ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
SEPTEMBER 9, 2008
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 10 - 60)
4. SPECIAL
PRESENTATIONS - 9:30 A.M.
(Page 61)
5. PUBLIC HEARINGS - 9:30
A.M. (Pages 62 - 64)
6. REGULAR
AGENDA (Pages 65 - 72)
TIME CERTAIN 11:30 A.M. (Excess Fees/$1.90 Court Technology Revenue
Presentation) (Page 66)
TIME
CERTAIN 2:30 P.M. (Inland Intermodal Logistic Facility Presentation)(Page
65)
7. BOARD
APPOINTMENTS (Pages 73 - 77)
8. MATTERS BY THE PUBLIC –
2:00 P.M. (Page 78)
9. STAFF
COMMENTS (Page 79)
10. COMMISSIONER
COMMENTS (Page 80)
11. ADJOURNMENT (Page 80)
* * * * * * * * * * *
SEPTEMBER 9, 2008
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 10
3A-1 Resolution
supporting preservation and promotion of working waterfronts
3A-2 Agreement
with Sheriff’s Office for “Putting Kids First” Program
3A-3 Budget
transfers/amendments for street lighting projects
Page 11
3A-4 Amendment
No. 1 with LORE Alliance, inc. regarding Façade/Exterior Grant Program
3A-5 Receive
and file of various Resolutions from various entities
3A-6 First
Amendment with City of South Bay to allow County to pay vendors directly for
project
3A-7 Agreement
with Westgate/Belvedere Homes CRA for land acquisition
3A-8 First
Amendment with Belle Glade Housing Authority to change contract expiration date
Page 12
3A-9 First
Amendment with Housing Partnership to purchase desktop computers
B. CLERK & COMPTROLLER
Page 12
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claim settlements list
3B-4 Change
orders, work task orders, minor contracts and final payments for June 2008
3B-5 Change
orders, work task orders, minor contracts and final payments for July 2008
Page 13
3B-6 Sale
of all common stock shares by County for U.S. Airways and Northwest Airlines
C. ENGINEERING & PUBLIC WORKS
Page 13
3C-1 Encroachment & Removal Agreement with
KRG/Atlantic Delray Beach, LLC regarding West Atlantic Avenue
3C-2 County
Deed transferring certain rights-of-way to Village of Palm Springs
3C-3 Resolution
transferring access control easement to FDOT (Beeline Hwy/Steeplechase Dr)
3C-4 Amendment
to annual open graded asphalt pavement contract with Florida Highway Products
Page 14
3C-5 Budget
Transfer for countdown pedestrian traffic signals at seven (7) locations
3C-6 Amendment
with Loxahatchee Groves Water Control District for water truck acquisition
3C-7 Budget
transfer/amendment regarding E-Permitting Project
3C-8 Amendment
No. 1 with Boca 54 North LLC regarding off-site roadway improvements
3C-9 Agreement
with Arcadis U.S., Inc. for traffic signal design services
Page 15
3C-10 Amendment to annual microsurfacing contract with Florida Highway
Products
3C-11 Rescind 2008 Local Participation Agreement (LAP) with FDOT/minor
changes to 2007 LAP
3C-12 Agreement with Tierra, Inc. for professional testing lab services
3C-13 Contract with Murray Logan, Inc. for boat ramp
improvements at two (2) County facilities
3C-14 Public Facilities Agreement with Old Marsh Golf Club, Inc. for three
(3) drainage outfalls
Page 16
3C-15 Deleted
3C-16 Joint Participation/Funding Agreement with City
of Riviera Beach for Haverhill Road utility construction
3C-17 Interlocal Agreement with Town of Mangonia Park for Boardman Ave.
street lights
3C-18 Deleted
3C-19 Subordination of Utility Interests from BellSouth-AT&T Florida
for land on west side of Jog Rd
3C-20 Amendment No. 1 with Florida Turnpike regarding SunNav Project
Page 17
3C-21 Change Order No. 1 with H&J Contracting for Royal Palm Estates
street improvements
3C-22 Contract with Southwide Industries, Inc. regarding annual pavement
marking contract
3C-23 Contract with Precision Contracting Services for signal interconnect
restoration
3C-24 Agreement with Ardaman & Associates for testing lab services
3C-25 Amendment with Lucerne Lakes Master Homeowners’
Association for improvements to LWDD right-of-way
SEPTEMBER 9, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
C. ENGINEERING & PUBLIC WORKS (Cont’d)
Page 18
3C-26 Acquisition of lots for water retention area for roadway
improvements in Cinquez Park
3C-27 Report of plat recordations from April 2008, to June 2008
D. COUNTY ATTORNEY
Page 18
3D-1 Settlement
in case of PBC v. Douglas Sykes, et. al
3D-2 Settlement
in eminent domain action PBC v. Abdul Maleque, et. al
Page 19
3D-3 Settlement
in eminent domain action PBC v. Diego A. Pena, et. al
3D-4 Payment
to St. Mary’s Medical Center for medical care to an indigent individual
3D-5 Quit-Claim
Deed to Jewish Community Facilities Corp. regarding Palm Beach Farms Plat 3
E. COMMUNITY SERVICES
Page 20
3E-1 Amendment
No. 2 with Area Agency on Aging for Community Care for the Elderly Program
3E-2 Amendment No. 1 with Area Agency on Aging
for Respite for Elders Living in Everyday Families Program
Page 21
3E-3 2009
Florida Dept. of Children and Families Homeless Challenge Grant application
3E-4 Use
of Facilities Agreement with Jewish Community Center for kosher congregate meal
site
3E-5 Amendment
No. 1 with Area Agency on Aging for Nutrition Services Incentive Program
Page 22
3E-6 Renewal
Letter for Cooperative Agreement with School Board regarding Head Start
services
3E-7 Resolution
delegating authority to sign FY 2009 HIV Emergency Relief Grant Application
3E-8 Agreement
with FPL for FPL Care to Share Program
3E-9 Amendment No. 1 with Area Agency on Aging
for Emergency Home Energy Assistance Program
Page 23
3E-10 Standard Agreement w/Area Agency on Aging for Elders Living in
Everyday Families Program
3E-11 Contract
with Comprehensive AIDS Program for services to HIV affected clients
3E-12 Two
(2) amendments to Ryan White contracts for health supportive services
Page 24
3E-13 Delegate Agency Agreement with The YWCA for
Head Start services
3E-14 Delegate Agency Agreement with Florence Fuller
for Head Start services
3E-15 Delegate Agency Agreement with Hispanic Human
Resources for Head Start services
3E-16 Contract with The Lord’s Place for support
services to homeless persons
Page 25
3E-17 Contract with The Center for Family Services
for emergency shelter services to homeless
F. AIRPORTS
Page 25
3F-1 Amendment
No. 11 with PBS&J, Inc. for general airport planning and design services
3F-2 Change
Order No. 7 with ThyssenKrupp Airport Systems regarding passenger loading
bridges
3F-3 Memorandum of Agreement with FAA for
FAA-owned navigation, communication and weather aid facilities
Page 26
3F-4 Amendment
No. 9 with CH2M Hill, Inc. for professional planning and design services
3F-5 Receive
and file six (6) original agreements for the Dept. of Airports
Page 27
3F-6 First Amendment to Retail Concession
Agreement with Paradies-Palm Beach for traveler concession services at PBIA
3F-7 ATM
Concession Agreement with Fifth Third Bank for ATMs at County airports
Page 28
3F-8 Agreement
to purchase property south of Runway 31 at PBIA
3F-9 Receive
and file five (5) agreements for the Department of Airports
SEPTEMBER 9, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 29
3G-1 Request
for 2008 tax roll to be extended
3G-2
Appointments of Senior Manager,
Co-Managers and Bond Counsel for Max Planck Biomedical Research Project Bonds
Page 30
3G-3 Budget Amendments regarding criminal justice
and public improvement facilities bonds
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 30
3H-1 CSA
No. 2 with Saltz Michelson Architects for architectural and engineering
services
Page 31
3H-2 Change
Order No. 4 with Suffolk Construction Company for Airport Center renovations
3H-3 Change
Order No. 26 with The Weitz Company for South County Regional Park Phase III
3H-4 Declaration
of Easement in favor of PBC Water Utilities RE: PBSO K-9 facility
Page 32
3H-5 Declaration
of Easement in favor of PBC Water Utilities RE: Fire Rescue Station No. 44
3H-6 Agreement
with Tallmar, Inc. for placement of communication equipment
Page 33
3H-7 Agreement
with Playa Del Mar Association for placement of communication equipment
3H-8 Contract
with Ocean Gate General Contractors for Jupiter Farms Park equestrian facility
3H-9 Change
Order No. 6 with Suffolk Construction Company for Airport Center renovations
Page 34
3H-10 CSA No. 4 with Slattery & Associates regarding Acreage Branch
Library
3H-11 Concessionaire Service Agreement renewal with
Kayak-King Watersports for water sports and recreational rental concession
Page 35
3H-12 First Amendment with New Cingular Wireless for communication tower
3H-13 Resolution conveying vacant parcel located north Summit Blvd.
Page 36
3H-14 First Amendment w/Florida Fish & Wildlife Commission regarding
800 MHz radio system
3H-15 Amendment No. 1 to Sublease and Fuel Provision Agreement with City
of West Palm Beach
I. HOUSING & COMMUNITY DEVELOPMENT
Page 36
3I-1 State
Housing Initiative Partnership Purchase Assistance Report
3I-2 Deleted
Page 37
3I-3 Receive
and file three (3) agreements under the 2005 Disaster Recover Initiative
Program
3I-4 Amendment
No. 1 with The Urban League for direct housing counseling services
3I-5 Amendment
No. 1 with City of Delray Beach regarding 2005 Disaster Recovery Initiative
funds
3I-6 Amendment
No. 1 with Northwest Riviera Beach Redevelopment Corp. to extend contract
Page 38
3I-7 Conditional Grant Agreement with Brook’s
Subdivision regarding State Housing Initiative Partnership Homeownership
Development Program funds
3I-8 Establishment
of maximum subsidy for housing purchase assistance
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 38
3K-1 Mutual
Release with Garney Companies regarding Northern Region Utility improvements
Page 39
3K-2 Partial Release of Utility Easement on land
owned by South Florida Federal Partners – West Palm Beach, LLC (Royal Palm
Business Plaza)
3K-3 Receive
and file one (1) Emergency Generator Purchase, etc. agreement
3K-4 Contract
with TLC Diversified regarding South Bay Master Lift Station No. 1
SEPTEMBER 9, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
K. WATER UTILITIES (Cont’d)
Page 40
3K-5 Partial Release of Utility Easement on land
owned by Golfview Shopping Plaza Associations, LLP (Golfview Shopping Plaza)
3K-6 Receive
and file two (2) standard development agreements and one (1) standard renewal
3K-7 Amendment
with City of West Palm Beach regarding reclaimed water services
Page 41
3K-8 Renewal
of contract for Disaster Recovery Design/Build Services with CH2M Hill, Inc.
3K-9 Receive
and file five (5) termination of standard development agreements for Water
Utilities
Page 42
3K-10 First Amendment to reclaimed water agreement with West Atlantic
Property Associates
3K-11 Receive and file one (1) standard development renewal agreement for
Water Utilities
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 42
3L-1 Budget
Transfer to Loxahatchee Slough pedestrian bridge
Page 43
3L-2 Deed
of Conservation Easement to SFWMD over the Pond Cypress natural area
3L-3 Grant Agreement with Metropolitan Planning
Organization regarding water taxi docking facility at Snook Islands’ natural
area
Page 44
3L-4 Deleted
3L-5 Resolution
authorizing Clerk to disburse Vessel Registration Fee Trust Fund
3L-6 Grant Agreement with FL Dept. of Environmental
Protection for cost-sharing on the Jupiter/Carlin Shore Protection project
Page 45
3L-7 Resolution regarding the Artificial Reef
& Estuarine Enhancement Committee
3L-8 Receive
and file Declaration of Restrictive Covenants and Grant Award Calculation
statement from Florida Communities Trust regarding Cypress Creek Natural Area
3L-9 Receive and file delegated construction
agreement for Peanut Island breakwater project
3L-10 Resolution FDEP review funding application for
shoreline projection projects
M. PARKS & RECREATION
Page 46
3M-1 Receive
and file School Board RAP for H.L. Johnson Elementary for After School Program
3M-2 Receive
and file School Board RAP for John I. Leonard High Boys’ Basketball Program
3M-3 Receive
and file School Board RAP for Atlantic High band uniforms
3M-4 Agreement
with The Center for Youth Activities for after school programs
3M-5 Agreement
w/Florida Atlantic University for communication/phone system for Pine Jog
Center
3M-6 Agreement
with T. Leroy Jefferson Medical Society for 8th Annual Community
Health Fair
Page 47
3M-7 Agreement with Riviera Beach Maritime Academy
for Lake Worth Lagoon Partnership Artificial Reef project
3M-8 Receive
and file five (5) independent contractor agreements
Page 48
3M-9 Grant
Agreement with Metropolitan Planning Organization for water taxi facility at
DuBois Park
3M-10 Agreement with The Salvation Army for after school programs
Page 49
3M-11 Receive and file School Board RAP for Sunset
Palms Elementary for murals, benches, free-time reading libraries and
community/after school reading and resource center furnishings
3M-12 Agreement with The Arthur R. Marshall, Jr.
Foundation and Florida Environmental Institute for Torry Island tree planting
project
3M-13 Agreement with City of Delray Beach for 2008 Glory Awards event
Page 50
3M-14 Receive and file School Board RAP for Woodlands Middle covered
pavilion project
3M-15 Agreement with Ladies Professional Golf Association for 2007 LPGA
Junior Golf clinics
3M-16 Receive and file two (2) independent contractor agreements for Parks
3M-17 Deleted
SEPTEMBER 9, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS & RECREATION (Cont’d)
Page 51
3M-18 Budget Transfers/Amendment for eight (8) District 5
recreational/cultural projects
3M-19 Budget Transfers/Amendment for five (5) District 7
recreational/cultural projects
N. LIBRARY
Page 52
3N-1 Application
to Florida Division of Library and Information Services for State aid to
libraries
P. COOPERATIVE EXTENSION SERVICE
Page 52
3P-1 Agreement
w/Palm Beach Soil & Water Conservation Dist. for soil/water conservation
services
Q. CRIMINAL JUSTICE COMMISSION
Page 52
3Q-1 First
Amendment with City of Belle Glade regarding Youth Violence Prevention project
Page 53
3Q-2 Contract
with South County Mental Health Center for crisis intervention team services
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 53
3S-1 Certify
non-ad valorem assessment rolls for fire hydrant maintenance and rental
3S-2 Second Amendment with City of West Palm
Beach for regional hazardous materials emergency response services
T. HEALTH DEPARTMENT
Page 54
3T-1 Resolution
adopting FY 2008/2009 budget for Air Pollution Control Program
U. INFORMATION SYSTEMS SERVICES
Page 54
3U-1 Amendment
No. 2 with CGI-AMS regarding Advantage System modules
3U-2 Software License and Professional Services
Agreement with U.S. Virgin Islands for development/use of a Business License
Web Application
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 55
3X-1 Receive and file Amendment No. 2 with
Children’s Healthcare Services for Highridge Family Center services
3X-2 Receive
and file standard agreement with Xavier Garcia for veterinary services
3X-3 Receive and file grant agreement with Child
& Family Connections regarding supervised visitation services
Y. PURCHASING - None
Z. RISK MANAGEMENT
Page 55
3Z-1 Receive and file Memorandum of Understanding
for Exchange of Protected Health Information with Health Care District
3Z-2 Agreement
with Clarke & Platt, P.A. for workers’ compensation litigation defense
services
SEPTEMBER 9, 2008
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
AA. PALM TRAN
Page 56
3AA-1 Florida Commission for the Transportation Disadvantaged Trip and
Equipment Grant
BB. MEDICAL EXAMINER’S OFFICE
Page 56
3BB-1 Contract with Wuesthoff Memorial Hospital for toxicology and
histology testing
CC. SHERIFF
Page 57
3CC-1 Grant Adjustment Notice regarding “Solving Cold Cases
with DNA Program”
3CC-2 Criminal Investigations and Forensic Science Program
Grant for Sur 13 Gang investigation
Page 58
3CC-3 Budget Transfer from Law Enforcement Trust Fund regarding
drug treatment/education, etc.
3CC-4 Grant Adjustment Notice regarding
“2007 Paul Coverdell National Forensic Sciences Improvement Grant”
Page 59
3CC-5 Memorandum of Agreement regarding FY 2006 Urban Area
Security Imitative
3CC-6 South Florida High Intensity Drug Trafficking Area Grant
“Operation Second Chance”
3CC-7 South Florida High Intensity Drug Trafficking Area Grant
“Operation Two Doors Down”
DD.
HOUSING FINANCE AUTHORITY
Page 60
3DD-1 Nomination of Robin B. Henderson as the HFA Chair
EE. TOURIST DEVELOPMENT
COUNCIL
Page 60
3EE-1 Budget Transfer/Amendment regarding Convention Center parking garage/tunnel
project
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 61
4A Presentation
of $135,610.84 for John Prince Park Memorial Park – Square Lake
Development & Restoration Project
4B Children’s Healthcare Day
4C Certificate of Appreciation to Chuck
McGinness
4D Palm Beach Partners Business Matchmaker
Conference & Expo Day
4E National Childhood Hunger Day
4F German-American Day
4G Oktoberfest 2008
4H American Business Woman’s Day
4I 2007 Animal Kindness Awards
4J Domestic Violence Awareness Month
4K Caribbean-American for Community
Involvement Day
4L Pulaski Day
PUBLIC HEARINGS - 9:30 A.M.
Page 62
5A Burglar
Alarm Ordinance
5B Transportation
Disadvantaged (TD) fare increase
5C Resolution
enacting historic designation for additional section of Old Indiantown Road
grade
Page 63
5D Resolution confirming special assessment
for El Paso, Yearling, Pinto and Rodeo Drives paving and drainage improvements
5E Roadside
Vendors Ordinance
Page 64
5F List
of surplus County-owned properties appropriate for affordable housing
SEPTEMBER 9, 2008
TABLE OF CONTENTS
REGULAR AGENDA
ADMINISTRATION
Page 65
6A-1 Inland Intermodal Logistic Facility
Presentation – TIME CERTAIN 2:30 P.M.
6A-2 Alternative
Energy Task Force Presentation
6A-3 Amendment
No. 17 to Contract with Robert Weisman, County Administrator
Page 66
6A-4 Resolution supporting Biotest
Pharmaceuticals Corporation for Florida’s Qualified Target Industry Tax Refund
Program
CLERK & COMPTROLLER
Page 66
6B-1 Excess Fees and $1.90
Court Technology Revenue Presentation – TIME CERTAIN 11:30 A.M.
ENGINEERING &
PUBLIC WORKS
Page 67
6C-1 Five Year Program Ordinance
6C-2 Concepts in the technical specification for
Red Light Violation Cameras and Citation system
ENVIRONMENTAL
RESOURCES MANAGEMENT
Page 67
6D-1 Management Plan for the Delaware Scrub
Natural area
Page 68
6D-2 Ordinance amending Unified Land Development
Code (Vegetation Preservation & Protection)
OFFICE OF
FINANCIAL MANAGEMENT & BUDGET
Page 69
6E-1 Resolution
authorizing a revolving line of credit
MEDICAL
EXAMINER’S OFFICE
Page 69
6F-1 Medical
Examiner Ordinance
PUBLIC
SAFETY
Page 70
6G-1 Resolution
regarding annual operating permit fee for non-consent towing companies
6G-2 Vehicle
for Hire Ordinance
FIRE
RESCUE
Page 71
6H-1 Interlocal
Agreement for fire vehicle maintenance with the City of West Palm Beach
CRIMINAL
JUSTICE COMMISSION
Page 71
6I-1 Renewal
of County probation services with Pride Integrated Services, Inc.
PALM
TRAN
Page 71
6J-1 Resolution
amending Palm Tran Services Board membership
PARKS
& RECREATION
Page 72
6K-1 Tri-Party Agreement with City of West Palm
Beach and Palm Beach Photographic Centre, Inc. for construction of the Palm
Beach Photographic Centre.
PUBLIC
AFFAIRS
Page 72
6L-1 Broadband Radio Service Decommission and
Relocation Agreement with T-Mobile USA, Inc. and Interlocal Agreement with
School Board regarding Channel 20 programming
SEPTEMBER 9, 2008
TABLE OF CONTENTS
BOARD
APPOINTMENTS (Pages 73 - 77)
MATTERS BY THE PUBLIC – 2:00 P.M. (Page 78)
STAFF
COMMENTS (Page 79)
COMMISSIONER
COMMENTS (Page 80)
ADJOURNMENT (Page 80)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends motion
to adopt: a Resolution supporting the preservation and promotion of
working waterfronts and public access to navigable waters of the State, and
specifically the passage of Amendment 6 on the ballot in the November 2008
election. SUMMARY: At the request of Commissioner Karen T.
Marcus, the Board directed staff to draft this Resolution. Countywide
(DW)
2. Staff recommends
motion to approve:
A) Agreement with Palm Beach County Sheriff’s
Office (PBSO) in an amount not to exceed $50,000 for Putting Kids First;
B) Budget Transfer
of $50,000 from the Capital Outlay Fund from CCRT to the Sheriff’s Grant Fund;
and
C) Budget Amendment
of $50,000 in the Sheriff’s Grant Fund to recognize and appropriate the
transfer from the Capital Outlay Fund.
SUMMARY: This Agreement provides for the County to
reimburse PBSO an amount not to exceed $50,000 for the costs of purchasing book
bags, school supplies, food, and other miscellaneous expenses associated with
the implementation of “Putting Kids First” Program. The above project was
reviewed and recommended for funding by the Countywide Community Revitalization
Team (CCRT) Committee and approved by the Board of County Commissioners (BCC)
on December 18, 2007. The individual
project funding agreement is now being submitted to the BCC for approval. The
budget transfer and amendment are needed to allocate funds to PBSO. Countywide (AH)
3. Staff recommends
motion to approve:
A)
Budget Transfer from the Capital Outlay Fund to 1) Cabana Colony/Lone Pine Road
Street Lighting Project account in the amount of $40,000 for the installation
of 20 cobra head street lights and 2) Royal Palm Estates Street Lighting
Project account in the amount of $36,000 for the installation of 18 cobra head
street lights;
B) Budget Transfer from the Capital Outlay
Fund to the CCRT Street Lighting Maintenance Fund for: 1) Cabana Colony/Lone
Pine Area Street Lighting Project in the amount of $40,000 for ten (10) years
of maintenance; and 2) Royal Palm Estates Lighting Project in the amount
$72,000 for 20 years of maintenance; and
C) Budget Amendments totaling $112,000 in the
CCRT Street Lighting Maintenance Fund to recognize and appropriate the
transfers from the Capital Outlay Fund of $40,000 for maintenance of the Cabana
Colony/Lone Pine Area Street Lighting Project and $72,000 for the Royal Palm
Estates Street Lighting Project.
SUMMARY: The street lighting projects being submitted
for approval were initiated by members of the Cabana Colony Residents League,
Inc. and the Royal Palm Estates Neighborhood Association. Based on review of
each application by the Office of Community Revitalization (OCR) staff as well
as Palm Beach County Sheriffs Office staff, it was determined that the
installation of these streetlights would help reduce area crime as well as
enhance pedestrian safety. The total amount of funding provided for these
projects is $188,000. Districts 1 & 6 (AH)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
4. Staff recommends motion to approve: Amendment No. 1 to Agreement R2007-0447 with the Lake Okeechobee Regional Economic (LORE) Alliance, Inc. to revise Exhibit A to the Agreement. SUMMARY: This Amendment will allow for small business/property owners to access funds less than $5,000 in the Façade/Exterior Grant Program administered by LORE. Funds for improvements will be 100% matched or better by the business/property owners. Countywide (DW)
5. Staff recommends motion to receive and file:
A) Resolution 76-08 of the Town of Jupiter, Florida related to the County and Lester Family’s proposal for development of the Briger Tract; urging the Treasure Coast Regional Planning Commission, Palm Beach County, Palm Beach Gardens, and the Lester Family to evaluate and address the impacts on surrounding commercial uses created by the proposed development;
B) Resolution 2008-2686 of the City of Belle Glade, Florida, urging the Solid Waste Authority to locate the proposed new landfill at its current western site rather than any alternative site; and
C) Resolution R-787-08 of the Miami-Dade County Board of County Commissioners, urging the Florida Legislature to equalize funding based on population to provide each region of Florida, including South Florida, its fair share of State funding.
6. Staff recommends
motion to approve: First
Amendment to the Interlocal Agreement with the City of South Bay (South Bay)
dated June 19, 2007 (R2007-0910). SUMMARY:
On June 19, 2007, the Board of County Commissioners (BCC)
approved an Agreement with South Bay in the amount not to exceed $400,000 for
street improvements. This First Amendment to the Agreement with South
Bay allows the County to make reimbursement payments directly to vendors hired
by South Bay to perform services in accordance with the agreement. The project
was originally approved by the Board of County Commissioners (BCC) on October
18, 2005, and is being funded through the Office of Community Revitalization/CCRT
allocation of $100,000 in Fiscal Year 2005-2006 and $300,000 in FY 2006-2007. District 6 (AH)
7. Staff recommends
motion to approve: Agreement
with the Westgate/Belvedere Homes Community Redevelopment Agency (CRA) in an
amount not to exceed $500,000 for land acquisition. SUMMARY: The Agreement provides for the County to
reimburse the CRA an amount not to exceed $500,000 to purchase land to develop
a central storm water retention pond to mitigate flooding in the North Westgate
Community. This project was reviewed and recommended for funding by the
Countywide Community Revitalization Team (CCRT) and originally approved by the
Board of County Commissioners (BCC) on December 16, 2003. The project is
being funded through the Office of Community Revitalization/CCRT allocation of
$100,000 in Fiscal Year 2003-2004 and $400,000 in FY 2007-2008. The
funding agreement is now being submitted to the BCC for approval. District 2 (AH)
8. Staff recommends motion to approve: First Amendment to the Agreement with Belle Glade Housing Authority to amend the contract by changing the contract expiration date from June 18, 2008, to December 18, 2008. SUMMARY: This First Amendment to the Agreement with Belle Glade Housing Authority (R2008-0136) retroactively amends the contract expiration date from June 18, 2008, to December 18, 2008 to allow Belle Glade Housing Authority to submit its final reimbursement request to the County. District 6 (AH)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
9. Staff recommends
motion to approve: First
Amendment to the Agreement (R2008-1255) with Housing Partnership, Inc. to
change the scope of work from the purchase of color printers to the purchase of
desktop computers. SUMMARY: The First Amendment to the Agreement
with Housing Partnership, Inc. (R2008-1255), changes the scope of work from
purchasing color printers and ink to purchasing desktop computers and
supplies. The Agreement provides for a Resident Education to Action
Program (REAP) Grant in an amount not to exceed $2,200 to Housing Partnership
Inc. for expenses associated with the purchase of color printers, ink and
supplies for the Community Comp Project. After further review, it was
determined that eligible project expenses included the purchase of desktop
computers and supplies, and not color printers and ink. This Amendment
reflects the items Housing Partnership, Inc. proposed in its grant application.
District 6 (AH)
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
Zoning April
24, 2008
Comprehensive
Plan April 28, 2008
Regular May
20, 2008
Regular June
17, 2008
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 June 2008. Countywide
5. 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 July 2008. Countywide
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER (Cont’d)
6. Staff recommends
motion to approve:
A) the sale of all common stock shares held by
the County arising from bankruptcy distributions of US Airways and Northwest
Airlines; and
B) the designation of the Clerk &
Comptroller, or her designee, as the Primary Authorized Person to act on behalf
of the County to handle the sales transaction with Computershare.
SUMMARY: US Airways
filed for bankruptcy protection on August 11, 2002, with outstanding payments
to the County’s Department of Airports in the amount of $154,975.66. Northwest
Airlines filed on September 14, 2005, owing $40,557.06. Under Chapter 11 of the United States
Bankruptcy Code, debtors are granted relief from paying outstanding debts at
the time of bankruptcy filing. Pursuant to the Plans of Reorganization from the
respective companies and as approved by the U.S. Bankruptcy Court, pro rata
shares of common stock were issued to general unsecured creditors. The County’s estimated stock value for US
Airways and Northwest Airlines is $24 and $658.68, respectively, before
transaction fees. Additional
distributions may be expected. All
Airport fees subsequent to the respective filing date have been paid on a
timely basis. Under the terms and
conditions of the County’s Airline-Airport Use and Lease Agreement, unpaid debt
is charged to all airline companies operating at Palm Beach International
Airport (PBIA) as a component of terminal rents and landing fees. Therefore, the Department has recovered the
value of the unpaid pre-petition debt through ongoing rates and charges. Countywide
(PM)
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: an
Encroachment and Removal Agreement (Agreement) with KRG/Atlantic Delray Beach,
LLC (KRG), to allow lessee owned improvements to remain in effect, until
removal date. SUMMARY: This
Agreement will allow the lessee to remain as a tenant until July 31, 2009, on
property owned by KRG that is to be deeded to Palm Beach County for West
Atlantic Avenue. District 5 (PK)
2. Staff recommends
motion to approve: a
County Deed transferring certain rights-of-way to the Village of Palm Springs
(Village). SUMMARY: A recent review by staff and the Village has
disclosed that certain rights-of-way, as shown on Exhibit “A” of the County
Deed, being Lark Road, a portion of Davis Road, and a portion of 2nd
Avenue North, are wholly within the Village limits. The Village has sent
a request for a County Deed for these roads. District 3 (MRE)
3. Staff recommends
motion to adopt: a
Resolution transferring a platted Access Control Easement (ACE) on the south
line of Tract A to the Florida Department of Transportation (FDOT). SUMMARY:
This action will adopt a Resolution giving FDOT control of an ACE abutting the
Beeline Highway at Steeplechase Drive. District
1 (PK)
4. Staff recommends
motion to approve: an Amendment to the Annual Open Graded
Asphalt Pavement Contract (R2007-0735) (Contract), dated May 15, 2007, with
Florida Highway Products, Inc., to extend the length of the Contract for one (1)
year to expire on September 30, 2009. SUMMARY: Approval of this
Amendment will extend the expiration date of the existing Contract from
September 30, 2008 to September 30, 2009.
There will be no increase in the maximum value of work orders issued
under the existing Contract which is $100,000.
Countywide (MRE)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
5. Staff recommends motion to approve: a Budget Transfer of $20,000 in the Transportation Improvement Fund from reserves for District 5 to fund countdown pedestrian traffic signals at seven (7) locations. SUMMARY: This action will initiate a Budget Transfer of $20,000 in the Transportation Improvement Fund from reserves for District 5. The funds will be used to purchase and install countdown pedestrian traffic signals at seven (7) locations. District 5 (MRE)
6. Staff recommends motion to approve: an Amendment to the Interlocal Agreement (R2006-1236) with Loxahatchee Groves Water Control District (LGWCD) for the acquisition of a water truck, extending the completion deadline from September 30, 2008, to January 30, 2009. SUMMARY: On July 11, 2006, LGWCD and Palm Beach County entered into an Interlocal Agreement to provide reimbursement funds in an amount not to exceed $60,000 for the acquisition of a water truck. LGWCD desires that the Agreement continue without interruption or lapse and its term extended to January 30, 2009. District 6 (MRE)
7. Staff recommends
motion to approve:
A) a Budget Transfer of $65,000 in the County Transportation Trust
Fund from Contingency Reserves to General Fund; and
B) a Budget Amendment of $65,000 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 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)
8. Staff recommends motion to approve: Amendment No.1 to the Agreement with Boca 54 North LLC, extending the termination date from August 1, 2008, to February 1, 2009 for the State of Florida Office of Tourism, Trade, and Economic Development (OTTED) funded off-site roadway improvements associated with the new Office Depot Headquarters. SUMMARY: This Amendment will allow additional time for Boca 54 North LLC to complete off-site roadway improvements required for the Office Depot Headquarters and additional time for Boca 54 North LLC and Palm Beach County to process reimbursement for the improvements. The funds will be reimbursed to the County by a grant for Economic Development Transportation Funds (EDFT). District 4 (MRE)
9. Staff recommends motion to approve: an Agreement with Arcadis U.S., Inc. to provide the necessary professional services for traffic signal design on a task order basis, for countywide projects, as required. SUMMARY: This Agreement will provide the necessary professional services for traffic signal design throughout Palm Beach County (County) for all user departments. At the option of the County, this Agreement can be renewed annually for a period of one (1) year, with a maximum of two (2) renewals. Countywide (PK)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
10. Staff recommends motion to approve: an Amendment to the Annual Microsurfacing Contract (R2007-0734) (Contract), dated May 15, 2007, with Florida Highway Products, Inc., to extend the contract to September 30, 2009. SUMMARY: Approval of this Amendment will extend the expiration date of the existing Contract to September 30, 2009. There will be no increase in the maximum value of work orders issued under the existing Contract which is $50,000. Countywide (MRE)
11. Staff recommends
motion to:
A) rescind
the Board of County Commissioners’ (Board) approval of a Local Agency Participation Agreement with the
Florida Department of Transportation (FDOT) (R2008-1231) (Replacement LAP) that
was substituted for the first agreement with FDOT for the repair of damaged
traffic signal interconnect cable (R2007-1251) (Original LAP – August 21, 2007);
and
B) approve and authorize the Chairperson to initial minor changes
made by FDOT to the Original LAP (R2007-1251) that provides for repair to
signal interconnect cable damage from Hurricane Wilma.
SUMMARY: The FDOT has determined that in order to process the funding associated
with this matter, the Board needs to initial changes the Original LAP rather
than create a Replacement Agreement. To
facilitate and clarify the actions taken by the Board on July 22, 2008, the Minutes
Department has requested that the action today reflects that the Board rescinded
its approval of the Replacement LAP; and that staff recommends that the Board
approve changes to the Original LAP and authorize the Chairperson to initial
the changes. Countywide (MRE)
12. Staff recommends
motion to approve: an Agreement
with Tierra, Inc. to provide the necessary professional testing lab services on
a task order basis, for countywide projects, as required. SUMMARY: This Agreement will provide the necessary
professional testing lab services throughout Palm Beach County (County) for all
user departments. At the option of the
County, this Agreement can be renewed annually for a period of one (1) year,
with a maximum of two (2) renewals. Countywide (PK)
13. Staff recommends motion to receive and file: a Contract not to exceed the total value of $89,450 for Phil Foster boat ramp maintenance dredging and stub canal boat ramp improvements, Project No. 2008059 (Contract), with Murray Logan, Inc. (Contractor). SUMMARY: The Contract will make possible maintenance dredging and reconstruction of two (2) Palm Beach County boat ramp facilities. Work shall be performed in accordance with the Annual General Contracting Services Agreement between Northern Palm Beach County Improvement District (NPBCID) and the Contractor which has been incorporated by reference. The Contract period is one hundred twenty (120) days from the date of Notice to Proceed. Districts 1 & 2 (MRE)
14. Staff recommends motion to approve: a Public Facilities Agreement (Agreement) with Old Marsh Golf Club, Inc. (Old Marsh) to construct three (3) drainage outfalls necessary for construction of the Jog Road/Donald Ross Road from Hood Road to 64th Drive North roadway construction project (Project). SUMMARY: Approval of this action will authorize Old Marsh to construct three (3) drainage outfalls through its property, which are necessary for construction of the Project. Old Marsh will be reimbursed for their costs and expenses up to a not to exceed amount of $95,000. District 1 (MRE)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
15. DELETED
16. Staff recommends
motion to approve:
A) a Joint Participation and Project Funding Agreement in the amount of $419,746.82 with the City of Riviera Beach Utility Special District (District) for utility construction on Haverhill Road from 45th Street to north of Northern Palm Beach County Improvement District EPB-10 Canal roadway improvements (Project); and
B) a Budget Amendment of $119,828 in the Road Impact Fund Zone 2 to recognize reimbursement funding from the District and appropriate it to the Project.
SUMMARY: As part of the Project, Palm Beach County (County) and the District desire to jointly participate in the utility adjustments to the water distribution, sewage transmission system and other improvements along the right-of-way. The District agrees to reimburse the County for the cost of these utility adjustments and other improvements. The total estimated cost for the utility construction is $419,746.42. District 7 (MRE)
17. Staff recommends
motion to approve:
A) an Interlocal Agreement with the Town of Mangonia Park (Town) for decorative street lights for Boardman Avenue in the amount of $80,133; and
B) a Budget Transfer of $80,133 in the Transportation Improvement Fund from Reserves for District 7 to Mangonia Park-Decorative Streets Lights for Boardman Avenue.
SUMMARY: Approval of this Interlocal Agreement and Budget Transfer will provide funds to help pay for decorative street lights on Boardman Avenue in the Town. District 7 (MRE)
18. DELETED
19. Staff recommends motion to approve: a Subordination of Utility Interests from BellSouth-AT&T Florida, doing business as Telecommunications, Incorporated (Utility Company) releasing their interests to Palm Beach County (County) in a parcel of land located on the west side of Jog Road at the Omni Middle School. SUMMARY: Approval of the Subordination of Utility Interests will release the interests of the Utility Company in a parcel of land required for a right turn lane on the Jog Road from Yamato Road to Clint Moore Road project. This Subordination of Utility Interests requires the County to pay for any future relocation costs of the utility company facilities when and if requested by the County. District 4 (PK)
20. Staff recommends
motion to approve: Amendment Number One to R2006-1068, the Joint
Locally Funded Project Lease Agreement (JPA) with the State of Florida’s
Department of Transportation Turnpike Enterprise (Turnpike Enterprise). SUMMARY:
Approval of this Amendment will allow Palm Beach County to extend the JPA with
the Turnpike Enterprise by an additional 20 years, up to June 20, 2046, and
will extend continued participation in the Turnpike project “SunNav Phase II”
(SUNNAV PROJECT FPID 406122-1-52-01) from Fort Pierce to Glades Road, by means
of a dedicated conduit and fiber optic cable for use exclusively by the Traffic
Division and Information System Services. Countywide (MRE)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
21. Staff recommends
motion to approve: Change Order No. 1, in the amount of $95,834.31, for
the Royal Palm Estates street improvements, Project No. 2002135 (Project), with
H & J Contracting, Inc. (Contractor).
SUMMARY: Approval of
Change Order No. 1 will add additional items to the Project contract totaling
$86,536.01, contingency items totaling $9,298.30 and additional time of 40
calendar days for completion of the Project.
The Project will now be complete in 220 calendar days and the contract
amount is increased from $1,073,841.42 to a new contract amount of
$1,169,675.73. District 6/MSTU District B (MRE)
22. Staff recommends
motion to approve: a Contract
not to exceed the total value of $1,070,000 for task orders which may be issued
for the Annual Pavement Marking Contract (Project), Project No. 2009051, with
Southwide Industries, Inc. (Contractor), the lowest responsive, responsible
bidder. SUMMARY: The Project includes furnishing and installing pavement
marking material, raised reflectorized pavement markers, and traffic paint on
Palm Beach County roadways. The Small
Business Assistance goal for the project is 15%. Due to the non-existence of any SBE company which could furnish
thermoplastic material, as verified by SBA, neither the Contractor nor the second lowest, responsive, responsible
bidder achieved any Small Business Enterprise participation. The Contract is effective for 18 months from
the date awarded by the Palm Beach County Board of County Commissioners. Neither of the last two (2) annual
contracts included SBE participation. Countywide (MRE)
23. Staff recommends motion to approve: a Contract with Precision Contracting Services, Inc. (Contractor), the lowest, responsive, responsible bidder, in the amount of $765,424.40, for the Signal Interconnect Restoration Contract (2009052) (Project). SUMMARY: The Project involves restoration of fiber-optic signal interconnect cable on various roadways throughout Palm Beach County. The Small Business Assistance goal for the Project is 15%. The Small Business Enterprise participation committed by the Contractor is 100% overall. Countywide (MRE)
24. Staff recommends
motion to approve: an Agreement with Ardaman
& Associates, Inc. to provide the necessary professional testing lab
services on a task order basis, for countywide projects, as required. SUMMARY: Approval of this Agreement will provide the necessary professional testing lab
services throughout Palm Beach County (County) for all user departments. At the option of the County, this Agreement
can be renewed annually for a period of one (1) year, with a maximum of two (2)
renewals. Countywide (PK)
25. Staff recommends
motion to approve: an Amendment to the Financial
Assistance Agreement (R2007-0843) with Lucerne Lakes Master Homeowners’ Association
(Association) for an extension of the completion date for improvements in the
Lake Worth Drainage District right-of-way for Canal L-12 adjacent to Lake Worth
Road. SUMMARY: Approval
of this Amendment between the Association and Palm Beach County will
extend the completion date from June 30, 2008, to June 30, 2009. The completion
of the improvements has been delayed due to contractor performance problems. District 2 (MRE)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
26. Staff recommends motion to approve:
A) the appraisal and acquisition of property known as lots 10, 11, 12 on Carver Avenue and lot 35 on Cinquez Park Road East for a water retention area associated with the roadway improvements in the Cinquez Park subdivision located east of I-95 and north of Indiantown Road in the unincorporated area of the Town of Jupiter; and
B) a $500,000 Budget Transfer in the Municipal Service Taxing Unit District “A” Fund from Reserves to Cinquez Park East Area Improvements (Project).
SUMMARY: Approval of the appraisal and acquisition will authorize staff to proceed with the selection of an appraiser for property known as lots 10, 11, 12 of Cinquez Park 2nd Addition (Plat Book 21, Page 20), and lot 35 of Cinquez Park (Plat Book 20, Page 81) (Property). Due to a different ownership entity, a separate legal description and sketch of lot 35 was prepared. The Property will be used for a water retention area as part of the roadway improvements. The Project is located within a Countywide Community Revitalization Team area. Approval of this Budget Transfer will provide funds for the acquisition and development of the Project. District 1 (PK)
27. Staff recommends motion to receive and file: a report of plat recordations from April 1, through June 30, 2008. 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-O-11 governing administrative approval of plats by the County Engineer. Countywide (MRE)
D. COUNTY
ATTORNEY
1. Staff recommends motion to approve: Settlement in the total amount of $342,547, inclusive of attorneys’ fees and costs, in the case of Palm Beach County v. Douglas Sykes, et.al., Case No. 502007CA014837XXXXMB. SUMMARY: This is an action to quiet title to land measuring 4.33 acres that lies adjacent to PBC Water Treatment Plant (WTP) No. 8. Although the County claims an ownership interest in the land, the parcel has been on the tax roll as privately owned since 1955, thereby clouding the County’s title. Countywide (PGE)
2. Staff recommends
motion to approve: a Settlement in the amount of $161,430.11
including attorney’s fees, but excluding costs, in the eminent domain action
styled Palm Beach County v. Abdul Maleque, et al., Case No.
502007CA001804XXXXMB, for the taking of parcels 109, 209 and 309, owned by
Abdul Maleque and Sabina Maleque. SUMMARY: The County has negotiated a settlement
for parcels 109, 209 and 309 in the amount of $161,430.11 as compensation for
the land taken, including attorney’s fees, but excluding costs, subject to the
approval of the Board of County Commissioners. The subject property is located
on the corner of Seminole Pratt Whitney Road and Okeechobee Boulevard. In his appraisal update, the County’s expert
appraiser valued the subject parcels at $117,331 with a valuation date of July
7, 2006. The property owner’s expert
appraiser valued the subject parcels at $172,900 for the land taken. The
proposed settlement is $132,500 for the land taken, plus attorney’s fees in the
amount of $28,930.11, calculated mathematically pursuant to Florida law. The
total settlement including attorney’s fees, but excluding costs, is
$161,430.11. If this settlement is approved, it would require the County to pay
an additional $116,597.11 to fully fund the settlement, excluding costs. District 6 (PM)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (Cont’d)
3. Staff recommends
motion to approve: a Settlement in the amount of $84,638.94
including attorney’s fees, but excluding costs, in the eminent domain action
styled Palm Beach County v. Diego A. Pena, et al., Case No.
502007CA001113XXXXMB, for the taking of parcels 192, 292 and 392, owned by
Winsome Benjamin. SUMMARY: The County has negotiated a settlement for
parcels 192, 292 and 392 in the amount of $84,638.94 as compensation for the
land taken, including attorney’s fees, but excluding costs, subject to the
approval of the Board of County Commissioners.
The subject property is located on Seminole Pratt Whitney Road north of
Okeechobee Boulevard. The County’s
expert appraiser valued the subject parcels at $57,882 with a valuation date of
March 22, 2006. The property owner’s
expert appraiser valued the subject parcels at $85,050. The proposed settlement is $78,000 for the
land taken, plus attorney’s fees in the amount of $6,638.94, calculated
mathematically pursuant to Florida law. The total settlement including
attorney’s fees, but excluding costs, is $84,638.94. If this settlement is
approved, it would require the County to pay an additional $26,756.94 to fully
fund the settlement, excluding costs. District 6 (PM)
4. Staff recommends motion
to approve:
A) Payment in the amount of $30,359 to St.
Mary’s Medical Center for the cost of providing medical care to an indigent
individual from the period of January 12, 2008, through January 31, 2008;
B) a Budget Transfer of $180,589 from the Risk
Management Fund to the General Fund; and
C) a Budget Amendment of $180,589 in the
General Fund to provide for this payment for medical services from October 1,
2007, through January 31, 2008 ($150,230 of this amount was previously approved
by the Board on September 11, 2007, but not included in the FY 2008 budget).
SUMMARY: On September 11, 2007, the Board approved a payment to St. Mary’s Medical
Center in the amount of $554,992 for medical services provided to an indigent
patient from the period November 27, 2006, through January 11, 2008. The
patient was released from St. Mary’s Medical Center on January 31, 2008. The requested amount of $30,359 over the cost
of medical services for this patient from January 11, 2008, through January 31,
2008, a period not addressed in the September 11, 2007 Board Agenda. This payment completes payment of the medical
services provided to this individual by St. Mary’s Medical Center and the County
will have no further responsibility for such medical services for his care. Countywide (LSJ)
5. Staff recommends motion to approve: execution of a Quit-Claim Deed to Jewish Community Facilities Corporation, a Florida non-profit corporation, 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 just south of Glades Road at 95th Avenue in unincorporated Palm Beach County, Florida. District 5 (PFK)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve:
A)
Amendment No. 002 to Standard Agreement No. IC007-9500 (R2007-1691) for
the Community Care for the Elderly (CCE) Program with the Area Agency on Aging
(AAA) of Palm Beach/Treasure Coast, Inc. for the period July 1, 2007, through
June 30, 2008, increasing the agreement amount by $50,000 for a new total not
to exceed the amount of $1,153,185; and
B) Budget
Amendment of $107,545 in DOSS - Community Care for Elderly (CCE) Fund.
Summary: This Amendment will increase In-Home
Services by $50,000 in state grant funds provided by the Area Agency on Aging. The budget amendment is necessary to reconcile
the budget with the original contract award amount and increases provided by amendments
No. 001 and No. 002. In the area south
of Hypoluxo Road, Ruth Rales Jewish Family Service currently provides CCE
services under a similar grant from the AAA.
(DOSS) Countywide except for
portions of Districts 3, 4, 5 and 7 south of Hypoluxo Road (TKF)
2. Staff recommends
motion to approve:
A)
Amendment No. 001 to Standard Agreement No. IR007-9500 (R2007-1463) for
the Respite for Elders Living in Everyday Families (RELIEF) Program with the
Area Agency on Aging (AAA) of Palm Beach/Treasure Coast, Inc. for the period
July 1, 2007, through June 30, 2008, increasing the agreement amount by $12,000
for a new total not to exceed the amount of $114,058; and
B)
Budget Amendment of $12,000 in DOSS - Administration Fund.
SUMMARY: This Amendment will increase the
RELIEF/Respite Program by $12,000. In the area south of Hypoluxo Road, Ruth
Rales Jewish Family Service currently provides CCE services under a similar
grant from the AAA. (DOSS) Countywide
except for portions of Districts 3, 4, 5 and 7 south of Hypoluxo Road (TKF)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (Cont’d)
3. Staff recommends
motion to:
A) ratify the signature of the Chairperson on the 2009 State of Florida
Department of Children and Families (DCF) Homeless Challenge Grant application;
B) delegate authority to the County Administrator or
his designee to sign the State of Florida Department of Children and Families
contract for the Homeless Challenge Grant; and
C) delegate authority to the County Administrator or
his designee to sign the contracts with The Lord’s Place, Coalition for
Independent Living Options, Inc., Faith, Hope, Love, Charity, Inc. and Families
First for no longer than a one year period to end June 30, 2009, for the
maximum cumulative amount of $150,000.
Summary: The Division of Human Services is applying for
Emergency Shelter and Homeless Prevention Services through the 2009 Homeless
Challenge Grant. DCF will allocate funds based on the applicant’s score up to a
maximum of $150,000. Upon receipt of a grant award, the County will contract
with service providers as follows:
|
Maximum Funding Level Allocation |
|||
|
$150,000 |
Sub-Contractor |
Type of Service |
# to be Served |
|
$50,000 |
The Lord’s Place |
Emergency Shelter |
58 |
|
$50,000 |
Faith, Hope, Love,
Charity, Inc. |
Emergency Shelter |
56 |
|
$25,000 |
Families First |
Homeless
Prevention |
50 |
|
$25,000 |
Coalition for Independent Living Options,
Inc. |
Homeless
Prevention |
40 |
Should the funding level be below the maximum, the allocations would be
reduced to amounts agreed to in advance amongst the providers. No County funds
are required. (Human Services) Countywide
(TKF)
4. Staff recommends
motion to approve: Use of
Facility Agreement with the Jewish Community Center of the Greater Palm
Beaches, Inc., effective July 1, 2008, with no fixed expiration date to provide
a kosher congregate meal site for the elderly. Summary: This
Agreement will enable the Division of Senior Services (DOSS) to operate a
kosher congregate dining site for the elderly at the Jewish Community Center of
the Greater Palm Beaches, Inc. site located at 3151 N. Military Trail, West
Palm Beach at no cost to the
County for space or energy usage. DOSS
will operate the site and provide the kosher meals. Countywide except for portions of
Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF)
5. Staff recommends
motion to approve: Amendment No.
001 to Standard Agreement No. IU008-9500 (R2008-0171) for the Nutrition
Services Incentive Program (NSIP) with the Area Agency on Aging of Palm
Beach/Treasure Coast, Inc., for the period October 1, 2007, through September
30, 2008, decreasing the reimbursement unit rate and increasing the maximum
reimbursement by $37,611, for a new total not to exceed amount of $311,223 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 .6137002 to .59534527 for 116,601
units produced between August 1, 2008, through September 30, 2008; and increase
the new maximum reimbursement from $273,612 to $311,223. 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, and 7 south of
Hypoluxo Road (TKF)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (Cont’d)
6. Staff recommends
motion to approve:
A) Renewal Letter for the Cooperative
Agreement with the School Board of Palm Beach County (R2007-1671); and
B) Addendum
to the Cooperative Agreement (R2007-1671), for the period of July 1, 2008,
through June 30, 2009, at no cost to the County, to provide services to
exceptional students during the School Board’s approved school calendar.
Summary: The Cooperative Agreement states it shall be automatically renewed yearly
for up to three (3) years. Based on satisfactory performance during the past
contract period, it is recommended that the Cooperative Agreement with The
School Board of Palm Beach County be renewed. The Addendum clarifies the days
that services will be provided to Head Start children. The days will be
consistent with the School Board’s approved school calendar. The School Board
will provide all services to students as specified in the students’ Individual
Education Plan utilizing funding from the Full-Time Equivalency (FTE) amount
allocated by the State Department of Education. Head Start will screen for
vision, speech, hearing, development and behavior to identify students
appropriate for the program. Services provided by the School Board will be at
no cost to the County. (Head
Start) Countywide (TKF)
7. Staff recommends
motion to adopt: Resolution delegating authority to the County
Administrator, or his designee, to sign the Fiscal Year 2009 HIV Emergency
Relief Grant Application and any other necessary documents. Summary:
The County has been notified that,
as an Eligible Metropolitan Area (EMA) we will receive funds under the Part A
HIV Emergency Relief Grant. The grant application for FY 2009 must be submitted
to the U.S. Department of Health and Human Services by September 29, 2008. The grant application will be completed by
the 19th of September, but still must be reviewed by the HIV CARE Council staff
and the Community Services Department. To ensure that the grant application
deadline is met, the delegation of authority to sign the application is
requested. Countywide (TKF)
8. Staff recommends
motion to receive and file: Agreement with the Florida Power & Light Company – FPL Care to
Share Program to prevent loss of power for residents of Palm Beach County for
the period of July 1, 2008, through June 30, 2013, for an approximate total
amount up to $300,000 per year. Summary: On June 17, 2008 (R2008-1039), the Board authorized
a contract with Florida Power & Light Company. The FPL Care to Share Program
Agreement enables the Division to provide financial assistance to households at
risk of their power being disconnected. (Human
Services) Countywide (TKF)
9. Staff recommends
motion to approve: Amendment No. 001 to Standard Agreement No. IP008-9500
(R2008-1041) for the Emergency
Home Energy Assistance Program (EHEAP), with the Area Agency on Aging (AAA) of
Palm Beach/Treasure Coast, Inc. for the period April 1, 2008, through December
31, 2008, increasing the agreement amount by $10,889.05 for a new total not to
exceed amount of $21,778.10. Summary:
This Amendment will increase crisis
benefits (electric service disconnection) by $10,889, which enables the
Division’s ability to serve more elderly clients. In the area south of Hypoluxo Road, Ruth
Rales Jewish Family Service currently provides EHEAP services under a similar
agreement from the AAA. (DOSS) Countywide except for portions of
Districts 3, 4, 5, and 7 south of Hypoluxo Road (TKF)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (Cont’d)
10. Staff recommends
motion to approve: Standard Agreement No. IR008-9500 for the Respite
for Elders Living in Everyday Families (RELIEF) program with the Area Agency on
Aging of Palm Beach/Treasure Coast, Inc. (AAA) for the period July 1, 2008,
through December 31, 2008, in the not to exceed amount of $50,609. Summary: The RELIEF Standard
Agreement will allow the County, through its Division of Senior Services
(DOSS), a lead agency, expands its in-home respite, specifically evening and
weekend respite. This will increase the
ability of a family unit to continue to care for a homebound elderly individual
beyond the basic provisions of current public programs. Under this Agreement, DOSS will directly
provide 6,980 volunteer service hours at a unit reimbursement rate of $7.25 for
each hour of in-home respite, and each hour of training provided to volunteers.
The unit rate provides a stipend for the RELIEF volunteers of $2.55 per hour,
plus $2.50 daily for meal expense and $.585 a mile for travel allowance. RELIEF services are funded with $50,609 in State
funds provided through the AAA agreement.
Additional County funds in the amount of $22,242 are needed to cover
staff salaries and administrative costs not covered by the Agreement. The Agreement
spans two (2) County fiscal years.
Sufficient funding is available in the FY 2008 budget to meet County
obligations. County funding required to
meet FY 2009 obligations has been requested in the FY 2009 budget process. (DOSS) Countywide (TKF)
11. Staff recommends
motion to approve: Contract with Comprehensive AIDS Program, Inc. for
Ryan White Part A HIV Emergency Relief Minority AIDS Initiative (MAI) funds for
the period of August 1, 2008, through July 31, 2009, in an amount of $565,076
for services to HIV affected clients. Summary: On July 29, 2008, the County received notice
of a grant award from the Department of Health & Human Services Resources
and Services Administration, in the amount of $565,076, for the period August
1, 2008, through July 31, 2009. The
grant award is for the provision of services to HIV affected clients. As the grantee, the County is responsible for
selecting and contracting with services providers. The agency listed above was
selected through the Request for Proposal process and has been recommended to
receive funding. No County funds are
required. (Ryan White) Countywide (TKF)
12. Staff recommends
motion to approve: two (2) amendments to the Ryan White Part A
HIV Health Support Services Contract for the period of March 1, 2008, through
February 28, 2009, totaling $200,000 from grantee
administrative funds as follows:
A)
Amendment No. 1 to contract (R2008-0953) with Comprehensive Community
Care Network to increase funding by $75,000 for a total not to exceed amount of
$467,173; and
B) Amendment No. 1 to contract (R2008-0728)
with Compass, Inc. to increase funding by $125,000 for a total not to exceed
amount of $391,512.
Summary: Ryan White HIV
Health Support service dollars are reviewed throughout the contract year and
dollars unlikely to be spent by the end of the contract period are reallocated
to best meet the need of the affected clients. Comprehensive Community Care
Network will use the increase for medical transportation and food/home delivered
meals services. Compass, Inc. will use
the increase for medical case management and food/home delivered meals
services. No County funds are required.
(Ryan White) Countywide (TKF)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (Cont’d)
13. Staff recommends
motion to approve: Delegate Agency Agreement with The YWCA of Palm
Beach County, Inc., for the period of October 1, 2008, through September 30,
2009, in an amount of $511,515, for services to Head Start children and
families. Summary: The YWCA of Palm Beach County, Inc.
will provide services for up to 84 children for 249 days at an annual rate of
$6,089.46. There are not sufficient County facilities to accommodate all 1,871
authorized slots for children 3 and 4 years of age in the Head Start program.
Therefore, the County enters into delegate agency agreements with child care
agencies to provide comprehensive Head Start services. Funding consists of $308,955 in Federal funds,
$77,239 in required match County funds and $125,321 in overmatch. County funding
is contingent on budget approval and has been requested in the FY 2009
budget. (Head Start) Countywide
(TKF)
14. Staff recommends
motion to approve: Delegate Agency Agreement with Florence Fuller Child
Development Centers, Inc., for the period of October 1, 2008, through September
30, 2009, in an amount of $949,955, for services to Head Start children and
families. Summary: Florence
Fuller Child Development Centers, Inc. will provide services for up to 156
children for 249 days at an annual rate of $6,089.46. There are not sufficient
County facilities to accommodate all 1,871 authorized slots for children 3 and
4 years of age in the Head Start program. Therefore, the County enters into
delegate agency agreements with child care agencies to provide comprehensive
Head Start services. Funding consists of
$573,849 in Federal funds, $143,462 in required match County funds and $232,644
in overmatch. County funding is
contingent on budget approval and has been requested in the FY 2009 budget.
(Head Start) Countywide (TKF)
15. Staff recommends
motion to approve: Delegate Agency Agreement with Hispanic Human Resources Council, Inc.,
for the period of October 1, 2008, through September 30, 2009, in an amount of
$1,589,349, for services to Head Start children and families.
Summary: Hispanic
Human Resources Council, Inc. will provide services for up to 261
children for 249 days at an annual rate of $6,089.46. There are not sufficient County facilities to
accommodate all 1,871 authorized slots for children 3 and 4 years of age in the
Head Start program. Therefore, the
County enters into delegate agency agreements with child care agencies to
provide comprehensive Head Start services. Funding consists of $960,094 in
Federal funds, $240,023 in required match County funds and $389,232 in
overmatch. County funding is contingent on budget approval and has been
requested in the FY 2009 budget. (Head Start) Countywide (TKF)
16. Staff recommends
motion to approve: Contract with The Lord’s Place, for the period of
October 1, 2008, through September 30, 2009, in an amount not –to-exceed
$63,000, for support services to homeless persons. Summary: The Lord’s Place will provide supportive
services to a maximum of 78 homeless individuals in an effort to reduce
recidivism of single, chronic homeless males through Operation Jump Start. The project’s objective is to reduce the
“revolving door” syndrome of chronic homeless males by extending emergency
shelter from 30 to 60 days; educating and motivating participants towards
change that will create self-sufficiency through an intensive day program; and
evaluating the effectiveness of a low demand program in engaging and creating
change in the chronic homeless population. Case management services are a vital
link to meet the needs of the homeless individual to overcome the numerous
barriers that have led to their homelessness.
A total of $63,000 in County funds is included in the FY 2009
budget. County obligations under this
Contract are subject to budget approval. (Human Services) Countywide
(TKF)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (Cont’d)
17. Staff recommends
motion to approve: Contract with
The Center for Family Services of Palm Beach County, for the period of October
1, 2008, through September 30, 2009, in an amount not to exceed $47,514, for
emergency shelter services to homeless persons. Summary: The Center for Family Services will coordinate
emergency after-hours shelter placement and food, including the provision of
transportation and ongoing case management to homeless persons until alternate
placement can be arranged. A total of
$47,514 in County funds is included in the FY 2009 budget. County obligations
under this contract are subject to budget approval. (Human Services) Countywide (TKF)
F. AIRPORTS
1. Staff recommends motion to approve: Amendment No. 11 to the Contract with PBS&J, Inc. for consulting/professional services in the amount of $518,728 for the Department of Airports. SUMMARY: On February 6, 2001, the County entered into a Consulting Agreement (R2001-0194) with PBS&J, Inc. for general airport planning and design for the amount of $985,730.50. The Agreement was for two (2) years with two (2) - one (1) year renewal options. Amendments 1-10 were approved for a net increase in the amount of $10,501,387. Approval of Amendment No. 11 in the amount of $518,728 will provide funds to continue construction administration services for projects that were started under previous amendments that remain under construction. The Disadvantaged Business Enterprise (DBE) participation for this Amendment is 5.57%. The total DBE contract goal including all amendments is 33.68% Countywide (JCM)
2. Staff recommends motion to approve: Change Order No. 7 to the Contract with ThyssenKrupp Airport Systems, Inc. in the amount of $9,293 for replacement of passenger loading bridges at Palm Beach International Airport (PBIA). There is no change in contract time related to this Change Order. SUMMARY: On October 17, 2006, the BCC approved a contract (R2006-2205) with ThyssenKrupp Airport Systems, Inc. to replace the existing passenger loading bridges at PBIA in the amount of $15,360,608. Change Orders 1-6 increased the contract in the amount of $773,648 and 26-calendar days. Change Order No. 7 must be approved by the Board because its approval, combined with previous approvals, would exceed the combined authority of the Contract Review Committee and the Lead Department. The Small Business Enterprise (SBE) participation for this Change Order is 99.94%. The total SBE contract goal including this Change Order is 7.46%. Countywide (JCM)
3. Staff recommends motion to approve: Memorandum of Agreement (MOA) No. DTFASO-08-L-00052 with the Federal Aviation Administration for the construction, operation and maintenance of FAA-owned navigation, communication and weather aid facilities at the Palm Beach County Glades Airport for the term of October 1, 2007 through September 30, 2027. SUMMARY: The current lease with the FAA for the VORTAC, a navigational aid, at the Palm Beach County Glades Airport (R98-65D) will expire September 30, 2008. The FAA wishes to change the form of the agreement retroactive to October 1, 2007, from a lease to its new standard form MOA, which provides for installation, operation and maintenance of any necessary navigational, communication and weather aid facilities, including the VORTAC, at locations on the airport mutually agreed to by the parties. As consideration for the MOA, the FAA is responsible for the installation and operation of the equipment at no cost to the County. Countywide (AH)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
4. Staff recommends
motion to approve:
A) Amendment No. 9 to the General Consulting Agreement with CH2M Hill, Inc. for consulting/professional services in the amount of $640,160 for the continued performance of professional planning and design services related to the approved Palm Beach County Airports Capital Improvement Program; and
B) a Budget Transfer of $640,160 in the Airports’ Improvement and Development Fund to establish budget for Amendment No. 9 to the CH2M Hill, Inc. agreement, including a transfer from airport reserves in the amount of $640,160.
SUMMARY: The Consulting Agreement (R2005-0319) with CH2M Hill, Inc. for general airport planning and design was approved on February 15, 2005 in the amount of $2,443,804 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 renewable options. Amendments 1-8 were approved for a net increase in the amount of $10,423,585. Approval of Amendment No. 9 in the amount of $640,160 will provide funds to complete the following tasks and services; Task I Services include: Cabin Air System Improvement-Supplement No. 1; Update Exhibit “A” Property Map-Supplement No. 1; Update Noise Land Inventory Map and Disposal/Re-Use Plan; Stormwater Management Master Plan-Westgate CRA/SCTF Coordination and Additional Modeling; and Phase I Environmental Site Assessments. Task III Services include: Staff Extension; Miscellaneous Planning and Engineering Services and Construction Administration Services. The Disadvantaged Business Enterprise (DBE) participation for this Amendment is 11.05%. The total DBE contract goal including all amendments is 27.73%. Countywide (JCM)
5. Staff recommends motion to receive and file: six (6) original Agreements for the Department of Airports:
A) Agreement to Terminate Hangar Lease Agreement with Jack Reisel, Unit 5, Building 11220 at North County Airport, terminating R2003-2009 on July 31, 2008;
B) North County General Aviation Airport Hangar Lease Agreement with Fleetship Yachts, Inc., Unit 8, Building 11230, for one (1) year, automatically renewed at on (1) year intervals, commencing on July 1, 2008;
C) License Agreement with FlightSafety International, Inc. to use property solely and exclusively for vehicle parking only commencing May 15, 2008, and expiring July 31, 2008, automatically renewed for one (1) month intervals thereafter;
D) License Agreement with Vanguard Car Rental USA, Inc. to use property for short term storage of operable vehicles commencing May 29, 2008, and expiring July 15, 2008;
E) License Agreement with Vanguard Car Rental USA, Inc. to use property for short term storage of operable vehicles commencing May 4, 2008, and expiring May 25, 2008; and
F) Consent to Sublease for Galaxy Aviation of Palm Beach, Inc. with Cherokee Air, Ltd. Commencing June 1, 2008.
SUMMARY: Delegation of authority for execution of the standard County agreements above was approved by the BCC in R93-801, R2004-1367, R2007-1744 and R2007-2070. Countywide (JB)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
6. Staff recommends
motion to:
A)
approve First Amendment to Retail Concession Agreement (Agreement)
with Paradies-Palm Beach, LLC (Paradies), requiring Paradies to provide
traveler concession services to the public at the Palm Beach International
Airport (PBIA), commencing October 1, 2008;
B) authorize the County Administrator or
his designee to execute amendments to the Agreement from time to time to add or
replace retail concepts or to increase or decrease the square footage of the
leased premises; and
C) approve a Budget
Transfer of $200,000 in the Airports Improvement and Development Fund,
establishing budget for the refurbishment project, including a transfer from
Reserves.
SUMMARY: On
November 6, 2007, the Board approved a Retail Concession Agreement (R2007-2052)
with Paradies for retail concession services at PBIA. The Agreement authorized
the County to require Paradies to provide traveler concession services, which
include foreign currency exchange, lottery ticket sales, shoe shine services
and postage. This Amendment requires Paradies to provide traveler concession
services at PBIA and provides for the lease of additional storage spaces at
standard terminal rental rates. Paradies will pay the County 10% of the
gross revenues it receives from traveler concession services. The Amendment
also provides a $200,000 rental credit to Paradies for the refurbishment of the
traveler services center. The existing Traveler Services Concession Agreement
(R-2002-2260) expires on September 30, 2008. Staff is recommending approval of
this Amendment to ensure traveler concession services remain available at PBIA.
Paradies has also commenced permitting and constructing its new facilities at
PBIA; however, FAO Schwarz, Lilly Pulitzer and 10-Minute Manicure have
indicated that they are no longer interested in operating at PBIA. As a result,
Paradies has proposed replacing the FAO Schwarz with a Kids Zoo toy store with
an increase in the privilege fees payable to the County from 12% to 20% of
gross revenues and replacing the Lilly Pulitzer with a Brooks Brothers
Women. Paradies is currently in discussions with another manicure
operator for replacement of 10-Minute Manicure. The Amendment requires the
Airport Director’s approval of any alternative concept to replace the 10-Minute
Manicure concept. Staff is also requesting the Board authorize the County
Administrator or his designee to execute amendments to the Agreement for the
purpose of adding or replacing retail concepts and increasing or decreasing the
square footage of the leased premises. The privilege fees payable to the
County are based on percentage of gross revenues not on the square footage of
the facilities. Countywide (AH)
7. Staff recommends
motion to approve: Automated
Teller Machine (ATM) Concession Agreement with Fifth Third Bank for a term of
three (3) years and an initial minimum annual guarantee of $50,000. SUMMARY:
On May 19, 2008, the Department of Airports issued a Request for Submittals
(RFS PB-08-05) for the installation, operation and maintenance of ATMs at Palm
Beach County Airports. Staff is recommending the award of the ATM
Concession Agreement to Fifth Third Bank as the most advantageous to the
County. Revenue proposals ranged from 35% to 55% of all ATM
transaction surcharges. Fifth Third Bank proposed 55% of all ATM
transaction surcharges as well as a minimum annual guarantee of $50,000 for the
first year with a $5,000 per year escalation. Approval of the ATM
Concession Agreement is anticipated to significantly increase ATM concession revenues
to the County. Countywide (AH)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
8. Staff recommends motion to approve:
A) an Agreement to purchase the following property at a total cost of
$125,000. Said property is
located south of Runway 31 at Palm Beach International Airport (PBIA):
John C. Brooks
206 Grace Drive South
West Palm Beach, FL 33406 Parcel S – 2
Sales Price $125,000.00
Replacement Housing $ N/A
B) a
Budget Transfer of $125,000 in the Airports Improvement and Development Fund
from Reserves to provide budget for the purchase of property in the Runway
Protection Zone (RPZ) south of Runway 31 at PBIA.
SUMMARY: In accordance with Federal Aviation
Administration (FAA) regulations, the Department of Airports is encouraged to
acquire property within the Runway Protection Zone. Countywide (JMB)
9. Staff recommends
motion to receive and file: five (5) original Agreements for the
Department of Airports.
A) North County General Aviation Airport
Hangar Lease Agreement with Mechanical Artistry LLC, Unit 14, Building 11720,
for one (1) year, automatically renewed at one (1) year intervals, commencing
on August 1, 2008 (JB);
B) Consent to Sublease for Florida Airmotive,
Inc. with Helicopter Academy commencing June 1, 2008 (JB);
C) Consent to Sublease for Florida Airmotive,
Inc. with Dean Markis commencing July 1, 2008 (JB);
D) Consent to Sublease for Galaxy Aviation of
Palm Beach, Inc. with AIC Global Holdings commencing July 1, 2008 (JB); and
E) Amendment to FAA Master Ground Lease No. DTFA06—95-L-15144 (Exhibit 18)
R-95-1251-D, for the Air Traffic Control Tower (JB).
SUMMARY: Delegation of authority for execution of the
standard County agreements above was approved by the BCC in R93-801, R2007-1755
and R95-1251D. Countywide
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends motion to:
A) approve request by Palm Beach County Tax Collector, Anne M. Gannon, for Board of County Commissioners to order the 2008 tax roll to be extended prior to completion of the Value Adjustment Board hearings; and
B) direct the Value Adjustment Board to certify the assessment roll as required by State Statutes.
SUMMARY: Approval of this request will avoid a delay in the issuance of tax notices beyond November 1, 2008, and will permit the collection of property taxes prior to completion of the Value Adjustment Board hearings. Countywide (PFK)
2. Staff recommends
motion to appoint:
A) Loop Capital Markets as Senior Manager and Raymond James and Jackson Securities as Co-Managers for the not to exceed $45 Million Public Improvement Revenue Bonds, Series 2008 (Max Planck Biomedical Research Project) to establish a biomedical research park at Florida Atlantic University (FAU) in Jupiter;
B) Holland & Knight as bond counsel for the not to exceed $45 Million Public Improvement Revenue Bonds, Series 2008 (Max Planck Biomedical Research Project); and
C) Ruden McCloskey as disclosure counsel for the not to exceed $45 Million Public Improvement Revenue Bonds, Series 2008 (Max Planck Biomedical Research Project).
SUMMARY: On July 22, 2008, the Board approved a Grant Agreement with Max Planck Florida Corporation (MPFC) providing for $86.926 Million to construct and operate a Biomedical Research Facility. The County plans to issue Non-ad Valorem Revenue Bonds to fund the following grants to MPFC on November 1 on each of the following calendar years: 2008 - $39,443,000; 2011 - $15,615,000; 2013 - $13,137,000; 2015 - $13,384,000; and 2017 - $5,347,000, totaling $86,926,000. In addition to the grant funding, each bond issue will include costs of issuance and the funding of debt service reserve accounts. We anticipate that the initial bond issue of not to exceed $45 Million will be sold in October and closed by November 1. The above firms are next on their respective rotation lists. Countywide (PFK)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)
3. Staff recommends
motion to approve:
A) Budget Amendment of $178,093,526 in the $176.585 Million Public Improvement Revenue Bonds, Series 2008 Jail Expansion Capital Project Fund to record bond proceeds, premium on bonds, capital project accounts, costs of issuance, the transfer to the $20 Million Bond Anticipation Notes, Series 2007 Jail Facilities Expansion Fund for the payment of principal and interest on the BANS, and the transfer to the $176.585 Million Public Improvement Revenue Bonds, Series 2008 Debt Service Reserve Fund to set up the cash funded debt service reserve;
B) Budget Amendment of $20,560,895 in the $20 Million Bond Anticipation Notes, Series 2007 Jail Facilities Expansion Project Fund to record the budget transfer from the $176.585 Million Public Improvement Revenue Bonds, Series 2008 Jail Expansion Capital Project Fund for the payment of principal and interest on the BANS; and
C) Budget Amendment of $11,268,150 in the $176.585 Million Public Improvement Revenue Bonds, Series 2008 Debt Service Reserve Fund to set up the cash funded debt service reserve.
SUMMARY:
On August 18, 2008, the Board adopted a Resolution for the sale of the $176.585
Million Public Improvement Revenue Bonds, Series 2008 to finance the costs of
acquisition, renovation, construction and equipping of additional criminal
justice and public improvement facilities.
The Series 2008 Bonds closed on August 28, 2008. The Budget Amendments set up the sale of the
Series 2008 Bonds, the payment of principal and interest on the Series 2007
BANS and the cash funding of the debt service reserve for the Series 2008
Bonds. Countywide (PFK)
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve: Consulting
Services Authorization (CSA) No. 2 to Architectural Continuing Services
Contract with Saltz Michelson Architects, Inc. (R2007-0393) in the amount of
$206,906, for architectural and engineering services related to the interior
remodeling of the existing gymnasium building for PBSO Training at the Cherry
Road site. SUMMARY: As part of the FY ‘08
Capital Improvement Program (CIP) budget cuts, proceeding with this project
allowed for the deferral of $7.7M FY ‘06 funding, the elimination of $20M in FY
‘09 funding, and the release of $8M in FY ‘07 funding. This is the final design start for the FY ‘08
CIP re-scope. CSA No. 2 authorizes the development of construction documents
and construction-phase services necessary for the interior remodeling of the
existing gymnasium building. The 32,600 sq. ft. building will be used for PBSO training,
as part of a master plan for the 20-acre Cherry Road property. Construction
cost is estimated to be $2.5 million. The SBE goal for this Contract is 23%.
Saltz Michelson is providing 16.7% in this CSA.
When added to the Consultant’s participation to date, the resulting SBE
participation is 27%. (Capital
Improvements Division) District 2
(JM)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
2. Staff recommends
motion to approve: Change Order
No. 4 to the Contract with Suffolk Construction Company, Inc., (R2005-1078) in
the amount of $419,528.01 and a contract extension of 70-calendar days for
Airport Center Building No. 1 renovations. SUMMARY: Change Order No. 4
is for the cost to construct necessary interior modifications to the building
due to existing unforeseen conditions and to add air conditioning and
ventilating equipment due to a design omission.
During the selective demolition of interior walls on floors one through
four, lateral steel reinforcing was uncovered that interfered with new drywall
and infrastructure layouts adjacent to the new mechanical rooms and several
offices. Each floor plan was
re-designed, including the associated mechanical, plumbing and electrical
systems, a new roof top fresh air pre-treat unit was added, and a new stairway
pressurization system and fan was added. The 70 day time extension is necessary
to accommodate the redesign, pricing, procurement, and construction activities
and affects the critical path of the work. The work associated with this Change
Order has begun prior to Board consideration in order to mitigate the delay.
The SBE participation for this Change Order is 25.9%. The SBE goal for this
project is 15%. When combined with
previous change orders, the participation to date is 15.9%. (Capital
Improvements Division) District 2
(JM)
3. Staff recommends motion to approve: Change Order No. 26 to the Contract with The Weitz Company, Inc. (R2003-1542) in the amount of $77,349 for South County Regional Park Phase III. SUMMARY: Change Order No. 26 is for the cost of amphitheater grass seating area enhancements. The enhancements include upper seating area aeration, top dressing and rye seeding and lower seating under drain system, top soil and Bermuda sodding. These enhancements are needed to improve drainage of the flat grass areas adjacent to the stage and seating area. Although the engineer designed the area to comply with normal drainage criteria, a quick-dry and more efficient drainage system was requested to allow the seating area to be functional within hours rather than days so as not to delay or cancel scheduled activities at the amphitheater. The inadequate drainage was only discovered post-construction. These services have been completed prior to Board consideration. Change Order No. 26 must be approved by the Board of County Commissioners because this Change Order, when combined with previous approval would exceed the combined authority of the Contract Review Committee and Department Director for cost. There is no SBE participation for this Change Order. The SBE goal for this project is 15%. When combined with previous change orders, the participation to date is 19.6%. (Capital Improvements Division) District 5 (JM)
4. Staff recommends
motion to approve:
a Declaration of Easement in favor of
Palm Beach County Water Utilities Department for a water line, fire hydrant and
meter serving the Palm Beach County Sheriff’s Office (PBSO) K-9 facility. SUMMARY: The County is finalizing construction of an
expansion to the PBSO’s K-9 facility adjacent to Okeeheelee Park South and the
Turnpike. Construction of the expansion
of the K-9 facility required installation of a water meter and fire hydrant set
along an existing potable water line running to the buildings. The Water Utilities Department requires an
easement for these utilities. The
easement is 20' wide by 220’ long, containing 4,400 sq. ft. The Declaration
will be recorded to provide notice of the existence and location of the potable
water line, water meter and fire hydrant.
(PREM) District 6 (HJF)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
5. Staff recommends
motion to approve: a Declaration
of Easement in favor of Palm Beach County Water Utilities Department for water
mains servicing Fire Rescue Station No. 44. SUMMARY: The County is developing Fire Rescue Station
No. 44 on 2.12 acres of County owned property located west of Jog Road and
south of Flavor Pict Road (the Winsberg property). As part of the development of the Station,
the County installed water lines to connect to existing force mains. The Water Utilities Department requires
easements for those water lines. The
first easement is located approximately 120 feet from the western boundary
line, is 20' x 23’ and contains approximately 460 sq. ft. (0.01 acres). The second easement is located approximately
30 feet from the eastern boundary line, is 20’ x 108’ and contains
approximately 2,160 sq. ft. (0.05 acres).
The Declaration will be recorded to provide notice of the existence and
location of the water main pipes. (PREM)
District 5 (HJF)
6. Staff recommends
motion to approve:
A) an Agreement with Tallmar, Inc., a Florida Corporation, for the placement of communication equipment onto the rooftop of the Marriott Residence Inn, located at 1111 East Atlantic Avenue in Delray Beach on behalf of the Palm Beach County Sheriff’s Office; and
B) a Use Agreement with the Palm Beach County Sheriff’s Office (PBSO) establishing PBSO’s financial responsibility for rent and this equipment.
SUMMARY: This Agreement will allow for the installation of radar
and other miscellaneous communication equipment which will enhance maritime
security and improve communication between local law enforcement agencies. The
premises consist of 400+/- sq. ft. of roof top space on the Marriott Residence
Inn for the installation of an equipment shelter and placement of a radar dish
and mast. The Term of the Agreement is for ten (10) years commencing upon
execution by the County. The gross annual rent is four thousand dollars
($4,000), which will be increased annually by Consumer Price Index (CPI). All
improvements will be performed by PBSO at its sole expense. The Landlord will
provide electrical service. The County has the option to terminate this
Agreement for any reason upon ninety (90) days prior written notice to
Landlord. The Landlord has the right to
terminate upon 180 days notice and Landlord’s payment of an $8,000 early
termination fee. The Use Agreement
provides that PBSO will pay the annual rent and the cost of improvements. (PREM) District
4 (JMB)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
7. Staff recommends
motion to approve:
A) an Agreement with the Playa Del Mar Association, Inc., a Florida not-for-profit corporation, for the placement of communication equipment onto the rooftop of the Playa Del Mar Condominium, located at 3900 Galt Ocean Drive in Fort Lauderdale on behalf of the Palm Beach County Sheriff’s Office; and
B) a Use Agreement with the Palm Beach County Sheriff’s Office (PBSO) establishing PBSO’s financial responsibility for rent and this equipment.
SUMMARY: This Agreement will allow for the installation of radar
and other miscellaneous communication equipment which will enhance maritime
security and improve communication between local law enforcement agencies. The
premises consist of 400+/- sq. ft. of roof top space on the Playa Del Mar
Condominium for the installation of an equipment shelter and placement of a
radar dish and mast. The Term of the Agreement is for five (5) years commencing
upon execution by the County. The gross annual rent is five thousand dollars
($5,000), which will be increased annually by the greater of five percent (5%)
or Consumer Price Index (CPI). All
improvements will be performed by PBSO at its expense. The Landlord will
provide electrical service. The County has the option to terminate this
Agreement for any reason upon ninety (90) days prior written notice to
Landlord. The Use Agreement provides that PBSO will pay the annual rent and the
cost of improvements. (PREM) Countywide (JMB)
8. Staff recommends motion to approve: Contract with Ocean Gate General Contractors in the amount of $841,000 for the construction of the Jupiter Farms Park Equestrian Facility. SUMMARY: This Contract will provide for construction of two (2) riding rings with fencing and gates, paved and shell rock access roads, grass parking, tree relocation, landscaping, and associated drainage. The SBE goal for this project is 15%. Ocean Gate General Contractors bid includes participation of 16.9%. The contract time is 240-calendar days to substantial completion. (Capital Improvements Division) District 1 (JM)
9. Staff recommends motion to approve: Change Order No. 6 to the Contract with Suffolk Construction Company, Inc., (R2005-1078) in the amount of $14,485.14 for Airport Center Building No. 1 Renovations. SUMMARY: Change Order No. 6 is for costs associated with additional drywall work necessary to extend the drywall height to accommodate a new drop ceiling. This was a concealed condition which was discovered after the existing drop ceiling was removed. Change Order No. 6 must be approved by the Board of County Commissioners because this Change Order, when combined with previous approvals would exceed the combined authority of the Contract Review Committee (CRC) and Department Director for cost. Work associated with this Change Order was completed prior to Board consideration. The SBE participation for this Change Order is 92.3%. The SBE goal for this project is 15%. When combined with previous Change Orders, the participation to date is 15.4%. (Capital Improvements Division) District 2 (JM)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
10. Staff recommends motion to approve: Consultant Services Authorization (CSA) No. 4 to the Contract with Slattery & Associates (R2004-0326) in the amount of $614,137 for design and construction administration services for the new Acreage Branch Library. SUMMARY: A new 30,000 sq. ft. library will serve the Acreage area population. CSA No. 4 provides for architectural and engineering services for the planning, design, permitting and construction administration for the Acreage Branch Library located at Seminole Pratt Whitney Road and Orange Avenue. The negotiations for the property are still ongoing with Indian Trails despite CSA No. 4 authorizing the commencement of design and the expenditure of funds. If the negotiations are not ultimately successful, design funds expended as of that date will be lost. Also, significant delays in the negotiations could jeopardize traffic capacity available for the Library build out. Negotiations with Indian Trails for the conveyance of the site for the Library are ongoing and should be concluded in the next 90 days. The construction cost estimate for this project is $10,000,000. The facility will be designed and constructed to LEED (Leadership in Energy & Environmental Design) Standards. Slattery & Associates will provide 23.6% SBE participation to this Authorization. Including this Authorization, the SBE participation for this Contract is 19.8%. The goal is 15%. (Capital Improvements Division) District 6 (JM)
11. Staff recommends motion to receive and file: a
notice of exercise of the first option to extend the term of the
Concessionaire Service Agreement (R2007-958) with Kayak-King Watersports, Inc. for
the continued operation of a water sports and recreational rental concession in
Okeeheelee Park at an annual rate of $4,992. SUMMARY: On June 19,
2007, the Board approved the Concessionaire Service Agreement with Procell
Watersports, Inc. to operate in Okeeheelee Park located at 7715 Forest Hill
Boulevard in West Palm Beach. Further,
on May 6, 2008, the Board approved a Consent to Change of Ownership for Procell
Watersports, Inc. (R2008-761), as Carol Procell, the operator of Procell
Watersports, Inc., sold her business to Annette Arriaga-Roque and Roger Roque,
d/b/a Kayak-King Watersports, Inc. Pursuant
to a February 29, 2008 letter from Ms. Roque, Kayak-King Watersports exercised
the first of four (4) one (1) year renewal options for the period of July 1,
2008, to June 30, 2009. The Board has no
discretionary authority to not allow the exercise of the option. However, the Agreement provides that either
party may terminate this Agreement upon ninety (90) days written notice. The annual rent for this extension period is
$4,992. Exercise of this option provides
for the continuation of water sports and recreational rental operations by
Kayak-King Watersports at Okeeheelee Park until June 30, 2009. (PREM) District 6 (JMB)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
12. Staff recommends
motion to approve:
A) a Fifth Amendment to Communication Tower Joint Use Agreement with New
Cingular Wireless PCS, LLC, (R96-972D) for the County Communication Tower at
Forest Hill Boulevard and the Turnpike; and
B) a Seventh Amendment to Communication Tower Agreement with New Cingular
Wireless PCS, LLC, (R99-312D) for the County Communication Tower at 20 Mile
Bend.
SUMMARY: The County and New Cingular
Wireless PCS, LLC co-locate on two County-owned towers. Each of these Amendments will allow the County
to: (i) install new equipment necessary
to support the re-banding of the 800 MHz system; (ii) modify the Frequency
Lists of each Agreement to reflect frequency changes per the re-banding; and (iii)
update the Notice provisions for both the County and Cingular. The County will be responsible to obtain all
necessary permits and governmental approvals. All equipment improvements will be made by the
County at its sole cost. There will be no service interruptions to the County’s or Cingular’s
operations. All other terms of the Agreements remain unchanged. (PREM) District 6 (JMB)
13. Staff recommends
motion to:
A) adopt a Resolution authorizing the conveyance of the County’s interest in a
0.41 acre vacant parcel of County-owned land located north of Summit Boulevard
and west of Haverhill Road in unincorporated Palm Beach County to Piper’s Cay
Association, Inc., for a Florida not-for-profit corporation, for $30,000 with
reservation of mineral and petroleum rights, but without rights of entry and
exploration; and
B) approve a County Deed in favor of Piper’s Cay
Association, Inc.
SUMMARY: The County acquired an 18 feet wide x 976 feet long (0.41 acre)
undevelopable strip of vacant land in unincorporated Palm Beach County by Tax
Deed in February 1998. The parcel is located north of Summit Boulevard and west
of Haverhill Road. This strip was
incorporated into the platted landscape buffer of the Piper’s Cay PUD by the
Developer in error. The parcel was
deemed surplus as it served no present or future County purpose. The assessed value of the parcel in 2005 was
$324. In accordance with F.S. Section
125.35(2), notice of the County’s intent to sell this land was sent to adjacent
property owners who were given the opportunity to bid on this parcel. As Piper’s Cay was the only respondent,
negotiations resulted in a $30,000 ($73,172/acre) offer. This price was calculated on the basis of the
per acre paid by the Developer in 2004 for its adjoining land. Piper’s Cay will pay documentary stamps and
recording costs, and accept the property in “AS IS” condition. Staff recommends the sale of this property as
it will: (i) lessen the County’s potential liability and maintenance
responsibilities; and (ii) return the parcel to the tax roll. The County will retain mineral rights in
accordance with F.S. Section 270.11, but will not retain rights of entry and
exploration. (PREM) District 6 (HJF)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
14. Staff
recommends motion to approve: a First Amendment to the Agreement
(R2004-0645) with Florida Fish and Wildlife Conservation Commission (FWCC),
allowing for interoperable communications through the countywide common groups
of the County’s 800 MHz Radio System, to extend the term of the Agreement
through April 11, 2014. SUMMARY: The Agreement which provides the terms and
conditions under which FWCC can program into its radios and utilize the
countywide common talk groups for certain types of inter-agency communications
will expire on April 12, 2009. The Agreement
provides for three (3) – five (5) year renewals but renewals require approval
by both parties. The FWCC has approved a
renewal to extend the term of the Agreement through April 11, 2014. The renewal now requires Board approval. The terms of the Agreement are standard and
have been offered to all municipalities and local branches of federal agencies
with 800 MHz trunked radio capabilities.
There are no charges associated with this Agreement. FWCC is required to pay all costs associated
with subscriber units and to comply with the established operating procedures
for the System. The Agreement may be
terminated by either party, with or without cause. (FDO/ESS) Countywide (JM)
15. Staff recommends motion to approve: Amendment No. 1 to Restated Sublease and Fuel Provision Agreement (R2006-2005) with the City of West Palm Beach. SUMMARY: On September 12, 2006, the Board approved the Restated Sublease and Fuel Provision Agreement with the City providing for the construction of one (1) hanger bay and associated space on behalf of the City, at the City’s cost and expense. The specific scope of work was described in an exhibit to the Agreement. During construction, the scope of work was changed via the normal Change Order process for a variety of reasons and this Amendment No. 1 recognizes those changes but without any change to the cost of the work. The project is nearing completion with occupancy to occur within the next 30 days. (FDO Admin) District 2 (HJF)
I. HOUSING &
COMMUNITY DEVELOPMENT
1. Staff recommends motion to receive and file:
A) State Housing Initiative Partnership (SHIP) Purchase Assistance Report for Grant Year 2006/2007; and
B) SHIP Purchase Assistance Report for Grant Year 2007/2008.
SUMMARY: In accordance with Housing & Community Development Policies and Procedures, the Commission on Affordable Housing is providing to the Board of County Commissioners an Annual Reports summarizing SHIP expenditures under the First Time Home Buyers/Purchase Assistance Program. This report covers funding provided to Palm Beach County for the State’s Grant Years 2006/2007 and 2007/2008. During the 2006/2007 SHIP Grant Year (July 1, 2006 – June 30, 2007), the Commission on Affordable Housing funded 139 homebuyer applicants expending $5,786,826.70 and leveraging $16,288,980.93 in private sector funding. During the 2007/2008 SHIP Grant Year (July 1, 2007 – June 30, 2008), the Commission on Affordable Housing funded 145 homebuyer applicants expending $6,456,527.40 and leveraging $20,238,840.07 in private sector funding. Countywide (TKF)
2. DELETED
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
3. Staff recommends motion to receive and file: three (3) Agreements funded under the 2005 Disaster Recovery Initiative (DRI) Program for the implementation of housing rehabilitation programs as follows:
A) an Agreement with the City of Delray Beach, for the period of January 31, 2008, to December 31, 2008, to provide $980,000;
B) an Agreement with the City of West Palm Beach, for the period of April 1, 2008, to January 31, 2009, to provide $3,045,361; and
C) an Agreement with the City of Riviera Beach, for the period of March 24, 2008, to January 15, 2009, to provide $1,236,000.
SUMMARY: On February 16, 2007, Palm Beach County entered into an Agreement with the Florida Department of Community Affairs (DCA) to receive up to $19,035,920, for various projects to be funded under the 2005 DRI Program. The three (3) Agreements provided herein are funded under this Agreement with DCA. The County Administrator executed these three Agreements under the authority provided by the Palm Beach County Board of County Commissioners on July 18, 2006, via Resolution No. R2006-1351. These are Federal Community Development Block Grant funds which do not require local matching funds. Districts 2, 4 & 7 (TKF)
4. Staff recommends
motion to approve: Amendment
No. 001 to Agreement (R2008-0058) with The Urban League of Palm Beach County,
Inc. for the provision of direct housing counseling services. SUMMARY: The
Urban League of Palm Beach County, Inc. operates a countywide Housing
Counseling Program. Amendment No. 001
reduces the number of persons to be served annually from 450 unduplicated
households to 72 unduplicated individuals.
This reduction is necessitated by the substantial decrease in the level
of Community Development Block Grant (CDBG) funding provided to the Urban
League during FY 2007-2008. These are federal CDBG funds that require no
local match. Countywide (TKF)
5. Staff recommends
motion to approve:
Amendment No. 001 to an Agreement (R2007-1324) with the City of Delray Beach
extending the expiration date from July 31, 2008, to December 31, 2008, for the
expenditure of $252,500 in 2005 Disaster Recovery Initiative Program funds. SUMMARY: The Amendment provides an
extension of five (5) months to the term of the existing Agreement for the
extension of Mango Drive and SW 7th Avenue in the City of Delray
Beach. The time extension is needed to
make up for time lost during the process of obtaining right of way dedications.
These are Federal funds that require no
local match. District 7 (TKF)
6. Staff recommends
motion to approve:
Amendment No. 001 to Agreement (R2007-1332) with Northwest Riviera Beach
Redevelopment Corporation amending the contract’s effective date to run July 1,
2007, through February 28, 2009. SUMMARY: On August 21, 2007, the BCC approved Agreement (R2007-1332) with
Northwest Riviera Beach Community Redevelopment Corp. in the amount of $420,000
for the development of affordable housing and operating expenses as a Community
Housing Development Organization (CHDO). Approval of this
amendment will establish a new effective date and extend the Agreement for an
additional six (6) months. This extension is necessary because of delays with
the organization’s SHIP supported “Brooks Subdivision Project”. As well, this
amendment will also permit Northwest Riviera Beach Redevelopment Corporation to
be reimbursed for all eligible cost associated with these CHDO activities in
accordance with the original agreement. This
agreement provides Federal HOME funds whose local matching requirements are
addressed through State Housing Initiative Program funds. District 7 (TKF)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
I. HOUSING &
COMMUNITY DEVELOPMENT (Cont’d)
7. Staff recommends
motion to approve: a Conditional Grant Agreement with Brook’s
Subdivision, LLC, a Florida Limited Liability Corporation, for $700,000 in
State Housing Initiative Partnership (SHIP) Homeownership Development Program
funds. SUMMARY: Palm Beach County Housing and Community Development
(HCD) through its Commission of Affordable Housing (CAH) provides SHIP
financing to local developers to facilitate increased affordable homeownership
opportunities. This Agreement provides $700,000 towards site acquisition and
construction of eighteen (18) single family homes reserved for households of
very low, low and moderate income. As a result, the purchase price of each home
will be reduced by $38,888.89. Ten (10) of these homes will be exclusively
reserved for very low and low-income households allocating five (5) units in
each income category. The other eight (8) homes may be sold to households of up
to (but not to exceed) moderate income. This CAH financing is a conditional
grant which will encumber the entire project until all housing units are sold
to eligible homebuyers. Default
provisions apply if Brook’s Subdivision, LLC fails to acquire the property by
December 31, 2008, and if the 18 single-family homes have not been completed
and conveyed to eligible households by December 31, 2010. If any of the
milestones are not met, immediate repayment is required. Brook’s Subdivision
project was reviewed by the Commission on Affordable Housing’s Advisory
Committee on November 16, 2006 and conceptually approved by the Palm Beach
County Board of County Commissioners (BCC) on December 5, 2006. The total
project cost is $6,410,000. These are State funds which require no local match. District 2 (TKF)
8. Staff recommends
motion to approve:
establishing the maximum subsidy moderate income households can receive for
housing purchase assistance during the 2008/2009 State Housing Initiative
Partnership (SHIP) Program grant year, at $15,000. The currently approved
maximum subsidy to moderate income households is $45,000. SUMMARY: The SHIP Program
provides funding to the Commission on Affordable Housing (CAH) for various
programs designed to assist in the development and preservation of affordable
housing. These programs provide
financial assistance to eligible extremely-low, very low, low and moderate
income households. In order to ensure
the CAH meets the State mandated very-low income expenditure goals, the CAH
Advisory Committee (on June 26, 2008) recommended that moderate income
households receive a maximum subsidy of $15,000. This recommendation only
impacts subsidy requests for the housing Purchase Assistance Program during the
2008/2009 SHIP grant year. All other subsidy assistance amounts will remain
unchanged. Countywide (TKF)
K. WATER
UTILITIES
1. Staff recommends motion to approve: a Mutual Release with Garney Companies, Inc. SUMMARY: On October 18, 2005, the Board approved a contract with Garney Companies, Inc. (Garney) (R2005-2073) in the amount of $13,627,020 to install potable water mains and wastewater force mains for the Water Utilities Department Northern Region Utility Improvement Project. In performing the work required under the contract, Garney failed to regrade a section of the 40th Street Canal (“Canal”) to the elevations specified in the contract documents. By execution of this mutual release, Garney agrees to reimburse the County the sum of $90,000 for warranty work to re-grade the Canal to the specified elevations in lieu of performing the work themselves. In exchange for this payment, the County agrees to release Garney from any liability related to Garney’s failure to properly regrade the Canal. (WUD Project No. 04-227 B) District 6 (MJ)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
2. Staff recommends
motion to approve: a Partial Release of Utility
Easement on land owned by South Florida Federal Partners - West Palm Beach,
LLC. SUMMARY: This document will release the County’s interest in a portion of a utility
easement recorded in the official records of Palm Beach County in Book 21590
Page 1619. During re-development of the Royal Palm Business Plaza the property
owner contacted Water Utilities Department to redesign the existing utilities a
removing portion of the existing water main piping system (PBCWUD Project No.
08-543). Water Utilities Department confirmed that the removal of the utilities
does not interfere with the operation of the utility system. The owner now
requests release of the portion of the original easement. The Water Utilities Department concurs with
this request and, therefore, recommends the partial release. District 6 (MJ)
3. Staff recommends
motion to receive and file: one
(1) Agreement for Emergency Generator Purchase, Operation and Maintenance with
Boca Greens Homeowners Association. SUMMARY:
On March 14, 2006, the Board of County Commissioners delegated the
authority to execute Emergency Generator Purchase, Operation and Maintenance
Agreements (Agreements) to the County Administrator or his designee. The County Administrator has delegated this
approval to the Palm Beach
County Water Utilities Department
Director. These Agreements provide
property owners with the ability to fund the purchase of emergency generators
for lift stations located within their community. The Department will assign the community its
generator(s), locate the generator(s) on-site during hurricane season, and
operate and maintain the generator(s) during emergencies. By executing such Agreements, the Department
is able to expedite its goal of providing a higher level of emergency response
service throughout its service area. Power outages that occur during hurricanes and other emergencies require
the Department to operate a system of emergency generators at wastewater pump
stations to prevent wastewater from backing up into streets, swales, and
residents’ homes. Due to the great
number of lift stations and limited staffing resources, the Department is not
able to place an emergency generator at every lift station. These Agreements will increase the number of
generators available to the Department during emergencies. District 5 (MJ)
4. Staff recommends motion to approve: a Contract with TLC Diversified, Inc. to construct the South Bay Master Lift Station No.1 – Rehabilitation Project in the amount of $337,837. SUMMARY: On June 4, 2008, five (5) construction bids were received for the South Bay Master Lift Station No.1 - Rehabilitation Project, with TLC Diversified, Inc. being the low bidder in the amount of $337,837. This Contract provides for the rehabilitation/replacement of one (1) master lift station within the City of South Bay’s wastewater collection system. The Department staff recommends award of this contract to TLC Diversified, Inc. in the amount of $337,837. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15.00% overall. This Contract provides for 15.08% SBE participation. Funding for this project has been allocated by Palm Beach County Department Housing & Community Development (HCD) under Community Development Block Grant (CDBG) Program. These are Federal CDBG funds that require no local match. (WUD Project No. 07-099) District 6 (JM)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
5. Staff recommends
motion to approve: a Partial Release of Utility
Easement on land owned by Golfview Shopping Plaza Associates, LLP. SUMMARY: This
document will release the County’s interest
in a portion of a utility easement recorded in the official records of Palm
Beach County in Book 9859, Page 1888.
During re-development of the Golfview Shopping Plaza the property owner
contacted Water Utilities Department to point out that a portion of a recorded
utility easement does not follow alignment of existing utilities. Water
Utilities Department confirmed that the alignment of the utilities does not
agree with the recorded utility easement. The owner now requests release of the
portion of the original easement. The
Water Utilities Department concurs with this request and, therefore, recommends
the partial release. District 3 (MJ)
6. Staff recommends
motion to receive and file: two
(2) Standard Development Agreements and one (1) Standard Development Renewal
Agreement complete with executed documents received during the months of June
and July 2008:
Standard Development Agreements
A) Westgate
One, LLC (District 2) 01-01211-000
B) W
& W XXIII, LLC (District
3) 05-01098-000
Standard
Development Renewal Agreement
C) Hideaway
Ranch I, LLC (District 5) 09-01038-R01
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)
7. Staff recommends
motion to approve: an Amendment to an Interlocal Agreement with the
City of West Palm Beach related to reclaimed water service (“Interlocal
Agreement.”) SUMMARY: On May 20, 2008,
the Board of County Commissioners (BCC) approved Interlocal Agreement
(R2008-0908) related to the County providing reclaimed water to the Florida
Power and Light (FPL) West County Energy Center (WCEC), which at the time had
not yet been approved by the City of West Palm Beach (WPB). Subsequent to the BCC’s approval of the
Interlocal Agreement, WPB added Section 3.7 related to the County’s
responsibilities for environmental mitigation.
Water Utilities is agreeable with the additional mitigation
language. There are no other changes to
the Interlocal Agreement that the BCC approved on May 20, 2008. Countywide
(MJ)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
8. Staff recommends
motion to approve:
A) annual renewal of the Contract for Disaster
Recovery Design/Build Services with CH2M Hill, Inc. (R2006-1934) from September
12, 2008, to September 12, 2009; and
B) extend the term of
Agreement from September 12, 2009, to December 31, 2009.
SUMMARY:
On
September 12, 2006, the Board approved a Contract for Disaster Recovery
Design/Build Services with CH2M Hill, Inc. (R2006-1934). The
Contract has an annual renewal requirement.
On
August 21, 2007, the Board approved the first renewal of the Agreement
(R2007-1338). To-date, the Consultant has been issued five (5)
design authorizations and four (4) construction authorizations for work related
to hurricane hardening of the Department’s water and wastewater treatment
plants. The contract with CH2M
Hill includes the 15.0% overall Small Business Enterprise (SBE) participation
goal established by the Palm Beach County SBE Ordinance (No. 2002-064). The
consultant’s cumulative SBE participation is 26.94% overall. The Department
requests this contract be renewed as prudent planning to ensure the integrity of the
County’s water and wastewater infrastructure prior to, during, and immediately
following natural disasters. The third year of the Agreement is from September 12, 2008,
to September 12, 2009. Staff recommends
extending the final term of the Agreement from September 12, 2009, to December
31, 2009 to provide continuity of disaster recovery design/build services
during the 2009 hurricane season. (WUD 06-103) Countywide (JM)
9. Staff recommends
motion to receive and file: Unilateral
Termination and Partial Release of Standard Potable Water and Wastewater
Development Agreement Due to Non-Renewal for the following property owners:
Termination of Standard Development
Agreements
A) Gardens of Pine Ridge, Inc. (District 2) 01-01108-000
B) West Palm Beach Baptist-Seventh Day Church
(District
2) 01-01109-000
C) Vista Business Park, Inc. (District 2) 01-01111-000
D) Classique Homes, Inc. (District 3) 02-01070-000
E) Strata Development Corp. (District 6) 02-01071-000
SUMMARY: The terms and conditions for Standard
and Non-Standard Development Agreements are outlined in the Water Utilities
Department’s Uniform Policies and Procedures Manual (UPAP). Development Agreements are valid for a period
of five (5) years and may be renewed for an additional five (5) years by paying
an additional Mandatory Agreement Payment (MAP). If the additional MAP is not
paid or the Agreement has reached its ten-year expiration date, the Agreement
is terminated. This agenda item recommends the Board receive and file the
terminations. Countywide (SF)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
10. Staff recommends
motion to approve: a First
Amendment to Reclaimed Water Agreement (03-90005-000) with West Atlantic
Property Associates, LLC (R2007-0789). SUMMARY:
Reclaimed water agreements are required for those property owners
seeking to obtain reclaimed water service from the County in order to comply
with the requirements of the Florida Department of Environmental Protection and
the Water Utilities Department. While
the Department normally utilizes standard Agreements that are executed at the
Department level, non-standard Agreements are sometimes required to handle
special circumstances such as this where reclaimed water is not presently
available. West Atlantic Property
Associates, LLC has agreed to install a reclaimed water pipeline along its
entire south property line at its sole cost, and this line will remain dry
until reclaimed water mains are later extended to the property. West Atlantic
Property Associates, LLC has also agreed to pay the County $7,475 as a
contribution toward construction of the future off-site reclaimed water
main. Within 60 days of notification
that reclaimed water is available, West Atlantic Property Associates, LLC will
use the reclaimed water for landscape irrigation. Until that time, West
Atlantic Property Associates, LLC will obtain necessary approvals to use
non-reclaimed water for irrigation. District
5 (MJ)
11. Staff recommends
motion to receive and file: one
(1) Standard Development Renewal Agreement complete with executed documents
received during the month of July 2008.
Standard
Development Renewal Agreement
A) Woolbright Jog, LLC (District
5) 05-01058-R01
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: Budget Transfer of $100,000 within the Capital Outlay Fund from the Loxahatchee River Pedestrian Bridge to the Loxahatchee Slough Pedestrian Bridge. SUMMARY: The transfer within the Capital Outlay Fund reduces funding for the Loxahatchee River Pedestrian Bridge. This project was difficult to get sited due to the involvement of multiple agencies, and will be built in the future by the Florida Department of Transportation during the widening of the Florida Turnpike. Funding will increase the Loxahatchee Slough Pedestrian Bridge for $100,000 to connect the Loxahatchee Slough Natural Area over the West Leg of the C-18 canal. District 1 (SF)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends
motion to:
A) grant a Deed of Conservation Easement to the South Florida Water Management District (SFWMD) over the Pond Cypress Natural Area; and
B) adopt a Resolution establishing a standard form conservation easement that may be placed on other County-owned natural areas as part of the Environmental Resource Permitting process.
SUMMARY: The 1,736.18-acre County-owned Pond Cypress Natural Area is managed by the Palm Beach County Department of Environmental Resources Management (ERM). A Deed of Conservation Easement is required to be granted to the SFWMD over 544.33 acres in the north portion of the natural area (Section 1, Township 43 South, Range 41 East) by SFWMD Permit No. 50-05422-P, Application No. 030321-4 for the construction of Persimmon Boulevard south extension from 110th Avenue North to Okeechobee Boulevard (Acreage Reliever Road). The remaining 1,191.85 acres of the Pond Cypress Natural Area are included in this Deed of Conservation Easement in accordance with the Board’s desire to establish conservation easements on all County natural areas (R2005-1770). The intent of the standard form conservation easement for natural areas as part of Environmental Resource Permitting processes is to implement an efficient mechanism to grant conservation easements for natural areas with restoration projects and/or wetland mitigation projects detailed in Board-approved management plans. District 6 (JMB)
3. Staff recommends
motion to:
A) approve a Grant Agreement with the Metropolitan
Planning Organization (MPO) to provide $100,000 in funding for the design,
permitting, and construction of a water taxi docking facility at the Snook Islands
Natural Area situated along the western shore of the Lake Worth Lagoon within
the City of Lake Worth;
B) approve a Budget Transfer in the Metropolitan Planning Organization Fund from Palm
Beach County Water Taxi Facilities to transfer to the Capital Outlay Fund for
$100,000;
C) approve a Budget Amendment in the Capital Outlay Fund recognizing the transfer
from the Metropolitan Planning Organization Fund and increasing the Snook
Islands Natural Areas Project by $100,000;
D) authorize the County Administrator or his designee to
sign all future time extensions, task assignments, certifications and other
forms associated with the project agreement, and necessary minor agreements
that do not change the scope of work or terms and conditions of the agreements
if any or all the grants are approved; and
E) authorize the Director of the Department of
Environmental Resources Management to serve as Liaison Agent for this project.
(ERM)
SUMMARY: This Agreement will provide $100,000 for the construction of a water taxi facility within the Snook Islands Natural Area Public Use Facility. These funds will supplement the existing construction budget ($1,279,150) and potentially save County funds previously committed for this project to be used for future maintenance. The construction of the public use facility includes a boardwalk and covered gazebo, fishing pier, floating docks (including water taxi docking), and a kiosk. As the floating docks are designed to accommodate a water taxi service, no additional costs will be incurred by the County in providing this feature. No local match is required to qualify for these funds. The construction of the project is scheduled to begin in the spring of 2009 with the term of this Agreement to run ten (10) years. District 3 (SF)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
4. DELETED
5. Staff recommends
motion to:
A) adopt a Resolution authorizing the Clerk of the Board to disburse $205,000 from the Vessel Registration Fee Trust Fund for the construction of the John’s Island Oyster Reef; and
B) approve a Budget Transfer of $205,000 in the Environmental Enhancement Saltwater Fund from Reserves to the Environmental Enhancement Project.
SUMMARY: The $205,000 Resolution and Budget Transfer provide the necessary matching funds for the construction of the John’s Island Oyster Reef in the Lake Worth Lagoon. The project consists of the placement of 5,000 tons of small limestone boulders within a 3.5 acre area to promote the recruitment of oysters. This project will supplement an earlier environmental restoration effort on the 7.1 acre John’s Island that was completed in 2005. District 7 (SF)
6. Staff recommends
motion to:
A) approve a Grant Agreement No. 09PB1 with the Florida Department of Environmental Protection (FDEP) in the amount of $37,310.50 for cost-sharing on the Jupiter/Carlin Shore Protection Project (Project) through March 1, 2010;
B) approve a Task Order No. 0410-05 to a continuing Contract (R2008-0410) with Taylor Engineering, Inc. (Taylor) in the amount of $164,763 for coastal engineering and support services for the Project;
C) approve a Budget Amendment in the Beach Improvement Fund increasing the Project by $37,311; and
D) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications and other forms associated with this Grant Agreement, and necessary minor amendments that do not change the scope of work or terms and conditions of the Agreement.
SUMMARY: The BCC approved the Contract with Taylor on March 11, 2008 (R2008-0410). Under this Contract, five (5) task orders, including Task Order No. 0410-05, have been issued totaling $651,058. Task Order No. 0410-05 authorizes Taylor to perform coastal engineering which includes beach fill design and permitting for the Project. There is 0% SBE-MBE subconsultant participation on this Task Order. Taylor’s SBE-MBE goal is 15%. To date, Taylor’s total SBE-MBE participation, including Task Order No. 0410-05, is 5.4 %. Under the terms of this Agreement, FDEP will reimburse 50% of the non-federal project costs or $37,310.50. Federal cost sharing for Project construction and design costs will also be available after the County and the U.S. Army Corps of Engineers re-negotiate a new Project Cooperation Agreement (PCA). When the PCA is finalized, the federal cost share will be 54.71% of the total costs for the Project. District 1 (JM)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
7. Staff recommends motion to adopt: a Resolution that repeals Resolution R96-1489 which created the Artificial Reef and Estuarine Enhancement Committee (AREEC) as it is presently constituted, and recreates the AREEC under the same provisions as R96-1489 except for modifying membership requirements and adding two (2) members. SUMMARY: The Resolution modifies the commercial fishing category in response to difficulty in filling the appointment due to the decline in local commercial fishing and modifies the local government category to any government. Two (2) more general members are added to the Committee to allow for broader citizen input. If it becomes difficult to fill the seat with a representative from one of the existing seven (7) categories, the revision allows those seats to be filled by general members. To ensure staggered terms, one (1) new general member shall be appointed to an initial term of four (4) years and the other new general member shall be appointed to an initial term of three (3) years. All current Committee members are retained and term expiration dates are unchanged. Countywide (HF)
8. Staff recommends
motion to:
A) receive and file a Declaration of Restrictive Covenants No. 07-010-FF7 and Grant Award Calculation statement (GAC) awarding a net of $6,595,500 from the Florida Communities Trust (FCT) reimbursing a portion of the Cypress Creek Natural Area Phase III acquisition costs; and
B) approve a Budget Amendment of $6,595,500 in the
Natural Areas Fund to recognize the receipt of a reimbursement grant from the
Florida Communities Trust (FCT) for property purchased as part of the Cypress
Creek Natural Area.
SUMMARY: A delegation of authority for execution of the standard County contract(s), agreement(s) or grant(s) above was approved by the BCC in Board item No. 3L-10 on November 21, 2006 (R2006-2485), pursuant to PPM No. CW-O-051. The Budget Amendment of $6,595,500 will recognize grant proceeds from FCT for property originally purchased in FY 2007. A Grant Contract with FCT was approved December 18, 2007 (R2007-2280) to receive Florida Forever Revenue Bond proceeds, partially covering acquisition expenses for the Cypress Creek Natural Area Phase III property for an amount that is the lesser of 50% of the total approved project costs or $6,600,000. District 1 (SF)
9. Staff recommends motion to receive and file: delegated construction agreement for the month of July 2008 - Purchase Order in the amount of $49,793.60 with The Vance Construction Co. for the Peanut Island Breakwater Construction Project No. 2008ERM05 (0% SBE participation). SUMMARY: This is Environmental Resources Management’s monthly Receive and File submission of construction agreements under $200,000 signed by the ERM Director as allowed under the Purchasing Ordinance (Ordinance No. 2005-062). District 1 (JM)
10. Staff recommends motion to adopt: a Resolution requesting that the Florida Department of Environmental Protection (FDEP) review a funding application and support funding for shoreline protection projects within its Fiscal Year 2009/2010 Beach Erosion Control Assistance Program. SUMMARY: The County is requesting that the State appropriate $1,863,000 for the Jupiter/Carlin Shore Protection Project, $550,000 for the Jupiter Beach Erosion Control/Dune Restoration Project, $625,000 for the Juno Beach Shore Protection Project, $4,014,400 for the Singer Island Shore Protection Project, $4,625,000 for the South Palm Beach Shore Protection Project, $43,500 for the South Lake Worth Inlet Management Plan, $114,500 for the Ocean Ridge Shore Protection Project, and $80,670 for all permit-required monitoring associated with eligible projects. If the State Legislature approves funding for all of the projects, the County’s matching share would be $14,291,830. Districts 1 & 4 (SF)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION
1. Staff recommends
motion to receive and file: original executed Request for Funding Form
for School Board Recreation Assistance Program (RAP) project for H.L. Johnson Elementary School in an amount not to exceed
$5,000 for funding of the After School Program. Summary: This fully executed Request for Funding Form
is for School Board RAP allocations made in accordance with the Interlocal
Agreement for the funding of RAP Projects (R2003‑1747), as amended.
Funding is from the Recreation Assistance Program (RAP) District 6 Funds. District 6 (AH)
2. Staff recommends motion
to receive and file: original executed Request for Funding Form for
School Board Recreation Assistance Program (RAP) project for John I. Leonard
Community High School in an amount not to exceed $5,000 for funding of the
Boys’ Basketball Program. Summary: This fully executed Request for Funding Form
is for School Board RAP allocations made in accordance with the Interlocal
Agreement for the funding of RAP Projects (R2003-1747), as amended. Funding is
from the Recreation Assistance Program (RAP) District 2 Funds. District 2 (AH)
3. Staff recommends
motion to receive and file: original executed Amendment to Request for
Funding Form for School Board Recreation Assistance Program (RAP) project for
Atlantic Community High School for the purchase of band uniforms (R2008‑0544)
to extend the project completion date from September 1, 2008, to December 31,
2008. Summary: This
fully executed Amendment to Request for Funding Form is being processed in
accordance with the Interlocal Agreement for the Funding of Recreation
Assistance Program (RAP) Projects (R2003-1747), as amended. District 7 (AH)
4. Staff recommends
motion to approve: Agreement with The Center for Youth Activities, Inc.
for the period August 19, 2008, through December 30, 2008, in an amount not to
exceed $40,000 for funding of after school programs. Summary: This funding is to assist with expenses
for the after school programs provided at Veterans Park by The Center for Youth
Activities, Inc. The programs serve
approximately 108 youth from age 5 to 12 and their parents. The Agreement
allows for the reimbursement of eligible project costs incurred subsequent to
September 1, 2007. Funding is from the
Recreation Assistance Program (RAP) District 5 Funds. District
5 (AH)
5. Staff recommends
motion to approve: Agreement with Florida Atlantic University in an
amount not to exceed $30,000 for the period August 19, 2008, through August 14,
2009, for the purchase and installation of a communications/phone system for
the new Pine Jog Facility. Summary:
This funding is to assist with the cost of a communications/phones system
for the Pine Jog Environmental Education Center’s new facility. Approximately
40,000 people annually are served at the Pine Jog Environmental Education
Center. The Agreement allows for the reimbursement of eligible expenses
incurred subsequent to May 15, 2008. Funding is from the Recreation Assistance
Program (RAP) District 2 Funds. District
2 (AH)
6. Staff recommends
motion to approve: Agreement
with T. Leroy Jefferson Medical Society, Inc. for the period August 19, 2008,
through October 31, 2008, in an amount not to exceed $5,000 for funding of the
Eighth Annual Community Health Fair. Summary: This funding is to help offset costs for
a community health fair event held on April 26, 2008, at Dr. Mary McLeod
Bethune Elementary School. The event was attended by more than 1,000
participants. The Agreement allows for the reimbursement of eligible expenses
incurred subsequent to February 1, 2008. Funding is from the Recreation
Assistance Program (RAP) District 7 Funds.
District 7 (AH)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
7. Staff recommends motion
to approve:
A) Agreement
with Riviera Beach Maritime Academy Corp. for the period August 19, 2008,
through December 31, 2008, in an amount not to exceed $10,000 for funding of
the Lake Worth Lagoon Partnership Artificial Reef project;
B)
a Budget Transfer of $10,000
in the Transportation Improvement Fund from Reserve for District 7 to the
County Transportation Trust Fund;
C)
a Budget Transfer of $10,000
in the Transportation Trust Fund increasing the annual transfer from the
Transportation Improvement Fund and decreasing the annual transfer from the
General Fund;
D)
a Budget Transfer of $10,000
in the General Fund decreasing the annual transfer to the County Transportation
Trust Fund and increasing the annual transfer to the Park Improvement Fund; and
E)
a Budget Amendment of $10,000
in the Park Improvement Fund increasing the annual transfer from the General
Fund and increasing the appropriation to the District 7 Recreation Assistance
Program.
Summary: This funding in the amount of $10,000 is to help offset costs paid by
Riviera Beach Maritime Academy Corp. for the Lake Worth Lagoon Partnership
Artificial Reef Project. The Agreement
allows for the reimbursement of eligible project costs incurred subsequent to July
1, 2007. The budget transfers and budget amendment increase the gas tax support
and decrease the ad valorem support of the County Transportation Trust Fund,
thereby allowing for the allocation of $10,000 from available ad valorem
support to the District 7 Recreation Assistance Program. At the November 21, 2006 Board meeting, the
flexibility of up to $200,000 in transfers was approved for this purpose. With
the approval of this project, the remaining balance available in transfers for
District 7 for FY 2008 is $130,000. District 7 (AH)
8. Staff recommends
motion to receive and file: executed Independent Contractor Agreements received during the months of
June and July:
A) 3D Diving, Inc., Competitive
Diving Coach, North County Aquatic Complex;
B) Valerie Bell, Crafts and Fun,
West Jupiter Recreation Center;
C) Valerie Bell, Crafts and Fun, West
Jupiter Recreation Center;
D) Mark Fischer, Sushi Making
Workshop, Okeeheelee Nature Center; and
E) Eric Householder, GPS
Instructor, Okeeheelee Nature Center.
Summary: In accordance with County PPM CW-O-051, all delegated
contracts/agreements/grants must be submitted by the initiating Department as a
receive and file agenda item. The
Independent Contractor Agreements have been fully executed on behalf of the
Board of County Commissioners (Board) by the County
Administrator/Director/Assistant Director of the Parks and Recreation
Department in accordance with Resolution 94-422, amended by Resolutions 02-2103
and 07-0409, and are now being submitted to the Board to receive and file. Districts 1 & 6 (AH)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
9. Staff recommends
motion to:
A) approve Grant Agreement with the Palm Beach
Metropolitan Planning Organization (MPO) in an amount not to exceed $100,000
for funding of the design, permitting, and construction of a water taxi
facility at DuBois Park;
B) authorize the County Administrator or his designee to
execute the Grant Agreement and all future time extensions, task assignments,
minor amendments, and other necessary forms and certifications during the term
of the Grant Agreement that do not change the amount of funding, scope of work,
or terms and conditions of the Agreement;
C) authorize
the Director of the Parks and Recreation Department to serve as Liaison Agent
with the MPO for this project;
D)
approve a Budget Transfer
of $100,000 in the Metro Planning Organization Fund for PBC Water Taxi
Facilities from Contributions to Other Governmental Agencies to transfer to
Park Improvement Fund; and
E)
approve a Budget Amendment
of $100,000 in the Park Improvement Fund to recognize the transfer from the Metro
Planning Organization Fund.
Summary: This Grant Agreement provides an amount not to exceed $100,000 for
construction of a water taxi facility on the Jupiter Inlet at DuBois Park. The estimated cost for the water taxi
facility is $101,864, and the additional funding of $1,864 will be provided
from previously established funding from the 2004 Waterfront Access Bond for
the DuBois Marina and Shoreline Stabilization project. The construction of the
water taxi facility will be completed by the required project completion date
of April 1, 2009. The term of this Grant
Agreement is for ten (10) years, until August 18, 2018. Funding is from the U.S. Department of
Transportation, Ferry Boat Discretionary Program, through the State of Florida
Department of Transportation, and is administered by the Palm Beach Metropolitan
Planning Organization. District 1 (AH)
10. Staff recommends
motion to approve: Agreement
with The Salvation Army for the period September 9, 2008, through December 30,
2008, in an amount not to exceed $6,000 for funding of after school
programs. Summary: This
funding is to help offset costs for after school programs for children and
youth held at the Salvation Army Northwest Community Center in West Palm Beach.
The programs serve approximately 200 participants. The Agreement allows for the
reimbursement of eligible expenses incurred subsequent to January 1, 2008. Funding is from the Recreation Assistance
Program (RAP) District 7 Funds. District
7 (AH)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
11. Staff recommends
motion to:
A) receive and file original executed Request for Funding Form
for a School Board Recreation Assistance Program (RAP) project for Sunset Palms
Elementary School in an amount not to exceed $53,200 for funding of murals,
benches, free-time reading libraries, and community/after school reading and
resource center furnishings;
B)
approve a Budget Transfer
of $53,200 in the Transportation Improvement Fund from Reserve for District 5
to the County Transportation Trust Fund;
C)
approve a Budget Transfer
of $53,200 in the Transportation Trust Fund increasing the annual transfer from
the Transportation Improvement Fund and decreasing the annual transfer from the
General Fund;
D)
approve a Budget Transfer
of $53,200 in the General Fund decreasing the annual transfer to the County
Transportation Trust Fund and increasing the annual transfer to the Park
Improvement Fund; and
E)
approve a Budget Amendment
of $53,200 in the Park Improvement Fund increasing the annual transfer from the
General Fund and increasing the appropriation to the District 5 Recreation
Assistance Program.
Summary: This funding in the amount of $53,200 is to
help offset costs paid by the School District for the new Sunset Palms
Elementary School in Boynton Beach. The
Request for Funding Form allows for the reimbursement of eligible project costs
incurred subsequent to July 10, 2008. The
budget transfers and budget amendment increase the gas tax support and decrease
the ad valorem support of the County Transportation Trust Fund, thereby
allowing for the allocation of $53,200 from available ad valorem support to the
District 5 Recreation Assistance Program.
At the November 21, 2006, Board meeting, the flexibility of up to
$200,000 in transfers was approved for this purpose. With the approval of this project, the
remaining balance available in transfers for District 5 for FY 2008 is $146,800. District 5 (AH)
12. Staff recommends
motion to approve: Agreement
with The Arthur R. Marshall, Jr.
Foundation and Florida Environmental Institute, Inc. for the period
September 9, 2008, through March 31, 2009, in an amount not to exceed $5,000
for funding of the Torry Island tree planting project. Summary: This funding is to help offset costs
incurred by The Arthur R. Marshall, Jr. Foundation and Florida Environmental
Institute, Inc. for spring and fall tree planting at Belle Glade’s Torry
Island, which is located in the south end of Lake Okeechobee. The project involves approximately 750
students and 250 adult volunteers. The
Agreement allows for the reimbursement of eligible expenses incurred subsequent
to January 1, 2008. Funding is from the
Recreation Assistance Program (RAP) District 6 Funds. District 6 (AH)
13. Staff recommends
motion to approve: Agreement
with the City of Delray Beach for the period September 9, 2008, through
December 30, 2008, in an amount not to exceed $12,000 for the 2008 Glory Awards
Event. Summary: This
funding is to offset the cost of the 2008 Glory Awards Event held by the City
of Delray Beach on August 29, 2008, at Crest Theater in Old School Square. The Event was attended by approximately 375
participants. The Agreement allows for
the reimbursement of eligible project costs incurred subsequent to January 1,
2008. Funding is from the Recreation
Assistance Program (RAP) District 4 ($5,000) and District 7 ($7,000)
Funds. District 7 (AH)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
14. Staff recommends
motion to receive and file: original executed Fourth Amendment to Request for Funding Form for
School Board Capital Projects for the Woodlands Middle School Covered Pavilion
Project (R2006-0390, R2006-1967, R2007-0047, R2007-1836) to extend the project
completion date from August 31, 2008, to August 31, 2009. Summary: This fully executed Amendment to Request
for Funding Form is being processed in accordance with the Interlocal Agreement
for the Funding of Recreation Assistance Program (RAP) Projects (R2003-1747),
as amended, approved by the Board on October 21, 2003. District 2 (AH)
15. Staff recommends
motion to approve: Agreement
with Ladies Professional Golf Association, Inc. for the period September 9,
2008, through December 30, 2008, in an amount not to exceed $5,000 for funding
of the 2007 LPGA Junior Golf Clinics/ADT Championship. Summary: This funding is to help offset costs
incurred by the Ladies Professional Golf Association, Inc. (LPGA) for the 2007
junior golf clinics and ADT Championship. The junior golf clinics were held at
Delray Beach Golf Club, John Prince Park, Okeeheelee Golf Course, and one
on-site clinic was held at the Trump International Golf Course during the 2007
ADT Championship. The clinics and ADT Championship were held in November of
2007. The junior golf clinics served approximately 600 participants. The
Agreement allows for the reimbursement of eligible expenses incurred subsequent
to October 1, 2007. Funding is from the Recreation Assistance Program (RAP)
District 2 Funds. Districts 2, 3 &
6 (AH)
16. Staff recommends
motion to receive and file: executed Independent Contractor Agreements
received during the month of July.
A) Myriam Delgado Bonilla-Toro, Jewelry Making Instructor, Therapeutic
Recreation Complex; and
B) Susan Allshouse, Tennis
Instructor, West Boynton Park and Recreation Center.
Summary: In accordance with County PPM CW-O-051, all delegated
contracts/agreements/grants must be submitted by the initiating Department as a
receive and file agenda item. The attached
Independent Contractor Agreements have been fully executed on behalf of the
Board of County Commissioners (Board) by the County
Administrator/Director/Assistant Director of the Parks and Recreation
Department in accordance with Resolution 94-422, amended by Resolutions 02-2103
and 07-0409, and are now being submitted to the Board to receive and file. District 3 (AH)
17. DELETED
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
18. Staff recommends
motion to approve:
A) a Budget Transfer of $146,750 in the
Transportation Improvement Fund from Reserve for District 5 to the County
Transportation Trust Fund;
B) a Budget Transfer of $146,750 in the
Transportation Trust Fund increasing the annual transfer from the
Transportation Improvement Fund and decreasing the annual transfer from the
General Fund;
C) a Budget Transfer of $146,750 in the
General Fund decreasing the annual transfer to the County Transportation Trust
Fund and increasing the annual transfer to the Park Improvement Fund; and
D) a Budget Amendment of $146,750 in the Park
Improvement Fund increasing the annual transfer from the General Fund and
increasing the appropriation to the District 5 Recreation Assistance Program.
Summary: This funding in the amount of $146,750 is for budget transfers and a budget
amendment to increase the gas tax support and decrease the ad valorem support
of the County Transportation Trust Fund, thereby allowing for the allocation of
$146,750 from available ad valorem support to the District 5 Recreation
Assistance Program. At the November 21, 2006
Board meeting, the flexibility of up to $200,000 in transfers per District per
year was approved for this purpose. This funding will be used for eight (8) District
5 recreational or cultural projects. Agreements for each of these eight (8) projects
will be brought to the Board for approval as soon as the required paperwork is
completed by the various agencies and municipalities. This allocation will
deplete the Transportation Improvement Funds available for transfer in District
5 for FY 2008. District 5 (AH)
19. Staff recommends
motion to approve:
A) a Budget Transfer of $76,175 in the
Transportation Improvement Fund from Reserve for District 7 to the County
Transportation Trust Fund;
B)
a Budget Transfer of $76,175
in the Transportation Trust Fund increasing the annual transfer from the Transportation
Improvement Fund and decreasing the annual transfer from the General Fund;
C) a Budget Transfer of $76,175 in the General
Fund decreasing the annual transfer to the County Transportation Trust Fund and
increasing the annual transfer to the Park Improvement Fund; and
D) a Budget Amendment of $76,175 in the Park
Improvement Fund increasing the annual transfer from the General Fund and
increasing the appropriation to the District 7 Recreation Assistance Program.
Summary: This funding in the amount of $76,175 is for
budget transfers and a budget amendment to increase the gas tax support and
decrease the ad valorem support of the County Transportation Trust Fund,
thereby allowing for the allocation of $76,175 from available ad valorem
support to the District 7 Recreation Assistance Program. At the November 21, 2006 Board meeting, the
flexibility of up to $200,000 in transfers per District per year was approved
for this purpose. This funding will be used for five (5) District 7
recreational or cultural projects. Agreements for each of these five (5)
projects will be brought to the Board for approval as soon as the required
paperwork is completed by the various agencies and municipalities. With the
approval of this allocation, the remaining balance available in transfers for
District 7 for FY 2008 is $53,825. District
7 (AH)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
N. LIBRARY
1. Staff recommends
motion to:
A) approve an Application
to the Florida Department of State, Division of Library and Information
Services, for State Aid to Libraries in an estimated amount of $1,041,135 for
FY 2009;
B) approve the Agreement for State Aid to Libraries; and
C) authorize the Chairperson
of the Board of County Commissioners to execute any other necessary forms and
certifications.
Summary: The State provides an annual operating grant to eligible libraries
based upon their annual operating expenditures from local funds. Estimated State Aid revenue has been included
in the County Library=s FY 2009 proposed budget. Countywide
(TKF)
P. COOPERATIVE
EXENSION SERVICE
1. Staff recommends
motion to approve: an Agreement with the Palm Beach Soil and Water
Conservation District in an amount not to exceed $79,000 to provide soil and
water resource conservation services for FY ‘08. Summary: This Agreement
provides funding for the Palm Beach Soil and Water Conservation District’s
(“District”) resource conservation activities. The District provides resource
conservation services to rural, agricultural, and urban communities to
facilitate soil and water conservation in Palm Beach County. Services include soil information and technical
assistance to improve water quality and quantity and soil planning in Palm
Beach County. Countywide (AH)
Q. CRIMINAL
JUSTICE COMMISSION
1. Staff recommends motion to approve: this amended and restated Interlocal Agreement (R2008-0088) with the City of Belle Glade to extend the termination date for the Youth Violence Prevention Project by 12 months, to September 30, 2009. SUMMARY: The City of Belle Glade was identified as one (1) of the five (5) cities at greatest risk for future violence as part of the Youth Violence Prevention Project (YVPP). The YVPP is in its second year of implementation and funding. The City of Belle Glade has identified space, hired a coordinator and is prepared to move forward with implementation of their plan. The Youth Empowerment Center in Belle Glade will be located at 227 SW 6th Street in Belle Glade, Florida. The County (Facilities Development & Operations) agrees to cause the transfer of title of two (2) mobile home vehicles at the County’s sole cost and expense. These funds are included in the FY 2008 approved budget as part of the City of Belle Glade’s original Interlocal Agreement (R2008-0088). The funds are intended to cover start-up and program costs of $300,000 ($113,000 for relocation of a donated modular) for FY 2008 and operating expenses of $300,000 for FY 2009. This Agreement will be extended by 12 months to expire on September 30, 2009. District 6 (DW)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL
JUSTICE COMMISSION (Cont’d)
2.
Staff recommends motion to approve:
A) a Professional Services Contract with South County Mental Health Center; and
B) a Budget Transfer of
$10,000 from Criminal Justice Reserve Fund reserves to provide funds to the
Crisis Intervention Team (CIT).
SUMMARY: The CIT team is a volunteer group of law enforcement
and mental health professionals. The funds will be used to provide financial
support to the CIT to assist them in providing crisis intervention training to
police officers countywide. The CJC approved this funding at its August 11,
2008 meeting. The training was also endorsed by the Public Defender and the
State Attorney. CIT has provided training sessions per year for the last five
(5) years using their own time. Over 500 officers have been trained thus far.
During this time physical confrontations between officers and the mentally ill
have been reduced. The CIT group needs Palm Beach County’s financial assistance
to continue to make this training available. Countywide (DW)
S. FIRE
RESCUE
1. Staff recommends motion to approve: the Chairperson to certify the non-ad valorem assessment roll for the MSBU (Municipal Service Benefits Unit) for Fire Hydrant Maintenance and Rental-Riviera Beach and for the MSBU for Fire Hydrant Maintenance and Rental-Boca Raton. SUMMARY: MSBU’s for fire hydrant maintenance and rental for Riviera Beach and Boca Raton were established in February 1993 by Ordinance No. 93-5. The current rates as established by Resolutions are $52.86 per parcel for Riviera Beach (R98-1023) and $23 per parcel for Boca Raton (R2008-0239). Every year the assessment roll must be certified by the Chairperson of the Board and the State Department of Revenue form DR-408A must be signed by the Chairperson for each MSBU. These forms and the tape of the assessment rolls must be submitted to the Tax Collector no later than September 15 of each year. Districts 5 & 7 (SB)
2. Staff recommends motion to approve: a Second Amendment to the Interlocal Agreement with the City of West Palm Beach (R99-1193D, as amended R2002-1933) relating to funding for Regional Hazardous Materials Emergency Response Services retroactive to October 1, 2007. SUMMARY: On October 6, 1998, the County entered into an Agreement (R98-1637D) with the Solid Waste Authority (SWA) to partially fund the costs of the Regional Hazardous Material (Hazmat) Services Response Teams. For fiscal year 2008, the funding amount is $1,622,986. Funding for subsequent fiscal years will be increased 3% annually. Under the Agreement, the SWA disburses the funding directly to the County. The County entered into separate Agreements with the municipal response teams to define the responsibilities of each of the parties and to allow the County to disburse the funds equally among each of the two (2) municipal response teams and two (2) County teams. The City of West Palm Beach provides one Hazmat emergency response team; therefore, the payment to the City of West Palm Beach for FY 2008 will be $405,746.50. The current Agreement with the SWA expires September 30, 2012. Approval of the Second Amendment to the Interlocal Agreement with the City of West Palm Beach will extend the term of the Agreement, retroactively from October 1, 2007, through September 30, 2012. Countywide (SGB)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
T. HEALTH
DEPARTMENT
1. Staff recommends
motion to adopt: a
Resolution of the Board of County Commissioners of Palm Beach County, Florida, adopting
the FY 2008/2009 budget for the Air Pollution Control Program. Summary:
This Resolution is required by the August 21, 1984, Agreement between the Board
of County Commissioners and the Palm Beach County Health Department (PBCHD) to
establish the annual budget for the expenditure of fees deposited into the Air
Pollution Control Trust Fund. This program is solely supported by motor vehicle
license registration fees. The proposed
FY 2008/2009 budget for the Air Pollution Control Program from this funding
source is $925,000 which is a 4.5% increase over the current year. This
increase can be accommodated by a large surplus in the Air Pollution Control
Trust Fund and will offset reduced funding for the Air Pollution Control
Program from another revenue source. Countywide
(GB)
U. INFORMATION
SYSTEM SERVICES
1. Staff recommends motion to approve: Amendment No. 2 to Statement of Work (R2007-1383) pursuant to contract with CGI-AMS (R2002-1782), extending effective date through September 30, 2008 with no additional expense. SUMMARY: Amendment No. 2 will provide additional time for CGI-AMS to complete requirements of Statement of Work which will add functionality to various modules in the Advantage System as approved by the Financial System Administration Team (FSAT). Countywide (PK)
2. Staff recommends
motion to approve: a Software License and Professional Services
Agreement with the Government of the U.S. Virgin Islands for a period of two (2)
years from October 1, 2008, to September 30, 2010, for the development and use
of a Business License Web Application which will generate revenues to the
County in the amount of $231,479. SUMMARY:
The Government of the U.S. Virgin Islands wishes to enter into a Software
License and Professional Services Agreement with Information System Services
(ISS) in order to develop and utilize a customized version of an existing Business
License Web Application. ISS will provide professional services for application
development for a fee not to exceed $87,979 and a one-time installation of the
Business License Web Application for an initial setup fee of $37,500. ISS will
host the application and database on an existing enterprise server. Thereafter,
the Agreement specifies that the Virgin Islands will pay the County a monthly
software lease fee of $1,500, increasing to $1,650 on October 1, 2009 and an
application hosting services fee of $3,500, increasing to $3,850 on October 1,
2009. The Agreement provides for a two (2) year period from October 1, 2008, to
September 30, 2010. Countywide
(PK)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
X. PUBLIC
SAFETY
1. Staff recommends motion to receive and file: Amendment No. 2 to a standard agreement with Children’s Healthcare Associates, P.A. (R2006-1321) in an amount not to exceed $54,000 for a period of October 1, 2008, through September 30, 2009, to provide services for Highridge Family Center. SUMMARY: When the original Contract was approved, the Board delegated the authority to the County Administrator, or his designee, to execute time extensions/amendments to the Contract. Countywide (DW)
2. Staff recommends
motion to receive and file: a
Standard Agreement with Xavier Garcia, D.V.M. d/b/a/ El Cid Animal Clinic, for
veterinary services, in an amount not to exceed $10,000 for the period of
October 1, 2007, through September 30, 2008.
SUMMARY: On
May 6, 1997, the Board adopted a Resolution authorizing the County
Administrator, or his designee, to execute standard contracts with various
licensed Florida veterinarians to provide needed part-time, relief and
emergency “on-call” professional medical services for shelter animals. Countywide
(SF)
3. Staff recommends motion to receive and file: the original executed Grant Agreement with Child & Family Connections to receive up to $34,651 per year of the contract for the Division of Justice Services supervised visitation services provided by the Family Connections program, for the period of July 1, 2008, through June 30, 2009. SUMMARY: Resolution R2005-1588 authorizes the County Administrator or his designee to execute grant contracts with Child & Family Connections to provide supervised visitation services. A County in-kind match of $3,850.11 is required by the grant. Countywide (DW)
Z. RISK
MANAGEMENT
1. Staff recommends
motion to receive and file: original executed Memorandum of Understanding for Exchange of Protected
Health Information. Summary: This fully executed Memorandum
of Understanding for Exchange of Protected Health Information with Health Care
District will serve as the instrument to facilitate the sharing of protected
health information. Countywide (TKF)
2. Staff recommends
motion to approve: an Agreement with
the law firm of Clarke & Platt, P.A., to provide workers’ compensation
litigation defense services for Palm Beach County and Palm Tran, Inc., for
claims of injury until September 30, 2011, with two (2) additional one (1) year
options at the same price, terms and conditions stated herein at $463,500 for
legal services for each of the County’s fiscal years 2008/2009, 2009/2010, and
2010/2011, plus reasonable costs and expenses not to exceed four (4) percent of
total fees ($18,540) per fiscal year. Payments
shall be made in four (4) equal installments (December 31, March 31, June 30
and September 30 of each fiscal year). Summary: The law firm of Clarke & Platt, P.A.,
has provided workers’ compensation litigation defense services to Palm Beach
County and a number of Constitutional Officers.
The contract with Clarke & Platt, P.A. expires on September 30,
2008. After a competitive selection process in which proposals ranged from
$400,000 to $2,800,000, staff recommends the contract be awarded to Clarke
& Platt, P.A. and that they continue to provide workers’ compensation
litigation defense services beginning October 1, 2008. Countywide (AJM)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
AA. PALM
TRAN
1. Staff recommends
motion to:
A) approve the Florida Commission for the Transportation Disadvantaged (CTD) Trip and
Equipment Grant in the amount of $2,334,762 for FY 2008/2009 to provide
non-sponsored trips in accordance with the Transportation Disadvantaged Trust
Fund in Chapter 427, Florida Statutes and Rule 41-2, Florida Administrative
Code; and
B) authorize the
Executive Director of Palm Tran, through the County Administrator or his
designee, to file and execute the Trip and Equipment Grant Agreement with the
CTD.
Summary: On May 6, 2008, the Board of County
Commissioners approved a resolution (R2008-0808) authorizing the filing of a
Transportation Disadvantaged Trust Fund (TDTF) Application with the CTD, and
delegating authority to the Palm Tran Executive Director to execute the
Standard Coordination/Operator contracts on behalf of Palm Beach County. Based on that approval, the Trip and
Equipment Grant Agreement was developed. The Grant provides approximately 90%
of the funding for Palm Beach County’s TD program. Palm Beach County has been allocated funds for
FY 2008/2009 as follows: Total State Grant - $2,098,543; Local Match -
$233,171; Voluntary Dollar Contributions - $2,743; In-Kind Match for Voluntary
Dollar - $305; Total Grant is $2,334,762. The local match has already been
budgeted in Palm Tran’s proposed FY 2009 operating budget. Countywide
(DR)
BB. MEDICAL EXAMINER’S OFFICE
1. Staff recommends motion to approve: a Contract with Wuesthoff Memorial Hospital, d/b/a Wuesthoff Reference Laboratory to establish restructured services and a new fee schedule for toxicology and histology testing effective July 1, 2008, through June 30, 2012 with the contractual cost not to exceed $915,750. SUMMARY: On May 15, 2001, the Board of County Commissioners approved the Contract with Wuesthoff Reference Laboratories for forensic toxicology laboratory testing, based on an individual test fee. The Medical Examiner’s Office continues to experience increases in autopsy cases and deaths involving multiple drugs, resulting in increased toxicology testing, and anticipates a 20% increase in usage annually. Due to increased costs, Dr. Bell, Chief Medical Examiner, re-negotiated the terms of the contract with Wuesthoff Reference Laboratory. At this time, Wuesthoff Reference Laboratory has submitted a totally new fee schedule with a comprehensive drug panel being completed for a flat rate of $165 per case, instead of a separate fee for each test. A comprehensive drug panel is defined as the detection and quantitation of alcohols, carbon monoxide, and the drugs listed in Exhibit “C” in blood, urine and vitreous fluid from the submitted Medical Examiner case. Additional tests for drugs not included in the panel are done at the discretion of the Medical Examiner’s Office and fees are separate, with a fee schedule. Wuesthoff Reference Laboratory’s costs include the cost of the pickup, delivery, storage and return and/or destruction of specimens. Countywide (DW)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
1.
Staff recommends
motion to receive and file: Grant Adjustment Notice amending the
National Institute of Justice “Solving Cold
Cases with DNA Program” Grant to extend the ending grant period from
March 31, 2008, through September 30, 2008. SUMMARY: The Board of County Commissioners (BCC) accepted
this grant for $374,761 on December 20, 2005; the original period for this
grant was October 1, 2005, through November 30, 2006 (R2005-2439). On December 5, 2006, the BCC received and
filed an agenda item extending the grant period from November 30, 2006, through
May 31, 2007 (R2006-2673). On April 10, 2007, the BCC received and filed an
agenda item extending the grant period from May 31, 2007, through December 31,
2007 (R2007-0574). On December 4, 2007, the BCC received and filed an agenda
item extending the grant period from December
31, 2007, to March 31, 2008 (R2007-2207). This
agenda item will extend the grant period from March 31, 2008, through September 30, 2008. The National Institute of
Justice awarded these funds for the “Solving
Cold Cases with DNA Program”. The objective of this grant is to combine the
efforts of the Palm Beach County Sheriff’s Office (PBSO) Special Investigations
Bureau, Crimes Against Children/Sexual Assault Unit and the Violent Crimes
Bureau with the experience of the Serology/DNA Section of the Crime Laboratory
to solve cold cases. The goal is to
screen all of the cold cases for potential biological evidence for the purpose
of conducting DNA analysis such that the laboratory CODIS administrator will
enter any qualifying DNA profile into CODIS.
At the time of the grant application, it was estimated that there were
approximately 250 cold cases from the Crimes Against Children/Sexual Assault Unit
and Violent Crimes Bureaus, of which 85 may meet the criteria set forth by this
grant. The PBSO has been given an extension to allow the grant funds to be
fully expended. There is no
match requirement associated with this award. No additional positions are needed and no additional County funds are
required. Countywide (DW)
2. Staff recommends motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office a Florida Department of Law Enforcement, Criminal Investigations and Forensic Science Program Grant for the Sur 13 Gang Investigation in the amount of $20,000 for the period of October 1, 2007, through September 30, 2008, or upon the conclusion of the investigation; and
B) approve a Budget Amendment of $20,000 in the Sheriff’s Grant Fund.
SUMMARY: The Palm Beach
County Sheriff’s Office (PBSO) has been awarded grant funds by the Florida
Department of Law Enforcement (FDLE) for the purpose of investigating a current
ongoing case. The FDLE awarded these grant funds to assist with the added cost
associated with overtime. There is no match requirement associated with
this award. No additional positions
are needed and no County funds are required. Countywide (DW)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
3. Staff recommends motion to approve: a Budget Transfer of $80,760 from the Law Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO). SUMMARY: Florida Statute 932.7055 requires that no less than 15% of the LETF’s previous year’s revenues be used for the support or operation of drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood and school resource officer programs of various non-profit organizations. The PBSO’s FY 2008 estimated donation requirement is $122,726. The funds are requested to aid qualified organizations that meet the requirements set forth in F.S. 932.7055. The PBSO’s support of these programs exemplifies its strong commitment to the prevention and reduction of crime throughout the communities it serves and its desire to put money back into these communities to support organizations that provide such services. The current State LETF balance is $1,640,028. Approval of this request will reduce the State Law Enforcement Trust Fund balance to $1,559,268. The PBSO certifies that the use of these funds is in accordance with F.S. 932.7055. Below is a table indicating the organizations the PBSO seeks to fund and the corresponding amount of funding proposed per respective agency. No new positions are needed and no additional County funds are required. Countywide (DW)
|
ORGANIZATION |
AMOUNT |
|
Extended Hands Community Outreach, Inc. |
$25,860 |
|
Faith-Hope-Love-Charity, Inc. |
$25,000 |
|
The Juvenile Transition Center, Inc. |
$29,900 |
|
Total Amount of Donations |
$80,760 |
4. Staff recommends
motion to receive and file: Grant Adjustment Notice amending the
Florida Department of Law Enforcement Florida Consortium “2007 Paul
Coverdell National Forensic Sciences Improvement Grant” to extend the ending
grant period from September 30, 2008, through March 31, 2009. SUMMARY: The
Board of County Commissioners (BCC) accepted this grant for $43,701 on March
11, 2008. The original period for this grant was October 1, 2007, through
September 30, 2008 (R2008-0452). This agenda item will extend the grant period from
September 30, 2008, through March
31, 2009. The National Institute of
Justice (NIJ) awarded these funds to the Florida Department of Law Enforcement
(FDLE) for the “2007 Paul Coverdell National Forensic Sciences
Improvement Grant”. On January 2, 2008, the Palm Beach County
Sheriff’s Office (PBSO) was awarded funds to improve the quality of forensic
services. The PBSO’s Technical Services Division will use the funds provided
for training. There is no match requirement associated with
this award. No additional positions
are needed and no additional County funds are required. Countywide
(DW
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (Cont’d)
5. Staff recommends motion to receive and file: Memorandum of Agreement amending the FY 2006 Urban Area Security Initiative Grant Program to extend the ending grant period from January 31, 2008, through June 30, 2009. SUMMARY: The Board of County Commissioners accepted this grant for $1,684,487 on December 19, 2006; the original period for this grant was October 1, 2006, through January 31, 2008 (3BB-2). This agenda item will extend the grant period from January 31, 2008, through June 30, 2009. This Agreement provides a means of funding various domestic security activities within the County and region using federal Urban Area Security Initiative (UASI) funds through the City of Miramar as the Ft. Lauderdale UASI’s fiscal agent. The total funds provided to Palm Beach County agencies by the UASI ($2,383,087) represents 24% of the total Ft. Lauderdale UASI grant ($9,980,000), and will be used to support and strengthen the County’s ability to plan for, and respond to, acts of terrorism. The UASI awarded $698,600 to the County, which will be used to fund fire, health, emergency management, and other approved anti-terrorism activities. The Sheriff’s Office received an equivalent award of $698,600 to fund direct law enforcement activities, and an award of $985,887 to fund the Regional Security Projects. Future funding will be determined based on a competitive need process. There is no match requirement associated with this award. No additional positions are needed and no additional County funds are required. Countywide (DW)
6. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office a South Florida High Intensity Drug Trafficking Area (HIDTA) FY 2008 Violent Crimes and Drug Trafficking Organization (VCDTO) initiative, a grant award in the amount of $30,000, for “Operation Second Chance”, for the period of June 26, 2008, through June 25, 2009; and
B) approve a Budget Amendment of $30,000 in the Sheriff’s Grant Fund.
SUMMARY: On July 1, 2008,
the Palm Beach County Sheriff’s Office (PBSO) received an award from the South
Florida HIDTA/VCDTO. The funds provided will be used for overtime reimbursement
incurred by law enforcement officers participating in “Operation Second Chance”,
which is targeting an organization that specializes in the cultivation and
trafficking of hydroponic marijuana. There is no match requirement associated with
this award. No additional positions
are needed and no additional County funds are required. Countywide (DW)
7. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office a South Florida High Intensity Drug Trafficking Area (HIDTA) FY 2008 Violent Crimes and Drug Trafficking Organization (VCDTO) initiative, a grant award in the amount of $15,000, for “Operation Two Doors Down Continuation”, for the period of June 26, 2008, through June 25, 2009; and
B) approve a Budget Amendment of $15,000 in the Sheriff’s Grant Fund.
SUMMARY: On July 1, 2008, the Palm Beach County Sheriff’s Office (PBSO) received an award from the South Florida HIDTA/VCDTO. The funds provided will be used for overtime reimbursement incurred by law enforcement officers participating in “Operation Two Doors Down Continuation”, which is targeting an organization that specializes in the cultivation and trafficking of hydroponic marijuana. There is no match requirement associated with this award. No additional positions are needed and no additional County funds are required. Countywide (DW)
SEPTEMBER 9, 2008
3. CONSENT
AGENDA APPROVAL
DD. HOUSING
FINANCE AUTHORITY
1.
Staff recommends
motion to approve: the nomination
of Robin B. Henderson as the Chairperson of the Housing Finance Authority of
Palm Beach County (HFA Board) for the term of June 2008, through May 2009. SUMMARY: At the regular HFA Board
meeting of July 11, 2008 the HFA Board nominated Robin B. Henderson as its
Chairperson to serve a term of one (1) year in accordance with Ordinance No.
2002-022. The Ordinance requires the
nomination of Chairperson to be submitted to the Board of County Commissioners
for approval. Countywide (TKF)
EE. TOURIST
DEVELOPMENT COUNCIL
1. Staff recommends
motion to approve:
A) a Budget Transfer of $993,850 from the Public Building Improvement Fund of the Convention Center Parking Garage and Tunnel Project to the TDC 1st Cent Fund; and
B) a Budget Amendment of $993,850 in the TDC 1st Cent Tourist Local Option Tax Fund to recognize the return of this revenue from Facilities’ Public Building Improvement Fund.
SUMMARY: 1st Cent funds were
transferred to the Public Building Improvement Fund to cover pre-construction
related cost for the Convention Center Parking Garage such as architect and
engineering fees. The expenditures
incurred on the Convention Center Parking Garage totaled $6,150 leaving an unencumbered
balance of $993,850. The payment of $6,150 was the total cost incurred for
pre-construction. The 1st
Cent Fund will provide for debt service and payment of the revenue bonds once
bonds are issued for the Convention Center Parking Garage. Countywide
(MC)
* * * * * * * * * * * *
SEPTEMBER 9, 2008
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
A. Presentation
from Representative Mary Brandenburg of a check in the amount of $135,610.84
from the Florida Recreation Development Assistance Program (FRDAP) for John
Prince Park Memorial Park – Square Lake Development and Restoration Project.
B. Proclamation
declaring August 3, 2008 as “Children’s Healthcare Day” in Palm Beach County.
(Sponsored by Commissioner Santamaria)
C. Certificate
of Appreciation to Chuck McGinness, Palm Beach Post Transportation Reporter
(retired). (Sponsored by
Commissioner Kanjian)
D. Proclamation
declaring September 24, 2008 as “Palm Beach Partners Business Matchmaker
Conference & Expo Day” in Palm Beach County. (Sponsored by Commissioner Greene)
E. Proclamation
declaring October 16, 2008 as “National Childhood Hunger Day” in Palm Beach
County. (Sponsored by Commissioner
Marcus)
F. Proclamation
declaring October 6, 2008 as “German-American Day” in Palm Beach County. (Sponsored by Commissioner Kanjian)
G. Proclamation
declaring the weekends of October 10 – 12 and October 17 – 19, 2008 as
“Oktoberfest 2008” in Palm Beach County.
(Sponsored by Commissioner Kanjian)
H. Proclamation
declaring September 22, 2008 as “American Business Women’s Day” in Palm Beach
County. (Sponsored by Commissioner
Greene)
I. Presentation
of the 2007 Animal Kindness Awards to: Nancy Hall; Samantha Motsinger; and
Hannah Trammell. (Sponsored by
Commissioner Santamaria)
J. Proclamation
declaring the month of October 2008 as “Domestic Violence Awareness Month” in
Palm Beach County. (Sponsored by Commissioner Koons)
K. Proclamation
declaring September 13, 2008 as “Caribbean-American for Community Involvement
Day” in Palm Beach County. (Sponsored by Commissioner Santamaria)
L. Proclamation
declaring October 5, 2008 as “Pulaski Day” in Palm Beach County. (Sponsored by Commissioner Koons)
* * * * * * * * * * * *
SEPTEMBER 9, 2008
5. PUBLIC
HEARINGS - 9:30 A.M. (Motion to receive
and file: Proof of publication)
A. Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Chapter 16 of the Palm Beach County Code, Article III, (Ordinance No. 2002-13), pertaining to alarms; providing for short title; providing for purpose; amending Section 3, definitions; amending Section 4, providing for alarm permits required; application fee, renewal and duration; amending Section 5, providing for alarm permit applications; providing emergency notification and reporting service; amending Section 6, providing for technical requirements of alarm systems; amending Section 7, providing for response to alarm, determination of false alarms, alarm verification; amending Section 8, providing a procedure to appeal false alarm determination and providing for a false alarm appeals board; amending Section 9, providing for fines for false alarms; providing for maintenance of records; providing that automatic telephone dialing systems are prohibited and no response for mobile alarm systems; providing for applicability of ordinance; providing for limitation of liability; amending Section 14, providing for prohibitions and penalties; 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 amendment to the existing Burglar Alarm Ordinance is intended to enhance the current Ordinance, by eliminating the current Special Master appeals process and establishing a three (3) member False Alarm Appeals Board which will be knowledgeable of the alarm industry standards and be beneficial to the burglar alarm user. All members of this Board will be volunteers and will not receive any compensation. The Amendment also increases the new application fee from $18 to $25 and the renewal application fees from $5 to $25. The proposed increases will help offset the cost associated with processing these applications. The proposed new fees will generate approximately $2,262,500 annually. The current estimated cost for the Sheriff’s Office to process a new application and review a renewal application is approximately $22.50 per application. The Sheriff’s Office has worked closely with the Alarm Industry and they support the proposed changes. Currently, the Sheriff’s Office processes approximately 1,500 new applications and issues approximately 89,000 renewal applications annually. Countywide (DW)
B. Staff recommends
motion to adopt: an
increase in the fare paid by Transportation Disadvantaged (TD) eligible
individuals whose income falls below the poverty line from a zero fare to $2. Summary:
At the June 2008 budget hearing, the Board of County Commissioners reviewed
Palm Tran’s budget proposals which included the elimination of the TD Fare
Subsidy Program. Over 50% of Palm Tran
Connection riders now ride for free, and passenger fares from Connection
services represent just 4% of the total cost of all CONNECTION service. The Palm
Tran Service Board and Local Coordinating Board endorsed the budget proposal to
increase the TD fare. The fare increase
proposal would become effective October 1, 2008. Currently, TD eligible riders
using Palm Tran CONNECTION, with incomes at or below the poverty level, do not
pay a fare. Palm Tran’s proposed FY ‘09
budget includes revenues that would be generated through the collection of these
fares. Countywide (DR)
C. Staff recommends
motion to adopt: a
Resolution of the Board of County Commissioners (BCC) of Palm Beach County,
Florida, enacting historic site designation for an additional section of the
Old Indiantown Road grade. SUMMARY: The Resolution will authorize
the designation of an additional section of the previously designated Old
Indiantown Road grade, located on the County-owned Hatcher/Halpryn property in
Jupiter Farms, Florida. This site has been
recommended for historic designation by the County’s Historic Resources Review
Board (HRRB). If designated, this historic resource would be added to the Palm
Beach County Register of Historic Places. The resource is located in the
Hatcher/Halpryn Property that the county recently purchased. No privately owned
properties will be affected by this designation. In addition any alterations to the roadbed
would require approval of a “Certificate of Dig”. District 1 (RB)
SEPTEMBER 9, 2008
5. PUBLIC
HEARINGS - 9:30 A.M. CONTINUED
D. Staff recommends
motion to:
A) adopt a Resolution confirming the special assessment process for El Paso, Yearling, Pinto and Rodeo Drives Paving and Drainage Improvements (Project), Sections 19 & 20, Township 44 South, Range 42 East; and
B) approve a Budget Transfer of $871,555 from Municipal Service
Taxing Unit (MSTU) District C Fund from
Reserves to Rodeo and Pinto Drives;
C) approve a Budget Transfer of $1,664,216 in the
Unincorporated MSTU Fund (District F) from Reserves to Rodeo and Pinto Drives
($423,075) and El Paso and Yearling Drives ($1,241,141) (Project);
D) authorize that all assessment funds collected by the
Tax Collector’s Office are to be repaid to MSTU District F; and
E) approve a Contract with H & J Contracting, Inc. (Contractor), the lowest, responsive, responsible bidder, in the amount of $2,073,382.62 for the construction of the Project.
SUMMARY: Adoption of the Resolution provides for the
collection of 43.75% of the MSTU funds expended on the Project. Assessments
will be payable in ten (10) equal annual installments. The Project consists of construction of El
Paso, Yearling, Pinto and Rodeo Drives Paving and Drainage Improvements
(Project). The Small Business Enterprise goal for the Project is 15%. The Small Business Enterprise (SBE)
participation committed for the project by the Contractor is 15% overall. District 6/MSTU District C (MRE)
E. Staff recommends
motion to adopt: an Ordinance amending Palm Beach County Code Chapter
23, Article V, known as the Roadside Vendors Ordinance (Ordinance 97-40);
amending Section 98, permit required for commercial use of County
rights-of-way; amending Section 100, criteria for vending locations; amending
Section 102, application for permit; amending Section 103, fees; amending
Section 104, conditions of permit; amending Section 108, voluntary relocation;
amending Section 109, renewal of permit; amending Section 110, revocation of
permits; amending Section 111, appeal; providing for repeal of laws in
conflict; providing for severability; providing for inclusion in the Code of Law
and Ordinances; providing for effective date. SUMMARY: On July 22, 2008,
the Board of County Commissioners held its preliminary reading of this Ordinance. This Ordinance will amend Chapter 23, Article
V, known as the Roadside Vendors Ordinance (Ordinance 97-40), and designate an
area to accommodate large vending locations; increase the size of vending
locations in the designated area,
increase fees, insurance and bond amounts associated with commercial use
of County rights-of-way by vendors; restrict use of rights-of-way when it is
used for park access and parking; provide for other changes to provide clarity,
accommodate agency changes and update the appeal process. Countywide (MRE)
SEPTEMBER 9, 2008
5. PUBLIC
HEARINGS - 9:30 A.M. CONTINUED
F. Staff recommends
motion to:
A) review the list of surplus County-owned properties which staff recommends be found appropriate for affordable housing; and
B) adopt a Resolution approving the list of County-owned properties identified as appropriate for affordable housing.
SUMMARY: Florida Statutes Section 125.379 requires each County to prepare and adopt an inventory list of all real property it owns which is appropriate for use as affordable housing. The properties identified on this list may be offered for sale with the proceeds used for purchase of land for development of affordable housing, or sold with a restriction limiting its use to affordable housing. The land may also be donated to a non-profit housing organization. Staff has prepared the attached list, organized by Commission District, of those properties which Staff recommends be made available for this purpose. The criteria for development of this list included: 1) vacant; 2) located outside of the Ag Reserve; 3) not programmed for future County uses such as Parks, Libraries, Fire Stations, General Government facilities and/or Environmental Preservation; and 4) not subject to bond covenants or Federal funding restrictions limiting their use. The notable exception to the application of these criteria is the Mecca property, which Staff believes requires significant further analysis before it should be included on this list and made available for this purpose. With the budget cuts, there are insufficient Staff resources to provide assistance in developing these properties beyond a simple conveyance/donation of the property. Staff recommends that the property on this list be made available for sale/donation for development of affordable housing on an “AS IS” basis with appropriate restrictions limiting its use. Property Real Estate Management (PREM) can publish this list on its website with a link from the County’s home page, but will not otherwise actively market the properties. PREM will handle the sale/donation but will not assist in due diligence or other development activities. (PREM) Countywide (HJF)
* * * * * * * * * * * *
SEPTEMBER 9, 2008
6. REGULAR
AGENDA
A. ADMINISTRATION
TIME
CERTAIN – 2:30 P.M.
1. Staff recommends motion to receive and file: a Presentation by the Port of Palm Beach and the Florida Department of Transportation (FDOT) on the Inland Intermodal Logistic Facility (Inland Port). SUMMARY: On March 13, 2007, the Board of County Commissioners approved the 21st Century: Palm Beach County Strategic Economic Plan. Action Item I.02, under the Strategic Direction of Prosperity, identified the desire to conduct an Inland Port Feasibility Study with the goal of completing this Study by February of 2007. The FDOT, Seaport Office, engaged the services of Cambridge Systematics to conduct a South Florida Inland Port Feasibility Study. That report was completed in June of 2007. In May of 2008, Cambridge Systematics and Martin Associates completed a Multi-Model Logistics Complex: Market & Economic Analysis on behalf of the FDOT. This presentation will focus on the findings of the May 2008 Study. Countywide (DW)
2. Staff recommends
motion to receive and file: a Presentation
by the Alternative Energy Task Force on their recommendations to the Palm Beach
County Overall Economic Development Committee (OEDP). SUMMARY: The Alternative Energy
Task Force was formed to address Action Item II.02 in the Palm Beach County
Strategic Economic Development Plan’s Strategic Direction of sustainability.
The OEDP Alternative Energy Task Force, comprised of 21 public and private
stakeholders, worked in collaboration with the Pollution Prevention Coalition
of Palm Beach County, the Air Waste Management Association and the Treasure
Coast Chapter of U.S. Green Building Council.
Over a nine (9) month period the Task Force hosted nine (9) research
presentations, created an inventory of existing county energy conservation
programs, identified “best practices,” and prepared a critical look at
pertinent topics and issues of the emerging alternative energy field.
Alternative Energy policy discussions focused on encouraging self-reliance,
business growth, energy costs, and community sustainability. Countywide
(DW)
3. Staff recommends
motion to approve:
A) Amendment No. 17 to the
Contract (R91-1876D) with Robert Weisman, County Administrator, extending said
Contract for one (1) additional year ending December 31, 2013; and
B) a salary increase at the
same level provided to other County employees effective September 27, 2008.
SUMMARY:
This Amendment provides for the County Administrator's services through
December 31, 2013. The current Contract
expires December 31, 2012. This is a one
(1) year extension. This year marks
completion of 28 years as a County employee and 17 years as Administrator. Current
salary is $245,456. Countywide (MC)
SEPTEMBER 9, 2008
6. REGULAR
AGENDA
A. ADMINISTRATION (Cont’d)
4. Staff recommends
motion to:
A) adopt a Resolution
supporting Biotest Pharmaceuticals Corporation for Florida=s
Qualified Target Industry (QTI) Tax Refund Program;
B) approve the
Job Growth Incentive Grant Agreement as the required 20% QTI local match in the
amount of $40,000 for the creation of 50 jobs in Palm Beach County at an
average annual salary of $56,706, excluding benefits;
C) approve a Budget Transfer of $40,000 from the General Fund Contingency
Reserve to the Economic Development Job Growth Incentive Fund (JGI); and
D) approve a Budget Amendment of $40,000 to the Economic Development
Office fund to recognize and appropriate the transfer of funds from the General
Fund Contingency Reserve.
SUMMARY: Biotest Pharmaceuticals Corporation,
located in Boca Raton, was established in December 2007. The Parent Company, Biotest AG, is
headquartered in Dreieich, Germany.
Biotest AG purchased the existing building and assets from Nabi
Biopharmaceuticals. Biotest
Pharmaceuticals Corporation develops and manufactures pharmaceutical and
biotherapeutic products with a specialization in immunology. The project involves increasing their
capacity for plasma protein production by reconfiguring and renovating their
existing manufacturing facility in Boca Raton.
The JGI Agreement requires that the Company create 50 full time jobs by
December 31, 2011, with an average salary of $56,706, excluding benefits; and
maintain jobs for an additional twenty-four months. The JGI incentive is recommended at $800 per
job, or $40,000.
The Company is in good financial
condition and based on the documents reviewed, the company has the financial
stability to perform under the conditions of the proposed Job Growth Incentive
Grant. Biotest Pharmaceuticals is a
local biotechnology business with strong international connections. Biotest
Pharmaceuticals’ creation of 50 jobs is projected to generate $6 million in
Gross Regional Product by 2011, using the Regional Economic Model Inc.
Biotest Pharmaceuticals has filed a
Qualified Target Industry Tax Refund program application with Enterprise
Florida. It is anticipated that the
State will award up to $200,000. The QTI
requires a 20% local match. The 20% match
will be achieved using the JGI. District 4 (DW)
B. CLERK &
COMPTROLLER
TIME CERTAIN – 11:30 A.M.
1. Presentation
by Clerk on excess fees and $1.90 Court technology revenue as requested by
Board.
SEPTEMBER 9, 2008
6. REGULAR
AGENDA
C. ENGINEERING &
PUBLIC WORKS
1. Staff recommends motion to approve on preliminary reading and advertise for Public Hearing on September 23, 2008 at 9:30 a.m.: 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 Mid-Year Adjustment of the County’s Five Year Road Plan which is required to be considered each year by the Five Year Road Program Ordinance. Exhibit “A” to the Ordinance is a list of proposed projects for the next five (5) years and contains certain changes and modifications. This list is submitted for Board of County Commissioners consideration on preliminary reading today, with the final list to be approved with the Ordinance at public hearing on Tuesday, September 23, 2008. Countywide (MRE)
2. Staff requests
motion to approve: the concepts
in the technical specification for the Request for Proposals for the Red Light
Violation Cameras and Citation System. SUMMARY: The technical specification for the Request
for Proposals (RFPs) for the Red Light Camera Program details all of the
equipment and operational requirements of the Red Light Violation Cameras and
Citation System. Countywide
(MRE)
D. ENVIRONMENTAL RESOURCES MANAGEMENT
1. Staff recommends motion to approve: a Management Plan for the Delaware Scrub Natural Area. SUMMARY: The Delaware Scrub Natural Area Management Plan (Plan) was developed by the Department of Environmental Resources Management (ERM). The Plan provides guidelines for proposed land management activities on the Delaware Scrub Natural Area. It was recommended for approval by the Natural Areas Management Advisory Committee (NAMAC) on June 20, 2008, after careful consideration of public comments received at a public hearing held on May 22, 2008. The Delaware Scrub Natural Area is comprised of approximately 15.80 acres on the northeast corner of the intersection of Delaware Boulevard and Indiantown Road within the Town of Jupiter. The site’s eastern boundary is Jones Creek. This site was jointly acquired by the Town of Jupiter and the County in May 23, 2005. Funds for the acquisition were provided from the Palm Beach County Lands for Conservation Purposes Bond Issue Referendum of March 9, 1999, the Town of Jupiter’s Open Space Program Bond Issue Referendum of August 31, 2004, and from matching funds from the Florida Communities Trust in 2006. This site will be managed by ERM as part of the County’s Natural Areas System, which is currently comprised of 36 sites. District 1 (SF)
SEPTEMBER 9, 2008
6. REGULAR
AGENDA
D. ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends motion to approve on preliminary reading and advertise for Public Hearing on September 23, 2008 at 9:30 a.m.: an Ordinance amending Palm Beach County Unified Land Development Code, Ordinance 03-076, as amended, as follows: amending Article 14.C. – Vegetation Preservation and Protection; amending Article 14.D. – Prohibited Invasive Non-native Vegetation Removal Ordinance; providing for repeal of laws in conflict; providing for severability; providing for a savings clause; providing for captions; providing for inclusion in the Unified Land Development Code (ULDC); and providing for an effective date. SUMMARY: The proposed revisions to ULDC, Article 14.C., Vegetation Preservation and Protection, are designed to provide an alternate approach in unincorporated Palm Beach County to protect native vegetation and habitat, focusing on an approval process through established channels of development reviews in lieu of permitting. In accordance with Board direction to discontinue the Vegetation Protection Program as a mechanism to reduce ad valorem supported programs in FY2009, seven (7) positions were eliminated. The general direction was to modify the Code to shift the burden of tree preservation from a permitting process prior to development to a post-development performance standard review. The proposed revisions will result in less salvaged vegetation on single family lots, a reduction of salvaged vegetation relocated to public lands, and a reduction in native trees preserved within developments. The proposed revisions replace the permitting controls over vegetation clearing and construction with a standard process of approval for vegetation alteration; eliminate the designation of specimen tree status; secede wetland permitting to the State and Federal governments; and void all existing single family permits and dismiss all enforcement actions involving such permits. The proposed revisions to ULDC, Article 14.D., Prohibited Invasive Non-native Vegetation Removal Ordinance, continue to require the removal of invasive non-native vegetation; however, the financial assistance and incentives provided in the Code have been removed. In Code Appendix 10, which lists the natural areas, Ocean Ridge Natural Area is added. Appendix 12, which describes the incentive programs, is deleted in its entirety. The proposed revisions were provided to the Land Development Regulation Advisory Board for review and comment on August 21, 2008. Unincorporated/14.C.; Countywide/14.D. (SF)
SEPTEMBER 9, 2008
6. REGULAR
AGENDA
E. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to:
A) adopt a Resolution authorizing the County to obtain a revolving line of credit in the principal amount of $22,568,948 to support the issuance of standby letters of credit to satisfy the debt service reserve funding requirements for four of the County’s outstanding bonds issues; approving the form of and authorizing the execution of a Loan Agreement with SunTrust Bank, South Florida (the “Bank”); and providing for an effective date.
B) authorize OFMB to prepare a Budget Transfer of $48,000 from the General Fund contingency to provide funding for the line and letters of credit, to amend the above-referenced four (4) debt service funds ($35,000), and to adjust seven (7) other debt service funds ($13,000) for letters of credit previously approved by the Board.
SUMMARY: Four (4) series of the County’s outstanding
bonds issued between 1994 and 2006 have debt service reserve funds that are
funded by debt service reserve surety policies issued by a municipal bond
insurance company that has had its AAA credit rating downgraded below a level
specified in the bond resolutions. Staff
and the County’s financial advisor have determined that replacing the sureties
with letters of credit from a AA rated bank is the most cost efficient way to
satisfy the debt service reserve requirement.
The term of the above line and letters of credit is one (1) year subject
to renewal by the County and acceptance by the Bank. The County anticipates renewing the above
letters of credit or replacing them in accordance with the bond resolutions. If the ratings of the municipal bond insurers
are restored, the County will terminate the letters of credit. The fees are
payable quarterly and will be approximately $102,000 for FY 2009. The fees,
including cost of issuance, for FY 2008 in the amount of $35,000 will be paid
from General Fund Contingency. Staff will propose an amendment to the FY 2009
budget at the first public hearing for the annual fees. Additionally, staff requests the authority to
make minor adjustments totaling approximately $13,000 in seven (7) debt service
funds for letters of credit approved on May 22, 2008 as a result of banks
billing for the short quarter ending June 30, 2008. Countywide (PFK)
F. MEDICAL EXAMINER’S OFFICE
1. Staff recommends motion to approve on preliminary reading and advertise for Public Hearing on September 23, 2008 at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, replacing Palm Beach County Code Chapter 13 (Ordinance No. 99-7); amending Section 4, to be “the County Administrator or his/her designee shall act as an administrative liaison to the Medical Examiner. The liaison shall ensure that the Medical Examiner is provided all reasonable supplies, support staff and equipment necessary for the performance of the duties of the Medical Examiner”; addition of Section 6.D. authorizing the Medical Examiner to charge a fee for services rendered in providing cremation, dissection, and burial-at-sea approvals. SUMMARY: Palm Beach County Code Section 13-1 (the Medical Examiner Ordinance) authorizes the appointment of the District 15 Medical Examiner. As authorized by the County Administrator, the Medical Examiner Office separated from the Department of Public Safety, to report directly to County Administration effective October 1, 2000. With the Medical Examiner Office reporting directly to County Administration and no longer being under the Department of Public Safety, this Ordinance requires amending to reflect this change. Section 6.D. of the Medical Examiner Ordinance authorizes the Medical Examiner Office to charge funeral homes a fee for services rendered in providing approvals for cremations, dissections and burials at sea. Countywide (DW)
SEPTEMBER 9, 2008
6. REGULAR
AGENDA
G. PUBLIC SAFETY
1. Staff recommends motion to adopt: a Resolution of the Board of County Commissioners, Palm Beach County, Florida amending Resolution R2005-1023 to increase the annual operating permit fee for non-consent towing companies operating in Palm Beach County under Towtruck Ordinance 2005-009. SUMMARY: The proposed amendment increases the annual operating permit fee charged to Palm Beach County non-consent towing companies from $400 to $900. No other fee changes are requested. The proposed fee increase is needed to assure that income for enforcement of the Towtruck Ordinance meets or exceeds projected annual expenses. The Towing Advisory Committee has reviewed this issue and has voted to recommend this proposed fee increase. Countywide (DW)
2. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on
September 23, 2008 at 9:30 a.m.: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, amending Chapter 19, Article IX
(Ordinance No. 2001-015); relating to taxicabs and other vehicles for hire, to
be known as the Vehicle for Hire Ordinance; providing for short title and
applicability; providing for authority; providing for definitions; providing
for compliance; providing for advertising; providing for municipal exemption;
providing for reciprocity; providing for business permit application; providing
for records required; providing for vehicle requirements; providing for vehicle
decal requirements; providing for impoundment; providing for vehicle safety and
appearance requirements; providing for operational requirements for non-medical
wheelchair and stretcher transportation service companies; providing for
vehicle inspections; providing for commercial automobile liability
insurance; providing for driver
requirements and failure to comply; providing for fraudulent transfer of
vehicle for hire company; providing for
revocations, suspensions and denial of permits/I.D. badges and administrative
appeals; providing for enforcement; providing for violations; providing for
appeals; providing for fees; providing for penalties; providing for start-up;
providing for repeal of laws in conflict; providing a savings clause; providing jurisdiction; providing for
severability; providing for inclusion in the code of laws and ordinances; and
providing an effective date. SUMMARY: The Board of County Commissioners reviewed this proposed Ordinance at
two (2) public workshops. After additional consultations with the industry, the
issues and suggestions identified at those meetings were incorporated into the
Ordinance. The proposed Ordinance was approved unanimously for recommendation
by the Vehicle for Hire Task Force.
Proposed Ordinance Revisions: Some of the most important changes to the
Ordinance include: 1) Prohibits
persons from driving for-hire vehicles if convicted of specified felonies
within the past five (5) years and permanently prohibits persons from driving
if convicted of violent or sexual felonies; 2) For-hire driver I.D. Badges would be issued to persons only
after submitting a complete application and the criminal/driving background
check reveals compliance with the ordinance (provisional permits would no
longer be issued); 3) It would be
illegal to operate a business unless/until proof of insurance is provided from
the insurance company/agent; 4)
Authorizes Consumer Affairs to suspend businesses which fail to produce proof
of insurance by the expiration or cancellation dates and requires such
businesses to pay an insurance reactivation fee; 5) Eliminates double regulation of for-hire companies and drivers
operating under the requirements of Palm
Tran Connection; 6) Sets a maximum age for vehicles-for-hire at
10 years (beginning in 2010 for existing vehicles); 7) Establishes new requirements for taxicabs (i.e., top light,
taximeter, uniform color/signage scheme [beginning 2010 for existing vehicles]);
8) Permits habitually uninsured
vehicles to be impounded/towed; 9)
Requires all vehicles to be inspected annually by a certified mechanic
(beginning in 2010 for existing vehicles); and 10) Drivers must understand basic English and Palm Beach County
geography. The PBC League of Cities considered and approved the proposed
Ordinance. Countywide (DW)
SEPTEMBER 9, 2008
6. REGULAR
AGENDA
H. FIRE RESCUE
1. Staff recommends
motion to approve:
A) an Interlocal Agreement for Fire Vehicle
Maintenance with the City of West Palm
Beach for a period of ten (10) years; and
B) two (2) new Fire Apparatus Technician II positions to be added to the Fire Rescue employee complement.
SUMMARY: This Agreement provides for the maintenance and emergency repair of the City of West Palm Beach’s Fire Rescue emergency response apparatus by Palm Beach County Fire Rescue (PBCFR) support services personnel. PBCFR is also requesting two (2) additional positions be added to the employee complement to accommodate the additional workload and labor hours associated with this Agreement. External revenues received from the City will offset the cost of the two (2) additional positions and additional operating supplies necessary to provide this service to the City. If approved by the Board, a budget amendment to establish the revenues and appropriations for these positions will be processed administratively by the Office of Financial Management and Budget after October 1, 2008 for FY 2009. Countywide (SB)
I. CRIMINAL JUSTICE COMMISSION
1. Staff recommends motion to approve: the renewal of a contract with the current County probation services vendor, Pride Integrated Services, Inc. (Pride), for a three (3) year period, effective December 6, 2008, through December 5, 2011. SUMMARY: On August 11, 2008, the Criminal Justice Commission (CJC) unanimously approved the recommendation of the Probation Advisory Board (PAB) that no Request for Proposal (RFP) should be issued for the delivery of misdemeanor probation services to the County Court, and that the County contract with Pride for a three (3) year period effective December 6, 2008 through December 5, 2011 be renewed. At no cost to the County, Pride has been the County’s provider since 1993. Services are covered by court ordered client fees. Pride will pay the County $5,000 each year of the three (3) year contract to offset CJC costs associated with the annual monitoring of their contract and auditing Pride case files in the four (4) Pride offices. Countywide (DW)
J. PALM TRAN
1. Staff recommends
motion to adopt: Resolution
amending Resolution No. 2001-2241 revising membership criteria for the Palm
Tran Service Board (PTSB). SUMMARY: On
December 18, 2001, the Board of County Commissioners adopted Resolution No.
R2001-2241, which created the Palm Tran Service Board (PTSB). This Resolution
will further amend the Resolution creating the Service Board by revising the
PTSB membership criteria to: 1) change the membership from eleven (11) members
to twelve (12) by adding a second member with transit experience; 2) change the
Chairperson to a non-voting role except in the case of a tie vote or where the
Chairperson’s attendance is needed to create a quorum; and 3) change the
definition of a quorum to seven (7) members. The Palm Tran Service Board (PTSB)
met on August 21, 2008, and discussed this proposed expansion. They recommend that the Board of County
Commissioners consider two (2) additional seats, instead of one (1), with one
(1) additional seat specifically dedicated to the Glades area, and that the
PTSB Chairperson would remain a voting member of the PTSB. Countywide (DR)
SEPTEMBER 9, 2008
6. REGULAR
AGENDA
K. PARKS & RECREATION
1. Staff recommends
motion to approve:
A) Tri-Party Agreement with the City of West Palm Beach and Palm Beach Photographic
Centre, Inc. for the period September 9, 2008, through September 8, 2010, in an
amount not to exceed $500,000 for funding of construction of the Palm Beach
Photographic Centre; and
B) Budget Transfer of $500,000 within the $25M
GO Parks and Cultural Improvements Bond Fund - 2003 from Reserves to Palm Beach
Photographic Centre.
SUMMARY: This Agreement provides funding for construction of a 20,210 square
foot facility by the Photographic Centre in space leased from the City within
its City Center at 415 Clematis Street. The Photographic Centre will utilize an
additional 6,000 square feet of common space for bathrooms, storage, shipping
and receiving areas to be shared with City facilities. This Agreement has eliminated
obligations typically contained in the standard bond project agreement that
would be imposed on the City of West Palm Beach including: the obligation to
operate and maintain the project for public recreational or cultural purposes
for a 30-year period; and the obligation to reimburse the County in the event
that the Palm Beach Photographic Centre or the City fail to complete, operate
and maintain the project or convert the project to an alternate use that is not
approved by the County. All of the
Agreement’s obligations remain applicable to the Palm Beach Photographic
Centre, Inc. Funding is from the 2002
$50 Million Recreational and Cultural Facilities Bond referendum, as amended –
District 2. District 2 (PK)
L. PUBLIC AFFAIRS
1. Staff
recommends motion to:
A) approve
a Broadband Radio Service Decommission and Relocation Agreement with T-Mobile
USA, Inc.; and
B) approve an Interlocal
Agreement with the School Board
of Palm Beach County, Florida, to receive and transmit PBC TV Channel 20 programming.
SUMMARY: The County
holds a license from the Federal Communications Commission (FCC) to transmit
PBC TV Channel 20 programming to various locations within Palm Beach
County. Under FCC rules, the County
shall cease using the Incumbent Frequency, and transition to a different
frequency by 2011. T-Mobile USA, Inc.
(T-Mobile) has approached the County to cease use of the Incumbent Frequency
in order to eliminate possible
interference as soon as possible. The School Board of Palm Beach County (School
Board) holds a license from the FCC, and transmits School Board programming to
certain receive sites utilizing the School Board License. The School Board has the ability to transmit
PBC TV Channel 20 programming to the same locations as the County currently
transmits to utilizing the Incumbent Frequency. T-Mobile shall pay the County
the amount of $302,850 for the County to cease operating on the Incumbent
Frequency. This amount includes an incentive payment of $125,000 to the County
for terminating operation on the Incumbent Frequency prior to FCC requirements,
a $52,500 payment for costs incurred by the School Board in transmitting
Channel 20 programming through the School Board License and remainder $125,350
recovers costs for Palm Beach County professional and technical charges. This interim measure will provide complete
PBC TV Channel 20 viewing coverage. A
long-term relocation plan will be brought to the Board to achieve the 2011
FCC-mandated transition. Countywide
(MJ)
* * * * * * * * * * * *
SEPTEMBER 9, 2008
7. BOARD
APPOINTMENTS
A. Community ServiceS
(Community Action
Council Administering Board)
1. Staff recommends motion to approve: appointment of the following representative to the Community Action Council Administering Board for a term beginning August 19, 2008, and ending September 30, 2010.
Seat
ID No. Name Organization/Requirement Nominated By
10 Easie LaRose Business/Community Comm. Koons
Summary: Ordinance No. 2004-042, establishes the Community Action Council Administering Board (CACAB). The CACAB is comprised of not less than 15, and not more than 23 members. One-third of the members are elected public officials, holding term on the date of selection, or their representatives. The remaining are members of business, industry, labor religion, law enforcement, education or other major groups in the community served. On May 29, 2008, written notice was sent to each Commissioner to request nominations. The nominee above meets all applicable guidelines and requirements outlined in the Community Services Block Grant Contract establishing ordinance. Seat 10 was vacated by Verdina Coleman and the candidate Easie LaRose will be completing her term. The CACAB has reviewed and approved the nominee listed above. (Community Action) Countywide (TKF)
B. ENVIRONMENTAL
RESOURCES MANAGEMENT
(Groundwater and Natural Resources
Protection Board)
1. Staff recommends motion to approve: the reappointment of one (1) at-large member to the Groundwater and Natural Resources Protection Board (GNRPB) for a term of three (3) years beginning August 1, 2008, through July 31, 2011:
Nominee Seat Requirement Seat No. Nominated By
Jonathan E. Shaw Hydrologist 6 Commissioner
Greene
Commissioner Kanjian
Commissioner Koons
Commissioner
Marcus
Commissioner
Santamaria
Commissioner
Aaronson
SUMMARY: Ordinance 92-20 and Article 17.C.7. of the Unified Land Development Code (ULDC) provide for a seven (7) member GNRPB. The membership consists of one (1) professional engineer, one (1) attorney, one (1) hydrologist, one (1) business person, one (1) biologist or chemist, one (1) citizen of PBC, and one (1) member of an environmental organization. A memorandum was sent to the Board of County Commissioners on May 26, 2008 advising that the term for Seat No. 6 would expire on July 31, 2008. The requirement is for Seat No. 6 to be a Hydrologist. No other nominations were received. Countywide (SF)
SEPTEMBER 9, 2008
7. BOARD
APPOINTMENTS
C. HOUSING & COMMUNITY DEVELOPMENT
(Westgate/Belvedere Homes Community
Redevelopment Agency)
1. Staff recommends motion to approve: the reappointment of the following individual for a term of four (4) years beginning on June 1, 2008, through May 31, 2012 to the Westgate/Belvedere Homes Community Redevelopment Agency (CRA) Board:
Name Nominated
By Seat No.
Ronald L. Daniels Commissioner John F. Koons 6
Commissioner Addie L. Greene
Commissioner Karen T. Marcus
SUMMARY: The Westgate/Belvedere Homes CRA Board consists of
seven (7) at- large members from the general public and local businesses within
the CRA boundaries. Ordinance 89-6 requires that the Palm Beach County Board of
County Commissioners appoint the CRA Commissioners. After duly advertising, the CRA held its
Annual Meeting on May 12, 2008 to reappoint candidates to fill seat 6. Ronald L. Daniels, a General Contractor, has
expressed a willingness to remain on the CRA in Seat 6. Mr. Daniels was nominated by the CRA Board
members and residents to be recommended to the Board of County Commissioners. District
2 (TKF)
2. Staff recommends motion to approve: the following Westgate/Belvedere Home Community Redevelopment Agency (CRA) Board Officers for a one (1) year term commencing June 16, 2008, and expiring June 15, 2009:
Board Member Office
Frederick G. Wade Chair
Ronald Daniels Vice-Chair
SUMMARY: The Westgate/Belvedere Homes CRA Board consists of seven
(7) at- large members from residents and local businesses within the CRA
boundaries. At the June 16, 2008
meeting, the CRA Commissioners elected the Chair and Vice-Chair from amongst
its Board. The term shall be one (1)
year, beginning with the date of election. District 2 (TKF)
SEPTEMBER 9, 2008
7. BOARD
APPOINTMENTS
D. PUBLIC AFFAIRS
(Education and
Government Programming Advisory Board)
1. Staff recommends
motion to approve: appointment of one (1) At-Large member to fill the
Adult Education Seat 5 on the Education and Government Programming Advisory
Board for a term of two (2) years:
|
Nominee |
Requirement |
Seat |
Nominated By |
Term |
|
Dr. Bernadette Mendonez
Russell |
Adult Education |
5 |
Comm. Greene Comm. Koons |
8/19/08- 8/18/10 |
|
|
|
|
Comm. Marcus |
|
|
|
|
|
Comm. McCarty |
|
|
|
|
|
Comm. Santamaria Comm. Aaronson |
|
Summary: The Education and Government Programming
Advisory Board was created by Resolution No. R-91-1489 and amended by
Resolution No. R-92-388 on March 17, 1992. The Advisory Board consists of ten
(10) At-Large members. Board members represent fields of expertise from the
following categories: Broadcast General Manager; Engineer with experience in
telecommunication systems; Marketing Director; Cable Industry; Adult Education;
PBC Public School System; Member of the BCC; Municipal government
representative; and two Citizens-at-Large. The members are appointed by the
Board of County Commission and provide assistance in the operation of Channel
20. There is one (1) position on the Education and Government Programming
Advisory Board that needs to be filled. The position to be filled is Seat five
(5) Adult Education. On July 3, 2008, a memo was sent to the Board of County
Commissioners requesting nominations or appointments. Countywide (MJ)
E. ADMINISTRATION
(Health Facilities Authority)
1. Staff recommends
motion to approve: reappointment of one (1) individual to the Health
Facilities Authority, effective May 1, 2008:
Nominee Seat No. Seat
Requirement Term Expiration Nominated by:
Timothy
Monaghan 3 Resident
of PBC 04/30/2012 Comm. Koons
Comm.
Santamaria
Comm.
Greene
SUMMARY: Per Chapter 154.207, Florida Statutes and Resolution Nos. R77-379, R77-398 and R92-563, the Health Facilities Authority is composed of five (5) members appointed at-large by the Board of County Commissioners (BCC). A memo dated July 14, 2008 was circulated notifying the BCC that Mr. Monaghan’s term had expired, and he has expressed an interest in serving another four (4) year term. No other nominees were received. Countywide (TKF)
SEPTEMBER 9, 2008
7. BOARD
APPOINTMENTS
E. ADMINISTRATION
(Cont’d)
(Florida Atlantic Research & Development
Authority)
2. Staff recommends
motion to approve: reappointment of one (1) individual to the Florida
Atlantic Research & Development Authority, effective September 13, 2008:
Nominee Seat No. Seat
Requirement Term Expiration Nominated by:
Michael J. Arts 2 Resident
of PBC 09/12/2012 Comm. Marcus
Comm. Koons
Comm. Kanjian
Comm. McCarty
Comm. Santamaria
Comm.
Greene
SUMMARY: Ordinance 85-32 created the Florida Atlantic Research
& Development Authority, which is composed
of seven (7) members: three (3) members appointed by the Palm Beach County
Board of County Commissioners; three (3) members appointed by the Broward Board
of County Commissioners; and one (1) member is the President of Florida
Atlantic University (FAU) or his/her designee.
A memo dated July 23, 2008 was circulated notifying the BCC that
Mr. Arts’ term will expire September 12, 2008, and that Mr. Arts has expressed
an interest in serving another four (4) year term. No other nominees were
received. Countywide (TKF)
(Value Adjustment Board)
3. Staff recommends motion to approve: appointment of following individual to replace one (1) of the County Commissioners on the Value Adjustment Board (VAB), effective September 1, 2008:
Nominee: Nominated By:
Scott Johnston Commissioner McCarty
SUMMARY: Per Chapter 2008-197, Laws of Florida, the BCC must change
the current appointed membership of the VAB.
Currently, the VAB is made up five (5) members: three (3) County
Commissioners; and two (2) School Board members. Effective September 1, 2008,
one (1) of the existing County Commissioners serving on the VAB (Commissioner
Jeff Koons, Chairman; Commissioner Karen T. Marcus; and Commissioner Burt
Aaronson) must be removed and replaced with a citizen member owning homestead
property in Palm Beach County. The
appointed citizen member may not be a member or an employee of any taxing
authority and may not represent a property owner in any administrative or
judicial review of property taxes. The
School Board is also required to replace one (1) of its two (2) VAB members
with a citizen member with specified property ownership. A memo dated July 7, 2008 notified the BCC of
the required changes and requested nominations for the citizen member. No other nominations have been received. Countywide
(PFK)
SEPTEMBER 9, 2008
7. BOARD
APPOINTMENTS
F. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
(Impact Fee Appeals Board)
1. Staff recommends
motion to approve: the appointment of Charles S. Hafer to the Impact
Fee Appeals Board to complete the term of Thomas Workman, Jr. that expires
August 31, 2010. SUMMARY: The
Impact Fee Appeals Board is composed of five (5) members. The membership of the
Board includes one (1) traffic engineer, one (1) accountant, one (1) attorney,
one (1) representative of the general public and one (1) developer/builder.
Impact Fee Appeals Board members must be qualified electors of Palm Beach
County at least two (2) years prior to their appointment. This agenda item
provides for the appointment of Charles S. Hafer to complete the unexpired term
of Thomas Workman, Jr., Seat No. 4, accountant, which expires August 31, 2010.
The vacancy on the Impact Fee Appeals Board was created when Mr. Workman
resigned upon his appointment to the Board of Trustees of Florida Atlantic
University. Countywide (LB)
G. PALM TRAN
(Palm Tran Service Board)
1. Staff recommends
motion to approve: appointment of one (1) At-Large member to
the Palm Tran Service Board (PTSB) for a term of two (2) years, effective
September 9, 2008:
Term to
Nominee Category/Seat
No. Expire Nominated By
Tomas Boiton Transportation
Experience 9/8/2010 BCC Consensus Seat
#12 (new)
SUMMARY: Since 2007, the PTSB has been comprised of
11 at-large members; however Agenda
Item 6J-1 on the September 9, 2008 Regular Agenda created an additional seat on
the PTSB in the area of “transportation experience.” The appointment of Tomas Boiton for Seat 12
will fill the seat created by the Board of County Commissioners under Agenda
Item 6J-1. Mr. Boiton is a Transportation Consultant for Nonprofits, and as
such has worked with many local agencies.
He is also the founder of the Public Transportation Advocacy Coalition.
At the June 18, 2008 Budget Workshop, Mr. Boiton requested the BCC consider
appointing him to the PSTB. By consensus, the Board agreed and directed staff
to move forward with revising the Resolution to include an additional seat and
board appointment for Mr. Boiton. Countywide (DR)
H. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
SEPTEMBER 9,
2008
8. MATTERS BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
SEPTEMBER 9,
2008
9. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
SEPTEMBER 9, 2008
10. COMMISSIONER
COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS
Proclamation
declaring August 23, 2008 as “River Center Day” in Palm Beach County.
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
11. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."
September 9, 2008 – 9:30 a.m.
Final
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
SEPTEMBER 9, 2008
PAGE ITEM
15 3C-14 DELETED: Staff recommends motion to approve: a
Public Facilities Agreement (Agreement) with Old Marsh Golf Club, Inc. (Old
Marsh) to construct three (3) drainage outfalls necessary for construction of the
Jog Road/Donald Ross Road from Hood Road to 64th Drive North roadway
construction project (Project). (Engineering) (Old Marsh did not execute
Agreement)
66 6B-1 DELETED: Presentation by Clerk on excess fees and $1.90
Court technology revenue as requested by Board. (Clerk & Comptroller)
69 6E-2 ADD-ON, TIME CERTAIN 11:30 A.M.: Staff requests
direction: regarding Court related information technology funding. SUMMARY:
Effective July 1, 2004, Florida Statutes require the County to fund court
related information technology and the Clerk of the Courts to fund her court
related information technology. At the same time, the Florida legislature
enacted a special $4 recording fee to be used to offset the cost of court
technology. These fees are imposed when certain documents are recorded as
stipulated in Florida Statute (F.S.) 28.24(12)(e)1. The $4 is allocated as
follows: County $2, Clerk $1.90, State $0.10. The initial budget requests
submitted by Court Administration, Public Defender, and the State Attorney
(Stakeholders) totaled $3,496,645 for direct information technology costs. In
addition, related ISS costs total $1,228,996 for the stakeholders and
$1,607,166 for the Justice Information System (JIS). The County
Administrator cut the stakeholders’ request by $1,429,756 and the Clerk has
indicated that she will remit payment of $310,965 towards a $2.8 million
outstanding receivable for Clerk related JIS costs. The revised tentative court
related information technology budget, after the County Administrator’s cuts
and increase for the Clerk’s payment, will be $5,214,016, down $2 million or
28% from the current year. Of this total, direct information technology costs
of $2.4 million are limited to the level of funding generated by the $2
recording fee and the Clerk’s payment for JIS costs. The remaining $2.8 million
in Ad Valorem will cover the ISS related costs for the stakeholders and the
JIS. Countywide (PFK) (OFMB)
72 6L-1 DELETED: Staff recommends motion to: A) approve a Broadband Radio Service Decommission and Relocation
Agreement with T-Mobile USA, Inc.; and…(Public Affairs) (Further staff review)
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 (*).