homeless services through Joshua House and family shelter programs;

 

QQ)  Urban Youth Impact, Inc. ‑ $160,118 for after school education/ social programs;

 

RR)  Wayside House, Inc. ‑ $157,283 for residential treatment for women’s substance abuse;

 

SS) YWCA of Palm Beach County, Florida ‑ $127,086 for Harmony House for homeless and domestic abuse services for women and children; and

 

TT)  Haitian-American Community Council, Inc. - $141,316 for immigration services such as translation, technical assistance and referral;

 

SUMMARY: On July 11, 2007 and September 20, 2007, the Board of County Commissioners approved the list of agencies and funding allocations under the Financially Assisted Agency Program.  The information submitted in this item reflects part of the total funding approved by the Board of County Commissioners for FY 2008, which is $13,749,311.  Other contracts will be forthcoming upon receipt of all the required information.  (Financially Assisted Agency Program)  Countywide  (TKF)

 


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS

 

                        1.         Staff recommends motion to approve:  the Second Amendment to the Airline-Airport Use and Lease Agreement with Delta Air Lines, Inc. (Delta) (R2007-0386), authorizing Delta to use certain common use tenant areas for an annual fee of approximately $42,323.  SUMMARY:  This Amendment authorizes Delta to use certain common use areas within the Palm Beach International Airport Terminal building, including a common bathroom and break room area, on a non-exclusive basis.  In exchange for use of the common areas, Delta will pay an annual fee of approximately $42,323.  The annual fee will be adjusted each October 1st concurrent with adjustment of airlines rates and charges.  Countywide  (JMB)

 

 

                        2.         Staff recommends motion to adopt:  a Resolution approving a new standard form Airline Operating and Lease Agreement for Palm Beach International Airport; authorizing the County Administrator or his designee to execute the standard form agreement and make certain amendments to the standard form agreement; replacing and superseding the standard form Airline Operating and Lease Agreement for PBIA adopted pursuant to Resolution No. 93-801; and becoming effective upon adoption. SUMMARY:  The Airport Use and Lease Agreement has been revised to be consistent with the Airline-Airport Use and Lease Agreement, approved by the Board on September 12, 2006 (R2006-1906).  The Agreement provides the Department with the ability to lease space to certain air carriers desiring to serve PBIA.  Countywide  (JMB)

 

 

            G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners with respect to the reimbursement of certain costs and expenditures relating to the acquisition and development of law enforcement information technology equipment and software.  Summary:  The County included in the FY 2008 Sheriff’s budget the annual debt service for not-to-exceed $35 million of tax-exempt debt for the acquisition of certain information technology enhancements and the mobile data project.  The County expects to issue this debt in January 2008. This Resolution allows the Sheriff to be reimbursed for expenditures prior to the issuance of the debt.  Countywide  (PFK)

 

 

            H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve:  a Lease Agreement with the Village of Royal Palm Beach for the property formerly known as the Royal Palm Beach Police Department located at 11498 Okeechobee Boulevard in Royal Palm Beach for a PBSO substation.  Summary:  On August 10, 2006, the Palm Beach County Sheriff entered into a Law Enforcement Services Agreement (LESA) with the Village of Royal Palm Beach with services commencing September 1, 2007.  As the terms of the LESA require the Village to provide office space to the Sheriff from which to provide services, the County is leasing the former Royal Palm Beach Police Department building on behalf of the Sheriff.  The purpose of this Lease is to describe and detail the specific responsibilities of the Village and County with respect to the Sheriff’s occupancy of the building.  The Lease provides for the use of 11,602 square feet of building space, exclusive use of an outdoor fenced area, and exclusive use of six (6) parking spaces marked with appropriate signage for law enforcement officers.  The term of the Lease shall commence upon execution and extend until the expiration or termination of the LESA.  No improvements were required for occupancy by the Sheriff.  The annual rent is $1 per year.  (FD&O Admin)  District 6  (JB)

 


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS  (Cont’d)

 

2.         Staff recommends motion to approve:  Work Order No. 07-038A with Kerney & Associates, Inc. (R2006-2090) in the amount of $18,500 to provide additional HVAC repairs at the Palm Beach International Airport.  Summary:  The work consists of additional work required to complete replacement of six (6) ventilation fans; replacement of corroded ductwork discovered when the first fan was removed.  The SBE goals are 15%.  The SBE participation in this Work Order is 100%. When the participation for this Work Order is added to Kerney’s total participation-to-date, the resulting values are 100%.  This Work Order is being sent for Board approval since the total project cost exceeds $200,000.  The total construction duration is 60 days.  This work will comply with all applicable local, state, and federal codes and regulations. (FD&O Admin)  Countywide/District 2  (JM)

 

 

3.         Staff recommends motion to approve:

 

A) a Budget Transfer of $1,201,221 from reserves in the Public Building Improvement Fund to increase the project budget; and

 

B) Amendment No. 2 to the Contract with Suffolk Construction Company, Inc. (R2005-1078) in the amount of $8,334,000 for Construction Management Services for Airport Center Renovations establishing a Guaranteed Maximum Price (GMP).

 

Summary:  The Budget Transfer completes the accounting work necessary to recognize revenues and use funds from restricted funds set aside for this purpose from the Settlement Agreement with the Airport Hilton Hotel.  Amendment No. 2 implements the first major modification to the long term capital improvement program resulting from the tax reform initiatives. The scope of the work includes: 1) replacement of the existing HVAC system and ductwork; 2) renewal of electrical and lighting systems; 3) tenant specific renovations to meet the operational requirements (while re-using interior office improvements);  4) rehabilitation of common areas (elevators, lobbies and restrooms); and 5) site work required to meet the terms of a Settlement Agreement with the Airport Hilton Hotel – at only 100 Australian Ave. (the building formerly occupied by Planning Zoning and Building). This allowed for the return of $7,666,000 in previously budgeted ad valorem funds to the General Fund. At completion of this work, 160 Australian (formerly occupied by Engineering) will be vacated and will remain unoccupied until the space is required to accommodate growth. This will also save expenses estimated to be $200,000 annually, associated with operating that building. The new tenants of 100 Australian Ave. will include Human Resources, Risk Management, and Housing and Community Development.  The SBE goal for this project is 15%. Suffolk Construction Company, Inc.’s GMP includes participation of a minimum of 15%.  The contract time is 365 calendar days.  (Capital Improvements Division)  Countywide/District 2  (JM)

 

 

4.         Staff recommends motion to approve:  Amendment No. 1 to the Contract with Moss & Associates, LLC (R2007-0031) for Construction Management Services for demucking/earthwork at the West County Detention Facility site in the amount of $10,990,137.  Summary:  Amendment No. 1 will provide for demucking the site, providing suitable fill, excavating a 6-acre lake and filling in of the existing lake to accommodate the proposed improvements. This work is being released prior to completion of the building design in order to get an early start on the site work.  Other work will occur concurrently with this work via subsequent Amendments for utility work, foundations and construction of out-buildings. The Small Business Enterprise (SBE) goal for this project is 15%.  Moss & Associates will be providing a minimum of 15% SBE participation in this Amendment.   The duration for Phase I work is 383 days to completion.  Amendment No. 1 is within the budgeted estimate for the work.  The funds for this work will come from the Bond Anticipation Notes authorized by the Board on July 24, 2007.  (Capital Improvements Division)  Countywide  (JM)


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS  (Cont’d)

 

5.         Staff recommends motion to approve:

 

A) the transfer of the following assets to the Palm Beach County Sheriff’s Office (PBSO) - Asset Nos. 10141796, 10142386,  K09614 (Shop Equipment); and

 

B) the transfer of the following assets to the Department of Airports - Asset Nos. J07824,  J08691, 10121610, H04510, J08686, J08687, M04791, M09840,  M09121, G08595, J06747, K07670, 10150568,  J06635, J09919,  K03142, 10116169, M03350, M04229, M04230,  M04227,  M04228, 10144052,  J03483, K07553, 10121601 (Shop and Vehicle Maintenance Equipment).

 

Summary:  Fleet Management has moved from its previous location at 3700 Belvedere Road to its new location at 2601 Vista Parkway.  Pursuant to its lease, it is Fleet Management’s responsibility to remove or transfer any fixed assets remaining at the 3700 Belvedere complex.  The assets being transferred are either not removable or would require disposal by Fleet at a cost.  Rather than incur the cost of disposal, Fleet is transferring the assets to other County departments and agencies for re-use.  In addition to removing the overhead lube reels that PBSO is obtaining in the transfer, PBSO has agreed to remove all the remaining overhead lube reels throughout the facilities, place them on pallets and seal off the lube system.  Once the reels are on pallets, Fleet Management will transport them to the Fixed Assets Warehouse for sale. (Fleet Management)  District 2  (JM)

 

 

6.         Staff recommends motion to approve:  a Utility Easement Agreement in favor of Florida Power & Light Company (FPL) for electrical service to the Dick Moroso Waterway Park (a/k/a Light Harbor Marina) on U.S. Highway 1 in Riviera Beach.  Summary:  In December 1996, the County acquired 3.70 acres of land located on the east side of U.S. Highway 1 (Broadway), in Riviera Beach to construct a new boat ramp and parking facility.  FPL is installing an overhead power pole with transformers to provide service to the park and requires a 5' x 5' easement to accommodate the placement of a single pole on the park property.  The easement area is located at the northwest corner of the park 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 7  (JMB)

 

 

7.         Staff recommends motion to approve:  a Signage, Landscape and Maintenance Easement Agreement with the School Board of Palm Beach County for installation of an entrance sign at Park Vista High School identifying the PBSO Substation.  SUMMARY:  The County requires an easement to install and maintain an entrance sign on the School Board’s property to identify the adjacent PBSO substation to traffic traveling north and south along Jog Road.  The proposed Easement is approximately 25' long x 10' wide and contains 250 square feet. The County will maintain all improvements within the easement area, as well as any landscape, irrigation, and lighting.  The proposed easement is non-exclusive and will be granted to the County at no charge.  (PREM)  District 3  (JMB)


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          HOUSING & COMMUNITY DEVELOPMENT

 

                        1.         Staff recommends motion to approve:  twenty (20) Agreements under the FY 2007-2008 Community Development Block Grant (CDBG) Program totaling $1,083,536 to nineteen (19) non-profit agencies and one (1) municipality, in the amounts and for the activities indicated, for the period October 1, 2007 to September 30, 2008:

 

A)  Adopt-A-Family of the Palm Beaches, Inc. - $40,000 for the provision of transitional housing and case management services to at least 29 homeless persons per month under Project SAFE;

 

B)  Aid to Victims of Domestic Abuse, Inc. - $50,000 for the provision of transitional housing for up to 20 victims of domestic abuse per month;

 

C)  Center for Family Services of Palm Beach County, Inc. - $20,000 for the provision of emergency shelter services to 210 homeless persons who reside in the Pat Reeves Village Housing facility;

 

D) Children’s Case Management Organization, Inc. - $20,000 for the provision of counseling and legal services to 35 unduplicated grandparents under the Kin Support Program;

 

E)  Children’s Home Society of Florida, Inc. - $80,400 for the provision of transitional housing and support services to 15 pregnant and mothering teenage women and their babies;

 

F)  The Children’s Place at Home Safe, Inc. - $100,545 for the provision of emergency residential care and shelter to 200 abused and neglected children, ages newborn to eighteen (18);

     

G)  Community Caring Center of Boynton Beach, Inc. - $20,000 for the administrative cost to assist 600 persons under the agency’s Emergency Food, Shelter and Financial Assistance Program;

 

H)  Faith-Hope-Love-Charity, Inc. - $41,560 for the provision of transitional housing at the Stand-Down House facility to at least 17 homeless persons per month;

     

I)  Federation of Families of Palm Beach County, Inc.  -  $73,200 for the provision of Parent Training workshops, Youth Leadership workshops, and Respite Care program services to at least 46 families annually;

     

J)  Florida Resource Center for Women and Children, Inc. - $60,000 for the provision of emergency shelter and support services to 100 women and children who are victims of domestic violence;

 

K)  Healthy Mothers/Healthy Babies, Inc. - $74,335 for the provision of assistance to 800 uninsured low-income pregnant women in accessing health care;

 

L)  Legal Aid Society of Palm Beach County, Inc. - $90,000 for the provision of fair housing education and outreach activities in Palm Beach County through the Agency’s Fair and Affordable Housing Advocacy Project.  Specifically, at least 72 persons will be provided with enforcement or counseling services; 24 Fair Housing Workshops to various citizen and professional groups will be conducted; and efforts will be made to identify illegal practices in rental, sales, mortgage, insurance, and advertising;

 

M)  Place of Hope, Inc. -  $50,000 for the provision of  transitional housing and support services for 36 children in foster care;


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          HOUSING & COMMUNITY DEVELOPMENT  (Cont’d)

 

                  1.         Motion/Title - Continued

 

N)  Redlands Christian Migrant Association - $52,730 for provision of child care services for 161 low-income children at the Belle Glade Child Development Center and the RCMA Farmworker Child Development Center;

  

O)  Sickle Cell Foundation, Inc. - $33,000 for the provision of an outreach program, counseling, and case management services to 144 unduplicated individuals who have the sickle cell disease or the sickle cell trait;

 

P) Palm Beach County Association for Retarded Citizens, Inc. (d/b/a The ARC) - $75,000 for the provision of employment services and training to 100 persons with development disabilities;

 

Q) The Haven, Inc. – $75,836 for the provision of transitional housing and support services to 75 unduplicated abandoned, abused, and neglected children;

 

R)  The Lord’s Place, Inc. (Café Joshua) - $20,000 for the training of 20 homeless persons under the Chef’s/Catering Apprentice Job Training Program; 

                             

S) West Jupiter Community Group, Inc. - $60,000 for the provision of after school services to 75 disadvantaged children residing in the West Jupiter area monthly; and

 

T)  City of South Bay - $46,930 for CDBG activity delivery cost to undertake housing and community development efforts in the city.   

 

SUMMARY: The FY 2007-2008 Action Plan approved by the Board of County Commissioners on July 10, 2007, allocated $1,107,215 of CDBG funds for the provision of public services, fair housing activities and delivery cost of community development activities by a Glades municipality.  The Second Amendment to this Action Plan allocates an additional $60,000 to one (1) other public service activity.  These agreements will allocate $1,083,536 in CDBG funds as follows: $946,606 to eighteen (18) sub-recipients for the provision of public services; $90,000 to one (1) sub-recipient for the provision of fair housing services; and $46,930 to one (1) municipality for delivery cost of community development activities.  The remaining agreements to consume the entire allocation of $1,167,215 will be brought before the Board of County Commissioners for approval at a later date.  These are Federal CDBG funds that require no local match.  Countywide (TKF)


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          HOUSING & COMMUNITY DEVELOPMENT  (Cont’d)

                       

                        2.         Staff recommends motion to approve: fourteen (14) Agreements totaling $281,234 for the FY 2007-2008 Emergency Shelter Grants Program (ESGP) with the following non-profit agencies, in the amounts and for the activities indicated, for the period October 1, 2007 to September 30, 2008:

 

A)  Adopt-A-Family of the Palm Beaches, Inc. - $22,000 for provision of emergency rent and mortgage assistance to prevent homelessness for 109 individuals;

 

B)  Aid to Victims of Domestic Abuse, Inc. - $20,000 for operation and maintenance of a transitional housing facility to benefit 36 homeless women and children that are victims of domestic violence;

                                               

C)  Center for Family Services of Palm Beach County, Inc. - $10,000 for emergency rent, mortgage and utilities payments to prevent homelessness for 34 individuals;

 

D)  Children’s Case Management Organization, Inc. - $20,000 to provide emergency shelter and food through motel vouchers and food vouchers for 60 individuals; and emergency rent, mortgage and utilities payments to prevent homelessness for 72 individuals;

 

E)  Children’s Home Society of Florida, Inc. - $20,000 to provide food for 500 homeless youths at the Safe Harbor Runaway Center, an emergency shelter for homeless youths; and to provide food for up to 13 homeless mothers and their babies at Transitions Home, a transitional housing facility for pregnant and mothering teenage women and their babies;

 

F)  The Children’s Place at Home Safe, Inc. - $20,000 for utilities expenses of The Children’s Place – North Campus in West Palm Beach and The Children’s Place - South Campus in Boca Raton to provide emergency shelter and 24-hour care for a combined total of 150 abused, neglected and homeless children;

 

G)  Community Caring Center of Boynton Beach, Inc. - $15,194 for emergency shelter for 29 homeless individuals through the use of motel vouchers and food vouchers; essential services through provision of personal hygiene items, medication, identification, and temporary emergency housing to 19 individuals/households and emergency rent, mortgage and utilities payments to prevent homelessness for 70 individuals; 

                                   

H)  Faith-Hope-Love-Charity, Inc. - $25,000 for operation and maintenance of Stand-Down House to provide emergency shelter for 108 homeless veterans; and for standardized needs assessment testing of Stand-Down House residents by a licensed psychologist;

 

I)  Farmworker Coordinating Council - $24,000 for emergency rent, mortgage and utilities payments to prevent homelessness of 200 farmworker individuals;

 

J)  Florida Housing Corporation - $20,000 for the prorated share of electricity expense for 100 Homeless Disabled Adult Program enrollees at Florida Housing Corporation’s Palm Beach Assisted Living Facility;

 

K)  Florida Resource Center for Women and Children, Inc. - $21,000 for operation and maintenance expenses for an emergency shelter; food vouchers and prescription medications to serve 135 homeless victims of domestic abuse;

 

L) The Lord’s Place, Inc. (Boynton Beach Family Shelter) - $23,500 for operation expenses for a transitional housing facility for 200 individuals and families;

 


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          HOUSING & COMMUNITY DEVELOPMENT  (Cont’d)

 

2.         Motion/Title – Continued

 

M)  The Lord’s Place, Inc. (Café Joshua) - $20,000 for operation expenses of Café Joshua, to provide meals and other day shelter services for 575 homeless guests who are referred for support services by other provider agencies from throughout the County; and

           

N)  Young Women’s Christian Association of Palm Beach County, Florida (YWCA) - $20,540 for operation and maintenance of YWCA Harmony House to provide emergency shelter for 402 homeless women and children victims of domestic abuse.

 

SUMMARY:  Palm Beach County will receive a total of $306,234 in ESGP funds for FY 2007-2008 to assist the homeless and those at risk of homelessness, countywide.  Funds will be used for the operation and maintenance of emergency shelters and transitional housing facilities, essential services to the homeless, and homeless prevention activities.  These Agreements utilize Federal funds, and the required match will be met by the agencies.  No match from County General Fund is required.  Countywide (TKF)

 

 

                        3.         Staff recommends motion to approve:  a reimbursement to the Village of Royal Palm Beach in the amount of $45,572.  SUMMARY:  Approval of this agenda item will reimburse the Village of Royal Palm Beach for expenses already incurred by them in connection with the ADA improvements to Bobbie Joe Lauder Park, which have been completed.  The Village of Royal Palm Beach previously entered into a funding Agreement with Palm Beach County for this project on February 3, 2004.  The Agreement, as amended, expired on May 31, 2006.  This reimbursement will pay for work that would have been funded under the Agreement.  Their $45,572 payment to the contractor could not be reimbursed until the contractor completed his compliance with the Federally mandated Davis-Bacon Act relating to the payment of wages to workers on the project.  Davis-Bacon Act matters have now been addressed enabling this reimbursement.  This approval will provide $45,572 in Federal Community Development Block Grant (CDBG) funds which do not require local matching funds.  District 6  (TKF)

 

 

                        4.         Staff recommends motion to approve:   a reimbursement to the City of Lake Worth in the amount of $26,903.10.  SUMMARY: Approval of this agenda item will reimburse the City of Lake Worth for expenses already incurred by them in connection with street improvements to Wingfield Street and Washington Avenue in the City of Lake Worth which have been completed.  The City of Lake Worth previously entered into a funding Agreement with Palm Beach County for this project on October 5, 2004.  The Agreement, as amended, expired on March 31, 2007.  This reimbursement will pay for work that would have been funded under the Agreement. Their $26,903.10 payment could not be reimbursed until the contractor completed his compliance with the Federally mandated Davis-Bacon Act relating to the payment of wages to workers on the project.  Davis-Bacon Act matters have now been addressed enabling this reimbursement.  This approval will provide $26,903.10 in Federal Community Development Block Grant (CDBG) funds which do not require local matching funds.  District 7  (TKF)

 


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          HOUSING & COMMUNITY DEVELOPMENT  (Cont’d)

 

                        5.         Staff recommends motion to approve:  an Agreement with the City of Riviera Beach for street improvements on West 33rd Street, in the amount of $251,191, in Community Development Block Grant (CDBG) funds for the period of November 6, 2007, through September 30, 2008.  SUMMARY:  CDBG funds will be used for the reconstruction of West 33rd Street, between Avenue “O” and Avenue “R”, in the City of Riviera Beach.  The street improvements will include stormwater drainage, curbs, gutters, sidewalks, paving, landscaping, relocation of water and sewer lines, adjustment of sewer laterals/water meters/valves, retaining walls, resetting of chain link fences and other incidental work associated with these improvements.  This Agreement will provide $251,191 in Federal Community Development Block Grant (CDBG) funds, which do not require local matching funds. District 7  (TKF)

 

 

                        6.         Staff recommends motion to adopt:  a Resolution approving the Fourth Amendment to the Hurricane Housing Recovery Plan (HHRP) (R2005-1885) for Fiscal Years 2005-2006, 2006-2007 and 2007-2008; modifying eligible home repairs and use of funds for the Owner Occupied Housing Rehabilitation Program.  SUMMARY: The Fourth Amendment is a continuation of prior recommendations from the Commission on Affordable Housing=s Advisory Committee, to remove barriers impeding the implementation of the HHRP.  The proposed recommendations will add the following as eligible repairs or improvements:  hurricane shutters and fence replacement.   HHRP use of funds will also be expanded under this agreement to cover: moving and/or storage expenses capped at $2,500 per household; reimbursement of 2005 hurricane/windstorm insurance policy deductible and/or reimbursement for repairs not covered by the 2005 hurricane/windstorm insurance policy up to $20,000.  Countywide (TKF)

 

 

                        7.         Staff recommends motion to approve:

 

A) Amendment No. 001 to the Conditional Grant Agreement (R2003-1632) with We Help Community Development Corporation; and

 

B) a Mortgage and Note Modification Agreement with We Help Community Development Corporation in connection with the housing project known as Abidjan Estates in the City of Belle Glade.

 

SUMMARY: On October 21, 2003, Palm Beach County entered into a Conditional Grant Agreement with We Help Community Development Corporation (We Help).  The Conditional Grant Agreement provided $600,000 in Home Investment Partnership Program (HOME) funds towards the acquisition of 73 acres of land for the Abidjan Estates mixed-use project in the City of Belle Glade.  These funds were initially secured by a Mortgage and Security Agreement covering the entire 73 acre parcel of land.  Subsequently, the County’s lien was transferred to a portion of this property covering about 22 acres where We Help was to have built and sold seventy-six (76) single-family affordable housing units by October 29, 2005, as required in both the Conditional Grant Agreement and the Mortgage and Security Agreement. The Conditional Grant Agreement also specified the maximum sale price of these three (3) and four (4) bedroom affordable housing units.  To date, We Help has constructed twelve (12) units with certificates of occupancy forthcoming.  The process of obtaining site plan approvals, as well as the 2004 and 2005 hurricanes, caused delays in the project.  Construction cost escalation has also caused a rise in the sale price of the units.  The requested Amendment No. 001 to the Conditional Grant Agreement and the Mortgage and Note Modification Agreement will extend the deadline to construct and sell these units to December 31, 2008, and will allow the sale price of the three (3) bedroom/two (2) bath units to rise from $135,000 to $195,000; and the sale price of the four (4) bedroom/two (2) bath units to rise from $145,000 to $210,000.  District 6  (TKF)


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          HOUSING & COMMUNITY DEVELOPMENT  (Cont’d)

 

                        8.         Staff recommends motion to approve: a repayment of $14,350 to the Robert E. Pinchuck Memorial Housing Trust Fund (HTF) from the Housing and Community Development (HCD) Department’s earned program income derived from the repayment of rehabilitation loans made to private property.  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:  In Fiscal Year 2002-2003, Jason and Shantel Pettry received $29,350 as down payment assistance to purchase their first home.  The verified household income of the Pettrys determined the household was low-income and eligible for down payment assistance up to $30,000.  The FHFC contracts with Florida Planning Group, Inc. to monitor SHIP Programs throughout the State.  The CAH was monitored on May 8, 2007 for Fiscal Years 2003 – 2006.  After Florida Planning Group, Inc. reviewed the Pettrys’ file, this family was deemed a moderate income household and eligible for a down payment maximum of $15,000. Florida Planning Group stated CAH staff incorrectly calculated the household income.  The HCD will use program income from rehabilitation loans to private rental housing developers to repay the HTF.  Countywide (TKF)

 

 

                        9.         Staff recommends motion to approve:  an Agreement with the Town of Jupiter for reconstruction of a soccer field and construction of a walking trail, in the amount of $78,473, in Community Development Block Grant (CDBG) funds for the period of October 2, 2007, through September 30, 2008.  SUMMARY: The improvements funded by the Agreement will be made at Jupiter Elementary School located on Loxahatchee Drive, between 1st and 4th Streets, in the Town of Jupiter.  The work on the soccer field includes sod removal; re-grading; sodding; provision of bleachers, benches, and goal posts; and construction of a clay walking trail.  The field will be used during non-school hours by authorized organizations that meet CDBG program criteria. This Agreement will provide $78,473 in Federal CDBG funds which do not require local matching funds.  District 1  (TKF)

 

 

                        10.       Staff recommends motion to approve:  Amendment No. 003 to a HOME Program Rental Assistance Loan Agreement (R2005-0652) with New Urban Development Corporation, Inc. to extend the loan closing date from December 30, 2006 to December 30, 2007.  SUMMARY:  Approval of this item will extend the loan closing date, which will allow New Urban Development Corporation, Inc. to close the loan transaction with the County and utilize the funds awarded under the agreement approved through R2005-0652, as amended via R2005-2412, and Amendment No. 002 dated August 10, 2006.  Funds in the amount of $360,000 were provided to make payments toward the construction of ten (10) affordable townhouse units located at 605 Palm Beach Lakes Boulevard in West Palm Beach.  Repayment of this loan is based on the cash-flow of the project, at an interest rate of 3% per annum.  These are Federal HOME funds that require a local match. The local match comes from Palm Beach County’s annual State Housing Initiative Program (SHIP) allocation.  District 7  (TKF)

 

 

                        11.       Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2007-0295) with the Town of Jupiter to modify the scope of the project for the expenditure of $70,846, in Community Development Block Grant (CDBG) funds.  SUMMARY:  This Amendment deletes the fencing from the scope of the project, and adds street lighting at specified locations on North Hepburn and North Orange Avenues in the Town of Jupiter.  The fencing is being deleted upon the Town’s request because several homeowners have installed fencing and planted flowers and shrubs since the Agreement for this project was executed.  These are Federal funds that require no local match.  District 1  (TKF)


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          HOUSING & COMMUNITY DEVELOPMENT  (Cont’d)

 

                        12.       Staff recommends motion to approve:   an Agreement with the Community Land Trust of Palm Beach County for $400,000 in cash to fund salaries, benefits, and operational costs and $400,000 in-kind support for the administration and operation (office space, computers, office furniture, among other things) for a two (2) year period of a countywide community land trust located at 160 Australian Avenue, Suite 500, West Palm Beach, Florida 33406.  The effective date of this Agreement shall be October 16, 2007 through October 15, 2009.  SUMMARY:  The proposed $400,000 Agreement with the Community Land Trust of Palm Beach County will provide administrative and operational expenses to assist in the start-up of the community land trust operation.  The scope of services outlined for the Agreement includes: hiring an Executive Director within 30 days and an Administrative Assistant within 120 days of executing the Agreement; creating documents and programs essential to the operations of a community land trust to include a land lease, resale formula, criteria for homebuyer selection, and homebuyer orientation program; creating organizational documents and policies such as an operating budget, mission statement, criteria and process for membership, personnel policies, program policies, staffing plan, and marketing plan; holding regular fundraising activities; holding regular Board and annual membership meetings; preparing quarterly reports on activities related to development opportunities; and reviewing and amending the bylaws where applicable.

 

The source of funds for the grant is program income and interest generated from the Housing Finance Authority Grant given to Housing and Community Development (HCD) in FY 2003-2004.  No County funds will be pledged under this Agreement. Countywide  (TKF)

 

 

13.       Staff recommends motion to approve:  Amendment No. 002 to a HOME Program Rental Assistance Loan Agreement (R2005-0252) with Lake Worth Community Development Corporation (LWCDC) to extend the loan closing date from April 30, 2006 to December 31, 2007.  SUMMARY:  Approval of this item will extend the loan closing date, which will allow Lake Worth Community Development Corporation (LWCDC) to close the loan transaction with the County and utilize the funds awarded under the Agreement. Funds in the amount of $197,470, were provided to make payments toward the construction of four (4) affordable rental housing units located at 529 South “E” Street in Lake Worth, Florida.  The original terms of the Agreement have not changed.  These are Federal HOME funds which require a local match.  The local match comes from Palm Beach County’s annual State Housing Initiative Program (SHIP) allocation.  District 7  (TKF)

 


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES

 

           

                        1.         Staff recommends motion to receive and file: three (3) Standard Development Agreements and three (3) Standard Development Renewal Agreements complete with executed documents received during the months of August and September 2007:

 

                                    Standard Development Agreements

                                    A)  Ranger Construction Industries, Inc.                                         01-01199-000                                                      B) United Pentecostal Church of West Palm Beach, Inc. 01-01200-000

                                    C) KRG/Atlantic Delray Beach, LLC                                               03-01024-001

 

                                    Standard Development Renewal Agreements

                                    D)  Sterling Communities at Talavera, LLC                                   02-01059-R01

                                    E) TLH-BOS Corp and TLH-BER Corp                                         02-01060-R01

                                    F) Polo Realty, Inc.                                                                            09-01030-R00

                                               

SUMMARY:  The terms and conditions for Standard Development Agreements and Renewals 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 and Renewals 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)

 

 

                        2.         Staff recommends motion to approve: Change Order No. 4 to the Contract with Lanzo Construction, Inc. (R2006-2466) for the Northern Region Utility Pipeline Phase III increasing the contract price by $146,759.40, and increasing the contract time by 10 days.  SUMMARY:  Change Order No. 4 authorizes the Contractor to perform additional work consisting of items 1 through 6 outlined in the description of work for the Northern Region Utility Pipeline Project Phase III. Total change orders to date, excluding the $3,631,703.07 sales tax recovery program change order, equal $229,674.52 (2.48% increase). The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15.00% overall.  This Change Order includes zero SBE participation.  The contract with Lanzo Construction Co. provides for SBE participation of 15.60%. The cumulative SBE participation, including this Change Order, is 24.74% overall.  (WUD Project No. 05-061)  District 1  (JM)


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES  (Cont’d)

           

                        3.         Staff recommends motion to approve:

 

                                    A) a unit price Contract with Southeast Drilling Services, Inc. for the Water Utilities Department Wellfield Rehabilitation Program to repair wells over a 24-month term in a cumulative amount not-to-exceed $1,672,500; and

 

                                    B) Work Authorization No. 1 to rehabilitate wells at Water Treatment Plant Nos.  2, 3, 8, 9 and 10 in the amount of $700,000. 

 

                                    SUMMARY:  On September 12, 2007, one (1) bid was received for the Water Utilities Department Wellfield Rehabilitation Program, from Southeast Drilling Services, Inc. in the amount of $1,672,500.  This Contract will be used for wellfield rehabilitation to maintain adequate raw water supply to all the Department’s water treatment plants.  Contract award is for the base contract only, and this Contract by itself does not guarantee nor authorize Southeast Drilling Services, Inc. to perform any work.  Work will be assigned during the 24-month contract period by formal work authorizations drawn against this continuing contract, with approvals pursuant to PPM CW-F-050.  The unit prices contained in this contract will be used in determining the cost of these work authorizations.  Supplements to work authorizations for changes that occur during construction will be subject to the change order limits for construction contracts as established under PPM CW-F-050 with each work authorization considered as an individual construction contract.  Work Authorization No. 1 provides for rehabilitation of wells at Water Treatment Plant Nos. 2, 3, 8, 9 and 10 in the amount of $700,000.  The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15.00% overall.  This Contract with Southeast Drilling Services, Inc. provides for SBE participation of zero overall.  Rehabilitation for large water wells requires special construction services thereby reducing options for SBE participation. Overall SBE participation is zero percent because Southeast Drilling was the only bidder.  (WUD Project No. 07-184)  Districts 2, 5 & 6          (JM)

 

 

                        4.         Staff recommends motion to approve:  Work Authorization No. 8 to the Water Utilities Department Continuing Construction Contract with Foster-Marine Contractors, Inc. (R2006-2732) for construction of the Ferndale Capital 20-inch Water Main Extension Project in the amount of $880,501.26.  SUMMARY:  On December 19, 2006, the Board approved the Water Utilities Department Continuing Construction Contract with Foster-Marine Contractors, Inc. (R2006-2732). This Work Authorization provides for construction of a 20” water main extension along Lake Ida Road.  The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15.00% overall.  The contract with Foster-Marine, Inc. provides for SBE participation of 14.98% overall.  This Authorization includes 15.35% overall participation. The cumulative SBE participation, including this Authorization, is 15.17% overall.  (WUD Project No. 06-036B)  District 5  (MJ)


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES  (Cont’d)

 

                        5.         Staff recommends motion to approve:

 

A) an Interlocal Agreement with the City of Belle Glade for the reimbursement of design and construction costs related to potable water pipeline construction; and

 

B) an Interlocal Agreement with the Health Care District of Palm Beach County for the reimbursement of design and construction costs related to potable water pipeline construction.

 

SUMMARY:  Palm Beach County Water Utilities is in the process of constructing the Lake Region Water Treatment Plant to provide bulk potable water service to the cities of Belle Glade, Pahokee, and South Bay.  In order to serve current and future development, the City of Belle Glade (“Belle Glade”) requires the extension of a potable water pipeline (“Pipeline”) from the Lake Region Water Treatment Plant to a point of connection with existing Belle Glade potable water facilities.  Construction of the Pipeline will provide Belle Glade with increased potable water capacity in order to better serve existing Belle Glade customers, and to serve future Belle Glade customers connecting to the Pipeline.  Belle Glade will reimburse the County the amount of $250,000 within thirty (30) days of the effective date of the Interlocal Agreement with Belle Glade.  In addition, under the terms of the Interlocal Agreement with Belle Glade, Belle Glade will charge new customers connecting to the Pipeline their proportionate share of the Pipeline design and construction costs, and then remit said funds to the County.  The Health Care District of Palm Beach County (“District”) will also benefit from the extension of this pipeline, and has agreed to reimburse the County their proportionate costs of the design and construction of the Pipeline.  Under the terms of the Interlocal Agreement with the District, the District shall reimburse the County their proportionate share of design and construction costs following design and construction of the Pipeline.  (WUD Project No. 07-084)  District 6  (MJ)

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT

 

1.         Staff recommends motion to approve:  Change Order No. 1 to decrease the construction Contract (R2006-0141) with J.F. Brennan Co., Inc. by the amount of $258,695.36 for the Palm Beach County Sediment Management Project No. 2006-001 (Project).  Summary:  On January 24, 2006, the Board approved the Contract with J.F. Brennan Co, Inc. to dredge muck from the C-51 Canal in the amount of $1,700,000.  Change Order No. 1 reduces the Contract $258,695.36 for the decreased quantity of dredged material due to differing site conditions.  There is no Small Business Enterprise (SBE) participation on this Contract.  Districts 2 & 3  (JM)

 

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to approve: Agreement with Community Back to School Bash, Inc. for the period November 6, 2007, through December 30, 2007, in an amount not-to-exceed $7,500 for the 2007 Community Back to School Bash event. SUMMARY: This funding is to help offset costs paid for the 2007 Community Back to School Bash event held on August 11, 2007, at the Palm Beach County Convention Center.  The event attracted approximately 8,000 participants.  The Agreement allows for the reimbursement of eligible project costs incurred subsequent to June 6, 2007.  Funding is from the Recreation Assistance Program (RAP) District 2 ($5,000) and District 6 ($2,500) Funds.  Countywide  (AH)


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION  (Cont’d)

 

 

2.         Staff recommends motion to approve:   Staging Area Agreement with Florida Power and Light Company (FPL) to utilize a portion of John Prince Park to park vehicles and stage equipment, employees, and contractors following a natural disaster, military, or civil disturbance.   SUMMARY:  In the event of natural disasters such as hurricanes or other catastrophic events that result in electrical power loss, this Agreement will allow FPL to temporarily set up a staging area in John Prince Park for vehicles, equipment, and outside resources.  The staging area will consist of approximately ten (10) acres at the Mound Circle picnic area and will only be used as reasonably necessary for FPL to restore electric service to Palm Beach County residents.  District 3  (AH)

 

 

3.         Staff recommends motion to approve:  Interlocal Agreement with the School Board of Palm Beach County for the delivery of transitional life skills and education services to students with mild to moderate disabilities, ages 18 to 22, at the Club Managers Association of America Therapeutic Recreation Complex. SUMMARY: This Agreement allows Palm Beach County and the School Board of Palm Beach County to utilize each other’s personnel, expertise and services for the provision of educational and transitional life skill services to students ages 18 to 22 with mild to moderate disabilities.  The program developed pursuant to this Agreement will provide the students an opportunity to develop and practice transitional life skills outside the traditional school setting.  The students will receive daily living and vocational education from a certified School Board teacher, and leisure and recreation skill development from the County’s Parks & Recreation Therapeutic Recreation staff.  District 3  (AH)

 

 

4.         Staff recommends motion to receive and file: First Amendment to Agreement (R2007-0891) with the City of Pahokee for the 2007 Muck City Champions celebration. SUMMARY:  This fully executed First Amendment to Agreement in an amount not-to-exceed $12,000 extends the project completion date from April 1, 2007 to September 30, 2007, and the term of the Agreement from July 1, 2007 to December 30, 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, including the Agreement amount, remain the same.  Funding for the project is from the Recreation Assistance Program (RAP) District 6 Funds.  District 6  (AH)


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION  (Cont’d)

 

 

5.         Staff recommends motion to receive and file:  executed Independent Contractor Agreements received during the months of September and October:

 

A) Shelly Janssen, Dance Instructor, West Boynton Park & Recreation Center (JANS00041007525200J);

 

B)  Robert Hein, Tennis Instructor, various facilities (HEIN000110075201H);

 

C) Kim Moser, Classical Fencing Instructor, West Jupiter Recreation Center (MO1025831007523300E);

 

D) Kathy Andio, Water Exercise Instructor, North County Aquatic Complex (AND1095381007530500B);

 

E)  Teresa Krellner, Basketball Official, West Boynton Park & Recreation Center (KREL1139180907525200A);

 

F)  Steve VanCoppenolle, Water Exercise Instructor, North County Aquatic Complex (VANC00061007530500I);

 

G)  JKF Goju Kai, Florida, Inc., Martial Arts Instructor, West Jupiter Recreation Center (JKFGOJU1110971007523300B);

 

H)  Cindy Martling, Stroller Power Exercise Instructor, West Jupiter Recreation Center (MART1087501007523300B);

 

I)  Gold Coast Gymnastics, Gymnastics Instructor, West Boynton Park & Recreation Center (GOLD01291007525200G);

 

J)  Alexis Cardona, Martial Arts Instructor, West Boynton Park & Recreation Center (CARD00361007525200I); and

 

K)  Susan Allshouse, Tennis Instructor, West Boynton Park & Recreation Center (ALLS1074101007525200B).

 

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 attached Independent Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Assistant Director of the Parks and Recreation Department in accordance with Resolution 94-422, amended by Resolutions 02-2103 and 07-0409, and are now being submitted to the Board to receive and file.  Countywide (AH)

 


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION  (Cont’d)

 

6.         Staff recommends motion to approve:  

 

                                    A)  Agreement with Loxahatchee Historical Society, Inc. for the period November 6, 2007, through November 1, 2008, in an amount not-to-exceed $75,000 for development of the historic Tindall Homestead;

                                               

                                    B) a Budget Transfer of $75,000 in the Transportation Improvement Fund from Reserve for District 1 to the County Transportation Trust Fund;

 

                                    C) a Budget Transfer of $75,000 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 $75,000 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 $75,000 in the Park Improvement Fund increasing the annual transfer from the General Fund and increasing the appropriation to the District 1 Recreation Assistance Program (RAP).

 

SUMMARY:  This funding is to assist with costs for development of the 1892 George Washington Tindall house as an interior/exterior historic exhibit on the Jupiter Lighthouse & Museum grounds.  The Tindall House is owned and will be operated by the Loxahatchee River Historical Society, Inc.  When complete, this historic homestead is anticipated to be visited by approximately 42,000 visitors annually.  The Agreement allows for the reimbursement of eligible project costs incurred subsequent to October 1, 2007.  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 the available ad valorem support to the District 1 Recreation Assistance Program (RAP).  At the November 21, 2006 Board meeting, the flexibility of up to $200,000 in transfers was approved for this purpose.  This project uses the available balance in transfers for District 1 Funds.  District 1  (AH)

 

 

7.         Staff recommends motion to approve: 

 

A) Budget Amendment of $1,599,313 in the Park Improvement Fund to recognize insurance proceeds received for Hurricane Wilma-related damages to the Southwinds Golf Course Clubhouse, of which $1,132,054 will be budgeted for clubhouse re-construction and $467,259 transferred to General Fund Contingency Reserves; and

 

B) Budget Amendment of $467,259 in the General Fund to establish budget for the reimbursement of contingency funding.

 

SUMMARY:  On September 12, 2006 (Agenda Item 6.E.2), the Board approved a $467,259 budget transfer from the General Fund Contingency to the Park Improvement Fund in order to fund Hurricane Wilma-related items for the Southwinds Golf Course Clubhouse project. The budget amendments recommended in this item are necessary to recognize the insurance proceeds relating to the damage, establish budget for the reconstruction project, and establish budget for the repayment to the General Fund Contingency.  District 5  (AH)


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION  (Cont’d)

 

8.         Staff recommends motion to: 

 

A) receive and file a fully executed Florida Communities Trust (FCT) Grant Contract for $2,500,000 to fund the acquisition of the 1.10 acre waterfront Susan DuBois Kindt Estate; and

 

B) approve Budget Amendment of $2,500,000 within the Park Improvement Fund to establish a budget for the approved grant.

 

SUMMARY:  On July 11, 2006, the Board authorized submission of a Florida Communities Trust grant application for acquisition of the 1.10 acre waterfront Susan DuBois Kindt Estate (R2006-1315).  The Board also authorized the County Administrator or his designee to execute the grant contract (FCT Contract Number 07-CT-1E-06-F6-A1-041) and other grant related forms if the grant was approved.  This grant was approved, the grant contract has been fully executed, and is now being submitted to the Board to receive and file.   The $2,500,000 grant will be matched with $2,500,000 from the 2004 $50 Million Waterfront Access and Preservation General Obligation Bond.  As outlined in the grant contract, the grant award will be paid directly to the property seller at closing.  The 1.10 acre waterfront Susan DuBois Kindt Estate is also known as Zekes Marina and is located on the Jupiter Inlet, directly west of Dubois Park.  The acquisition of this property will be used to expand the park’s western boundary.  District 1  (AH)

 

 

N.        LIBRARY

 

1.         Staff recommends motion to:

 

A)  receive and file a Grant Agreement for a $500,000 Construction Grant awarded by the State Division of Library and Information Services for the County Library Expansion Program West Atlantic Avenue (Hagen Ranch Road Branch) Library project; and

 

B) approve Budget Amendment of $500,000 to establish a new fund for this construction grant.

 

SUMMARY:  The Library has received notification that a grant has been awarded for $500,000 for the West Atlantic Avenue (Hagen Ranch Road Branch) Library expansion project.  The Application was approved by the BCC on August 15, 2006 (R2006-1482), with notification of the project funding on August 15, 2007.  The Grant Agreement has been signed by the Chairperson in accordance with the authorization given with the approval of Agenda Item R2006-1482.  A budget amendment is required since these grant funds were not included in the FY 2007 or FY 2008 budgets.  District 5  (TKF)

 

 

S.        FIRE RESCUE

 

1.         Staff recommends motion to approve:  the Second Amendment to the Agreement for Labor Negotiation Services with Ogletree, Deakins, Mash, Smoak & Stewart, P.C. (R2003-1570), effective retroactively from October 1, 2007 for an additional six (6) month period, in an amount not-to-exceed $41,000.  This represents $40,000 for fees and $1,000 for expenses.  SUMMARY:  This Second Amendment permits the firm to continue to provide expert advice and assistance in the area of Collective Bargaining negotiations and David DeMaio to act as the County's chief negotiator in ongoing disability benefits negotiations with the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc.  Countywide  (SGB)

 


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

U.        INFORMATION SYSTEMS SERVICES

 

                        1.         Staff recommends motion to approve:

 

A) Amendment No. 7 to the Contract with Metatomix, Inc. (R2004-2414), for a not-to-exceed amount of $297,604.50 for Phase II, and to extend the Contract and Change Order No. 1 (R2006-1159) expiration date to December 31, 2009 and authorizing the use of Task Orders for Phase II work tasks;

 

B) Task Order No. 1 with Metatomix to begin Phase II of the Visual Planning Technologies/Law Enforcement eXchange (VPT/LEX) Project to integrate law enforcement information in the amount of $118,500;

 

C) a Budget Transfer of $250,000 from the Criminal Justice Reserve Fund to the Information Technology Capital Improvements (VPT-System) Fund;

 

D) a Budget Amendment to recognize the transfer of $250,000 from the Criminal Justice Reserve Fund to the Information Technology Capital Improvements (VPT-System) Fund; and

 

E) a Budget Amendment of $250,000 decreasing the Information Systems Services Fund.

 

Summary:  Palm Beach County ISS and Metatomix, Inc. have been working to complete Phase I of the VPT/LEX Project to integrate disparate law enforcement information systems to provide the capability to share crime-related information among the agencies.  Phase II will be funded from the existing VPT Capital Account and $250,000 transferred from the Criminal Justice Commission (CJC) in February 2007.  Additional funding for this data sharing effort is being sought from other law enforcement sources including a Department of Justice grant targeting violent crime.  The LEX Executive Committee is in the process of establishing the governance structure and methodology for funding future recurring costs following completion of Phase II. This next phase will include establishing a production environment, connecting additional Palm Beach County law enforcement agencies, programming additional application functionality, completing any remaining items from Phase I, and providing additional resources as required for completing the work.  Additional Phase II work to connect to other law enforcement data sources and/or integration with other systems (such as system logging, pawn data or the Miami Region) will be detailed as required and authorized via Task Orders under this Contract.  The accompanying Budget Transfer will consolidate the funds transferred from CJC into the project capital account.  Countywide  (PFK)

 

 

AA.      PALM TRAN

 

1.         DELETED

 

 

2.         Staff recommends motion to approve: an Agreement with the Florida Department of Highway Safety and Motor Vehicles authorizing Palm Tran to act as a Third Party Administrator to conduct driver license examinations on behalf of the Department.  SUMMARY:  Florida Department of Highway Safety and Motor Vehicles authorizes Third Party Administrators to act on their behalf for Florida motor vehicle license testing.  Palm Tran has been acting as a Third Party Administrator for the Department since 2003 (R2003-1102).  This third party administration of motor vehicle testing is in accordance with Florida Statutes Section 322.56, and all third party testers are required to enter into new state contracts by December 2007.  Palm Tran has two (2) certified testers for Palm Tran employees to acquire a Commercial Driver License (CDL).  Countywide  (DR) 


NOVEMBER 6, 2007

 

 

3.         CONSENT AGENDA APPROVAL

 

 

AA.      PALM TRAN  (Cont’d)

 

3.         Staff recommends motion to:

 

A) approve a Budget Transfer of $2,700,000 in the Palm Tran Grant Fund to reallocate funds, as a result of the reclassification of Federal Transit Administration (FTA) Section 5307 Grant funding; and

 

B) approve a downward Budget Amendment of $2,700,000 in the Palm Tran Operating Fund to reconcile to the transfer made in the Palm Tran Grant Fund.

 

SUMMARY:  Palm Tran budgeted $2,700,000 in FY ‘07 in the Operating Fund to balance to a transfer from the Grant Fund for Operating Assistance.  Budget was set up based on past and general maintenance items.  Beginning with FY ‘07 Section 5307 Grant, the FTA reclassified the funding as Preventative Maintenance, which qualifies these costs to be appropriated and reimbursed directly through the Grant Fund.  To adjust for this change, a $2,700,000 journal entry has been made to move expenses for Preventative Maintenance from the Operating Fund to the Grant Fund.  A $2,700,000 budget transfer from Department 820 (Transfer to Operating) to Department 542 (Grant Expenses) will be processed in the Grant Fund, and a $2,700,000 Budget Amendment will be processed in Fund to balance both funds.  Countywide  (DR)

 

 

 

BB.     SHERIFF

 

                        1.         Staff recommends motion to:

 

A) accept a Department of Justice Office of Justice Programs Edward Byrne Memorial Discretionary Grant award in the amount of $1,650,000 for the period of October 1, 2007, through September 30, 2008; and

                                   

B) approve a Budget Amendment of $1,650,000 increasing the Sheriff’s Grant Fund.

 

SUMMARY:  On September 26, 2007, the Palm Beach County Sheriff’s Office (PBSO) received an award to target violent crime.  PBSO will implement a countywide Multi-Agency Violent Crimes Strategy.  The primary goal is to create safer communities by reducing the violence and gang problem in Palm Beach County through the coordinated law enforcement response informed by data and real-time intelligence.  The strategy to be employed includes an integrated seven-prong approach encompassing: 1) intelligence & data sharing; 2) multi-agency investigations; 3) suppression tactics; 4) proactive patrol; 5) intra and inter-agency collaboration; 6) vertical prosecution, and 7) systematic evaluation.  There is no required match by the funding agency; however, the PBSO has committed to use salaries, benefits, and equipment as a match in the amount of $1,156,865.  No additional positions are needed and no additional County funds are required.  Countywide  (DW)

 

 

* * * * * * * * * * * *


NOVEMBER 6, 2007

 

 

4.         SPECIAL PRESENTATIONS – 9:30 A.M.

 

 

            A.        Presentation by the International Economic Development Council (IEDC) regarding the Business Development Board’s National Accreditation with IEDC.

 

 

            B.        Proclamation declaring the month of November 2007 as “National Hospice and Palliative Care Month – Hospice of Palm Beach County’s 30th Anniversary” in Palm Beach County.  (Sponsored by Commissioner Greene)

 

 

            C.        Proclamation declaring the month of November 2007 as “Alzheimer’s Awareness Month” in Palm Beach County.  (Sponsored by Commissioner McCarty)

 

 

            D.        Proclamation declaring the month of November 2007 as “National Adoption Month” in Palm Beach County.  (Sponsored by Commissioner Greene)

 

 

            E.        Proclamation declaring November 2007 as “Joey Bergsma Retinoblastoma Awareness Month” in Palm Beach County.  (Sponsored by Commissioner Aaronson)

 

 

 

* * * * * * * * * * * *


NOVEMBER 6, 2007

 

 

5.         REGULAR AGENDA

 

 

A.        ADMINISTRATION

 

1.         Staff requests Board direction: as to the handling of additional stakeholder suggestions on what should be done to evaluate the impacts of mining within the Everglades Agriculture Area (EAA).  SUMMARY:  On September 11, 2007, the Board of County Commissioners (BCC)             accepted the study entitled “Permitting Process Regarding Mining Impacts within the EAA” and approved having staff implement the improvements listed in the             Conclusions section of the study.  Implementation of those improvements would provide for improved regulation and intergovernmental coordination during     the review process dealing with mining in the EAA.  After the September 11, 2007 presentation of the results, there was concern expressed by some stakeholders     that the permitting process was inadequate to address some of the issues dealing with the impacts within the EAA as a result of mining activities.  Based on those comments, the BCC directed staff to seek additional input.  Input from the stakeholders contained some suggestions that may be able to be accomplished through the current permitting review process.  Other suggestions are beyond the scope of the current permitting review process and would require substantial study effort. Those additional comments that were received are presented today. Countywide/District 6  (MJ)

 

 

            B.        AIRPORTS

 

               1.         Staff recommends motion to approve:  a Retail Concession Agreement with Paradies-Palm Beach, LLC, for the Palm Beach International Airport.  SUMMARY:  The Department of Airports issued a request for proposals (RFP) for the retail concession at the Palm Beach International Airport (PBIA) on May 10, 2007.   Paradies-Palm Beach, LLC (Paradies), submitted the only responsive, responsible proposal to the RFP. Staff is recommending approval of a Retail Concession Agreement with Paradies, which provides for an initial minimum annual guarantee (MAG) of $1,350,000 and an initial capital investment of $4,558,500.  Following completion of build-out of the new concession facilities, Paradies will be required to pay the greater of the MAG or a percentage of annual gross receipts.  Percentages vary based on the concession unit location.  The proposal submitted by Paradies indicates that the weighted average percentage rent for existing locations will be 20%.   The percentages are summarized by location in Attachment No. 1 of the Agenda Item.  The MAG adjusts annually based on the greater of the preceding year’s MAG or 90% of the preceding year’s percentage rent.  Paradies proposed construction of four (4) additional concession locations at PBIA in addition to proposing concepts for the existing locations.  The new locations include a FAO Schwarz/Beach Fun playground, two (2) 10-Minute Manicure locations and a Tropical News kiosk.  The percentage rent for the Tropical News kiosk will be 22% of annual gross receipts, which exceeds the minimum percentage rent established in the RFP for similar locations.  Paradies has requested the County approve a percentage rent of 12% of annual gross receipts for the FAO Schwarz/Beach Fun and 10-Minute Manicure concepts.  The RFP allowed respondents to propose a minimum percentage rent of 12% for up to three (3) concession locations; however, the County is permitted to authorize additional locations at the lower percentage, provided the locations are locally or nationally branded specialty retail stores or provide personal services.  Staff is recommending approval of the lower percentage for the FAO Schwarz/Beach Fun and 10-Minute Manicure concepts pursuant to the agreement because the concepts will increase the number of retail concession opportunities at PBIA and overall revenues to the County.  The Agreement also provides for 25% participation by disadvantaged business enterprises.  Countywide  (AH)

 


NOVEMBER 6, 2007

 

 

5.         REGULAR AGENDA

 

 

            C.        FIRE RESCUE

 

 

1.         Staff recommends motion to approve on preliminary reading and advertise for Public Hearing on November 20, 2007, at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Section 26-51 of Chapter 26, Article II, Division 3, of the Palm Beach County Code; eliminating the Glades Regional Fire MSTU (Municipal Service Taxing Unit); amending the boundaries of the Fire Rescue MSTU to include the unincorporated areas formerly within the Glades Regional Fire MSTU; restating provisions describing the Jupiter MSTU; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Code of Laws and Ordinances; providing for captions; providing for effectiveness.  Summary:  The Glades Regional Fire MSTU currently encompasses unincorporated areas in the western portion of Palm Beach County.  On October 1, 2006, Palm Beach County Fire Rescue began providing fire rescue services to the unincorporated areas within the Glades Regional Fire MSTU, which areas previously had been served by the Cities of Pahokee, South Bay and Belle Glade through contracts with the County.  Effective January 1, 2008, Palm Beach County Fire Rescue will become the primary provider of Advanced Life Support emergency medical services and transport within the Glades Regional Fire MSTU, thereby providing services consistent with those provided within the Fire Rescue MSTU.  This Ordinance will add to the Fire Rescue MSTU those unincorporated areas that currently comprise the Glades Regional Fire MSTU and eliminate the Glades Regional Fire MSTU.    Countywide  (SB)

 

 

2.         Staff recommends motion to approve on preliminary reading and advertise for Public Hearing on November 20, 2007, at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Section 26-51, Subsection (b), of Chapter 26, Article II, Division 3, of the Palm Beach County Code; amending the boundaries of the Fire Rescue MSTU (Municipal Service Taxing Unit) to include the Town of Lantana; providing for effectiveness; providing for opt-out procedures; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Code of Laws and Ordinances; providing for captions.  Summary: The Fire Rescue MSTU encompasses the unincorporated areas of Palm Beach County plus the incorporated areas within the municipal boundaries of municipalities that have opted to join the MSTU.  The County has provided fire rescue services within the Town of Lantana (Town) through Interlocal Agreements since fiscal year 1998 at a rate established by the Agreements.  The Town now desires to opt into the Fire Rescue MSTU as a method to receive and pay for fire rescue services from the County.  This Ordinance will amend the boundaries of the Fire Rescue MSTU to include the properties within the municipal boundaries of the Town.  Inclusion of the Town in the Fire Rescue MSTU will not change the amount of revenue received from the Town for fire rescue services.  Countywide  (SB)

 


NOVEMBER 6, 2007

 

 

5.         REGULAR AGENDA

 

 

            D.        HOUSING & COMMUNITY DEVELOPMENT

           

                        1.         Staff recommends motion to approve:

 

                                    A)  Policies for the Residential Rehabilitation Program; and

 

                                    B)  Policies for the Emergency Rehabilitation Program.

 

SUMMARY: The policies for the Residential Rehabilitation Program and the policies for the Emergency Rehabilitation Program will be utilized by HCD to implement these programs using Community Development Block Grant (CDBG) funds and/or State Housing Initiative Program (SHIP) funds.  Both programs provide varying levels and types of housing rehabilitation assistance to low income owner occupants.  These policies will take effect on this date and supercede all prior polices.  Applicants whose funding has not been approved, and who submitted applications prior to this date, will be allowed the choice of qualifying under these polices or under the ones in effect at the time of application.  The funds used for these programs do not require a local match.  Countywide  (TKF)

 

 

            E.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

                        1.         Staff recommends motion to adopt:  a Resolution authorizing the negotiated sale of Public Improvement Revenue Refunding Bonds, Series 2007A (Biomedical Research Park Project) in the aggregate principal amount of not exceeding $2,582,648 and Taxable Public Improvement Revenue Refunding Bonds, Series 2007B (Biomedical Research Park Project) in the aggregate principal amount of not exceeding $5,180,949 for the purpose of paying, at or prior to maturity, the County’s outstanding Public Improvement Revenue Note (Biomedical Research Park Infrastructure Project), Series 2006A and Taxable Public Improvement Revenue Note (Biomedical Research Park Infrastructure Project), Series 2006B and paying all costs necessary or incidental to the foregoing; determining certain details of said Bonds; awarding the sale of the Bonds pursuant to a negotiated sale; appointing a paying agent and registrar for the Bonds; authorizing the proper officers of the County to do all other things deemed necessary or advisable as to the sale and delivery of the Bonds; and providing an effective date. SUMMARY:  Bond counsel has concluded that the refinancing of the Series 2006A & B Notes, described below, should be accomplished separately from the bond issue planned for this year relating to the Scripps project at FAU (the Scripps Bonds) for the following reasons:  1) In the event the Mecca site is sold, the County will need the ability to prepay the Series 2007A Bonds.  The County has requested bids from Banks for the Series 2007A and Series 2007B Bonds, which will be fixed rate, 20 year bonds that can be prepaid at any time without penalty.  The terms of the Scripps Bonds, which will be sold publicly, will prohibit prepayment for a specified period of time.  2)  By separating the pricing of the Series 2007A & B Bonds from the pricing of the Scripps Bonds by at least 15 days, the County will ensure that the tax-exempt status of the Scripps Bonds will not be impacted by any tax issues related to the Mecca infrastructure refinancing.  Because the original plan for the Mecca site has changed, bond counsel has been working with County staff to review the expenditures refinanced by the Series 2006A & B Notes to determine what portion of the tax-exempt 2006A Notes can be refinanced on a tax-exempt or taxable basis.  The ultimate determination will result in the final par amounts of the Series 2007A Bonds and the taxable Series 2007B Bonds.  The County will accept the lowest bids submitted for the purchase of the Series 2007A & B Bonds, which are expected to close on November 14, 2007.  The Scripps Bonds are expected to be issued in early December.  Countywide  (PFK)

 


NOVEMBER 6, 2007

 

 

5.         REGULAR AGENDA

 

 

            F.         PLANNING, ZONING & BUILDING

 

1.         Staff recommends motion to approve on preliminary reading and advertise for Public Hearing on December 18, 2007, at 9:30 a.m.; an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Schedule “A” of Chapter 8.5, Article II, Palm Beach County Code (known as the “Code Enforcement Citation Ordinance of Palm Beach County, Florida”): to update certain code references; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Code of Laws and Ordinances; providing for a savings clause; and providing for an effective date.  SUMMARY:  This amendment updates the County’s Code Enforcement Citation Ordinance, bringing Schedule “A”, which identifies the types of violations and the fines associated with them, into conformance with changes made to the Unified Land Development Code.  Countywide  (GB)

 

 

 

* * * * * * * * * * * *

 


NOVEMBER 6, 2007

 

 

6.         BOARD APPOINTMENTS

 

            A.        COMMUNITY SERVICES

                        (Homeless Advisory Board)

 

1.         Staff recommends motion to approve: appointment of the following community and business representatives to the Homeless Advisory Board for a term of two (2) years, effective November 6, 2007:

 

                        Seat No.                                Appointment                                                Member Category

                        17                                            Michelle Diffenderfer                                    Business Representative

                        18                                            Susan Guillama                                             Business Representative

                        19                                            David Gury                                                     Business Representative

                        20                                            Phillip Lewis                                                  Business Representative

                        21                                            William Oberlink                                            Business Representative

                        22                                            John (Jack) Scarola                                      Business Representative

                        23                                            William Washington                                      Business Representative

                        24                                            Paul Gionfriddo                                             Private Foundation

                        25                                            Shannon Sadler Hull                         Private Foundation

                        26                                            Suzette Wexner                                             Private Foundation

                        27                                            Thomas Bell                                                   Formerly Homeless

                        28                                            Michelle Carter                                              Formerly Homeless

                        29                                            Stephen Johnson                                          Formerly Homeless

                        30                                            Vacant                                                            Formerly Homeless

                        31                                            Leo Abdella                                                   Faith-Based Organization

                        32                                            Kerry Gallagher                                             Philanthropist

                        33                                            Judith Aigen                                                   Housing Authority

                        34                                            David Zechman                                             Hospital Executive Officer

                        35                                            Ezra Krieg                                                      General Representative

                        36                                            Reverend Andrew Sherman                        General Representative

 

SUMMARY:  On May 1, 2007, the Board of County Commissioners approved a resolution establishing the Homeless Advisory Board.  The Advisory Board consists of sixteen (16) core members who are principally elected officials or agency heads (or their designees) and twenty (20) community and business members.  The community and business member seats are broken down as follows: seven (7) business representatives; three (3) private foundation representatives; four (4) formerly homeless representatives; one (1) faith based community representative; one (1) philanthropist; one (1) housing authority representative; one (1) hospital executive officer: and two (2) general members.  In accordance with the establishing resolution, the community and business representatives to this advisory board are nominated by the core members.  The above slate of nominations for the community and business member seats was approved by the core members on October 17, 2007.  Countywide (TKF)

 

           

 

B.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

 

* * * * * * * * * * * *


NOVEMBER 6, 2007

 

 

7.         MATTERS BY THE PUBLIC – 2:00 P.M.

 

 

 

 

* * * * * * * * * * * *

 


NOVEMBER 6, 2007

 

 

8.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

 

 

 

 

 

B.        COUNTY ATTORNEY

 

 

 


NOVEMBER 6, 2007

 

 

 9.        COMMISSIONER COMMENTS

 

A.        District 1 - COMMISSIONER KAREN T. MARCUS

 

 

 

 

 

 

B.        District 2 - COMMISSIONER JEFF KOONS, VICE CHAIR

 

 

 

 

 

 

 

C.        District 3 - COMMISSIONER ROBERT J. KANJIAN

 

 

 

 

 

 

 

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

 

 

 

 

 

 

10.       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."


November 6, 2007 – 9:30 a.m.

FINAL

 

 

                                                                                BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

NOVEMBER 6, 2007

 

PAGE             ITEM

 

  1                                            ADD-ON:  Executive Session at 1:45 p.m. in the McEaddy Conference Room to discuss negotiations with the Communications Workers of America and impact bargaining with Amalgamated Transit Union.

 

10                    3A-11             DELETED: Staff recommends motion to approve:    

 

A) expenditure in the amount of $16,000 from the Capital Outlay Fund to increase funding for Dillman Heights Speed Humps Project; …(Project to be funded through Engineering Department)  (Office of Community Revitalization)

 

11                    3B-3*              DELETED:  Exhibit N only on the Purchasing Contracts list.  (Performance Bond not received)  (Clerk & Comptroller/Purchasing)

 

24                    3I-2                  REVISED TITLE: Staff recommends motion to approve: thirteen (13) fourteen (14) Agreements totaling $261,234 $281,234 for the FY 2007-2008 Emergency Shelter Grants Program (ESGP) with the following non-profit agencies, in the amounts and for the activities indicated, for the period October 1, 2007 to September 30, 2008: A) thru I)…okay

 

J) Florida Housing Corporation - $20,000 for the prorated share of electricity expense for 100 Homeless Disabled Adult Program enrollees at Florida Housing Corporation’s Palm Beach Assisted Living Facility.

                                   

J) K)    Florida Resource Center for Women and Children, Inc. - $21,000 for operation and maintenance expenses for an emergency shelter; food vouchers and prescription medications to serve 135 homeless victims of domestic abuse; 

                                                K) L)   The Lord’s Place, Inc. (Boynton Beach Family Shelter) - $23,500 for operation expenses for a transitional housing facility for 200 individuals in families;

                                   

                                                L) M)   The Lord’s Place, Inc. (Café Joshua) - $20,000 for operation expenses of Café Joshua, to provide meals and other day shelter services for 575 homeless guests who are referred for support services by other provider agencies from throughout the County; and

 

                                                M) N)   Young Women’s Christian Association of Palm Beach County, Florida (YWCA) - $20,540 for operation and maintenance of YWCA Harmony House to provide emergency shelter for 402 homeless women and children victims of domestic abuse.  (HCD)

 

31                    3K-5*              DELETED: Staff recommends motion to approve:

 

A) an Interlocal Agreement with the City of Belle Glade for the reimbursement of design and construction costs related to potable water pipeline construction; and…(WUD)

 

38                    4F                   ADD-ON: Certification of Appreciation to James Stuber for Unfailing Leadership and Dedicated Service for 24 years as the Chief Legal Counsel to Discover Palm Beach County and Palm Beach County’s No. 1 Industry, Tourism.  (Sponsored by Commissioner Koons)

 

 

39                    5A-1                DELETED:  Staff requests Board direction: as to the handling of additional stakeholder suggestions on what should be done to evaluate the impacts of mining within the Everglades Agriculture Area (EAA).  (Moved to November 27, 2007 Workshop at 11:00 a.m.)  (Admin./Water Resources)

 

40                    5C-1               REVISED SUMMARY: The Glades Regional Fire MSTU currently encompasses unincorporated areas in the western portion of Palm Beach County.  On October 1, 2006, Palm Beach County Fire-Rescue began providing fire-rescue services to the unincorporated areas within the Glades Regional Fire MSTU, which areas previously had been served by the Cities of Pahokee, South Bay and Belle Glade through contracts with the County.  Effective January 1, 2008, Palm Beach County Fire-Rescue will become the primary provider of Advanced Life Support emergency medical services and transport within the Glades Regional Fire MSTU, thereby providing services consistent with those provided within the Fire/Rescue MSTU.  This Ordinance will add to the Fire/Rescue MSTU those unincorporated areas that currently comprise the Glades Regional Fire MSTU and eliminate the Glades Regional Fire MSTU.  This Ordinance also restates provisions describing the Jupiter MSTU to provide a simplified description of the boundaries.  (Fire Rescue)

 

41                    5E-1                REVISED TITLE:  Staff recommends motion to adopt: a Resolution authorizing the negotiated sale of Public Improvement Revenue Refunding Bonds, Series 2007A (Biomedical Research Park Project) in the aggregate principal amount of not exceeding $2,600,000 $2,582,648 and Taxable Public Improvement Revenue Refunding Bonds, Series 2007B (Biomedical Research Park Project) in the aggregate principal amount of not exceeding $5,200,000  $5,180,949  for the purpose of paying, at or prior to maturity, the County’s outstanding Public Improvement Revenue Note (Biomedical Research Park Infrastructure Project), Series 2006A and Taxable Public Improvement Revenue Note (Biomedical Research Park Infrastructure Project), Series 2006B and paying all costs necessary or incidental to the foregoing; determining certain details of said Bonds; awarding the sale of the Bonds pursuant to a negotiated sale; appointing a paying agent and registrar for the Bonds; authorizing the proper officers of the County to do all other things deemed necessary or advisable as to the sale and delivery of the Bonds; and providing an effective date.  (OFMB)

 

 

42                    5F-1                DELETED:  Staff recommends motion to approve on preliminary reading and advertise for Public Hearing on December 18, 2007, at 9:30 a.m.; an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Schedule “A” of Chapter 8.5, Article II, Palm Beach County Code (known as the “Code Enforcement Citation Ordinance of Palm Beach County, Florida”): to update certain code references; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Code of Laws and Ordinances; providing for a savings clause; and providing for an effective date.  (Further staff review) (PZ&B)

 

 

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 (*).