ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
NOVEMBER 20, 2007
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 6 - 26)
4. PUBLIC HEARINGS - 9:30
A.M. (Pages 27 - 29)
5. REGULAR
AGENDA (Pages 30 - 33)
6. BOARD
APPOINTMENTS (Page 34)
7. STAFF
COMMENTS (Page 35)
8. COMMISSIONER
COMMENTS (Page 36)
9. ADJOURNMENT (Page 36)
* * * * * * * * * * *
NOVEMBER 20, 2007
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION - None
B. CLERK & COMPTROLLER
Page 6
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 6
3C-1 Report
of plat recordations
3C-2 Budget
Transfers related to Keep Palm Beach County Beautiful program
Page 7
3C-3 Budget
Transfer/Amendment related to E-Permitting project
3C-4 Notice
for professional services for the preparation of Corridor Master Plans
3C-5 Change
Order No. 6 with J.W. Cheatham, LLC regarding Greenview Shores Blvd.
3C-6 Budget
Transfer regarding pathway on Coconut Lane
3C-7 Budget
Transfer regarding concrete medians on Boynton Beach Blvd.
Page 8
3C-8 Contract with Lanzo Construction Company,
Florida for the construction of Limestone Creek wastewater system
3C-9 Release of a Removal Agreement for a sign at
U.S. 1 and Coconut Lane in Tequesta
D. COUNTY ATTORNEY
Page 8
3D-1 Transcript
for the closing of the $7,335,000 Variable Rate Revenue Bonds (Comprehensive
Community Care Network)
3D-2 Quitclaim
Deed to JCL Management, LLC regarding Palm Beach Farms Plat No. 3
Page 9
3D-3 Reimbursement
of attorney’s fees/costs regarding Commissioner Marcus’ ethics issue
E. COMMUNITY SERVICES
Page 9
3E-1 Three
(3) contracts with agencies regarding Financially Assisted Agencies funding
3E-2 Agreement
with Education Development Center, Inc. regarding Head Start services
Page 10
3E-3 Budget
Amendment to recognize donation from National Automobile Dealers Association
3E-4 Amendment
No. 2 with Area Agency on Aging regarding Older Americans Act Program
3E-5 Amendment
No. 1 with Area Agency on Aging regarding Nutrition Services Incentive Program
F. AIRPORTS
Page 10
3F-1 Standard
form license agreement for short-term use of properties delegation of authority
Page 11
3F-2 Easement
Exchange Agreement with CAM Realty, LLC
3F-3 Amendment
No. 2 with The LPA Group, Inc. for professional planning and design services
Page 12
3F-4 Receive
& File six (6) Agreements for the Dept. of Airports
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 12
3G-1 Selection
of Senior Manager and co-managers related to the $170M Public Improvement
Revenue Bonds for jail expansion and other government facilities
3G-2 Nabors,
Giblin & Nickerson as bond counsel for the $35.1M Public Improvement
Revenue Bonds for acquisition/development of law enforcement information
technology equipment
NOVEMBER 20, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET - Cont’d
Page 13
3G-3 Budget
Amendments/Transfer related to Public Improvement Revenue Refunding Bonds
(Biomedical Research Park project)
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 13
3H-1 Amendment
No. 1 with Sunco Construction Services, LLC for annual residential contract
Page 14
3H-2 Grant Agreement with City of West Palm Beach
regarding Pleasant City Multi-Cultural Center Façade Enhancement project
3H-3 Contract
with Carrick Contracting Corporation for construction of Fire Rescue Station
No. 56
3H-4 First
Amendment with City of Palm Beach Gardens regarding 800 MHz radio system
3H-5 Option Agreement for Sale and Purchase with
Nancy Kindt Hernandez regarding 1.10 acres adjacent to DuBois Park
Page 15
3H-6 Use Agreement with Criminal Conflict and
Civil Regional Counsel – 4th Region for use of 6,209 sq. ft. in
Airport Center, Building 2
I. HOUSING & COMMUNITY DEVELOPMENT
Page 15
3I-1 Agreement
with The Salvation Army for transitional housing and supportive services
3I-2 Amendment
No. 1 with Farmworker Coordinating Council to extend Agreement end date
J. PLANNING, ZONING & BUILDING
Page 16
3J-1 Nomination
of Jamie Marcus to the MPO’s Technical Advisory Committee
K. WATER UTILITIES
Page 16
3K-1 Interlocal
Agreement with City of West Palm Beach regarding secondary treated
effluent/reclaimed water
3K-2 Contract
with Ric-Man International, Inc. regarding wastewater lift station rehab
project
Page 17
3K-3 Standard
Reclaimed Water Services Agreements
3K-4 Change
Order No. 4 with Poole & Kent for Lake Region Water Treatment Plant
3K-5 Non-standard
Utility Easement from the U.S. Postal Service to replace outdated lift station
Page 18
3K-6 Receive
& file three (3) standard development agreements and one (1) renewal
agreement
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 18
3L-1 Budget
Transfer/Amendment regarding $7.9M Sunshine Loan Debt Service Fund
Page 19
3L-2 Quitclaim
Deed from SFWMD regarding Sandhill Crane property
Page 20
3L-3 Interlocal
Agreement with City of West Palm Beach and SFWMD for construction of a bridge
over the Grassy Waters Preserve
Page 21
3L-4 Amendment
No. 1 with FDEP for emergency dune restoration
M. PARKS & RECREATION
Page 21
3M-1 Notice
of Limitation of Use/Site Dedication relative to Burt Reynolds Park
3M-2 Notice
of Limitation of Use/Site Dedication relative to Glades Pioneer Pool &
Splash Park
NOVEMBER 20, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS & RECREATION -
Cont’d
Page 22
3M-3 Termination of Lease and Sublease with Town
of Juno Beach and the Marinelife Center of Juno Beach regarding old residential
structure in Loggerhead Park
3M-4 Project Agreement Amendment with FIND
relative to DuBois Park project
3M-5 Agreement with City of Delray Beach for 2007
Roots Cultural Festival
3M-6 Interlocal Agreement with City of Boynton
Beach regarding Boat Club Park renovations
Page 23
3M-7 First Amendment with Youth Enrichment
Services for basketball summer camp scholarships
3M-8 Recreation Assistance Program allocation for
Veteran’s Park Veterans’ Day event
3M-9 Interlocal Agreement with Town of Lake Park
for Lake Shore Park playground
3M-10 Tri-Party Agreement with City of Delray Beach
and Delray Beach Historical Society, Inc. for Delray Beach Historical Society
Learning Center and archival storage facility
Page 24
3M-11 Agreement
with City of Pahokee for Pahokee Lake Island project
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION - None
R. HUMAN RESOURCES
Page 24
3R-1 2007-2008
Affirmative Action Plan
S. FIRE RESCUE
Page 24
3S-1 Side
Agreement to Articles 29 and 45 of the Collective Bargaining Agreement with
Professional Firefighters/Paramedics of Palm Beach County, Local 2988, IAFF,
Inc.
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES - None
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 25
3X-1 Independent
Contractor Agreement with Shayna Ginsburg for Post-Doctoral Internship
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN - None
BB. SHERIFF
Page 25
3BB-1 National Institute of Justice “Solving Cold
Cases with DNA Program” Grant
3BB-2 National Institute of Justice “Forensic DNA
Backlog Reduction Program” Grant
Page 26
3BB-3 Grant Adjustment Notice regarding Community
Oriented Policing Services Grant
CC. SUPERVISOR OF ELECTIONS
Page 26
3CC-1 Precinct boundary changes
NOVEMBER 20, 2007
TABLE OF CONTENTS
PUBLIC
HEARINGS - 9:30 A.M.
Page 27
4A Osprey
Oaks Community Development District Ordinance
4B Five-Year
Road Program Ordinance
Page 28
4C Glades
Regional Fire MSTU/Jupiter MSTU Ordinance
4D Fire
Rescue MSTU Ordinance to include Town of Lantana
Page 29
4E Variable
Rate Demand Revenue Bonds for The Jewish Federation of South Palm Beach County,
Inc. Project
4F Issuance
of a “Special Secondary Service” Certificate of Public Convenience and
Necessity with The Wackenhut Corporation
REGULAR AGENDA
ENGINEERING
& PUBLIC WORKS
Page 30
5A-1 JPA
with City of West Palm Beach regarding emergency span-wire traffic signal at
Northlake Blvd and Memorial Park Road
5A-2 Interlocal
Agreement with City of West Palm Beach for Imagining Howard Park/Stub Canal
Water Improvements
FIRE
RESCUE
Page 30
5B-1 Fire
Rescue MSTU Ordinance to include the Town of South Palm Beach
COUNTY ATTORNEY
Page 31
5C-1 Issuance
Housing Finance Authority Homeowner Revenue Bonds
5C-2 Equal
Employment Ordinance
5C-3 Equal
Opportunity to Housing and Places of Public Accommodation Ordinance
ENVIRONMENTAL
RESOURCES MANAGEMENT
Page 32
5D-1 Employee
Interchange Agreement with the U.S. Army Corps of Engineers to fund a COE staff
position dedicated to reviewing County permit applications
PUBLIC
SAFETY
Page 32
5E-1 Animal
Care & Control fees for animal sheltering and services and fines for
violations
PALM
TRAN
Page 33
5F-1 Amendment
No. 3 with Palm Beach Metro Transportation, LLC regarding paratransit services
BOARD
APPOINTMENTS (Page 34)
STAFF
COMMENTS (Page 35)
COMMISSIONER
COMMENTS (Page 36)
ADJOURNMENT (Page
36)
NOVEMBER 20, 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
Comprehensive
Plan July 23, 2007
Regular
September
11, 2007
Environmental
Control Board 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 September 2007. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to receive and file: a Report of plat recordations from July 1,
through September 30, 2007. SUMMARY: This is a quarterly summary of subdivision
plats recorded during the past fiscal quarter as required by the Department of
Engineering and Public Works Policies and Procedures Manual Item No. ED-0-11, governing
administrative approval of plats by the County Engineer. Countywide (MRE)
2. Staff recommends
motion to approve:
A) a Budget Transfer of $30,000 in the Transportation Improvement Fund from
Reserve for District 2 to Cabana Colony Local Drainage; and
B) a Budget Transfer
of $30,000 in the Capital Outlay Fund from Cabana Colony Local Drainage to Keep
Palm Beach County Beautiful, Inc. (KPBCB) District 2.
SUMMARY: This item provides funding not-to-exceed
$30,000 for the second of four (4) annual allocations to KPBCB for Fiscal Year
2007 through Fiscal Year 2010 for a maximum total of $120,000. The efforts of
KPBCB serve a public purpose by promoting and facilitating public and community
area enhancement programs and by promoting, facilitating, and reviewing
beautification grants for the purpose of enhancing thoroughfare roadways
throughout Palm Beach County. Countywide (MRE)
NOVEMBER 20, 2007
3. CONSENT AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff recommends
motion to approve:
A) a Budget Transfer of $33,000 in the County Transportation Trust Fund from Contingency Reserves to Transfers –
Transfer to General Fund; and
B) a Budget Amendment of $33,000 in the General Fund to recognize the
transfer from the County Transportation Trust Fund and appropriate it to Land Development Division – ISS
Professional Charges.
SUMMARY: This
Budget Transfer and Amendment will provide additional funding to continue the
E-Permitting project (Project) started in 2003 by Land Development through
ISS. E-Permitting is to supply an
on-line permitting process for ease of use by Developers and other parties in
issuance of right-of-way construction permits and drainage reviews. Countywide (MRE)
4. Staff recommends
motion to receive and file: a Notice for professional services
for the preparation of Corridor Master Plans for Boynton Beach Boulevard
from Lyons Road to Jog Road, Atlantic Avenue from Florida’s Turnpike to Jog
Road (Project). SUMMARY:
Filing of this Notice will allow for advertisement for
professional services necessary for the preparation of the Corridor Master
Plans for the Project. Districts 2, 5 & 6 (PFK)
5. Staff recommends
motion to approve:
A) Change Order No. 6 in the amount of
$156,435, together with a 35-day time extension to Contract No. R2007-0010 with
J.W. Cheatham, LLC for the construction of Greenview Shores Boulevard from
South Shore Boulevard to Wellington Trace; and
B) Budget Amendment of $156,435 in
the Road Impact Fee Fund - Zone 3 to recognize reimbursement from the Village
of Wellington.
SUMMARY: Change Order No. 6 is compensation for additional costs encountered due
to utility conflicts with the Village of Wellington (Village) utilities. The Village has agreed to fully reimburse
Palm Beach County $156,435 for Change Order No. 6. District
6 (MRE)
6. Staff recommends
motion to approve: a Budget Transfer of $68,000 in the
Transportation Improvement Fund from Reserve for District 4 to Pathway Program
FY 2003 – Coconut Plaza MUPD. SUMMARY: The District 4 Commissioner has
authorized $68,000 in funding to construct a six (6) foot concrete pathway on
the south side of Coconut Lane from Military Trail to Barwick Road. District 4 (MRE)
7. Staff recommends
motion to approve: a Budget
Transfer of $52,000 in the Transportation Improvement Fund from Reserve for
District 5 to Sun Valley East/Boynton Beach Boulevard Median – District 5. SUMMARY: The Budget Transfer of $52,000 will finance
the construction cost for decorative concrete medians on Boynton Beach
Boulevard at the entrance to Sun Valley East.
District 5 (MRE)
NOVEMBER 20, 2007
3. CONSENT AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
8. Staff
recommends motion to approve:
A) a Contract with Lanzo Construction Company, Florida, (Lanzo) the lowest,
responsive, responsible bidder, in the amount of $1,728,863.50, for the
construction of the Limestone Creek Area Phase IIB Wastewater System (Project);
B) a Budget Transfer of $324,636 in the Transportation Improvement Fund from
Cabana Colony/Local Drainage to Limestone Creek;
C) a Budget Transfer of $200,000 in the Transportation Improvement Fund
from Reserves for District 1 to Limestone Creek; and
D) a Budget Transfer of $100,000 in the Capital Outlay Fund from CCRT Recouped
Funding to Limestone Creek.
SUMMARY: The wastewater system consists primarily of the installation of gravity
sewer, a lift station and force main on several streets in the Limestone Creek
area. The Small Business Assistance goal for the Project is 15%. The Small Business Enterprise (SBE)
participation committed for the Project by Lanzo is 16.7% overall. Consequently, in accordance with the SBE
Program, Lanzo, having met the SBE goal, qualifies to be awarded the contract,
over the low bidder, Sheltra & Son Construction Company, Inc., who did not
meet the SBE requirement for the Project.
District 1 (MRE)
9. Staff recommends
motion to approve: a Release of
a Removal Agreement for a sign, as recorded in Official Record Book 2705, Page
331, Public Records of Palm Beach County, Florida. SUMMARY: This
action will authorize the release of a Removal Agreement for a sign located on
the southeast corner of the owner’s property which is at the intersection of
U.S. Highway No. 1 and Coconut Lane in Tequesta, Florida. District 1 (PFK)
D. COUNTY
ATTORNEY
1. Staff recommends
motion to receive and file: the
official transcript for the closing of the $7,335,000 Palm Beach County,
Florida, Variable Rate Revenue Bonds (Comprehensive Community Care Network,
Inc.), Series 2007 (the “Bonds”), as authorized by Resolution R2007-0351
adopted on February 27, 2007. SUMMARY:
The closing occurred May 24, 2007. The
official transcript for this transaction has been provided. This transcript should now be received and
filed in the Minutes Department. Countywide
(PFK)
2. Staff recommends motion to approve: execution of a Quitclaim Deed to JCL Management, LLC, a Florida Limited Liability Company, 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 approximately 300’ north of the northeast corner of Southern Boulevard and Benoist Farms Road in Palm Beach County, Florida. District 6 (PFK)
NOVEMBER 20, 2007
3. CONSENT AGENDA APPROVAL
D. COUNTY
ATTORNEY (Cont’d)
3. Staff recommends motion to approve: reimbursement of attorney’s fees and costs in the amount of $13,634.64, incurred by Commissioner Marcus in successfully defending charges filed against her before the Florida Commission on Ethics. SUMMARY: Charges were filed against Commissioner Marcus with the Florida Commission on Ethics alleging certain conflicts of interest. The Ethics Commission dismissed the charges on October 19, 2007. This motion is consistent with County Policy, PPM CW-F-057, which authorizes the County Administrator to request reimbursement on behalf of present and former County Officials who prevail in actions brought before the Florida Commission on Ethics, provided the matter was connected to an official County function and in furtherance of a public purpose. District 1 (LB)
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Contracts with the following financially
assisted agencies for the period October 1, 2007, through September 30, 2008,
totaling $1,606,286 for the services indicated:
A) Center for Family Services of Palm Beach
County, Inc. - $141,345 for Home Instruction Program for Preschool Youngsters;
B) 211
Palm Beach/Treasure Coast, Inc. - $264,941 for crisis and outreach services;
and
C) Mae Volen Senior Center, Inc. - $1,200,000
for services which include transportation, in‑home services, congregate
meals, home delivered meals, nutrition education, screening and assessment to
eligible seniors living south of Lantana Road.
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 (FAA) Program, and
subsequently adopted a budget for FY 2008 that included funds for other County
sponsored programs. The contracts being
recommended for approval reflect the funding amounts previously approved by the
Board. Additional contracts will be
forthcoming upon receipt of all required information. Countywide (TKF)
2. Staff recommends
motion to approve: Head Start Contracted Services Agreement with
Education Development Center, Inc., d/b/a My First Steps Preschool, for the
period of October 1, 2007, through September 30, 2008, in an amount of $487,382,
for services to Head Start children and families. SUMMARY: Education
Development Center, Inc. will provide services to 82 children for 249 days at a
rate of $29.755 per child/per day for three (3) year olds and $20.65 per child/per
day for four (4) year olds. There are not sufficient County facilities to
accommodate all 1,871 authorized slots for children three (3) and four (4)
years of age in the Head Start program.
Therefore, the County enters into contracted service agreements with child
care agencies to provide comprehensive Head Start services. Funding consists of $297,571 in
Federal funds, $74,393 in required match County funds and $115,418 in
overmatch. County funding is included in
the FY 2008 budget. (Head Start) Countywide (TKF)
NOVEMBER 20, 2007
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (Cont’d)
3. Staff recommends
motion to approve: a Budget Amendment of $2,000 in the DOSS –
Title III Older Americans Act Fund to recognize a donation from the National
Automobile Dealers Association. SUMMARY: The National Automobile Dealers Association
made a special private donation of $2,000 for the Meals on Wheels program. A budget amendment is needed to acknowledge
the funds. (DOSS) Countywide except
for portions of Districts 3, 4, 5 & 7 south of Hypoluxo Road (TKF)
4. Staff recommends
motion to approve: Amendment No. 002 to Standard Agreement No.
IA007-1 (R2007-0119) for the Older Americans Act (OAA) Program with the Area
Agency on Aging (AAA) of Palm Beach/Treasure Coast, Inc. for the period January
1, 2007, through December 31, 2007, increasing the agreement amount by $72,821
for a new total not-to-exceed amount of $2,049,563 for various supportive
services to seniors. SUMMARY: This Amendment will increase OAA IIIB In-Home
Services by $4,595; C2 Home Delivered Meals by $130,831; IIIE G1 Adult Day Care
by $1,528; and decrease C1 Congregate Meals by $64,133. In the area south of Hypoluxo Road, Mae Volen
Senior Center, Inc. currently provides OAA services under a similar grant from
the AAA. (DOSS) Countywide except for portions of
Districts 3, 4, 5 & 7 south of Hypoluxo Road (TKF)
5. Staff recommends
motion to approve: Amendment No. 001 to Standard Agreement No.
IU007-1-9500 (R2007-0129) for the Nutrition Services Incentive Program (NSIP) with
the Area Agency on Aging (AAA) of Palm Beach/Treasure Coast, Inc. for the
period October 1, 2006, through September 30, 2007, decreasing the reimbursement
unit rate and increasing the maximum reimbursement by $70,411 for a new total not-to-exceed amount
of $324,535 for various supportive services to seniors. SUMMARY: Additional funding has been granted under the NSIP
grant. This Amendment will decrease the reimbursement
unit rate from .6349487 to .6038628 for 116,601 units produced between August
1, 2007, through September 30, 2007; and increase the new maximum reimbursement
from $254,124 to $324,535. In the area
south of Hypoluxo Road, Mae Volen Senior Center, Inc. currently provides OAA
services under a similar grant from the AAA. (DOSS) Countywide
except for portions of Districts 3, 4, 5 & 7 south of Hypoluxo Road (TKF)
F. AIRPORTS
1. Staff recommends
motion to adopt: a Resolution authorizing the County
Administrator or his designee to execute a standard form license agreement for
the short-term use of properties managed by the Department of Airports, which
will become effective upon adoption. SUMMARY: The Department of Airports frequently
receives requests for the short-term use of airport properties, including
requests from the rental car concessionaires at the Palm Beach International
Airport for overflow parking during peak travel periods. Generally, these
requests are made with insufficient time to process an agenda item for Board
approval, which could result in lost revenues to the County. This Resolution
establishes a new standard form License Agreement, which will authorize the
County Administrator or his designee to grant a revocable license on behalf of
the Board for the short-term use of airport properties. Countywide (JMB)
NOVEMBER 20, 2007
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS (Cont’d)
2. Staff recommends
motion to approve: an Easement
Exchange Agreement with GAM Realty, LLC, a Florida limited liability company,
in the amount of $14,500. SUMMARY: The Department of Airports manages certain
property near the Palm Beach International Airport on behalf of the County that
requires drainage into the C-51 canal.
GAM Realty, LLC, has agreed to provide the County with a drainage
easement over its property and to construct the necessary drainage facilities
in exchange for the sum of $14,500 and an ingress/egress, drainage and utility easement
over a portion of property owned by the County adjacent to East Grace Drive,
which will provide GAM Realty better access to its property. Countywide (JMB)
3. Staff recommends
motion to approve: Amendment No. 2 to the General Consulting
Agreement with The LPA Group, Inc. for Consulting/Professional Services in the
amount of $1,865,857 for the continued performance of professional planning and
design services related to the approved Palm Beach County Airports Capital
Improvement Program. SUMMARY: The Consulting Agreement (R2006-2418) with The
LPA Group, Inc., for general airport planning and design was approved on November
21, 2006 in the amount of $1,420,544 in order to carry out the approved Capital
Improvement Programs for the County’s Airports.
The agreement is for two (2) years with two (2) – one (1) year renewal
options. Amendment No. 1 was approved
for a net increase in the amount of $343,033.50. Approval of Amendment No. 2 in the amount of
$1,865,857 will provide funds to complete the following tasks and services: North
Palm Beach County General Aviation Airport Hangar Design, Lantana West Access
Road, PBI Parking Garage Rehab, PBI Maintenance Compound Additional Services,
PBI High Speed Exits, Lantana Helicopter Assessment, Department of Airports
Development of Primary Guiding Documents, North County Airport Facilities
Repairs, Annual Facilities Inspection Report, as well as Staff Extension and
Miscellaneous Planning, Engineering and Construction Services. Certain tasks performed during the term of
this Amendment will be eligible for State and Federal grant participation. The proposed fee was verified in accordance
with FAA Advisory Circular 150/5100-14C by use of an Independent Fee Analysis
conducted by a neutral third party firm (CH2M Hill, Inc.) for those tasks that
are eligible for grant funding. The Disadvantaged
Business Enterprise (DBE) participation for this Amendment is 13.32%. The total DBE contract goal including all
amendments is 21.72%. Countywide (JCM)
NOVEMBER 20, 2007
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS (Cont’d)
4. Staff recommends
motion to receive and file: six (6) original Agreements for the
Department of Airports:
A) North County General Aviation Airport Hangar Lease Agreement
with Icarus Ventures, Inc., Unit 5, Building 11730, effective October 2, 2007;
B) North County General Aviation Airport Hangar Lease Agreement
with Jerry Peterson and Walter Korbiak, Unit 13, Building 11730, effective October
18, 2007;
C) Agreement to Terminate
Hangar Lease Agreement with Joseph Ski and Paul Vota, Unit 9, Building 11240,
terminating R2003-1443 on October 31,
2007;
D) First Amendment to Hangar Lease Agreement with Robert Thomas
Valdivia (R2007-0637), effective October 18, 2007;
E) First Amendment to
Airline-Airport Use and Lease Agreement with Delta Air Lines, Inc. amending
R2007-0386, effective September 18, 2007; and
F) Non-Concessionaire Rental
Car Airport Permit with National Car Rentals of Palm Beach, Inc. d/b/a Datura
Auto Rental, effective October 9, 2007.
SUMMARY: Delegation of
authority for execution of the standard County agreements above was approved by
the BCC in R2003-1047, R2004-1367, R2005-0451 and R2006-1906. Countywide (AH)
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to select: Merrill Lynch
as Senior Manager and Wachovia Securities, Raymond James, Jackson Securities
and Citigroup as co-managers for the estimated $170 Million Public Improvement
Revenue Bonds, Series 2008 for the jail expansion and other government
facilities. Summary: On
September 11, 2007, the Board adopted a Resolution authorizing the issuance of
a Public Improvement Revenue Bond Anticipation Note (BAN), Series 2007 in the
principal amount not to exceed $20,100,000 for funding the costs of the
projects prior to the expected issuance of the Bonds in February 2008. Bond counsel and disclosure counsel were
previously appointed to provide services for the BAN. Over the next three months, staff will be
preparing documents related to the bond issue and recommends that the Board
appoint the underwriting team at this time.
The above firms are next on the Senior Manager Underwriter Rotation
List. Countywide (PFK)
2. Staff recommends
motion to approve: Nabors, Giblin
& Nickerson as bond counsel for the not-to-exceed $35.1 Million Public
Improvement Revenue Bonds, Series 2008 for the acquisition and development of
law enforcement information technology equipment and software and cost of
issuance. Summary: The
County included the annual debt service for the above Bonds in the FY 2008
Sheriff’s budget. Because the bonds will
be amortized over seven (7) years, staff expects to request bids from banks for
fixed rate bonds. The County expects to
issue this debt in January 2008. Because
the successful bidder will use their counsel to evaluate the purchase of the
bonds, the County will not need to use disclosure counsel. The above firm is next on the County Bond
Counsel Rotation List. Countywide (PFK)
NOVEMBER 20, 2007
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
(Cont’d)
3. Staff recommends
motion to approve:
A) Budget Amendment of $2,630,691 in the $2.58M Revenue Refunding Bonds (Biomedical Research Park Project), Series 2007A Debt Service Fund to record refunding bond proceeds and transfer funds to the debt service funds for the payment of principal and interest on the 2006A Note and set up interest and cost of issuance on the Refunding Bonds;
B) Budget Amendment of $5,314,378 in the $5.18M Taxable Refunding Bonds (Biomedical Research Park Project), Series 2007B Debt Service Fund to record refunding bond proceeds and transfer funds to the debt service funds for the payment of principal and interest on the 2006A & 2006B notes and interest and cost of issuance on the Refunding Bonds;
C) Budget Amendment of $7,225,474 in the $6.9M Public Improvement Revenue Note (Biomedical Research Park Infrastructure Project), Series 2006A to record budget transfers from Series 2007 A and Series 2007B debt service funds for the payment of principal and interest on the 2006A Note;
D) Budget Amendment of $506,687 in the $479,766 Taxable Public Improvement Revenue Note (Biomedical Research Park Infrastructure Project), Series 2006B to record budget transfer from the Series 2007B debt service fund for the payment of principal and interest on the 2006B Note; and
E) Budget Transfer of $181,672 in the $105.5M Public Improvement Revenue Bonds (Biomedical Research Park Project), Series 2007 Debt Service Fund to transfer funds to the debt service funds for the payment of interest on the 2007A & B Refunding Bonds.
Summary: On Nov.
6, 2007, the Board authorized the negotiated sale of Public Improvement Revenue
Refunding Bonds (Biomedical Research Park Project), Series 2007A in the
aggregate principal amount of $2,582,648 and Taxable Public Improvement Revenue
Refunding Bonds (Biomedical Research Park Project), Series 2007B in the
aggregate principal amount of $5,180,949.
The Budget Amendments set up the sale of the Series 2007 A & B
Refunding Bonds and the payment of principal and interest on the 2006 A & B
Notes. The Budget Transfer sets up the
FY 2008 payment of interest on the Series 2007 A & B Refunding Bonds. Countywide (PFK)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: Amendment No. 1 to Contract with Sunco
Construction Services, LLC (R2006-2426) to implement the first renewal of an
annual Residential contract with a maximum value of $499,999.99. Summary: Amendment No. 1 is a renewal to the Annual
Contract–Residential which was awarded to Sunco Construction Services, LLC as
one (1) of seven (7) approved residential renovations contractors for
residential building contracting services on an “as-needed” basis for projects
typically under $25,000 each. The annual
Residential contract is an indefinite-quantity contract and this renewal has a
maximum value of $ 499,999.99. The
renewal term is twelve (12) months or until $499,999.99 in work orders are
issued. The cumulative value of active
work orders at any time will be limited to $200,000 per contractor. Staff is bringing forward the Amendment at
this time based on expiration of the term.
All terms of the original contract remain in effect. This is the first of four (4) extensions
allowed by the Contract. SBE goals for
the Residential contracts are 15%. Sunco’s participation for work orders issued
to date is 100%. Work orders issued to date
for all seven (7) annual contracts include a combined SBE participation of
81.2%. This is a bond-waiver contract.
(FD&O Admin) Countywide (JM)
NOVEMBER 20, 2007
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
2. Staff recommends
motion to approve: a Grant Agreement with the City of West Palm
Beach in the amount of $25,000 for the creation, fabrication and installation
of the Pleasant City Multi-Cultural Center Facade Enhancement project. Summary: The Public Art Committee issued a “Public
Art Improves Our Community” Request for Proposals to municipality/artist teams
to design, fabricate and install public art which complements public buildings,
parks and/or plazas; creates a sense of place; enhances community identity and
improves the design quality of public infrastructure in outdoor locations. Grants were available to municipalities, which
act as the fiscal agent, in partnership with artists. Municipalities were required to demonstrate a
one hundred percent (100%) cash match.
The Public Art Committee received and reviewed four (4) “Public Art
Improves Our Community” proposals. The
Committee selected the City of West Palm Beach, in partnership with artist
Robert Delgado, for the Pleasant City Multi-Cultural Center Facade Enhancement
Project. This is one (1) of two (2) municipal
projects the Committee selected. (FDO
Admin) Countywide/District 7 (JM)
3. Staff recommends
motion to approve: Contract with Carrick Contracting
Corporation, in the amount of $1,719,500 for the construction of Fire Station
No. 56. Summary: This Contract will provide for the
construction of a 5,475 sq. ft. fire station located at 6250 SW 18th
Street, Boca Raton. The SBE Goal for
this project is 15.0%. Carrick Contracting Corporation will provide 15.6%. The Contract time is 365 calendar days to
substantial completion. (Capital
Improvements Division) District 4
(JM)
4. Staff recommends
motion to approve: a First
Amendment to the Agreement (R2003-0275) with the City of Palm Beach Gardens
(City) allowing for interoperable communications through the countywide common
groups of the County’s 800 MHz radio system.
Summary: The Agreement with the City provides the terms
and conditions under which the City can program into its radios and utilize the
Countywide common talk groups for certain types of inter-agency communications
will expire on February 25, 2008. The
Agreement provides for three (3) - five (5) year renewals but renewals require
approval by both parties. Amendment No.
1 extends the term of the Agreement until February 25, 2013. The terms of the Agreement are standard and
have been offered to all municipalities and local branches of federal agencies
with 800MHz trunked radio capabilities.
There are no charges associated with this Amendment. The City is required to pay all costs
associated with subscriber units and to comply with the established operating
procedures for the system. The Agreement
may be terminated by either party with or without cause. (ESS) Countywide
(JM)
5. Staff recommends
motion to approve: an Option Agreement for Sale and Purchase with
Nancy Kindt Hernandez, as Trustee of the Susan D. Kindt Trust created under
Agreement dated September 26, 2003, and the Florida Communities Trust (FCT) to
acquire 1.10 acres adjacent to DuBois Park for $3.6 million. SUMMARY: This Agreement provides the County the option
to purchase 1.10 acres of waterfront property on DuBois Road adjacent to the
County’s DuBois Park. The property is
improved with a 1,493 square foot house with a detached garage, several wood
cottages, a former pineapple packing house, four (4) docks, and a boat ramp. It has 136.68 feet of water frontage on the
same basin in which the existing DuBois Park marina is located. In 2006, the Parks and Recreation Department
applied for and received a matching grant from Florida Communities Trust for
acquisition of this property. The
initial appraisal obtained by the County valued the property at $2.4
million. Two (2) appraisals obtained by
FCT valued the subject property at $3.1 million and $3.6 million. FCT handled the negotiations and agreed to a
$3.6 million purchase price. FCT will
fund $1.8 million of the purchase price and one-half of the due diligence and
closing costs. The balance will be
funded by the County out of the $50 Million Waterfront Bond Issue. (PREM) District
1 (HJF)
NOVEMBER 20, 2007
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
6. Staff recommends
motion to approve: Use Agreement
with the Criminal Conflict and Civil Regional Counsel - Fourth Region (Conflict
Counsel) that provides for the use and occupancy of 6,209 square feet in
Airport Center, Building 2. SUMMARY: During the 2007 legislative session, the
Office of Criminal Conflict and Civil Regional Counsel was created by
Statute. The Conflict Counsel was
established to provide legal services to criminal defendants whom the existing
public defenders cannot represent due to conflicts of interest and supervise
private, court-appointed attorneys in child dependency cases and other civil
actions. The Conflict Counsel will use
Airport Center Building 2 for office space. The County shall perform the
start-up tasks required to render the premises usable for Conflict Counsel’s
purposes prior to occupancy. The
Conflict Counsel shall fund the start-up costs in the amount of $5,759, as well
as the on-going security costs. In
addition, the Conflict Counsel shall pay the County up to thirty-nine (39)
percent of the funds remaining in Conflict Counsel’s budget to reimburse the
County for the fair market value of the space it occupies and County costs. A projection of the funds remaining in
Conflict Counsel’s budget and an estimate of the reimbursement amount shall be
transmitted to the County by June 1st annually.
The payment of the reimbursement amount shall be made by June 30th
annually. The initial term of the Use
Agreement extends until June 30, 2008, with an option to renew for three (3) -
one (1) year periods under the same terms and conditions. The County reserves the right to relocate
Conflict Counsel to a functionally equivalent space at any time during the
term. (FDO Admin) District 2 (JB)
I. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends motion to approve: an Agreement with The Salvation Army for $25,000 of FY 2007-2008 Emergency Shelter Grants Program (ESGP) funds, for the period October 1, 2007, to September 30, 2008 to provide transitional housing and supportive services to 275 individuals at The Salvation Army Center of Hope located at 1577 North Military Trail, West Palm Beach, FL 33409. 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. These 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. This Agreement utilizes Federal funds, and the required match will be met by the agency. No match from County General Fund is required. Countywide (TKF)
2. Staff recommends
motion to receive and file: Amendment No. 001 to Agreement
(R2006-2247) with Farmworker Coordinating Council of Palm Beach County, Inc. to
extend the Agreement from September 30, 2007, to December 31, 2007. SUMMARY: On February 27, 2001, the
Palm Beach County Board of County Commissioners, through R2001-0340, provided the
County Administrator the authority to execute standard amendments to
subrecipient agreements that allow time extensions for projects funded by The
Department of Housing and Community Development. Under this authority, the County
Administrator executed Amendment 001 to extend the expiration date of the
Agreement with Farmworker Coordinating Council of Palm Beach County, Inc. from
September 30, 2007, to December 31, 2007.
This extension was needed in order to allow unexpended funds allocated
to this Agreement be available to the agency to reimburse allowable services. Countywide (TKF)
NOVEMBER 20, 2007
3. CONSENT
AGENDA APPROVAL
J. PLANNING,
ZONING & BUILDING
1. Staff recommends
motion to nominate: Jamie
Marcus, Planner II, Planning Division, to the Metropolitan Planning
Organization Technical Advisory Committee (MPO-TAC) as an alternate. SUMMARY:
The position of Planning Division alternate to the MPO-TAC is
currently vacant. Mr. Jamie Marcus is a
Planning Division Planner II working with transportation-related issues and is
well qualified to represent the Division as an alternate at the MPO-TAC. Countywide (BB)
K. WATER UTILITIES
1. Staff
recommends motion to approve:
A)
an Interlocal Agreement with the
City of West Palm Beach for the allocation of secondary treated effluent from
the East Central Regional Water Reclamation Facility (ECRWRF) to the
East Central Regional Reclaimed Water Facility;
and
B) a non-standard Utility Easement from the City of
West Palm Beach to serve reclaimed water to Cypress Lakes.
SUMMARY: This Agreement allocates secondary effluent from the ECRWRF to the Central Region Reclaimed Water Facility. Secondary effluent will be transmitted through an existing pipeline from the ECRWRF to the Central Region Reclaimed Water Facility. The secondary treated effluent will be filtered and disinfected to reclaimed water standards at the Central Region Reclaimed Water Facility providing a drought resistant source of irrigation quality water with an average daily flow capacity of three (3) million gallons per day. The reclaimed water will be conveyed to Century Village, Cypress Lakes and future customers for irrigation. Secondary treated effluent will be allocated from PBCWUD’s flow-based share of wastewater treated at the ECRWRF. This Agreement is required to be executed prior to operation of the Central Region Reclaimed Water Facility. The utility easement is necessary for the construction and maintenance of a reclaimed water pipeline to serve the community of Cypress Lakes. The Water Utilities Department concurs with the Utility Easement Agreement provided by the City of West Palm Beach. There is no fiscal impact to the County for acquisition of this easement. (Project No. WUD 05-062) District 2 (MJ)
2. Staff recommends motion to approve: a Contract with Ric-Man International, Inc. to construct the Wastewater Lift Station Rehabilitation Project in the amount of $930,974.70. SUMMARY: On September 26, 2007, five (5) construction bids were received for the Wastewater Lift Station Rehabilitation Project, with Ric-Man International, Inc., being the low bidder in the amount of $930,974.70. This Contract provides for the rehabilitation of four (4) lift stations within the Department’s wastewater collection system. The Department staff recommends award of this contract to Ric-Man International, Inc. in the amount of $930,974.70. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15.00% overall. This Contract provides for 15.02% SBE participation. (WUD Project No. 06-164C) Districts 2 & 5 (JM)
NOVEMBER 20, 2007
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
3. Staff recommends motion to:
A) approve the
Standard Reclaimed Water Service Agreement – Direct Irrigation Systemhaving fp;
B) approve the
Standard Reclaimed Water Service Agreement - having payment iLake
Discharge Irrigation Systems;
C) authorize the
County Administrator or his designee to enter into both versions of the aagreements;
and
D) incorporate both agreements into Chapter 3 of the Department’s
Uniform Policies and Procedures Manualwith various homeowner’s
associations for emergency generator purchase, operation, and maintenance for
wastewater pump stations within residential communities.
SUMMARY: The recent expansion
of the Palm Beach County Water Utilities Department’s (Department) reclaimed
water system provides the opportunity for existing developments either to
connect their irrigation systems directly to the Department’s reclaimed water
mains or to install infrastructure to convey reclaimed water into a
development’s lakes for subsequent irrigation through the development’s
irrigation system. These agreements
provide for terms and conditions associated with either type of irrigation
using reclaimed water and ensure compliance with Florida Administrative Code
62-610 governing reuse of reclaimed water.
The Department recommends incorporating these agreements into Chapter 3
of its Uniform Policies and Procedures Manual (UPAP). These agreements will not be utilized for new
development. Any Reclaimed Water Service
Agreement requiring special conditions not specifically authorized in the UPAP
shall require approval by the Board of County Commissioners[mf1] . Districts 1, 2, 3, 5 & 6 (MJ)
4. Staff recommends
motion to approve: Change Order No. 4 to the Contract with Poole
& Kent Company of Florida, Inc. (R2005-1928) for the Lake Region Water
Treatment Plant (LRWTP) increasing the contract price by $251,402.38 and a
change to the contract time in calendar days of 30 days for substantial
completion and 50 days for final completion.
SUMMARY: On September 27, 2005, the Board approved a
contract with the Poole & Kent Company, Inc. in the amount of $19,727,000
for the construction of the LRWTP (R2005-1928). This Change Order
authorizes the Contractor to provide additional miscellaneous civil,
mechanical, electrical and related trade work required to complete this project
in a proper manner. Total change orders to date, excluding the
$7,549,033.78 sales tax recovery change order and this change order equals
$295,423. The Small Business Enterprise
(SBE) participation goal established by the SBE Ordinance is 15.9% overall. This Change Order includes 31.91% overall SBE
participation. The contract with Poole
& Kent Company of Florida provides for
SBE participation of 25.31% overall. (WUD Project No.
03-169) District 6 (JM)
5. Staff
recommends motion to accept:
a non-standard Utility Easement from the
United States Postal Service. SUMMARY: This utility easement is necessary for the construction and maintenance of a
new wastewater lift station which will replace an existing out-dated lift
station located on Summit Boulevard. The lift station currently serves the
United States Post Office and surrounding businesses. The Water Utilities Department concurs with
the Utility Easement Agreement provided by the United States Postal
Service. There is no cost to the County
for acquisition of this easement. District
2
(MJ)
NOVEMBER 20, 2007
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
6. Staff
recommends motion to receive and file: three (3) Standard Development Agreements and one (1) Standard
Development Renewal Agreement complete with executed documents received during
the months of September and October 2007:
Standard
Development Agreement
A) Bethesda Healthcare System, Inc. 05-01093-000
B) Ponte Vecchio Homeowners Association, Inc. 05-90018-000
C) The Centre II on 441, LLLP 13-01019-000
Standard
Development Renewal Agreement
D) Sutton Boca One Developers, Inc. 09-01032-R00
SUMMARY: The terms and conditions for Standard Development
Agreements are outlined in the Water Utilities Department’s Uniform Policies
and Procedures Manual. The Board of
County Commissioners delegated the authority to execute various types of
Standard Development Agreements to the Department Director including potable
water and wastewater agreements (R93-1619); reclaimed water agreements
(R96-0228); and additional conditions for potable water, wastewater, and
reclaimed water agreements (R2003-0539).
After these agreements are executed by the developer and the Department,
they must be recorded by the County Clerk’s Office. This agenda item recommends
the Board receive and file the agreements so they may be properly recorded. Countywide (SF)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff
recommends motion to approve:
A) Budget Transfer of
$465,000 within the Ag Reserve Land Management Fund from Reserves to the $7.9M
Sunshine Loan Debt Service Fund; and
B) Budget Amendment of
$465,000 in the $7.9M Sunshine Loan Debt Service Fund recognizing a transfer
from the Ag Reserve Land Management Fund and increasing the principal payment
appropriation by $465,000.
Summary: The
Budget Amendment of $465,000 will recognize the transfer of reserves
from the Ag Reserve Land Management Fund to contribute toward the cost of
paying off the $7.9M Sunshine Loan Debt Service Fund issued in FY 2006 to
purchase land for environmental preservation from RV Holding, Inc. within the
Cypress Creek Natural Area. Countywide (SF)
NOVEMBER 20, 2007
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends
motion to:
A) accept a Quitclaim
Deed from the South Florida Water Management District (District) for
approximately 1,485.27 acres, known as the Sandhill Crane property, as an
addition to the County’s Loxahatchee Slough Natural Area, and which reserves a
perpetual easement for the District’s C-18 canal right-of-way; and
B) approve the Consent and
Joinder which acknowledges the terms and conditions outlined in the Quitclaim
Deed.
Summary: On September 13, 2005, the BCC approved
(R2005-1771): (i) the acceptance of a donation from the District of
approximately 1,485.27 acres known as the Sandhill Crane property; and (ii) the granting of a Deed of Conservation
Easement to the District over approximately 12,363.43 acres consisting of the
Sandhill Crane property and other lands that were included in the County’s
Loxahatchee Slough Natural Area as of September 13, 2005, except for a five
hundred foot (500’) wide corridor reserved for the extension of PGA Boulevard. While preparing for closing, it became
apparent that the proposed conveyance by the District included the District’s
C-18 Canal right-of-way, with no means for the District to maintain the needed
right-of-way. Further discussions with
the District resulted in the Quitclaim Deed in which the District will reserve
an exclusive perpetual canal right-of-way easement for the 39.57-acre portion
of the Sandhill Crane property within the District’s C-18 canal right-of-way,
consisting of a 220’ strip within the entire north boundary of the Sandhill
Crane property and an additional 115’ x 110’ area at the northwest corner of
the Sandhill Crane property (the Easement Parcel). The Quitclaim Deed imposes
the restriction that the entire 1,485.27-acre Sandhill Crane property be used
for conservation purposes, and in the event that the County violates the
restriction, the District has the right to require the County to convey the
Easement Parcel back to the District.
The Deed of Conservation Easement approved and executed by the Board on
September 13, 2005 encompasses approximately 12,363.43 acres including the
entire 1,485.27 acre Sandhill Crane property, and will be delivered to the
District at closing to be recorded immediately following the Quitclaim Deed
from the District. A Conservation
Easement will be granted to the District over the five hundred foot (500’) wide
corridor previously reserved for the extension of PGA Boulevard once the
comprehensive plan amendments deleting the Scripps project at Mecca Farms have
been finalized. District 1 (JMB)
NOVEMBER 20, 2007
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL RESOURCES
MANAGEMENT (Cont’d)
3. Staff recommends motion to:
A) approve an
Interlocal Agreement with the City of West Palm Beach (City) and the South
Florida Water Management District (SFWMD) for construction of a bridge over the
Grassy Waters Preserve at Northlake Boulevard with project cost shares of up to
$1.6 million from the City; up to $800,000 from the SFWMD and up to $700,000
from the County;
B) approve State of Florida Agreement No. LP6840 with the Florida Department of Environmental Protection (FDEP) for a term ending December 31, 2010 to reimburse up to $1,500,000 for construction of a bridge over Grassy Waters Preserve at Northlake Boulevard;
C) approve Budget Amendment in the Capital Outlay Fund of $2,750,000 to recognize a $1,600,000 contribution from the City, an $800,000 contribution from SFWMD, and a $350,000 transfer from the Transportation Improvement Fund to the Loxahatchee Slough Bridge Project;
D) approve Budget Transfer of $350,000 in the Transportation Improvement Fund from Reserves – Road Program Sweeps to Transfer to the Capital Outlay Fund;
E) approve Budget Transfer in the Capital Outlay Fund of $350,000 from Environmental Restoration to the Loxahatchee Slough Bridge Project;
F) approve a Budget Amendment of $1,500,000 in the Capital Outlay Fund to recognize the revenue from the FDEP Agreement No. LP6840 in the Loxahatchee Slough Natural Area Project; and
G) authorize the County Administrator or his designee to sign all future time extensions, task assignments, certifications and other forms associated with the Agreements, and necessary minor amendments that do not change the scope of work or terms and conditions of the Agreement.
Summary: The Interlocal Agreement provides that the three parties will jointly fund, with the County as the lead construction entity, a bridge over Grassy Waters Preserve at Northlake Boulevard. The bridge will allow recreational access and hydrologic connectivity from Grassy Waters Preserve to the County-owned Loxahatchee Slough Natural Area. The FDEP Agreement will reimburse up to $1,500,000 and requires a $1,500,000 cost share match. This Agreement is part of the State Legislature’s disbursement of funds for restoring and protecting surface waters of the State. District 6 (SF)
NOVEMBER 20, 2007
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)
4. Staff recommends
motion to approve:
A) Amendment No. 1 to Grant Agreement No. 07PB2 (R2007-0988) with the Florida Department of Environmental Protection (FDEP) for additional cost-sharing in the amount of $345,255 for a total of up to $1,378,849 for the Sub-Tropical Storm Andrea Emergency Dune Restoration; and
B) Budget Amendment of $345,255 in the Beach Improvement Fund to recognize the Amendment revenue in the Emergency Beach Response Program.
Summary: On June 19, 2007, the Board approved FDEP
Grant Agreement No. 07PB2 (R2007-0988) for $1,033,594 in emergency beach
funding for Lantana, Singer Island and South Palm Beach. Amendment No. 1 provides additional FDEP funding of up to $345,255 for dune work
and associated sea turtle monitoring at Jupiter and extends the Agreement three
(3) months to February 28, 2008. The
County’s match for this Amendment is 50% of the non-federal project costs, or
$345,254, which is already budgeted in the program budget. Countywide (SF)
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: a
fully executed Notice of Limitation
of Use/Site Dedication. SUMMARY: On September 9, 2003, the Board authorized
submission of a Florida Recreation Development Assistance Program (FRDAP) grant
application (R2003-1371) to the State of Florida Department of Environmental
Protection (DEP) requesting $200,000 for Phase One development of Burt Reynolds
Park, and authorized the County Administrator or his designee to execute all
necessary forms and certifications of the agreement, if the grant was
approved. The FRDAP grant was approved
by DEP and required a Notice of Limitation of Use/Site Dedication be recorded
in the public records dedicating the site for a period of 25 years as an
outdoor recreation area for the use and benefit of the general public. The Notice of Limitation of Use/Site
Dedication was recorded in the public records on August 23, 2007. District
1 (AH)
2. Staff recommends
motion to receive and file: a
fully executed Notice of Limitation
of Use/Site Dedication. SUMMARY: On November 1, 2005, the Board authorized
submission of a Florida Recreation Development Assistance Program (FRDAP) grant
application (R2005-2180) to the State of Florida Department of Environmental
Protection (DEP) requesting $200,000 for Phase One Development of Glades
Pioneer Pool and Splash Park, and authorized the County Administrator or his
designee to execute all necessary forms and certifications of the agreement, if
the grant was approved. The FRDAP grant
was approved by DEP and required a Notice of Limitation of Use/Site Dedication
be recorded in public records, dedicating the site for a period of 25 years as
an outdoor recreation area for the use and benefit of the general public. The Notice of Limitation of Use/Site
Dedication was recorded in the public records on August 23, 2007. District
7 (AH)
NOVEMBER 20, 2007
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
3. Staff recommends
motion to receive and file: a
fully executed Termination of Lease and Sublease with the Town of Juno Beach,
Florida, and the Marinelife Center of Juno Beach. SUMMARY: The Marinelife Center of
Juno Beach had been operating out of an old residential structure the City of
Juno Beach leased from the County (R94-1744D), which the City subleased
to the Center in 1984. On August 19,
2003, the BCC approved a 30 year Lease Agreement (R2003‑1246) with
Marinelife Center of Juno Beach, Inc. for 1.28 acres in Loggerhead Park.
The Lease Agreement required termination
of the prior lease and sublease once the new building was complete. On April 16, 2007, the Marinelife Center of
Juno Beach opened its new 12,000 sq. ft. campus to the public and the former
lease premises were vacated. In the
future the Parks and Recreation Department may redevelop this area for expanded
beach access and parking, subject to budget constraints. District
1 (HF)
4. Staff recommends
motion to receive and file: fully executed Project Agreement Amendment to
Agreement (R2005-2426) for the Florida Inland Navigation District (FIND)
Waterway Assistance Program Grant PB-05-114 for DuBois Park Phase I Design,
extending the project completion date for one year, from September 1, 2007, to
September 1, 2008. SUMMARY: On December 20, 2005, the Board of County
Commissioners (BCC) approved a FIND Waterways Assistance Program grant Project
Agreement in the amount of $61,854 for design and permitting costs associated
with the DuBois Park Phase I project. The
County requested a one (1) year time extension in order to complete the Environmental
Resource Permit (ERP), final engineering designs, construction plans and
specifications for the project. The Director of the Parks and Recreation Department
executed the amendment on behalf of the BCC as authorized by the BCC on May 17, 2005. District
1 (AH)
5. Staff recommends
motion to approve: Agreement
with the City of Delray Beach for the period November 20, 2007, through
December 30, 2007, in an amount not-to-exceed $10,000 for the 2007 Roots
Cultural Festival. SUMMARY: This
funding is to help offset costs paid by the City of Delray Beach for the 2007
Roots Cultural Festival held at Pompey Park and Old School Square during the
months of July and August 2007. The events held during the Festival attracted
approximately 4,000 people. The Agreement allows for the reimbursement of
eligible project costs incurred subsequent to June 1, 2007. Funding is from the Recreation Assistance
Program (RAP) District 7 Funds. District
7 (AH)
6. Staff recommends
motion to approve:
A) Interlocal
Agreement with the City of
Boynton Beach for the period November 20, 2007, through November 19, 2010, in
an amount not-to-exceed $380,000 for funding of Boat Club Park Renovations;
B) Budget Transfer of $355,000 within the $25M
GO Parks and Cultural Improvements Bond Fund - 2003 from Reserves to Boynton
Beach Boat Club Park Renovations; and
C)
Budget Transfer of $25,000 within the $26.3M Park Improvement Revenue
Bond from Boynton Inlet Boat Ramp Park to Boynton Beach Boat Club Park
Renovations.
SUMMARY: This Agreement provides funding for improvements to Boynton Beach Boat
Club Park located on South Federal Highway in Boynton Beach. Funding is from the 1996 $25.3 Million Park
Improvement Revenue Bond issue, as amended ($25,000), and the 2002 $50 Million
Recreational and Cultural Facilities Bond referendum, as amended ($355,000) –
District 4. District 4 (PFK)
NOVEMBER 20, 2007
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION (Cont’d)
7. Staff recommends
motion to receive and file: First Amendment to Agreement (R2007-1355) with Youth Enrichment
Services, Inc. for basketball summer camp scholarships. SUMMARY:
This fully executed First Amendment to Agreement expands the project
time frame from June 28, 2007, through September 14, 2007, to June 4, 2007,
through September 14, 2007, in order to allow additional time to accommodate
dates of payments. The Amendment is in accordance with
Resolution R2005-1738 authorizing the delegation of authority for amending
RAP agreements to the County Administrator or his designee. All other terms of the Agreement remain the
same. Funding for the project is from
the Recreation Assistance Program (RAP) District 7 Funds. District 7 (AH)
8. Staff recommends
motion to approve: Recreation Assistance Program allocation to
the Parks and Recreation Department in an amount not-to-exceed $3,460 for the Veteran’s
Park Veterans' Day event.
SUMMARY: This allocation provides $3,460 to
fund the Veterans' Day event
held on November 12, 2007, at Veteran's
Park in Boca Raton. This event was held
in cooperation with the Veteran’s Coalition of South Florida for an expected
audience of 500 people. Funding
is from the Recreation Assistance Program (RAP) District 5 Funds. District
5 (AH)
9. Staff recommends
motion to approve:
A) Interlocal
Agreement with the Town of
Lake Park for the period November 20, 2007, through November 19, 2009, in an
amount not-to-exceed $142,170 for funding of the Lake Shore Park Playground;
and
B)
Budget Transfer of $142,170 within the $25M GO Parks and Cultural
Improvements Bond Fund - 2003 from Reserves to Lake Park/Lake Shore Park
Playground.
SUMMARY: This Agreement provides funding
for the development of a playground at Lake Shore Park located on Lake Shore
Drive in the Town of Lake Park. The
Agreement allows for the reimbursement of pre-Agreement expenses incurred
subsequent to April 16, 2007. Funding is
from the 2002 $50 Million Recreational and Cultural Facilities Bond referendum,
as amended - District 7. District 1 (PFK)
10. Staff recommends
motion to approve:
A)
Tri-Party Agreement with
the City of Delray Beach and Delray Beach Historical
Society, Inc. for the period November 20, 2007, through November 19, 2009,
in an amount not-to-exceed $200,000 for funding of the Delray Beach Historical
Society Learning Center and Archival Storage Facility; and
B) Budget Transfer of $200,000 within the $25M
GO Parks and Cultural Improvements Bond Fund - 2003 from Reserves to Delray
Beach Historical Society Learning Center and Archival Storage Facility.
SUMMARY: This Agreement provides funding
for moving and restoration of a historical home by Delray Beach Historical
Society (DBHS) to be relocated at Delray Beach’s Cason Cottage site and
renovated. The Agreement also provides
funding for the construction of an archival storage annex adjacent to the
historical home. The Agreement allows for the reimbursement of eligible
pre-Agreement expenses incurred subsequent to August 1, 2007. Funding is from the 2002 $50 Million Recreational
and Cultural Facilities Bond referendum, as amended – District 4. District
7 (PFK)
NOVEMBER 20, 2007
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
11. Staff recommends
motion to approve: Agreement
with the City of Pahokee for the period November 20, 2007, through June 1,
2008, in an amount not-to-exceed $50,000 for funding the Pahokee Lake Island
Project preliminary study. SUMMARY: This
funding is for a study initiated by the City of Pahokee to determine the most
efficient and effective manner to construct environmental barrier islands
within the city limits of Pahokee in Lake Okeechobee. The Agreement allows for the reimbursement of
expenses incurred subsequent to October 1, 2007. Funding is from the Park Improvement
Fund. District 6 (AH)
R. HUMAN
RESOURCES
1. Staff recommends
motion to approve: Palm Beach County’s 2007-2008 Affirmative
Action Plan, a voluntary effort to correct under-representation where it exists
in the Board of County Commissioners’ work force. There is no fiscal impact. SUMMARY:
Implementation of this year’s Plan focuses on methods and procedures
for achieving targeted work unit goals, enhancing special recruitment efforts,
and continuing to develop systems to correct under-representation. Minority representation for all job
categories for 2006-2007 was 31.6% which is 3.6% above the availability. Females represented 36.9% of the County’s
work force in 2006-2007 as compared to the availability of the labor force for
all occupations of 46.0%. Countywide (EC)
S. FIRE
RESCUE
1. Staff
recommends motion to:
A) approve and ratify a Side Agreement to Article 29 of the
Collective Bargaining Agreement, between Palm Beach County and Professional
Firefighters/Paramedics of Palm Beach County, Local No. 2928, IAFF, Inc.; and
B) approve and ratify a Side Agreement to Article 45 of the
Collective Bargaining Agreement, between Palm Beach County and Professional
Firefighters/Paramedics of Palm Beach County, Local No. 2928, IAFF, Inc.
Summary: Both parties are requesting two (2) Side Agreements to the current Collective Bargaining Agreement, October 1, 2005, through September 30, 2008 (R2005-1925). These Side Agreements address changes to: Article 29 - Holidays, amending Section 1 - Non-Twenty-Four (24) Hour Shift Employees, clarifying employees are given time off with pay on the day the holiday is observed by the County; and amending Section 3 - Communications Employees, to give all communications employees twelve (12) hours of holiday pay for the holiday or, at the employees option, twelve (12) hours of leave time; and Article 45 - Wellness, adding Section 9C - Fire Academy Instructors, to provide Palm Beach County Fire Rescue (PCBFR) employees who are hired by an approved vendor to provide high-risk instruction to PBCFR recruits, the same benefits under Article 45 as if those employees were working for the County when injured during instruction. Countywide (SB)
NOVEMBER 20, 2007
3. CONSENT
AGENDA APPROVAL
X. PUBLIC
SAFETY
1. Staff recommends
motion to receive and file: Independent Contractor Agreement with Shayna
Ginsburg for the period October 1, 2007, to September 30, 2008 for
Post-Doctoral Internship services to the residents of the Highridge Family
Center for an annual cost of $30,000. SUMMARY: This Agreement provides Shayna Ginsburg with
a location to perform her Post-doctoral Internship in advance of state
licensure. Services will be provided to
residents of the Highridge Family Center.
Agenda item 3X1 on November 21, 2006 (R2006-2526) authorized the County
Administrator or his designee to execute the agreement on behalf of the Board
of County Commissioners. District 7
(DW)
BB. SHERIFF
1. Staff recommends
motion to:
A) accept the National Institute of Justice (NIJ) “Solving Cold Cases with DNA Program” FY 2007 Grant in the amount of $176,235 for the period January 1, 2008 through June 30, 2009; and
B) approve a Budget Amendment
of $176,235 increasing the Sheriff’s Grant Fund.
SUMMARY: On
September 11, 2007, the Palm Beach County Sheriff’s Office (PBSO) received an
award for the Solving Cold Cases with DNA Program. The objective of this grant
is to combine the efforts of the PBSO Special Investigations Bureau, Crimes Against
Children/Sexual Assault Unit with the Violent Crimes Bureau in conjunction with
the experience of the Serology/DNA Section of the Crime Laboratory to solve
Cold Cases. These funds, which have been
approved by NIJ, will be used to pay overtime, consulting fees and for
the purchase of laboratory supplies. There is no match requirement associated
with this award. No additional positions
are needed and no County funds are required. Countywide (DW)
2. Staff recommends
motion to:
A) accept the National Institute of Justice (NIJ) Forensic DNA Backlog Reduction Program FY 2007 Grant in the amount of $200,831 for the period October 1, 2007, through September 30, 2008; and
B) approve a Budget Amendment
of $200,831 increasing the Sheriff’s Grant Fund.
SUMMARY: On August
29, 2007, the Palm Beach County Sheriff’s Office (PBSO) received an award for
the Forensic DNA Backlog Reduction Program.
The Forensic Biology Unit (FBU) of PBSO accepts casework evidence from
over twenty-nine (29) law enforcement agencies, including the Medical
Examiner’s Office. These funds and related equipment, which have been approved
by NIJ for purchase, will be used to convert the PBSO FBU DNA detection
platform from a flatbed to a capillary electrophoresis-based platform to
improve the flow of casework sample automation. There is no match
requirement associated with this award. No additional positions are needed and no County
funds are required. Countywide
(DW)
NOVEMBER 20, 2007
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF (Cont’d)
3. Staff recommends
motion to receive and file: Grant Adjustment Notice amending the U.S
Department of Justice Office of Community Oriented Policing Services (COPS)
Grant to extend the ending grant period from February 28, 2007 to February 29,
2008. SUMMARY: The Board of County
Commissioners (BCC) accepted this grant on November 16, 2004; the original
period for this grant was March 1, 2004, through February 28, 2007
(R2004-2399). This agenda item will
extend the grant period from February 28, 2007, through February 29,
2008. The Palm Beach County Sheriff’s Office (PBSO) has
been given an extension to allow the grant funds to be fully expended. The U.S. Department of Justice awarded these
funds to PBSO to help offset the cost associated with homeland security. No
additional positions are needed and no County funds are required. The total grant award was approved for
$975,000. Countywide (DW)
CC. SUPERVISOR
OF ELECTIONS
1. Staff recommends
motion to approve: Precinct
boundary changes submitted by Dr. Arthur Anderson, Supervisor of Elections, as
required by Section 101.001(1), Florida Statutes. SUMMARY: Precinct boundary changes as indicated. Countywide (LSJ)
* * * * * * * * * * * *
NOVEMBER 20, 2007
4. PUBLIC
HEARINGS - 9:30 A.M. (Motion to receive
and file: Proof of publication)
CONTINUED FROM OCTOBER 16, 2007
A. Staff recommends
motion to continue to January 15, 2008:
an Ordinance of the Board of County Commissioners of Palm Beach County,
Florida, establishing a community development district over real property
legally described on Exhibit “A” to this Ordinance comprising of approximately
86 acres; naming the initial members of the board of supervisors of the district;
establishing the name of the district as Osprey Oaks Community Development
District; designating the purpose of the district; designating the powers of
the district; providing for severability; providing for repeal of laws in
conflict; and providing for an effective date.
SUMMARY: The Board of County Commissioners (BCC) has
been petitioned to grant the establishment of the Osprey Oaks Community
Development District (CDD) to finance and construct services for a master
planned residential development district. After reviewing the petition, the
Planning Division has found the petition to be sufficient in that it is
consistent with the statutory requirements, has met the disclosure requirements
and is limited to onsite improvements.
However, staff is concerned (as explained in the staff report) with this
petition due to a potential financial burden (in addition to the Home Owners
Association (HOA) fees and the property taxes) on both the owners/renters of
the: (i) 37 required workforce housing units resulting from the operation and
maintenance fees ($504/year or $42/month) associated with the creation of the
CDD; and (ii) 171 single-family detached units resulting from the annual
assessment (operation and maintenance plus the debt service) fees (ranging from
$3168/year or $264/month to $4,879/year or $407/month) associated with the
creation of the CDD. The District is
located (within unincorporated County) on the west side of Jog Road and south
of Hypoluxo Road. The CDD is being
processed in conjunction with the Osprey Oaks Planned Unit Development (PUD)
that was approved by the BCC on May 25, 2006. The proposed District will provide potable
water, sanitary and sewer, storm water management systems and facilities, and
will operate and maintain the Storm Water Management System. The ownership and maintenance of potable water
and sanitary sewer system will be turned over to Palm Beach County upon
completion. District 3 (BB)
B. Staff recommends
motion to adopt: an Ordinance
amending Ordinance No. 85-40, as amended, establishing an amended Five-Year
Road Program; providing for title; purpose; adoption of revised Five-Year Road
Plan and revised list of projects contained in Exhibit “A”; implementation of
the plan; modification of plan; funding of other roadway improvements,
interpretation of exhibit; repeal of Laws in conflict; severability; inclusion
in the Code of Laws and Ordinances; and effective date. SUMMARY: This is the annual update of the County’s
Five-Year Road Plan, which is required to be considered each year by the Five-Year
Road Program Ordinance. On October 16,
2007, the Board approved this Ordinance on preliminary reading. Exhibit “A” to the Ordinance contains the
road projects to be undertaken by the County in the next five (5) years. Countywide (MRE)
NOVEMBER 20, 2007
4. PUBLIC
HEARINGS - 9:30 A.M. - CONTINUED
C. Staff recommends motion to adopt: 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. This Ordinance also restates provisions describing the Jupiter MSTU to provide a simplified description of the boundaries. Countywide (SB)
D. Staff recommends
motion to adopt: 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 20, 2007
4. PUBLIC
HEARINGS - 9:30 A.M. - CONTINUED
E. Staff recommends
motion to:
A) conduct
a TEFRA public hearing within the meaning of Section 147(f) of the Internal
Revenue Code of 1986, as amended (the “Code”) concerning the issuance by the
Colorado Educational and Cultural Facilities Authority (the “Authority”) of the
Authority’s tax-exempt Variable Rate Demand Revenue Bonds (The Jewish
Federation of South Palm Beach County, Inc. Project) Series A‑12,
(the “Bonds”), in an aggregate principal amount not to exceed $8,000,000; and
B) adopt
a Resolution approving the issuance of the Bonds and the financing of the
hereinafter defined project by the Authority.
SUMMARY: The Bonds are proposed to be issued by the
Authority for the purpose of: (i)
refinancing a previous bond issue by the Authority to the Jewish Federation of
South Palm Beach County, Inc. (the “Borrower”), of the Authority’s tax-exempt
Variable Rate Demand Revenue Bonds (The Jewish Federation of South Palm Beach
County, Inc. Project) Series A‑4 (the “Prior Bond Issue”); (ii)
payment of certain capitalized interest from the Prior Bond Issue; (iii)
loaning the remaining proceeds from the subject bond issuance to the Borrower
so that the Borrower will have the funds necessary to finance and refinance
certain capital improvements to the Borrower’s facilities located at 9901 Donna
Klein Boulevard, Boca Raton, Florida (the “Project”); and (iv) payment of
certain costs and expenses in connection with the issuance of the Bonds. The Bonds will be special obligations of the
Authority payable solely from the revenues of the Borrower. Neither the taxing power nor the faith and
credit of the County, nor any County funds shall be pledged to pay principal
or, redemption premiums, if any, or interest on the Bonds. District 5 (PFK)
F. Staff recommends
motion to approve: the issuance
of a “Special Secondary Service”
Certificate of Public Convenience and Necessity (COPCN) with The Wackenhut
Corporation (Wackenhut). The Certificate
is valid from December 1, 2007 to December 31, 2013. SUMMARY: Wackenhut
currently provides private security service to the gated community of Addison
Reserve. The residents of Addison Reserve wish to have Wackenhut provide ALS
first response, non-transport services as part of their security services. The County Emergency Medical Services Office,
Emergency Medical Services Advisory Council, and Palm Beach County Fire-Rescue have reviewed
the application and recommend approval
of a “Special Secondary Service Provider - Non-Transport” COPCN to be issued to
Wackenhut for operation restricted to the confines of the community of Addison
Reserve. They would operate under a “Memorandum of Understanding” with Palm
Beach County Fire Rescue, the primary ALS transport provider for the area. District 5 (DW)
* * * * * * * * * * * *
NOVEMBER
20, 2007
5. REGULAR
AGENDA
A. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve:
A) a Joint Project
Participation Agreement (JPA) with the City of West Palm Beach (City) for the
construction of an emergency span-wire traffic signal at the intersection of
Northlake Boulevard and Memorial Park Road;
B) a Budget Amendment of $85,000 in the Transportation Improvement Fund to
recognize the participation of the City in this project and appropriate it to
West Palm Beach Signal - Northlake Boulevard and Memorial Park Road; and
C) a Budget Transfer of $40,000 in the Transportation Improvement Fund from
Reserve for District 2 ($20,000) and Reserve for District 6 ($20,000) to West
Palm Beach Signal - Northlake Boulevard and Memorial Park Road to offset
$45,000 of the City of West Palm Beach’s participation per their Joint
Participation Agreement for $85,000.
SUMMARY: The City will reimburse Palm Beach County
(County) upon completion of the design and construction of an emergency span-wire
traffic signal on Northlake Boulevard, a County maintained road, at the
intersection of Memorial Park Road, a private roadway. The City has plans to build and operate a
fire station on the corner of the intersection.
District 2 (MRE)
2. Staff recommends
motion to approve:
A) a
Budget Transfer of $500,000 in the Transportation Improvement Fund from Reserve
for District 3 to Imagining Howard Park/Stub Canal Storm Water Improvement -
District 3; and
B) an
Interlocal Agreement to reimburse up to $500,000 to the City of West Palm Beach
(City) for Imagining Howard Park/Stub Canal Water Improvements.
SUMMARY: This
Agreement will supply reimbursement funds to the City of make storm water
improvements to the Stub Canal. District
3 (MRE)
B. FIRE
RESCUE
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 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 South Palm Beach; 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 currently provides fire rescue
services to Town of South Palm Beach (Town) through an Interlocal Agreement
with the Town (R2004-0363), at a rate established by the Agreement. 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 20, 2007
5. REGULAR
AGENDA
C. COUNTY ATTORNEY
1. Staff recommends
motion to adopt: a Resolution approving the issuance of not-to-exceed
$50,000,000 Housing Finance Authority of Palm Beach County, Florida, Homeowner
Revenue Bonds, Multiple Series (the “Bonds”) within the meaning of Section
147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), and
providing an effective date. SUMMARY: The Bonds are being issued by the Authority
to implement its Single Family Homeowner Revenue Bond Program (the
"Program"), which program is for the purpose of providing to
qualified mortgagors affordable mortgage financing for owner-occupied, single
family residential housing facilities within the Authority's area of operation,
which shall include the County and may include other counties in the State of
Florida. Neither the taxing power nor
the faith and credit of the County, nor any County funds, shall be pledged to
pay principal or redemption premiums, if any, or interest on the Bonds. Countywide
(PFK)
2. 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 Ordinance No. 95-31 as amended by Ordinance
No. 2002-066 and Ordinance No. 05-046, as codified in Sections 2-261 through
2-313 of the Palm Beach County Code, relating to equal employment; providing
for additional protected class; providing for definitions; providing for repeal
of laws in conflict; providing for severability; providing for inclusion in the
Code of Laws and Ordinances; and providing for an effective date. SUMMARY: This Ordinance will add gender identity or
expression as a protected class to the equal employment ordinance. Countywide (TKF)
3. 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 Ordinance No. 90-1 as amended by Ordinance No. 95-42 and Ordinance No.
96-23, as codified in Sections 15-36 through 15-64 of the Palm Beach County
Code, the “Palm Beach County ordinance for equal opportunity to housing and
places of public accommodation”; providing for definitions; providing for
additional protected class; providing for meetings of the Fair Housing Board;
providing for the repeal of laws in conflict; providing for severability;
providing for inclusion in the Code of Laws and Ordinances; and providing for an effective date. SUMMARY: This
Ordinance will add an additional protected class to the equal opportunity to
housing and places of public accommodation ordinance, correct references to
individuals with disabilities and provide for regular meetings of the Fair
Housing Board. Countywide (TKF)
NOVEMBER
20, 2007
5. REGULAR
AGENDA
D. ENVIRONMENTAL RESOURCES MANAGEMENT
1. Staff recommends
motion to approve:
A) Employee Interchange Agreement (EIA) with the U.S. Army Corps of Engineers (COE) in an amount not-to-exceed $377,000 to fund a COE staff position dedicated to reviewing County permit applications through September 30, 2009;
B) Budget Transfer of $150,800 in the Transportation Improvement Fund from Road Program Sweep Reserves to EIA with the COE of behalf of Engineering and Public Works Department; and
C) Waiver of advance payment prohibition cited in County Policy and Procedure Memorandum No. CW-F-049 for this Agreement.
Summary: Federal
regulations require that the COE review, approve and permit certain projects
constructed by County departments: Airports, Engineering & Public Works,
Environmental Resources Management, Facilities Development & Operations,
and Water Utilities. Permitting delays
caused by insufficient COE staffing negatively impact County operations,
schedules and construction costs. The
listed departments will jointly fund a senior level COE reviewer dedicated to
County projects to expedite the permitting process. The South Florida Water
Management District (District) and the Florida Department of Transportation
(FDOT) approved a similar agreement to fund permit review positions at the COE. The County is required to advance each year’s
estimated salary and travel cost.
Typically, an advance is not authorized by County contracts. However, staff is seeking a Board waiver of
this policy because these permitting services are deemed necessary for County
business, and the Agreement mitigates risk of loss by requiring periodic
reconciliations. The EIA may be renewed
annually. Countywide (SF)
E. PUBLIC SAFETY
1. Staff recommends
motion adopt: Resolution approving a revised schedule of
fees for animal sheltering and services and fines for violations of Palm Beach
County Animal Care and Control Ordinance 98-22, as amended, and repealing
Resolutions R98-1500 and R99-185. SUMMARY: A workshop was held on October 23, 2007 in
which the Division presented proposed fee revisions to the Board. The Board directed staff to return the
proposed fee schedule as an Agenda Item for approval. It
is anticipated these fee revisions would generate additional revenues of
$500,000 and help offset budget cuts to Animal Care.
Schedule I - Rabies/License
Tag Fees: The proposed fee structure
includes existing and increased fees for tags.
Tag fees provide recurring revenue for the Division of approximately
$1.5 million.
Schedule II – Service
Fees: These fees provide for
existing fees, increased fees and new fees related to programs and services
provided by Animal Care and Control.
Schedule III –
Citation Fines: By authority of
State Statute 828.27 and Ordinance 98-22, Animal Control Officers issue
citations to law offenders. Such persons
have the right to appear in court, at which time the judge determines guilt or
innocence. A fine of up to $500 may be
levied for a finding of guilt. Owners
also have the option of paying fines established by the Board of County
Commissioners. Countywide (SF)
NOVEMBER
20, 2007
5. REGULAR
AGENDA
F. PALM TRAN
1. Staff recommends
motion to approve: Amendment Number 3 to Palm Beach Metro
Transportation LLC’s contract (R2004-2447), which will reduce the overall
program service hours; allow the use of taxi vehicles; increase the billable
service hourly rate; eliminate the provider service areas; provide payment
adjustment for reduction of service vehicles and modify several other
provisions of the Contract. SUMMARY:
The Board of County Commissioners approved the award of a seven (7)
year contract to Palm Beach Metro
Transportation LLC (PBMT), to provide paratransit services within Palm Beach
County on November 23, 2004 (R2004-2447).
As a result of several significant modifications in our paratransit
service program, such as the reduction in the service program hours; the
elimination of the provider service boundaries; the use of taxi vehicles in
lieu of paratransit vans; and Palm Tran’s desire to amend several areas within
the contract, Palm Tran entered into negotiations with PBMT to address the cost
impact(s) of these various changes. The
negotiations for the various changes resulted in an agreement to increase the
hourly rate paid to PBMT for the remainder of the contract. The employees of PBMT recently voted to
unionize and join the Amalgamated Transportation Union, who also represents
Palm Tran drivers and mechanics. This is
being contested by PBMT. The outcome of
this as it impacts our contract is unknown.
Once this issue is resolved, and if it might impact on our contract with
PBMT, staff will seek further Board direction.
There will be a one (1) time payment to PBMT in the amount of $573,780
for the premature retirement of thirty-three (33) vehicles. The total impact of
these changes for the remainder of the contract will result in an overall
reduction in the total estimated contract value from $92,868,875 to $81,840,417
a reduction of $11,028,458. Countywide
(DR)
* * * * * * * * * * * *
NOVEMBER 20, 2007
6. BOARD
APPOINTMENTS
A. COMMUNITY
SERVICES
(Citizens Advisory Committee
on Health & Human Services)
1. Staff recommends
motion to approve: reappointment of
three (3) members to the Palm
Beach County Citizens Advisory Committee on Health and Human Services for the
terms indicated:
Seat No. Reappointment Category Term Nominated
by
Seat 3 Dr. Barbara Cox Gerlock Behavioral Health
11/20/07-9/30/10 Comm. Koons
Seat 6 Elizabeth Hernandez Cayson Planning
& Research 11/20/07-9/30/10 Comm. Koons
Seat 9 Sandra Chamblee Resident west of 20 11/20/07-9/30/10 Comm. Koons
Mile Bend, Physical
Health, Mental Health
Adult & Elderly Services
SUMMARY: The
Citizens Advisory Committee on Health and Human Services consists of eleven
(11) members with at least one (1) member being a resident west of the 20 Mile
Bend and at least one (1) member being a representative of the Palm Beach
County League of Cities. Founding
members were appointed for 1, 2 and 3 year terms with subsequent terms for
three (3) years. Resolution R2001-0913
requires the Executive Committee of the Citizens Advisory Committee to solicit
and recommend member nominations for transmittal to the Board of County
Commissioners. The Executive Committee
has recommended these reappointments.
The Board of County Commissioners was notified by memo dated September
5, 2007 and requested to provide nominations for appointment. Countywide (TKF)
B. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
NOVEMBER 20, 2007
7. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
NOVEMBER 20, 2007
8. 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
9. 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 20, 2007 – 9:30 a.m.
Final
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
NOVEMBER 20, 2007
PAGE ITEM
16 3K-1 REVISED TITLE: Staff recommends motion to approve: A) an Interlocal Agreement with the East Central
Regional Wastewater Treatment Facilities Operations Board City of West
Palm Beach for an the allocation of secondary treated
effluent from the East Central Regional Water Reclamation Facility (ECRWRF)
to the East Central Regional Reclaimed Water Facility; and..(WUD)
20 3L-3 DELETED: Staff
recommends motion to: A) approve an Interlocal Agreement with the City of West Palm Beach (City) and the
South Florida Water Management District (SFWMD) for construction of a bridge
over the Grassy Waters Preserve at Northlake Boulevard with project cost shares
of up to $1.6 million from the City; up to $800,000 from the SFWMD and up to
$700,000 from the County; …(ERM)
30 5A-1 REVISED
TITLE & SUMMARY: Staff
recommends motion to approve:
A) a Joint Project Participation
Agreement (JPA) with the City of West Palm Beach (City) for the construction of
an emergency span-wire traffic signal at the intersection of Northlake
Boulevard and Memorial Park Road, and landscape improvements near the
planned fire station and Carlton Oaks Subdivision on Northlake Boulevard;
B) a Budget Amendment
of $85,000 $45,000 in the Transportation Improvement Fund to
recognize the participation of the City in the signal project and
appropriate it to West Palm Beach Signal - Northlake Boulevard and Memorial
Park Road; and
C) a Budget Transfer of $40,000 $111,051 in the Transportation
Improvement Fund from Reserve for District 2 ($20,000), and
Reserve for District 6 ($20,000), and Reserve for District 1 ($71,051)
to West Palm Beach Signal-Northlake Boulevard and Memorial Park Road. to
offset $45,000 of the City of West Palm Beach’s participation per their Joint
Participation Agreement for $85,000.
SUMMARY: District 2 and District 6 Commissioners
have agreed to participate with $20,000 each towards the cost of the design and
construction of an emergency span-wire traffic signal on Northlake Boulevard,
at the intersection of Memorial Park Road.
The City will reimburse Palm Beach County (County) upon completion of
the design and construction of an emergency span-wire traffic signal on
Northlake Boulevard, a County maintained road, at the intersection of Memoral
Park Road, a private roadway. work for the remaining balance of the
actual cost of the design and construction of the signal. The City has plans to build and operate a
fire station on the corner of the intersection. The
District 1 Commissioner has agreed to participate with up to $71,051 towards
the cost of installing landscaping near the planned fire station and Carlton
Oaks Subdivision on Northlake Boulevard. Districts 1 &6 (MRE)
(Engineering)
30 5A-2* REVISED TITLE & SUMMARY: Staff recommends motion to approve:
A) a
Budget Transfer of $500,000 in the Transportation Improvement Fund from Reserve
for District 3 to Imagining Howard Park/Stub Canal Storm Water Improvement -
District 3; and
B) an
Interlocal Agreement to reimburse up to $500,000 to the City of West Palm Beach
(City) for Imagining Howard Park/Stub Canal Water Improvements.; and
C)
making the approval of the
above Budget Transfer and Interlocal Agreement contingent upon amendment of the
Interlocal Agreement with the City of West Palm Beach (R94-1859D), Section 7.4
to extend the date from 2010 to 2025 and Section 11 to extend the time from 20 years
to 31 years.
SUMMARY: This Agreement will supply reimbursement
funds to the City of West Palm Beach to make storm water improvements to
the Stub Canal. Districts 3 &
7 (MRE) (Engineering)
33 5G-1* ADD-ON, REVISED
TITLE & SUMMARY: Staff recommends motion to:
A) adopt a Resolution
approving the Seventh Amendment to the State Housing Initiative Partnership (SHIP) Program; Local
Housing Assistance Plan (LHAP) (R2004- 0741) for Fiscal Years 2004-2005,
2005-2006 and 2006-2007, utilizing interest earned and recaptured funds
received from the Commission on Affordable Housing’s Subsidy programs; and
B) approve revisions to the funding levels in the LHAP for
Fiscal Year 2004-2005 specifying an increase in funding from $2,926,015 to
$8,689,438 for the Purchase Assistance Program, a decrease in funding for the
Single Family Development strategy from $1,000,000 to $68,143; a decrease in
funding for the Housing Rehabilitation strategy from $400,000 to $181,007; a
decrease in funding for the Foreclosure Prevention strategy from $150,00 to
$146,841; a decrease in funding for the Water/Sewer/Impact Fee strategy from
$300,000 to $66,183; a decrease in funding for the Replacement Housing strategy
from $100,000 to $50,000; a decrease in funding for the Special Needs/Barrier
Free Home Ownership strategy from $320,000 to $0; a decrease in funding for the
Multi-Family Competitive Rental strategy from $2,000,000 to $800,000; decrease in funding for the Special
Needs/Barrier Free Rental strategy from $100,000 to $0; a decrease in funding
for the Single Family Development Rental strategy from $1,000,000 to $0; and a
decrease in funding for Administrative Fees from $665,882 to $658,623.
B)
approve a Budget
Transfer of $1,948,338 from the reserve for Affordable Housing to increase the
Purchase Assistance and Multi-Family programs;
C) approve an increase in funding from $4,742,637 to
$6,440,975 for the Purchase Assistance Program in the LHAP for Fiscal Year
2004-2005; and
D) approve an increase in funding from $4,470,067 to
$4,720,067 for the Multi-Family Program in the LHAP for the Fiscal Year
2006-2007.
SUMMARY: In order to meet the demand for increased assistance,
the Commission on Affordable Housing made the appropriate revisions to the LHAP,
modifying its programs, funding levels and assistance levels accordingly. This
budget revision transfer will increase the 2004–2005 Purchase
Assistance strategy by $5,763,432 $1,698,338 and the Fiscal Year
2006–2007 Multi-Family strategy by $250,000. State
SHIP funds require no local match. Countywide (TKF) (HCD)
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 (*).
[mf1]08/02/07 - Removed "In addition, the Department has made minor changes to the original version of the agreement and is requesting board approval of that standard form agreement as well.", but will return the language if changes to the Standard Reclaimed Water Development Agreement is ready for submittal to the BCC with this item.