ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
MARCH 17, 2009
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 7 - 35)
4. SPECIAL
PRESENTATIONS - 9:30 A.M. (Page
36)
5. PUBLIC HEARINGS - 9:30
A.M. (Page 37)
6. REGULAR
AGENDA (Pages 38 - 42)
TIME
CERTAIN 11:00 A.M. (Transit Oriented Development) (Page 40)
7. BOARD
APPOINTMENTS (Page 43)
8. MATTERS
BY THE PUBLIC - 2:00 P.M. (Page 44)
9. STAFF
COMMENTS (Page 45)
10. COMMISSIONER
COMMENTS (Page 46)
11. ADJOURNMENT (Page 46)
* * * * * * * * * * *
MARCH 17, 2009
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Resolutions
from three (3) municipalities regarding various issues
3A-2 Resolution
urging dedicated funding source for SFRTA
3A-3 Grant
Agreement with Film & Television Commission for operational, education,
equipment
Page 8
3A-4 Declaration
of Unity of Control for Briger/Scripps Phase II property
B. CLERK & COMPTROLLER
Page 8
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claim settlements list
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Change Order No. 10 with Charles S.
Whiteside, Inc. regarding construction of Westgate North infrastructure project
3C-2 Supplemental Agreement No. 14 with Greenhorne
& O’Mara regarding Okeechobee Blvd.
project (Royal Palm Beach High School to east of Jog Road)
Page 9
3C-3 Deleted
3C-4 Local Agency Program Agreement with FDOT for
design/construction of five (5) overhead mast arm school zone flashers
3C-5 Receive and file final contract summary for
Phil Foster Boat Ramp improvements
3C-6 Renewal of landscape architectural services
agreements with Gentile, Holloway, O’Mahoney & Associates, Inc. and
Roy-Fisher Associates, Inc.
3C-7 Resolution accepting maintenance of Island
Way
Page 10
3C-8 Six
(6) resolutions declaring acquisition of properties needed for improvements at the
intersection of Seminole Pratt-Whitney and Northlake Blvd.
3C-9 Receive and file report of plat recordations
3C-10 Resolution vacating a portion of a utility
easement in Old Port Village
3C-11 Acceptance of Yellow Brick Road, South 19th
Drive and South 19th Ave for maintenance
3C-12 Interlocal Agreement with City of Boca Raton
for Boca Raton Inlet improvements
3C-13 Deleted
Page11
3C-14 Task to annual civil engineering agreement with
Keshavarz & Associates regarding Lakeside Mobile Home Park drainage system
3C-15 Receive and file Modification No. 1 with
Florida Division of Emergency Management regarding Westgate/Belvedere Homes CRA
engineering study
D. COUNTY ATTORNEY
Page 11
3D-1 Amendment
No. 12 to employment contract with Denise M. Nieman, County Attorney
3D-2 Settlement
in the case of Palm Beach County v. Claude E. Jordan (eminent domain)
E. COMMUNITY SERVICES
Page 12
3E-1 Contract with Area Agency on Aging for
monitoring, technical assistance and training to provider agencies
3E-2 Agreement
with Area Agency on Aging for the Older Americans Act program
3E-3 Contract with Nonprofits First/Executive
Service Corps of Southeast Florida for training, education and technical
assistance to Financially Assisted Agency grantees
Page 13
3E-4 Amendment No. 2 to Children’s Case
Management Organization to change unit of service definition
3E-5 Budget Amendment regarding Human Services
Emergency Food and Shelter budget
3E-6 Supplemental funding request to Office of
Head Start regarding Dual Language Institute training
MARCH 17, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
F. AIRPORTS
Page 13
3F-1 Contract with West Construction, Inc. for
corporate hangar buildings at North County General Airport
Page 14
3F-2 Air
Cargo Building Lease & Operating Agreement with Federal Express Corp. at
PBIA
3F-3 Assignment
of Rights Agreement with Jet Aviation Associated LTD for sales tax collected
3F-4 Receive
and file two (2) standard agreements for Department of Airports
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 15
3G-1 Write
off of 262 uncollected non-sufficient funds checks
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 15
3H-1 Third Restated Agreement with The Historical
Society of Palm Beach County for operation of a museum and occupancy of space
in the 1916 Courthouse
3H-2 Amendment
No. 4 with B.K. Electric to renew annual electrical contract
Page 16
3H-3 Amendment
No. 4 with Knight Electric Company to renew annual electrical contract
3H-4 Amendment No. 4 with S&F Construction to
renew annual pavilions, shelters and sheds contract
3H-5 Budget Amendment regarding Jail Expansion
Program project budget
3H-6 CSA No. 4 with Colome & Associates
regarding Greenacres Library renovations
Page 17
3H-7 First Amendment with West Palm Beach Veterans
Affairs Medical Center regarding County’s 800MHz radio system
3H-8 Interlocal Agreement with Village of
Wellington regarding fuel control reader at Village’s public works facility
3H-9 First
Amendment with Town of Jupiter regarding Pine Garden Park
Page 18
3H-10 Deleted
3H-11 CSA No. 7 with Hellmuth, Obata & Kassabaum regarding West County
Detention Center
3H-12 Sole source procurement with SimplexGrinell LP regarding fire alarm
system
3H-13 CSA No. 8 with Hellmuth, Obata & Kassabaum regarding Stockade
redevelopment
Page 19
3H-14 Agreements/Resolution regarding conveyance, use
and maintenance with G.L. Homes of Boca Raton Associates for exchange of
property
I. HOUSING & COMMUNITY DEVELOPMENT
Page 20
3I-1 Increase
in maximum SHIP housing purchase assistance subsidy
3I-2 Amendment No. 1 with City of Pahokee
regarding passive courtyard and parking area at corner of Adams Place and
Rardin Ave
J. PLANNING, ZONING & BUILDING
Page 21
3J-1 Resolutions granting County tax exemptions
for two (2) historic properties in Town of Palm Beach
K. WATER UTILITIES
Page 21
3K-1 Resolution
amending Water Utilities Deferred Payment Plan
Page 22
3K-2 Work Authorization No. 7 with AKA Services
for Seminole Pratt-Whitney Road water main stub-out and fire hydrant
installations
3K-3 Work Authorization No. 14 with Globaltech,
Inc. for Town of Mangonia Park elevated water storage tank bowl and riser pipe
3K-4 Partial
Release of utility easement on land owed by American Heritage School of Boca
Delray
MARCH 17, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
K. WATER UTILITIES (Cont’d)
Page 23
3K-5 Contract with Electron Corporation of South
Florida for FPL load control, generator switchgear, and electrical systems
improvements at several water utility facilities
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 23
3L-1 Interlocal Agreement with Westgate/Belvedere
Homes CRA for infrastructure improvements to the North Westgate stormwater
drainage basin
Page 24
3L-2 Agreement
with SFWMD for Sandhill Crane East-Loxahatchee Slough Restoration project
3L-3 Budget
Amendments/Transfer regarding Natural Areas projects
Page 25
3L-4 Work Order No. 1666-02 with Eastman
Aggregates Enterprises for the Lake Ida restoration project
3L-5 Amendment No. 1 with Harbor Branch Oceanographic
Institute at FAU to conduct oyster monitoring
3L-6 Amendment
No. 1 with Loggerhead Marinelife Center for sea turtle monitoring
M. PARKS & RECREATION
Page 26
3M-1 Agreement
with City of Delray Beach for step team/dance team program expenses
3M-2 Agreement
with Expanding and Preserving Our Cultural Heritage for Spady Kids Cultural
Club
3M-3 Agreement
with Inlet Grove Community High for student trip to Washington, D.C.
3M-4 Agreement
with Third and Division for youth recreational programs
3M-5 Budget
Transfers for Jupiter Beach Park seawall
Page 27
3M-6 National
Park Service’s American Battlefield Protection Program Grant at Riverbend Park
3M-7 Interlocal
Agreement with Village of Palm Springs for ballfield re-lighting project
3M-8 Interlocal
Agreement with City of Pahokee for Pahokee Eco-Islands project
3M-9 Receive
and file School Board RAP for Washington Elementary musical instruments
Page 28
3M-10 Receive and file School Board RAP for Glades Central High football
travel expenses
3M-11 Deleted
3M-12 Budget Transfers/Amendment related to District 3 Recreational
Assistance Program
3M-13 First Amendment with Gordon Andrews for USA Competitive Head Swim
Coach services
Page 29
3M-14 Receive and file six (6) independent contractor agreements for Parks
& Recreation
3M-15 Third Amendment with The ICEE Company for frozen beverages at
waterparks
3M-16 Budget Transfer related to Okeeheelee South Park development
N. LIBRARY
Page 30
3N-1 Grant
Agreement for State Aid to Libraries from Division of Library and Information
Services
P. COOPERATIVE EXTENSION SERVICE
Page 30
3P-1 Grant
Agreement with Western Palm Beach County Farm Bureau for 2009 Sweet Corn Fiesta
3P-2 Reallocation
of $30,000 to Mounts Botanical Garden entrance project
Q. CRIMINAL JUSTICE COMMISSION
Page 31
3Q-1 Interlocal
Agreement with PBSO regarding Youth Violence Prevention project
R. HUMAN RESOURCES - None
MARCH 17, 2009
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
S. FIRE RESCUE
Page 31
3S-1 Receive
and file three (3) standard swimming lesson agreements for Fire Rescue
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES - None
V. METROPOLITAN PLANNING ORGANIZATION
Page 32
3V-1 Receive
and file JPA with FDOT for independent transportation network for seniors
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 32
3X-1 Receive and file grant with Department of
Community Affairs for emergency management funds
3X-2 Receive and file grant with Department of
Community Affairs for WebEOC Regional Web-based information sharing system
Y. PURCHASING - None
Z. RISK MANAGEMENT
Page 33
3Z-1 Renewal
of Property Insurance Policy for designated properties of Water Utilities
3Z-2 Renewal
of Excess Automobile Liability Insurance for Palm Tran bus fleet
3Z-3 Renewal
of Excess Property & Liability Insurance for County-owned property
AA. PALM TRAN
Page 33
3AA-1 Interlocal Agreement with Village of Wellington regarding
paratransit transportation services
Page 34
3AA-2 Standard Agreement with Area Agency on Aging regarding
Division of Senior Services transportation services
BB. SHERIFF
Page 34
3BB-1 Accept 2008 Paul Coverdell National Forensic Sciences Improvement
Grant from FDLE
3BB-2 Accept State Criminal Alien Assistance Program Grant from Bureau of
Justice Assistance
Page 35
3BB-3 Accept Agreement with Area Agency on Aging for Elderly Abuse
Training project
3BB-4 Budget Transfer from Law Enforcement Trust Fund
to State Attorney’s Office regarding Gang & Gun related crimes
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 36
4A Women’s History Month
4B Bicycling Month in Palm Beach County and
Southeast Florida
4C Darrell Gwynn Foundation Day
4D Kick Butts Day
4E Contract Management Week
4F Water
Conservation Month
MARCH 17, 2009
TABLE OF CONTENTS
PUBLIC HEARINGS - 9:30 A.M.
Page 37
5A Resolution
abandoning a portion of Genessee Avenue within Westgate Estates
5B Ordinance revising schedule of rates,
fees and charges for potable water, wastewater, and reclaimed water services
REGULAR AGENDA
ADMINISTRATION
Page 38
6A-1 Resolution
to reduce youth smoking and improve the health of Florida citizens
6A-2 Tax
Collector suburban West Palm Beach branch office
COUNTY ATTORNEY
Page 38
6B-1 Resolution
revising County’s Investment Policy
ENGINEERING
& PUBLIC WORKS
Page 39
6C-1 Amendment
No. 5 with FDOT for enhancement of County’s computerized signal system
PUBLIC
SAFETY
Page 39
6D-1 Resolution
establishing and approving new MVP program
WATER
UTILITIES
Page 40
6E-1 Resolution
revising Uniform Policy and Procedures Manual
FACILITIES
DEVELOPMENT & OPERATIONS
Page 40
6F-1 Transit
Oriented Development RFP – TIME CERTAIN
11:00 A.M.
Page 41
6F-2 Interlocal
Agreement with SFRTA regarding West Palm Beach Intermodal Transit Facility
Page 42
6F-3 Convention
Center/Roger Dean Stadium Renewal/Replacement Restricted Reserve Fund
BOARD APPOINTMENTS (Page 43)
MATTERS BY THE PUBLIC – 2:00 P.M. (Page
44)
STAFF COMMENTS (Page 45)
COMMISSIONER
COMMENTS (Page 46)
ADJOURNMENT (Page 46)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends motion to receive and file:
A) Resolution No. 2009-003 of the Town of Loxahatchee Groves, Florida expressing its support for the Florida Legislature to repeal Section 10(5) of Chapter 2007-67, Laws of Florida, which enacted a moratorium on the ability of a municipality, county, or other unit of local government’s right to adopt regulations governing the right to purchase, sell, use, or possess consumer fireworks;
B) Resolution No. 58-08 of the City Commission of the City of Delray Beach, Florida, opposing and protesting the efforts of Palm Beach County to deny the City’s water and sewer utility the same rate-setting authority granted to all municipalities in the State of Florida that operate water or sewer utilities outside their municipal boundaries; and
C) Resolution No. 2009-1682 of the City Commission of the City of Lighthouse Point, Florida, supporting House Bill 189 and Senate Bill 922, pertaining to the regulation of specific breeds of dogs, urging municipalities throughout Broward County and the State of Florida to support House Bill 189 and Senate Bill 922; urging greater efforts to protect the general public from dangerous dogs; directing the City Clerk to transmit a copy of this Resolution to the Governor, the Broward Legislative Delegation, and other members of the Florida Legislature, as well as all municipalities located within Broward and Palm Beach counties and the Board of County Commissioners for Palm Beach and Broward counties.
2. Staff recommends
motion to adopt: a Resolution
of the Board of County Commissioners of Palm Beach County, Florida, urging the
Florida Legislature to provide an annual dedicated funding source for the South
Florida Regional Transportation Authority through a new $2 rental car
surcharge. SUMMARY: At the
February 24, 2009 Board of County Commissioners Meeting, Commissioner Burt
Aaronson requested this Resolution be drafted for adoption by the Board at
their next meeting. At that time, the Board members present agreed to the
Resolution. Countywide (DW)
3. Staff recommends
motion to approve: a $100,000 Film & TV Technical Preparation Grant
Agreement with The Palm Beach County Film & Television Commission (FTC)
commencing March 17, 2009 and ending March 17, 2010. SUMMARY:
The objectives of the PBC Film & TV Technical Preparation Program are to
prepare high school students for a career pathway; to create a future workforce
in the film & television industry; to provide educational, financial and
logistic resources for high school, college students and teachers through the
Palm Beach County Film & Television Commission (FTC). This $100,000
Agreement with FTC will provide funding for operational, education and
equipment expenses for conducting the Program, which is entering its 13th year
of operation. This Grant will continue to
develop the Film & TV Industry in Palm Beach County through an enhanced
strategic plan drafted by educators and industry professionals. FTC provides
$100,000 in-kind match through staff and service support, oversight services,
and office space and computers. This
Grant Agreement has been approved for the current budget year and represents a
33% funding reduction from the previous year. Countywide (DW)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
4. Staff
recommends motion to:
A) approve a Declaration of Unity of Control for the Briger/Scripps Phase II
Property as required by the City of Palm Beach Gardens; and
B) authorize the County Administrator or his designee to execute all applicable forms related to joint applications for Development Approvals on the Briger/Scripps Phase II Property.
SUMMARY: The City of Palm Beach Gardens is requiring the execution of this form as part of the Application for a Planned Community Development. On November 6, 2007, the Board of County Commissioners approved an Agreement (R2007-1888) in the amount of $716,662 with the Lester Family Investments L.P., Richard Thall, Robert Thall, Peter L. Briger, Paul H. Briger and the David Minkin Florida Realty Trust to jointly fund professional services related to a joint application for a Development of Regional Impact, Future Land Use Amendment, Concurrency Approval, Planned Community Development and a Conceptual Environmental Resource Permit for the 683 acre Briger site, including 70 acres, 1.6 million square feet for Scripps use, and 100 acres for 2.4 million square feet of additional bioscience use. The execution of this document has no fiscal impact. District 1 (RB)
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 October
23, 2008
Zoning January
29, 2009
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: Change Order No. 10 in the amount of $36,450 to
Contract No. R2007-1057 with Charles S. Whiteside, Inc., for construction of
Westgate North Infrastructure Phase 3 (Project). SUMMARY: Approval of Change Order No. 10 will
provide compensation for removal and disposal of additional unsuitable material
from excavation areas of this Project. This Change Order is being brought to
the Board of County Commissioners for approval due to the previous combined
approvals of the Lead Department and the committee reaching the $200,000
threshold pursuant to PPM-CWF-50. District
2 (MRE)
2. Staff recommends motion to approve: Supplemental Agreement No. 14 to Project Number 2000503 under Agreement R2000-1737 in the amount of $48,987.73 with Greenhorne & O’Mara, Inc. for professional services. SUMMARY: Approval of this Supplemental Agreement will provide additional permitting effort required to address Florida Department of Transportation comments, provide plan revisions and additional structural analysis, and post design services for Okeechobee Boulevard from Royal Palm Beach High School to east of Jog Road. Districts 2 & 6 (PK)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. DELETED
4. Staff recommends
motion to:
A) adopt a Resolution to enter into a Local Agency
Program (LAP) Agreement FPN 423189-1-38/58-01 with the Florida Department of
Transportation providing Federal Safe Routes to School (SRTS) funding for the
design and construction of five (5) overhead mast arm school zone flashers; and
B) approve a Budget Amendment of $467,500 in the
Transportation Improvement Fund to recognize a Federal SRTS grant for the
design and construction of five (5) overhead mast arm school zone flashers.
SUMMARY: This LAP Agreement will allow Palm Beach
County to receive $467,500 in Federal grants to fund the design and
construction of overhead mast arm school zone flashers at five (5) elementary
school locations. No matching funds are
required. This Agreement will expire
December 31, 2010. Districts 2, 3
& 5 (MRE)
5. Staff recommends motion to receive and file: Final Contract Summary for Final Acceptance and Final Payment of $89,450 for Phil Foster Boat Ramp Maintenance Dredging and Stub Canal Boat Ramp Improvements, Project No. 2008059 (Contract), R-2008-1397, with Murray Logan, Inc. (Contractor). SUMMARY: The Contract included maintenance dredging and reconstruction of boat ramp facilities at two (2) Palm Beach County parks. Work was performed in accordance with the Annual General Contracting Services Agreement, between Northern Palm Beach County Improvement District and the Contractor, which was incorporated by reference. Department of Parks and Recreation reviewed the work as substantially complete in accordance with the Contract and recommended payment to the Contractor on November 20, 2008. Final payment was approved by the Deputy County Engineer on January 21, 2009. Districts 1 & 2 (MRE)
6. Staff recommends
motion to approve: the renewal of the Landscape Architectural
Services annual agreements with Gentile, Holloway, O’Mahoney & Associates,
Inc., whose original Agreement, was dated May 1, 2007 (R2007-0617) and
Roy-Fisher Associates, Inc., whose original Agreement, was dated April 10, 2007
(R2007-0466). SUMMARY: Approval
of these renewal agreements will extend for one (1) year, required professional
services on a task order basis. Countywide
(PK)
7. Staff recommends motion to adopt: a Resolution to accept maintenance of Island Way, which is a thoroughfare road, between Indiantown Road and the Palm Beach County/Martin County line, including the C-18 Canal Bridge, at an estimated cost of $13,200 annually. SUMMARY: Island Way was platted as a County Road and has been built as a four (4) lane divided road from Indiantown Road to the Palm Beach County/Martin County Line by Schickedanz Capital Group, LLC, the developer of Jupiter Isles. Palm Beach County provided funds towards the construction of a section of this road. The construction is complete and the developer is requesting the Board of County Commissioners accept maintenance of the road. District 1 (MRE)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
8. Staff recommends
motion to adopt: six (6)
Resolutions declaring the acquisition of properties designated as Parcels 106
and 110 as permanent right-of-way easements and Parcels 206, 209, 210 and 217
as permanent embankment easements necessary for the widening and construction
of improvements for the intersection of Seminole Pratt Whitney Road and
Northlake Boulevard. SUMMARY: This action will adopt six (6) Resolutions to authorize the filing of
eminent domain proceedings against six (6) parcels whose total appraised value
is $70,300. District 6 (PM)
9. Staff recommends motion to receive and file: a report of plat recordations from October 1, through December 31, 2008. SUMMARY: This is a quarterly summary of subdivision plats recorded during the past fiscal quarter as required by 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)
10. Staff recommends motion to adopt: a Resolution vacating a portion of a five (5) foot wide utility easement over the westerly five (5) feet of Lot 53A, Plat No. 1-A, Old Port Village, as recorded in Plat Book 28, Page 130, Public Records of Palm Beach County, Florida. SUMMARY: This petition site is located north of RCA Boulevard, on the east side of Old Harbour Road. The petitioner is requesting the vacation to resolve an error in the location of the house in relation to the utility easement. District 1 (PK)
11. Staff recommends motion to approve: acceptance of Yellow Brick Road, South 19th Drive, from Yellow Brick Road north 112 feet +/-, and South 19th Avenue, from Yellow Brick Road north 112 feet +/-, for maintenance, at a cost of $16,380 to bring the roads up to Palm Beach County standards, and at a projected cost of $350 per year to maintain them. SUMMARY: Approval of this acceptance will provide for maintenance of Yellow Brick Road, a portion of South 19th Drive, and a portion of South 19th Avenue. District 3 (PK)
12. Staff recommends
motion to approve:
A) an Interlocal Agreement with the City of Boca
Raton to reimburse $100,000 for improvements to the Boca Raton Inlet;
B) a Budget Transfer of $100,000 in the
Transportation Improvement fund from Reserve for District 4 to S.E. 15th
Avenue Bascule Bridge; and
C) a Budget Transfer of $100,000 in the Capital
Outlay Fund from S. E. 15th Avenue Bascule Bridge to Boca Raton
Inlet Dredging – District 4.
SUMMARY: The
Budget Transfers will allow Palm Beach County to enter into an interlocal
agreement with the City of Boca Raton to fund the dredging of the Boca Raton
inlet. District 4 (MRE)
13. DELETED
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
14. Staff recommends
motion to approve:
A) a $216,836.50 Task to the Annual Civil
Engineering Agreement (R2007-0460) with Keshavarz & Associates, Inc. for
engineering, surveying, permitting and printing services for design and
construction plans for Lakeside Mobile Home Park (Park) Drainage System
Improvement (Project); and
B) a Budget Amendment of $144,761 in the Capital
Outlay Fund to recognize funding from Westgate/Belvedere Community
Revitalization Agency and appropriate it to the Project.
SUMMARY: This
Project will provide drainage improvements for the Park, primarily by the
installation of a storm water pump on the L-2 Canal. The Federal Emergency Management Agency has
approved this Project for funding reimbursement through their grant
program. District 2 (MRE)
15. Staff recommends
motion to receive and file: an executed Modification Number One to
Subgrant Agreement, 08HM-3G-10-60-01-042, with the State of Florida, Division
of Emergency Management, to extend the grant retroactively through December 15,
2008. SUMMARY: On December 18,
2007, the Palm Beach County Board of County Commissioners received and filed
the original Subgrant Agreement. The
Subgrant will reimburse the Westgate/Belvedere Homes Community Redevelopment
Agency for a currently complete engineering study - Project No. 2009054 - to
improve drainage in the northern area of the Westgate subdivision. District 2 (MRE)
D. COUNTY
ATTORNEY
1. Staff recommends motion to approve: Amendment No. 12 to the Contract (R96-0714D) for the employment of Denise M. Nieman as County Attorney for a term ending September 14, 2014. SUMMARY: This Amendment provides for the services of Denise M. Nieman as County Attorney through September 30, 2014. The contract was automatically extended an additional one (1) year to March 26, 2014; however, this Amendment provides for the term to extend to September 30, 2014 to coincide with the County’s fiscal year (October 1st through September 30th). No salary increase is being sought this year; the current annual salary is $199,513. Any future increases will be limited to those provided other County employees. Countywide (DMN)
2. Staff recommends motion to approve: Settlement in the total amount of $794,025 inclusive of all attorneys fees, but excluding costs, as to Parcels 3180, 3450, 5660, 6140, 6150, 7200, 7210, 7390, 7570, 7770, and 7790, in the case of Palm Beach County v. Claude E. Jordan,, et al., Case No. 50 2004CA005207AA (consolidated with Case Nos.: 50 2004CA005573AA, 50 2003CA008659AA and 50 2004CA007464AA). SUMMARY: Between November 2003 and August 2004, the County condemned these 11 parcels of land through eminent domain for conservation purposes, in an area known as "Unit 11," located in the northern section of the Acreage. Since the County has already taken the property, the issue in the case is the amount of full compensation due to the owner of each parcel. The County’s cost is provided by the Unit 11 Acquisition/Enhancement Fund supported by mitigation dollars. There is no ad valorem impact. Countywide (DRO)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Contract with Area Agency on Aging Palm
Beach/Treasure Coast, Inc., for the period October 1, 2008, through September
30, 2009, for an amount of $229,900. Summary: Contract with this non‑profit agency is
budgeted as a County‑Sponsored Program. Area Agency on Aging Palm
Beach/Treasure Coast, Inc. will provides services through staff which will
employ monitoring, technical assistance and training to ensure that provider
agencies provide high quality service, and comply with all contract terms, as
well as applicable state and federal laws.
Countywide (TKF)
2. Staff recommends
motion to approve: Standard Agreement No. IA009-9500 for the
Older Americans Act (OAA) program with the Area Agency on Aging of Palm
Beach/Treasure Coast, Inc. (AAA) for the period January 1, 2009, through
December 31, 2009, in the amount of $1,924,817 for various services to the
elderly. Summary: The Agreement
will allow the Division of Senior Services (DOSS), as lead agency, to provide
Adult Day Care, Interpreter/Translating, Screening/Assessment and Outreach.
DOSS also contracts with vendors to provide Adult Day Care, Escort, In-Home
Services (Homemaker, Personal Care, Respite, Companionship and Chore),
Congregate Meals, Home Delivered Meals, Nutrition Education, Nutrition
Counseling, and Specialized Medical Equipment, Services & Supplies, which
are funded with $1,924,817 in Federal funds, $213,869 in County required funds,
$2,520,006 in additional County funds, $361,091 in NSIP Meal funds and $98,271
in Program Income funds (Private Donations).
The Agreement spans two (2) County fiscal years. Sufficient funding is available in the FY
2009 budget to meet County obligations.
County match and additional funding required to meet FY 2010 obligations
will be requested in the FY 2010 budget process. OAA funds administered and managed by the AAA
will allow DOSS to provide assistance to the elderly population and caregivers
and is the only federal supportive services program directed solely toward
improving the lives of the elderly population and caregivers. 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)
3. Staff recommends
motion to approve:
Contract with Nonprofits First/Executive Service Corps of Southeast Florida,
Inc., for the period October 1, 2008, through September 30, 2009, in an amount
of $100,000, for training, education and technical assistance. Summary: Contract with this non‑profit
agency is budgeted as a County‑Sponsored Program. The Center for Nonprofit Excellence, a program
of the Executive Service Corps of Southeast Florida, Inc., developed and
produced the 2007 Certification Assessment Tool, a Self-Assessment Manual, and
will offer an array of training, education and technical assistance resources
and programming to Financially Assisted Agencies grantees. Countywide (TKF)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
4. Staff recommends
motion to approve:
Amendment No. 2 to Children’s Case Management Organization, Inc. d/b/a Families
First (R2008-2125) for the period October 1, 2008, through September 30, 2009,
to change the unit of service definition. Summary: Adjustments to the unit of service definition
is necessary in order for Families First to be able to bill for each unit of
service provided. The unit is currently
defined as one (1) hour of service and
may include one (1) home visit, one (1) face to face, one (1) telephone call,
one (1) school visit, one (1) collateral visit, or one (1) workshop. The unit will now be defined as 15 minute
increments of service delivery that may include home visits, face to face
contacts, school visits, collateral visits, workshops, or supervision to
discuss case consultations and direction for the needs of the family
served. The service description
is not changing and they will continue to provide the same services as
contracted for in September 2008. There
is no change to the contract amount and no additional funding is being
requested. Countywide (TKF)
5. Staff recommends
motion to approve: an upward Budget Amendment of $19,823 in
the General Fund to reconcile the Human Service’s Emergency Food and Shelter
budget to the actual grant award. Summary: For FY 2009, a budget of $90,000 was projected
for the Emergency Shelter Grant Funds. However, the actual amount awarded is $109,823. A Budget Amendment of $19,823 is needed to align
the County budget with the grant award. No match is required for these funds.
(Human Services) Countywide (TKF)
6. Staff recommends
motion to approve: Supplemental
funding request to Office of Head Start, for the period of October 28, 2008, through
October 31, 2008, in an amount of $2,500, for cost incurred for staff
attendance at the Dual Language Institute. Summary:
On September 23, 2008, the Office
of Head Start issued Information Memorandum ACF-IM-HS-08-17 offering funding
support of $2,500 towards expenses related to attending the conference the Dual
language Institute held October 28, 2008, through October 31, 2008. Four (4)
staff attended the conference at a total cost of $5,462.81. This supplemental
application requests $2,500 towards the actual costs for attending the
Institute. No County funds are required.
(Head Start) Countywide (TKF)
F. AIRPORTS
1. Staff recommends
motion to approve:
A) a Contract with West Construction, Inc. in the amount of $2,983,687.99
for the Corporate Hangar Buildings E & F Project at North Palm Beach County
General Aviation Airport; and
B) a Budget Amendment of $2,386,958 in the Airports Improvement and
Development Fund to recognize Florida Department of Transportation (FDOT) grant
funding and $2,983,688 in the expenditure budget for construction of the
project, including a transfer of $596,730 from Airport Reserves.
SUMMARY: This
project was advertised utilizing the County’s competitive bid process. On
November 25, 2008, ten (10) bids were received for the Corporate Hangar
Buildings E & F Project at North Palm Beach County General Aviation
Airport. West Construction, Inc. has
been identified as a responsible/responsive bidder in the amount of
$2,983,687.99. The Small Business
Enterprise (SBE) Goal for this project was established at 15.00%. West Construction, Inc. bid contained 80.17%
SBE participation. Matching funds of $596,730 (20%) are required from Airport
revenues. Countywide (JCM)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
2. Staff recommends
motion to approve: Air Cargo Building Lease and Operating Agreement
(Agreement) with Federal Express Corporation (FedEx) for the lease of cargo
space at the Palm Beach International Airport (PBIA) for initial annual rental
and fixed aircraft parking fees in the amount of $337,511. SUMMARY: The Agreement provides
for the lease of approximately 29,914 square feet of interior cargo space to
FedEx for office administration, shipping, receiving and sorting of parcels,
freight and cargo. The Agreement also provides FedEx with the
preferential right to utilize one (1) aircraft parking position, which will
result in annual aircraft parking fees of $36,000 per year. The term of the
Agreement is five (5) years with one (1) – five (5) year renewal at FedEx’s
option. FedEx has agreed to expend a minimum of $425,000 on the design,
construction and installation of leasehold improvements in exchange for a
rental credit of $42,500 per year. In addition to fixed rental and fees,
FedEx will be obligated to pay aircraft landing fees and other variable fees
based on its operations at PBIA. FedEx will be required to complete
construction of its improvements within one year of the effective date of the
Agreement. Payment of rental will commence on substantial completion of
the leasehold improvements or November 1, 2009, whichever occurs first. Countywide (JMB)
3. Staff
recommends motion to approve: an
Assignment of Rights Agreement with Jet Aviation Associated LTD (Jet) for sales
tax collected on lease payments from Jet between November 2005 and November
2008. SUMMARY: Jet leases real estate from the County Department of
Airports as a Fixed Base Operator serving general aviation customers. In accordance with the lease agreement
between Jet and the County, Jet remits lease payments and sales tax on a
monthly basis to the County. The County,
in turn, remits sales tax collected to the State Department of Revenue
(DOR). Jet, under the terms of the
County lease, sub-leases County-owned real estate to sub-tenants, collects
sales tax from sub-tenants, and remits tax collected to the DOR, resulting in
double taxation on the same property. Jet
has sought and recently received the designation of a re-seller from the DOR;
Jet is therefore entitled to recover excess sales tax paid over the prior three
(3) years from the DOR, calculated at $216,602.
The DOR requires the County’s consent to Assignment of Rights in order
to refund the tax overpayment to Jet.
Airport staff and the County Attorney have reviewed the DOR Resale
Certification by the DOR and discussed Jet’s case with DOR staff to verify
Jet’s exempt status. With annual
re-certification by the State, Jet is also exempt from paying sales tax to the
County on the affected property going forward.
Under the terms of the Agreement, Jet is indemnifying the County for any
actions arising from the Assignment. Countywide (JB)
4. Staff recommends
motion to receive and file: two (2) original Agreements for the
Department of Airports:
A) North County General Aviation Airport Hangar Lease Agreement with
Fly/Fishing Adventures, Inc. and Thomas A. Mavracic, Unit 11, Building 11300,
for one (1) year, automatically renewed at one (1) year intervals, commencing
on December 15, 2008; and
B) North County General Aviation Airport Hangar Lease Agreement with
Hensel Aviation, LLC, Unit 8, Building 11730, for one (1) year, automatically
renewed at one (1) year intervals, commencing on February 1, 2009.
SUMMARY: Delegation of authority for execution of the
standard County agreements above was approved by the BCC in R2008-1845. Countywide
(JB)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends motion to approve: the write-off of 262 uncollected non-sufficient funds checks with a total face value of $25,603.02 plus County added service fees of $7,264.24 for a cumulative total of $32,867.26. SUMMARY: The Office of Financial Management and Budget’s Collections Coordinator has reviewed the listings of uncollected non-sufficient funds checks (NSF) received by the Finance Department during the fiscal years of 2002 through 2004 and has concluded that they should be written off the County’s active Advantage accounts receivable ledger. These checks were for various County programs and services that patrons received. All collections efforts to recover these funds have been exhausted. The write-off of these receivables to an uncollectible receivables database is not a forgiveness of the debt and if the opportunity to collect on any of these checks should arise, the County will take appropriate action to collect on same. The approval of this item will allow the County’s Finance Department to remove these receivables from the County’s active Advantage accounts receivable ledger and transfer them to an uncollectible debts database. Countywide (PGE)
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve: a Third Restated Agreement
(R2004-0257) with The Historical Society of Palm Beach County (Society). SUMMARY: In 2004, the Board approved a
thirty (30) year Agreement with Society for the operation of a museum and
occupancy of a portion of the 1916 Courthouse that commenced on January 1,
2008. The parties now wish to provide
further definition and in some cases add guidelines for use of the 1916
Courthouse by the County, Society and other third party users via this Third
Restated Agreement. This Third Restated
Agreement limits: (i) use of the 1916 Courthouse for third party non-County activities
to those activities which are either: (a) educational in nature; (b) directly
related to the court or judicial system or (c) require a courtroom setting;
(ii) Society’s use of the Leased Premises for its Special Events and Fund
Raising Activities to those that are approved by the County via issuance of a
County Facility Use Permit; and (iii) Society’s right to enter into any
agreements for the use and/or sale of images of the restored 1916 Courthouse
without the County’s consent which may be granted or denied at the County’s
sole discretion. This Third Restated
Agreement clarifies that Society may request a revocable County Facility Use
Permit, which may be granted, conditioned or denied at the County’s sole
discretion, for Society’s use of: (i) additional parking within the County’s 4th
Street Parking Lot; (ii) common areas within the 1916 Courthouse; (iii) the
outdoor areas surrounding the 1916 Courthouse; and (iv) the Leased Premises for
Society Special Events. This Third
Restated Agreement provides a tailored version of the County’s standard
Facility Use Permit for the Society.
Other than the changes set forth herein and a few minor changes all
other terms and conditions remain the same. (FDO
Admin) Countywide/District 7 (HJF)
2. Staff recommends
motion to approve: Amendment No.
4 to Contract with B.K. Electric, Inc. (R2006-0205) to implement the fourth and
final renewal of an annual Electrical contract. SUMMARY: Amendment No. 4 is a renewal to the Annual
ContractBElectrical which was awarded to B.K.
Electric, Inc. as one of four (4) approved contractors. The annual Electrical
contract is an indefinite-quantity contract and this renewal has a maximum
value of $800,000. The renewal term is
twelve (12) months or until $800,000 in work orders are issued. Staff is bringing forward the Amendment at
this time based on pending work which would exceed the value assigned to the Contract.
Due to the volume of pending work, the total
dollar value limit for each term is being increased from $600,000 to $800,000. All terms of the original contract remain in
effect. This is the fourth and final
extension allowed by the Contract. SBE
participation goal for the Electrical contracts is 15%. BK Electric=s participation for work orders issued to
date is 100%. The total participation
for work orders issued-to-date is 95.1%. (FD&O Admin) Countywide (JM)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
3. Staff recommends
motion to approve: Amendment No.
4 to Contract with Knight Electric Company, Inc. (R2006-0206) to implement the
fourth and final renewal of an annual Electrical contract. SUMMARY: Amendment No. 4 is a renewal to the Annual
ContractBElectrical which was awarded to Knight
Electric Company, Inc. as one of four (4) approved contractors. The annual Electrical contract is an
indefinite-quantity contract and this renewal has a maximum value of $800,000. The renewal term is twelve (12) months or
until $800,000 in work orders are issued. Staff is bringing forward the Amendment at
this time based on pending work which would exceed the value assigned to the
contract. Due to the volume of pending
work, the total dollar value limit for each term is being increased from
$600,000 to $800,000. All terms of the
original contract remain in effect. This is the fourth and final extension
allowed by the Contract. SBE participation
goal for the Electrical contracts is 15%. Knight Electric=s participation for work orders issued to
date is 100%. The total participation
for work orders issued-to-date is 95.1%. (FD&O Admin) Countywide (JM)
4. Staff recommends
motion to approve: Amendment No.
4 to Contract with S&F Construction, Inc. (R2005-1871) to implement the
fourth and final renewal to the annual pavilions, shelters and sheds contract. SUMMARY: Amendment No. 4 is a renewal to the Annual
ContractBPavilions, Shelters and Sheds which was
awarded to S&F Construction, Inc.
The annual pavilions contract is an indefinite-quantity (work orders)
contract and this renewal has a maximum value of $400,000. The renewal term is twelve (12) months or
until $400,000 in work orders are issued. Staff is bringing forward the Amendment at
this time based on pending work which would exceed the value assigned to the
contract. The total dollar value limit
for each term is $400,000. All terms of
the original contract remain in effect. This
is the fourth and final renewal allowed by the Contract. SBE participation goals are 15%. S&F Construction, Inc.=s
participation, for work orders issued-to-date, is 91.33%. (FD&O Admin) Countywide (JM)
5. Staff recommends
motion to approve: a Budget Amendment of $413,506 in the Public
Improvement Fund recognizing revenue to be received from Florida Power & Light
and increasing the Jail Expansion Program II (JEP2) project budget. SUMMARY: This Budget Amendment is for a
reimbursement from FPL for site earthwork performed by Palm Beach County for
the new Wheeler Substation located at the West County Detention Facility. In
order to properly sequence the earthwork between the two (2) projects (Jail
Expansion and Substation), Palm Beach County proceeded with the work on FPL’s
behalf. These funds increase the Jail Expansion Program Phase 2 funds which
were used to pay for the work which is now complete. (Capital Improvements Division) Countywide/District
6 (JM)
6. Staff recommends
motion to approve: Consultant
Services Authorization (CSA) No. 4 to the Contract with Colome &
Associates, Inc. (R2007-0392) in the amount of $191,674.15 to provide
architectural/engineering services for renovations to the Greenacres
Library. SUMMARY: CSA No. 4 will provide architectural and
engineering services for permitting, design and construction phase services for
the renovation of Greenacres Library which includes mechanical, plumbing,
electrical, and interior design upgrades.
This project is funded from the 22.3M GO ‘06 Library Improvement Bond
Issue. Colome & Associates, Inc. has
an annual contract for architectural services which provides for an overall SBE
participation goal of 70%. The
participation on this CSA is 72.8%. When
added to the consultant’s participation to date, the SBE participation
is 74%. (Capital Improvements Division) District
2 (JM)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
7. Staff recommends
motion to approve: a First Amendment to the Interlocal Agreement
(R2004-0791) with the West Palm Beach Veterans Affairs Medical Center
(Hospital) allowing for interoperable communications through the Countywide and
EMS common groups of the County’s 800MHz Radio System. SUMMARY: The Agreement which provides the terms and
conditions under the Hospital can directly access the County’s 800MHz Radio
System will expire on May 4, 2009. The Agreement
provides for three (3) – five (5) year renewals but renewals require approval by
both parties. The Hospital has approved
a renewal to extend the term of the Agreement through May 3, 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 State/Federal
agencies. The Agreement may be
terminated by either party, with or without cause. (ESS) Countywide (JM)
8. Staff recommends
motion to approve: Interlocal
Agreement with the Village of Wellington (Village) for the County to lease and
maintain a fuel control reader at the Village’s public works facility. SUMMARY:
Since 1990, Fleet Management has leased fuel management equipment to
the Village of Wellington. The terms of
the Lease require the County to provide and maintain the fuel control reader, provide
fuel access cards, and monthly fuel accounting to the Village. In exchange, the Village pays equipment
rental fees and for any services provided by the County. In addition, the Agreement provides that the
Village will allow PBSO to fuel at this location, which benefits law
enforcement efforts. The term of this
Agreement commences on May 20, 2009 and continues for a five (5) year period
and provides for two (2) – five (5) year renewals upon request by the Village
and acceptance by the BCC. (Fleet
Management) District 6 (JM)
9. Staff recommends
motion to approve: a First
Amendment to Lease Agreement (R99-570D) with the Town of Jupiter (Town) for the
Town’s continued use of 1.5+ acres for its Pine Garden Park, at an
annual rate of $1. SUMMARY: Since 1999, the Town has leased 1.5+
acres from the County for its Pine Garden Park.
This neighborhood park is located adjacent to the County’s Jupiter
Branch Library at 705 Military Trail. The
Lease Agreement will expire April 5, 2009. This First Amendment: (i) extends
the term for one (1) year and provides for automatic annual renewals
thereafter, unless canceled by either party upon six (6) months prior written
notice; (ii) amends Section 4 to include a non-discrimination clause; and (iii)
updates the Notice provisions. The
annual rental rate will continue to be $1/year. The Town is fully responsible for the
operation and maintenance of the Park. All other terms and conditions of the Lease
remain unmodified. (PREM) District 1 (JMB)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
10. DELETED
11. Staff recommends motion to
approve: Consultant Services
Authorization (CSA) No. 7 to the Contract (R2007-0033) with Hellmuth, Obata
& Kassabaum, Inc. (HOK) in the amount of $1,001,595 for the construction
administration services on the West County Detention Center. SUMMARY: At the February 24, 2009 BCC meeting,
construction of the West County Detention Facility was approved. CSA No. 7 will authorize construction administration
services of the design professional for the West County Detention Center
Facility. CSA No. 7 is funded from the
Criminal Justice and Public Improvement Revenue Bond Series 2008. The SBE goal for this project is 15%. CSA No. 7 includes 5.8% participation. When combined with the previous work done
under this Contract, the SBE participation is 18.7%. (Capital Improvements Division) Countywide/District
6 (JM)
12. Staff
recommends motion to approve: a sole source procurement with
SimplexGrinnell LP for $440,750 for a retrofit of the Fire Alarm System for the
Judicial Center, SA/PD, and the Central Energy Plant at the Government Center
Complex in West Palm Beach. SUMMARY:
The existing fire alarm system is out of
production and no longer supported by the system sole authorized servicing
agent. The County needs to replace the
system but at the same time not experience any loss of coverage in order to
avoid a cost prohibitive 24/7 dedicated fire watch per floor as mandated by the
Fire Marshall for coverage losses greater than four (4) hours. The Simplex product is the only product that
is compatible with the existing system and can be incrementally replaced to
avoid loss of coverage. SimplexGrinnell
is the sole authorized servicing agent and factory authorized source of this
product. All funding for this project is
from the five (5) year Capital Improvement Project (CIP) replacement/renewal of
electronic systems. The SBE
participation for this contract is 0%.
The total construction duration is 180 days. (FD&O Admin) District 7 (JM)
13. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 8 to the
Contract (R2007-0033) with Hellmuth, Obata & Kassabaum, Inc. (HOK) in the
amount of $3,404,406 for the Jail Expansion Program II (JEP) Stockade
Redevelopment. SUMMARY: CSA No. 8 will provide authorized services
associated with design development and construction documents for the Stockade
Redevelopment. A future Authorization will provide for the construction
administration services on the Stockade project. STH Architectural Group is the local
architect working in conjunction with HOK. CSA No. 8 is funded from the Criminal Justice
and Public Improvement Revenue Bond Series 2008. The SBE goal for this project is 15%. CSA No. 8 includes 8.6% participation. When combined with the previous work done
under this contract, the SBE participation is 15.9%. (Capital Improvements Division) Countywide/District 6 (JM)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
14. Staff recommends
motion to:
A) approve an Agreement for Conveyance, Use and Maintenance with
G.L. Homes of Boca Raton Associates V, Ltd. (G.L. Homes);
B) approve a Drainage Easement and Maintenance
Agreement with G.L. Homes of Boca Raton Associates V, Ltd;
C) adopt a Resolution authorizing the exchange of
property with G.L. Homes of Boca Raton Associates V, Ltd.;
D) approve a County Deed in favor of G.L. Homes of Boca
Raton Associates V, Ltd. conveying .86 acres of County owned property; and
E) accept a Quit-Claim Deed from G.L. Homes of Boca
Raton Associates V, Ltd. conveying 2.36 acres.
SUMMARY: G.L.
Homes is developing a 44-acre subdivision known as the Collier P.U.D., located
adjacent to the northern boundary of South County Regional Park Parcel A. The County has developed Samuel Friedland
Park in the Acreage which is adjacent to property owned by G.L. Homes and is
planned for future development. Both the
County and G.L. Homes have long narrow strips of property which are essentially
unusable by them, but which can be incorporated into the other party’s
development. Pursuant to these Agreements, the County will convey .86 acres
adjacent to South County Regional Park to G.L. Homes and grant G.L. Homes a
Drainage Easement. In exchange, G.L.
Homes will convey 2.36 acres adjacent to County’s Samuel Friedland Park to the
County and will maintain a 50’ strip of the County’s South County Regional Park
property. The intent of these Agreements
is to realign the boundary lines of both the County and G.L. Homes properties
to create more efficient development characteristics and maintenance
responsibilities between the respective land owners. The 2.36 acre G.L. Homes parcel was appraised
at $85,000, and the County’s .86 acre parcel was appraised at $105,000. The appraisal did not value the obligation of
G.L. Homes to maintain the 50’strip of County property, nor did it value the
easement in favor of G.L. Homes. Staff
believes that the maintenance obligation offsets the easement value and that
overall this is a fair exchange. (PREM) Districts
5 & 6 (HJF)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve:
A) a $15,000 increase in the maximum State Housing Initiative Partnership (SHIP) housing purchase assistance subsidy for moderate income households from $15,000 to $30,000; and
B) reducing the threshold housing debt ratio for moderate income households from 32.50 to 30.00.
SUMMARY: The SHIP Program provides funding to Palm Beach County for various programs designed to assist in the development and preservation of affordable housing. These funds are administered by the County’s Commission on Affordable (CAH) Housing. The housing purchase assistance program provides financial assistance to eligible extremely-low, very low, low and moderate income homebuyers. To ensure the CAH meets the State mandated expenditure goals, the CAH Advisory Board recommended that the purchase assistance subsidy for moderate income households be increased from $15,000 to $30,000. Also, the CAH recommended reducing the minimum housing debt ratio from 32.50 to 30.00. “Housing debt ratio” is the percentage of an applicant’s monthly income compared to the proposed monthly housing related expenses (principal, interest, taxes, insurance, and HOA where applicable). Under current SHIP guidelines, an applicant’s housing debt ratio must equal at least 32.50 in order to qualify for the maximum subsidy amount. By reducing the required threshold for the housing debt ratio, additional moderate income applicants can qualify for housing purchase assistance. Currently, the maximum subsidy for applicant moderate income households with a minimum housing debt ratio of 32.50 is $15,000. These recommendations only impact subsidy requests for the 2008/2009 SHIP grant year. All other subsidy assistance amounts will remain unchanged. These are state dollars that require no local match. Countywide (TKF)
2. Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2008-0201) with the City of Pahokee, to extend the expiration date from December 31, 2008, to June 30, 2009, for the expenditure of $27,817 in Community Development Block Grant (CDBG) funds. SUMMARY: This Amendment provides an extension of six (6) months to the term of the existing Agreement for the construction of a passive courtyard and parking area located at the corner of Adams Place and Rardin Avenue in the City of Pahokee. The time extension is requested due to the past lack of City resources to complete this project within the time allotted by Agreement. The City will now be able to pursue the completion of this project. These are Federal funds that require no local match. District 6 (TKF)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
J. PLANNING,
ZONING & BUILDING
1. Staff recommends
motion to:
A) adopt
resolutions of the Board of County Commissioners (BCC) of Palm Beach County,
Florida, granting County tax exemptions for a total of two (2) historic
properties located within the Town of Palm Beach; and
B) approve
restrictive covenants for each historic property, requiring the qualifying
improvements be maintained during the period that the tax exemption is granted.
SUMMARY: The
resolutions will authorize a County tax exemption for the following historic
properties located within the Town of Palm Beach:
Address: 442 Seaspray Avenue
Address: One South County Road
If granted, the tax exemption shall take
effect January 1, 2009, and shall remain
in effect for ten (10) years, or until December 31, 2018. The exemption shall apply to 100 percent of
the assessed value of all improvements to each historic property, which
resulted from restoration, renovation, or rehabilitation of the property. Based
on the 2009 County Government Millage rate, it is estimated that approximately
$60,627.06 tax dollars will be exempted
annually. Accompanying each resolution
is a restrictive covenant, which requires the qualifying improvements be
maintained during the period that each tax exemption is granted. District 1
(RB)
K. WATER
UTILITIES
1. Staff
recommends motion to adopt: a Resolution of the Board of County
Commissioners of Palm Beach County, Florida, superseding and replacing
Resolution No. R-98-719, as amended by Resolution No. R2000-0553, concerning
the Palm Beach County Water Utilities Department’s Deferred Payment Plan. SUMMARY: On March 8, 1998, the Board adopted
Resolution No. R98-719, which superseded and replaced Resolution Nos. R93-51,
R96-109, and R97-643. Resolution No.
R98-719 provided for a Deferred Payment Plan to assist property owners
converting from private wells, septic tanks, and/or private irrigation supply
systems to defer certain fees, and to have the deferred fees billed on the
customer’s monthly billing. Resolution
No. R98-719 was amended by Resolution No. R2000-553 to provide for an interest
rate reduction from 8% to 6½%. This new Resolution
will clarify certain provisions of Resolution No. R98-719 and add the
Department’s Fire Sprinkler System Connection Fee (Connection Fee) to the fees
which may be deferred, where the building being connected to County fire line
facilities is preexisting, and where the building’s existing fire protection
system utilized a non-public water supply, or the building had no existing fire
protection system. Countywide (MJ)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
2. Staff recommends motion to approve: Work Authorization No. 7 to the Water Utilities Department continuing construction contract with AKA Services, Inc. (R2008-0769) for construction of the Seminole Pratt-Whitney Road Water Main Stub-Out & Fire Hydrant Installations (S.R. 80 to south of Okeechobee Blvd.) in the amount of $298,699. SUMMARY: This Work Authorization provides for construction of eight (8) inch DIP potable water main extensions (stub-outs) and 18 fire hydrant installations. The additional fire hydrants will provide increased fire protection to the commercial and residential properties along Seminole Pratt-Whitney Road and the water main stub-outs will be installed to allow future connection to the County’s potable water system to potential customers in the service area and satisfy requirements as per Interlocal Agreement (R2008-0461 & R2008-0462) with Indian Trails Improvement District (ITID). The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15.00% overall. The contract with AKA Services, Inc. provides for SBE participation of 15.00% overall. This Authorization includes 26.28% overall participation. The cumulative SBE participation, including this Authorization, is 19.02% overall. (WUD Project No. 08-049) District 6 (MJ)
3. Staff recommends motion to approve: Work Authorization No. 14 to the Optimization and Improvements Design/Build Services with Globaltech, Inc. (R2008-2323) for replacement of the Town of Mangonia Park elevated water storage tank bowl and riser pipe in the amount of $427,636. SUMMARY: On December 16, 2008, the Board approved the Water Utilities Department Optimization and Improvements Design/Build Services Contract with Globaltech, Inc. for treatment plant and regional pump station projects. This Work Authorization is a guaranteed maximum price for replacement of the Mangonia Park 100,000 gallon elevated water storage tank bowl and riser pipe utilizing Community Development Block Grant (CDBG) funds from Housing and Community Development (HCD). The elevated water storage tank bowl and riser pipe must be replaced to insure integrity under hurricane conditions prior to the start of the hurricane season. In addition, the tank legs will be stiffened and the entire tank painted. The Mangonia Park Town Council approved the recommendations for repairs and replacement on January 22, 2009. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15% overall. The contract with Globaltech, Inc. provides for SBE participation of 75.00% overall. This Authorization includes 36.60% overall participation. The cumulative SBE participation, including this Work Authorization, is 55.30% overall. (WUD Project No. 09-032) District 1 (JM)
4. Staff recommends
motion to approve: a Partial Release of Utility Easement
on land owned by American Heritage School of Boca Delray, Inc. formerly known
as G.H.S., Inc. SUMMARY: This
document will release the County’s interest
in two (2) portions of a utility easement recorded in the Official Records of Palm
Beach County in Book 9967 Page 790 on land owned by American Heritage School of
Boca Delray, Inc. The Water Utilities
Department has determined that these two (2) portions of the easement are no
longer needed, and therefore recommends the release. District 5 (MJ)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
5. Staff recommends motion to approve:
A) Contract with Electron Corporation of South Florida for the FP&L Load Control at Southern Region Operations Center (SROC), Central Region Operations Center (CROC), and 9S Regional Pumping Facility; the Southern Region Water Reclamation Facility (SRWRF) Generator Switchgear; and the Electrical System Reliability Improvements in the amount of $1,252,353; and
B) Change Order No. 1 to this Contract is the deducted amount of $152,051.26 for cost reductions.
SUMMARY: On December 17, 2008, one (1) bid was received for the FP&L Load Control at SROC, CROC, and 9S Regional Pumping Facility; the SRWRF Generator Switchgear; and the Electrical System Reliability Improvements, with Electron Corporation of South Florida being the sole bidder in the amount of $1,252,353. Implementation of the FP&L load control at SROC will save an estimated $38,000 annually, and operational testing must be completed by August 1, 2009. The SRWRF electrical improvements will duplicate critical equipment, which is necessary to assure uninterrupted wastewater treatment in the event of a crisis. By approving Change Order No. 1, cost reductions recommended by our consultant can be achieved in the amount of $152,051.26. Staff and consultants have reviewed the bid and recommend award to Electron Corporation of South Florida as the sole responsive and responsible bidder in the amount of $1,252,353. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15.00% overall. This Contract with Electron Corporation of South Florida provides for SBE participation of 100% overall. (WUD Project No. 07-018 and WUD No. 07-133) Districts 2, 5, & 6 (JM)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) approve Interlocal Agreement with the Westgate/Belvedere Homes Community Redevelopment Agency (CRA) in an amount not to exceed $250,000 for infrastructure improvements to the North Westgate stormwater drainage basin through the Chain of Lakes Partnership Grant Program (COLPGP); and
B) authorize the County Administrator or his designee to sign all future time extensions, task assignments, certifications and other forms associated with the Westgate/Belvedere Homes CRA Amendment, and make necessary minor amendments that do not change the scope of work or terms and conditions of the Westgate/Belvedere Homes Agreement.
SUMMARY: On April 10, 2007, the BCC approved a $1,250,000 Amendment No. 1 (R2007-0531) to the State=s Department of Environmental Protection (FDEP) Grant Agreement No. LP6077 for the COLPGP. Construction projects benefiting Chain of Lakes habitat and water quality will be administered as subgrants via Interlocal Agreements with the responsible entities. The total grant funding for the projects is $2,050,000. A 100% match is required from the local entities. Countywide (SF)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends motion to:
A) approve Agreement No. 4600001636 with the South Florida Water Management District (SFWMD) for the Sandhill Crane East - Loxahatchee Slough Restoration Phase II, commencing upon execution in FY2009 for a period of one (1) year in an amount not to exceed $750,000;
B) approve Budget Amendment of $750,000 in the Natural Areas Fund to recognize the Agreement revenue and includes a Transfer from Reserves to serve as match for a total project cost of $1,500,000; and
C) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications, and other forms associated with this Agreement and necessary minor amendments that do not change the scope of work or terms and conditions of this Agreement.
SUMMARY: The Loxahatchee River Preservation Initiative (LRPI) grant provides $750,000 in funding administered by the SFWMD for the Project on a reimbursement basis. The County’s share of the $1,500,000 project cost is $750,000 in non-ad valorem revenues earned in the Natural Areas Fund. The proposed restoration activities for Phase II of the Project include backfilling agricultural ditches, and ground control treatment of exotic vegetation (primarily Brazilian pepper, climbing fern, and Australian pine). District 1 (SF)
3. Staff recommends
motion to:
A) approve Budget Amendment of $617,682 in the Capital Outlay Fund decreasing the Transfer from the Natural Areas Fund;
B) approve Budget Transfer of $617,682 in the Natural Areas from a Transfer to the Capital Outlay Fund to a Transfer to the Environmental Resources Capital Fund; and
C) approve Budget Amendment of $617,682 in the Environmental Resources Capital Fund to recognize the Transfer from the Natural Areas Fund.
SUMMARY: A
Budget Amendment in the Capital Outlay Fund will reduce funding for Juno Dunes
Natural Area ($98,418), Delaware Scrub ($174,567), Pondhawk Natural Area
($304,312) and Ocean Ridge Natural Area ($40,385) as provided through a
transfer from the Natural Areas Fund. A
Budget Amendment in the Environmental Resources Capital Fund will provide funding
for Juno Dunes Natural Area ($98,418), Delaware Scrub ($214,952), and Pondhawk
Natural Area ($304,312) through a transfer from the Natural Areas Fund. Ocean Ridge Natural Area is capital complete
and the residual budget balance is used to increase the allocation for Delaware
Scrub by $40,385. These adjustments move the project budgets from the
Countywide Capital Outlay Fund to the Environmental Resources Capital Fund to
improve accounting and reporting for Natural Areas projects. Districts 1 & 4 (SF)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
4. Staff recommends motion to approve: Work Order No. 1666-02 to Palm Beach County Annual Dune & Wetlands Restoration Project No. 2008ERM02 (R2008-1666) with Eastman Aggregates Enterprises, LLC (Eastman) (Primary) in the amount of $261,118 to provide restoration services for the Lake Ida Restoration Project. SUMMARY: The BCC approved the Palm Beach County Annual Dune & Wetlands Restoration Project No. 2008ERM02 (R2008-1666) on September 9, 2008. Work Order No. 1666-02 is the second of two (2) Work Orders, which authorizes Eastman to complete the excavation portion associated with the Lake Ida Restoration Project. The overall $880,000 project is funded by grants from the Florida Fish and Wildlife Conservation Commission, $400,000 (R2008-1661), Chain of Lakes Partnership Grant Program, $240,000 (R2008-0783) and Vessel Registration Fees. There is 19% Small Business and Minority Business Enterprise (SBE-MBE) subcontractor participation on this Work Order. Eastman committed to an overall 16.14% SBE-MBE participation in the Contract. Eastman has achieved 33.37% cumulative SBE-MBE participation on the Contract. District 3 (JM)
5. Staff recommends motion to approve: Amendment No. 1 to the Contract (R2008-0404) with Harbor Branch Oceanographic Institute at Florida Atlantic University (FAU/HBOI) to conduct oyster monitoring in Lake Worth Lagoon (LWL), and to extend the Contract twelve (12) months to June 30, 2010 at an increase of $74,000. SUMMARY: The Amendment No. 1 authorizes FAU/HBOI to monitor three (3) oyster reef sites located within the Lake Worth Lagoon (LWL), for an additional year, as part of the monitoring efforts described in the revised Lake Worth Lagoon Management Plan (LWLMP) 2007. In South Florida, restoration of oyster populations is an important component and metric for the northern estuaries within Comprehensive Everglades Restoration Program (CERP). Funding is provided through the Florida Department of Environmental Protection (FDEP) Contract No. LP6046 (R2006-0583, R2007-2279). The fifty percent (50%) required match is provided through in-kind staff time. Countywide (SF)
6. Staff recommends motion to approve: Amendment No. 1 to incorporate a revised scope of work to the Contract (R2009-0106) with the Loggerhead Marinelife Center, Inc. (LMC) for additional sea turtle monitoring services in association with the Juno Beach Shoreline Protection Project and the Jupiter Inlet District (JID) Jupiter Inlet Maintenance Dredging Project. SUMMARY: This Amendment incorporates a revised Scope of Work to the Contract for sea turtle monitoring services with LMC, approved by the Board on January 13, 2009, to include permit required monitoring tasks for the JID Jupiter Inlet Maintenance Dredging Project (scheduled for March/April 2009), and a reduction in monitoring tasks associated with the Juno Beach Shoreline Protection Project. This Amendment will result in no net increase to the Contract not-to-exceed amount of $592,365. District 1 (SF)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION
1. Staff recommends
motion to approve: Agreement
with the City of Delray Beach for the period March 17, 2009, through October 1,
2009, in an amount not to exceed $5,000 for Delray Divas Step Team, and Delray
Diamonds and Pearls Dance Team program expenses. Summary: This funding is to offset the cost of
program expenses for Delray Divas Step Team and Delray Diamonds and Pearls
Dance Team program expenses. These
programs are sponsored by the City of Delray Beach and serve approximately 75
youth annually. The Agreement allows for the reimbursement of eligible project
costs incurred subsequent to January 1, 2009.
Funding is from the Recreation Assistance Program (RAP) District 7
Funds. District 7 (AH)
2. Staff recommends
motion to approve: Agreement
with Expanding and Preserving Our Cultural Heritage, Inc. (EPOCH) for the
period March 17, 2009, through December 30, 2009, in an amount not to
exceed $8,000 for funding of the Spady Kids Cultural Club programs. Summary: This funding is to help offset costs for
Spady Kids Cultural Club programs sponsored by EPOCH at the Spady House
Cultural Heritage Museum and the Delray Full Service Center. Approximately 300 children and youth
participate in these programs. The
Agreement allows for the reimbursement of eligible expenses incurred subsequent
to October 1, 2008. Funding is from the
Recreation Assistance Program (RAP) District 7 Funds. District 7 (AH)
3. Staff recommends
motion to approve: Agreement with Inlet Grove Community High
School, Inc. for the period March 17, 2009, through June 30, 2009, in an amount
not to exceed $13,650 for a student trip to Washington, D.C. Summary: This funding is to help offset costs paid
by Inlet Grove Community High School, Inc. for a student trip to Washington,
D.C. to attend presidential inauguration ceremonies. Thirty students participated in the trip. The
Agreement allows for the reimbursement of eligible project costs incurred
subsequent to January 15, 2009. Funding is from the Recreation Assistance Program
(RAP) District 7 Funds. District 7 (AH)
4. Staff recommends
motion to approve: Agreement
with Third and Division, Inc. for the period March 17, 2009, through May 2,
2010, in an amount not to exceed $5,000 for the recreational program for
youth. Summary: This
funding is to assist with costs for the recreational program for youth held on
Friday nights at the Third and Division Recreation Center in West Palm
Beach. Approximately 20 youth
participate at each weekly session. The
Agreement allows for the reimbursement of eligible project costs incurred
subsequent to February 2, 2009. Funding
is from the Recreation Assistance Program (RAP) District 7 Funds. District
7 (AH)
5. Staff recommends
motion to approve:
A)
Budget Transfer of $50,000 within the $25 Million GO Parks and Cultural
Improvements Bond Fund - 2003 from Phil Foster Fishing Pier to Jupiter Beach
Park Seawall; and
B) Budget Transfer of $50,000 within the $25 Million GO Parks and Cultural
Improvements Bond Fund - 2005 from Phil Foster Fishing Pier to Jupiter
Beach Park Seawall.
Summary: These budget transfers totaling $100,000 to
the Jupiter Beach Park Seawall project are necessary to provide funding to
replace the lift station destroyed as a result of Subtropical Storm Andrea. District
1 (AH)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
6. Staff recommends
motion to:
A) ratify the signature of the Chairman of the Board of County Commissioners on a National Park Service’s American Battlefield Protection Program (ABPP) grant application submitted on January 19, 2009, requesting $41,000 for the development of a battlefield site identification plan at Riverbend Park;
B) authorize the County
Administrator or his designee to execute the grant funding Agreement, as well
as task assignments, certifications, standard forms, or amendments to the
Agreement that do not change the scope of work or terms and conditions of the
Agreement, if the grant is approved; and
C) authorize
the
Director of the Parks and Recreation Department to serve as Liaison Agent with
the National Park Service for this project.
Summary: The
American Battlefield Protection Program makes federal funds from the National
Park Service available to local governments for the protection of
battlefield land, and sites associated with battlefields, that are located on
American soil. The purpose of this program is to provide seed money for
projects that lead directly to the preservation of battlefield land and/or their associated sites. If awarded, this grant funding will become
available in August 2009. The grant will
be matched with $2,500 of in-kind service of staff time. District 1 (AH)
7. Staff recommends
motion to approve: Interlocal Agreement with the Village of
Palm Springs in an amount not to exceed $103,000 for the period March 17, 2009,
through March 16, 2012, for funding of the Village Center Complex ballfield re-lighting
project. Summary: This Agreement provides funding for the
removal of existing lighting and the purchase and installation of ballfield
lighting and lighting control system on the Major Field at the Village Center
Complex ballfields in Palm Springs. The
Agreement allows for the reimbursement of eligible expenses incurred subsequent
to November 5, 2002. Funding is from the
2002 $50 Million Recreation and Cultural Facilities Bond referendum. District
3 (PK)
8. Staff recommends
motion to approve: Interlocal Agreement with the City of Pahokee for the period March 17, 2009,
through December 1, 2009, in an amount not to exceed $150,000 for funding of
design and permitting for the Pahokee Eco-Islands project. Summary: This funding is for design and permitting
of the Pahokee Eco-Islands project which will construct environmental barrier
islands within the city limits of Pahokee in Lake Okeechobee. Approximately 600,000 users will benefit from
the Eco-Island project when completed.
The Agreement allows for the reimbursement of expenses incurred
subsequent to January 1, 2009. Funding
is from the 2005 $50 Million General Obligation Waterfront Access Bond
referendum. District 6 (PK)
9. Staff recommends
motion to receive and file: original executed Request for Funding Form for School Board Recreation
Assistance Program (RAP) project for Washington Elementary School in an amount
not to exceed $5,000 for the purchase of musical instruments. Summary: This fully executed Request for Funding
Form is for a School Board RAP allocation 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 7 Funds. District 7 (AH)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
10. Staff recommends
motion to receive and file: original executed Request for Funding Form
for School Board Recreation Assistance Program (RAP) project for Glades Central
Community High School in an amount not to exceed $3,000 for funding of football
program travel expenses. 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)
11. DELETED
12. Staff recommends
motion to approve:
A) a Budget Transfer of $200,000 in the
Transportation Improvement Fund from Reserve for District 3 to the County
Transportation Trust Fund;
B) a Budget Transfer of $200,000 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 $200,000 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
D) a
Budget Amendment of $200,000 in the Park Improvement Fund increasing the annual
transfer from the General Fund and increasing the appropriation to the District
3 Recreation Assistance Program.
Summary: The budget transfers and budget amendment
recommended in this item increase the gas tax support and decrease the ad
valorem support of the County Transportation Trust Fund, thereby allowing for
the allocation of $200,000 from available ad valorem support to the District 3
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 District 3
recreational or cultural projects that the District 3 Commissioner desires to
fund during FY 2009. Individual
Agreements for each RAP project will be brought to the Board for approval. With
the approval of this allocation, the remaining balance available in transfers
for District 3 for FY 2009 is $0. District
3 (AH)
13. Staff recommends
motion to approve: First
Amendment to Independent Contractor Agreement (R2008‑0439) with Gordon
Andrews for USA Competitive Head Swim Coach services at Lake Lytal Pool for the
period February 1, 2008, through January 31, 2009. Summary: On
January 18, 2008, the Parks and Recreation Department entered into an
independent Contractor Agreement with Gordon Andrews to provide coaching
services for the USA Swimming program at Lake Lytal Pool. Under this original Agreement, the total
amount to be paid by the County for all services and materials was not to exceed
$70,000. This First Amendment increases the total contract amount by
$880 to $70,880. District 2 (AH)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
14. Staff recommends
motion to receive and file: executed Independent Contractor Agreements
received during the months of January and February:
A) Michael Alford, Basketball Referee, Westgate
Park and Recreation Center;
B) Arthur Gibson, Basketball Referee, Westgate
Park and Recreation Center;
C) Caroline Andre, Cheerleading Coach, Westgate
Park and Recreation Center;
D) Rising Stars Gymnastics, Inc.,
Gymnastics and Cheerleading Instructor, Coconut Cove Recreation Center;
E) Palm Beach County Officials,
Inc., Volleyball Official, West Boynton Park & Recreation Center; and
F) Swing with the King, Inc.,
Tennis Instructor, John Prince Park.
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
2, 3 & 5 (AH)
15. Staff recommends
motion to approve: Third Amendment to the Contract with The ICEE Company (R2004-1360), as
amended, for the provision of frozen carbonated beverage drinks and dispensing
equipment to County waterparks and Lake Lytal Pool for the period June 8, 2008,
through June 7, 2009. Summary: On June 8, 2004, the Board
approved a Contract with The ICEE Company (R2004-1360) to provide frozen
carbonated beverage drinks and dispensing equipment to County waterparks. The
original Contract provided for an initial three (3) year term, with two (2) one
(1) year renewal options. The Contract
will expire June 7, 2009. This Third
Amendment adds Lake Lytal Pool to The ICEE Company’s service locations and
renews the final pricing period by increasing the per item amount the County
will pay to The ICEE Company for frozen carbonated beverages (FCB) for the
period March 1, 2009, through June 7, 2009.
All other terms of the Agreement remain the same. Districts 2, 5 &
6 (AH)
16. Staff recommends
motion to approve: Budget Transfer of $200,000 in the Park Impact Fees Zone 2 Reserves for
District Park F to Okeeheelee South Park Development Phase III. Summary: This Budget Transfer will fund the additional
site work necessary to complete wetland creation and exotic removal as required
under permits issued by the Army Corps of Engineers (ACOE) and the South
Florida Water Management District (SFWMD) for construction of the recreational
lake system in Okeeheelee South Park. It will also provide the funding needed
to construct equestrian, bike and pedestrian trails, as well as to continue our
exotic plant removal and reforestation program. District 6 (AH)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
N. LIBRARY
1. Staff recommends
motion to:
A) receive and file Grant Agreement in the amount of $942,876 awarded by
the Florida Department of State, Division of Library and Information Services
for FY 2009 State Aid to Libraries; and
B) approve a downward Budget Amendment of $395,659 in the County Library Fund to
reconcile the State Aid to Libraries Grant budget to the actual award amount.
Summary: The Application was approved and the
Agreement was signed by the BCC on September 9, 2008 (R2008-1535 and
R2008-1536). Notification of the award
was issued on February 6, 2009. The
State provides an annual operating grant to eligible libraries based upon their
annual operating expenditures from local funds. Estimated State Aid revenue was
included in the County Library=s FY 2009 budget. Countywide (TKF)
P. COOPERATIVE
EXTENSION SERVICE
1. Staff recommends
motion to approve: Grant
Agreement with the Western Palm Beach County Farm Bureau in an amount not to
exceed $24,975 from Agricultural Economic Development Program funds to assist
in conducting the 2009 Palm Beach County Sweet Corn Fiesta in West Palm
Beach. Summary: The 2009 Palm Beach County Sweet Corn Fiesta
will be held on April 26, 2009, with expenses incurred after April 1, 2009
being eligible for reimbursement. This event will increase public awareness of
local agriculture on a regional and statewide basis. It provides an opportunity
for a local agricultural organization, the Western Palm Beach County Farm
Bureau, to stage an event that will make residents more aware of the
significance of the largest vegetable row crop in the County’s billion-dollar
agricultural industry while bringing in people from surrounding counties. This is the 9th year for the
event. The Palm Beach County
Agricultural Enhancement Council has reviewed the request and met with representatives
of the Western Palm Beach County Farm Bureau. Countywide (AH)
2. Staff recommends
motion to approve: reallocation
of $30,000 from the Citrus Garden Redevelopment Project (AG04-101 AG
04-CA-6505) to the Mounts Botanical Garden Entrance Project (AG 05-101 AG
05-CA-6301) for the purpose of reconstructing two (2) damaged gazebo structures
in the parking area and front entrance of the Mounts Botanical Garden. Summary: In 2008, the gazebo structures in the
parking area and front entrance of the Mounts Botanical Garden were partially
demolished due to deterioration causing unsafe conditions. Reallocation of
these funds will enable these structures to be repaired. District 6 (AH)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL
JUSTICE COMMISSION
1. Staff recommends motion to approve:
A) an Interlocal Agreement in
the amount of $49,000 with the Palm Beach County Sheriffs Office (PBSO) to implement
the law enforcement component of the Youth Violence Prevention Project;
B) a Budget Transfer of $49,000 in the General
Fund; and
C) a Budget Amendment of $49,000 in the Sheriff’s
Grant Fund to establish budget for the project.
SUMMARY: The Law Enforcement Planning Council, representing the Law Enforcement component of the Youth Violence Prevention Project (YVPP), has approved up to $49,000 for overtime to support the YVPP Gun Show Initiative. This initiative is focused on stopping the illegal sales and purchases of guns at gun shows which are a major source of firearms for youthful offenders. Countywide (DW)
S. FIRE
RESCUE
1. Staff recommends motion to receive and file: three (3) original standard Agreements for the Fire Rescue Department:
A) Interlocal Agreement for Swimming Lessons with the City of West
Palm Beach;
B) Interlocal Agreement for Swimming Lessons with the City of Delray
Beach; and
C) Interlocal Agreement for Swimming Lessons with the City of Palm
Beach Gardens.
SUMMARY: On September 27, 2005, the Board adopted
Resolution No. R2005-1906 authorizing the County Administrator, or his designee
(the Fire Rescue Administrator) to execute standard Agreements with
municipalities and independent contractors to provide swimming lessons to
members of the public through the Palm Beach County Drowning Prevention
Coalition’s Learn to Swim Program.
Pursuant to Countywide PPM CW-O-051, three (3) standard County Agreements
that have been executed by the County Administrator, or his designee (the Fire
Rescue Administrator) are being submitted as a receive and file agenda item for
the Clerk’s Office to note and receive. Countywide
(PK)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
V. METROPOLITAN
PLANNING ORGANIZATION
1. Staff recommends
motion to:
A) receive
and file Joint Participation Agreement (JPA) Number AOI82 with the State of
Florida Department of Transportation for Independent Transportation Network for
seniors; and
B) approve a Budget Amendment of $100,000 in the
Metropolitan Planning Organization (MPO) Fund to recognize the Joint
Participation Agreement (JPA) Number AOI82 with the State of Florida Department
of Transportation for Independent Transportation Network for seniors.
SUMMARY: This
amendment is necessary to reflect a $100,000 grant from the State of Florida
Department of Transportation (FDOT) for a Senior One-Stop Transportation
Program to assist seniors to become and stay mobility independent. The MPO desires to provide funds from the
FDOT to assist in the development of a program that will increase awareness of
transportation alternatives available for seniors, provide guidance and
direction for seniors mobility needs, and provide seniors assistance in the
usage of mobility options. The program will be administered by Area Agency on
Aging of Palm Beach/Treasure Coast, Inc. Required matching funds of $100,000
(50%) are being provided by Area Agency on Aging of Palm Beach/Treasure Coast,
Inc. Countywide (DR)
X. PUBLIC
SAFETY
1. Staff recommends
motion to receive and file: the executed grant contract with the State
of Florida, Department of Community Affairs to receive emergency management
grant funds in the amount of $98,726 from October 1, 2008, through September
30, 2009. SUMMARY: This is an annual grant that the
Division of Emergency Management receives to enhance emergency management plans
and programs of the County consistent with the State Comprehensive Emergency
Management Plan and Programs. Resolution R2006-0401 gave authority to the
County Administrator or his designee to execute these agreements on behalf of
the Board. No cash match is
required. Countywide (GB)
2. Staff recommends
motion to:
A) receive and file the executed grant agreement with Florida
Department of Community Affairs to receive Emergency Management Performance
Grant funding in the amount of $73,058 from August 1, 2008, through July 31,
2009; and
B) approve a Budget Amendment of $73,058 in the EM
grant fund to establish grant budget.
SUMMARY: This
grant consists of residual funds that
have been dispersed by U.S. Department of Homeland Security through the Florida
Department of Community Affairs. This
grant will be used to partially pay for a Palm Beach County WebEOC Regional
Web-Based Information Sharing System which will be located at the EOC. Resolution R2006-0401 gave authority to the
County Administrator or his designee to execute these agreements on behalf of
the Board. No cash match is required.
Countywide (GB)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
Z. RISK
MANAGEMENT
1. Staff recommends motion to approve: Renewal of the Property Insurance Policy from National Union Fire Insurance Company, purchased through the County’s contracted broker, Arthur J. Gallagher & Co., under Contract No. 05-102/LJ, in an amount not to exceed $575,000 for the designated properties of Water Utilities for the period April 1, 2009, through April 1, 2010. SUMMARY: This policy from National Union Fire Insurance Company provides $200,000,000 of “all-risk” coverage excess of a $1,000,000 deductible. A reduced sublimit of $50,000,000 applies to losses from “named windstorms” subject to a 5% of insured values deductible. Insured values for the renewal period have increased by 18.98% over those for the current policy period. The not to exceed renewal premium is $575,000; an increase of 3.6%. Sufficient funds are budgeted in FY 2009 for this coverage. Countywide (TF/MJ)
2. Staff recommends motion to approve: Renewal of the Excess Automobile Liability Insurance Policy from State National Insurance Company, purchased through the County’s contracted broker, Arthur J. Gallagher & Co., under Contract No. 05-102/LJ, in an amount not to exceed $369,000 for the operation of Palm Tran, Inc.’s bus fleet for the period April 1, 2009, through April 1, 2010. SUMMARY: This policy from State National Insurance Company provides $2,000,000 of coverage excess of a $100,000 per claimant/$200,000 per occurrence self-insured retention that is provided by the Self-Insured Retention Plan. The not to exceed renewal premium is $369,000; an increase of 2.3%. This premium is not subject to adjustment for changes in the size of the fleet during the policy period. Sufficient funds are budgeted in FY 2009 for this coverage. Countywide (TF/DR)
3. Staff recommends motion to approve: Renewal of the Excess Property & Liability Insurance Program for the period April 1, 2009, through March 31, 2010 purchased through the County’s contracted broker, Arthur J. Gallagher & Co., under Contract No. 05-102/LJ, for a total cost not to exceed $12,280,000. SUMMARY: The Excess Property & Liability Insurance Program currently provides excess layers of property insurance totaling $150 million inclusive of the County’s $1,000,000 self insured retention and excess layers of liability insurance totaling $6 million inclusive of the County’s $500,000 self-insured retention. The program also includes various ancillary excess insurance covering damage to County-owned property resulting from flood, terrorism, boiler & machinery, and employee dishonesty. The total not to exceed cost of $ 12,280,000 is inclusive of anticipated mid-year charges for newly added properties and represents a $1,356,170 (12.4%) increase over the actual expiring premium of $10,923,830. The County’s total insurable values have increased 12.9 % this year to approximately $1.95 billion. The increase in cost is also impacted by a variety of State mandated surcharges and assessments. Sufficient funds are budgeted in FY 2009 for this coverage. Countywide (TF)
AA. PALM
TRAN
1. Staff recommends
motion to approve: Interlocal Agreement with the Village of Wellington
to reimburse, in part, Palm Beach County for the delivery of door-to-door
paratransit transportation services to the Village of Wellington residents with
Americans with Disability Act (ADA) eligibility in an amount not to exceed
$40,000 for the period October 1, 2008, through September 30, 2009. Summary: This Interlocal Agreement with the Village of
Wellington will provide paratransit services to residents no longer eligible
for Americans with Disabilities Act (ADA) paratransit services due to the
redefinition of the ADA core area. This
agreement takes effect October 1, 2008, and expires September 30, 2009, in an
amount not to exceed $40,000. Countywide (DR)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
AA. PALM
TRAN (Cont’d)
2. Staff recommends
motion to approve:
A) Standard Agreement with
the Area Agency on Aging (AAA) in the amount of $363,283 to fund transportation
services for the Division of Senior Services (DOSS) program from January 1,
2009, through December 31, 2009; and
B) Budget Amendment of $240 in the Palm Tran
Operating budget to recognize a reduction in funding.
Summary: The
Standard Agreement with the AAA includes information required by the AAA for
transportation services to be provided by Palm Tran Connection for senior
citizens who are clients of DOSS nutritional programs north of Hypoluxo
Road. The AAA funds in the amount of
$363,283 and the local match has already been accounted for in Palm Tran Connection’s
approved FY 2009 budget. Countywide (DR)
BB. SHERIFF
1. Staff recommends
motion to:
A) accept a Florida Department of Law Enforcement Florida Consortium “2008 Paul Coverdell National Forensic Sciences Improvement Grant” in the amount of $41,785 for the period of October 1, 2008, through September 30, 2009; and
B) approve a Budget Amendment of $41,785 in the Sheriff’s Grant Fund.
SUMMARY: The National Institute of Justice (NIJ) awarded
these funds to the Florida Department of Law Enforcement (FDLE) for the “2008 Paul
Coverdell National Forensic Sciences Improvement Grant”. On December 19, 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 overtime, training,
and the purchase of a high speed scanner.
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 Bureau of Justice Assistance (BJA) State Criminal Alien
Assistance Program FY 2008 Grant in the amount of $304,715 for the purchase of computer software and
hardware for Corrections Detention Center Facilities; and
B) approve a Budget Amendment of $304,715 in the Sheriff’s Grants Fund.
SUMMARY: The Bureau of Justice Assistance (BJA) has made funds available to be
used for correctional purposes only. These funds will be used for the purchase,
and installation of new software and hardware for the Corrections Detention
Center Facilities. There is no match
requirement associated with this award. No additional positions are needed and no additional County funds are
required in FY 2009. Countywide (DW)
MARCH 17, 2009
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF (Cont’d)
3. Staff
recommends motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office an Agreement with the Area Agency on Aging Palm Beach/Treasure Coast, Inc., in the amount of $10,200, for the Elderly Abuse Training Project FY 2009 for the period of October 1, 2008, to September 30, 2010; and
B) approve a Budget Amendment of $10,200 in the Sheriff’s Grant Fund.
SUMMARY: The Area Agency on Aging Palm Beach/Treasure
Coast, Inc. received an award from the United States Department of
Justice, Office on Violence Against Women to create a universal, coordinated,
countywide response through enhanced training and strengthened partnerships to
address violence and abuse against women in later life. The Palm Beach County Sheriff’s Office and
the Area on Aging Palm Beach
County/Treasure Coast, Inc. entered into an agreement to create a local
community-based program developed to assist law enforcement, prosecutors,
investigators, and judges in recognizing, addressing, investigating, and
prosecuting instances of elder abuse, neglect, and exploitation of women who
are 50 years of age or older. Under
this Agreement, the Palm Beach County Sheriff’s Office will receive quarterly
payments in the amount of $2,550 for training costs associated with the
program. There is no match requirement associated with this award. No additional positions are needed and no
additional County funds are required.
Countywide (DW)
4. Staff recommends
motion to approve: a Budget Transfer of $343,348 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 2009 estimated donation requirement will not be
finalized until year-end close-out. 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 $1,105,980.
Approval of this request will reduce the State Law Enforcement Trust Fund
balance to $726,632. 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 |
|
State Attorney’s Office – 15th
Circuit (LETF
will be used to fund two (2) Assistant State Attorneys that will be assigned
to the Gang & Gun Unit to assist the Sheriff’s Office with issues during
the investigation, intake and prosecution of gang and gun related crimes) |
$343,348 |
|
Total Amount of
Donations |
$343,348 |
* * * * * * * * * * * *
MARCH 17, 2009
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
A. Proclamation
declaring March 2009 as “Women’s History Month” in Palm Beach County.
(Sponsored by Commissioner Marcus)
B. Proclamation declaring March 2009 as
“Bicycling Month in Palm Beach County and Southeast Florida.” (Sponsored by Commissioner Koons)
C. Proclamation
declaring March 22, 2009 as “Darrell Gwynn Foundation Day” in Palm Beach
County. (Sponsored by Commissioner
Marcus)
D. Proclamation
declaring March 25, 2009 as “Kick Butts Day” in Palm Beach County. (Sponsored by Commissioner Koons)
E. Proclamation
declaring April 5 – 11, 2009 as “Contract Management Week” in Palm Beach
County. (Sponsored by Commissioner
Santamaria)
F. Proclamation
declaring April 2009 as “Water Conservation Month” in Palm Beach County. (Sponsored by Commissioner Santamaria)
* * * * * * * * * * * *
MARCH 17, 2009
5. PUBLIC
HEARINGS - 9:30 A.M. (Motion to receive
and file: Proof of publication)
A. Staff recommends
motion to adopt: a Resolution
abandoning a portion of Genessee Avenue within the plat of Westgate Estates, as
recorded in Plat Book 8, Page 38, Public Records of Palm Beach County, Florida. SUMMARY: This petition site is located
south of Okeechobee Boulevard, lying between Seminole Boulevard and Osceola
Drive. The petitioner is requesting the abandonment to accommodate a storm
water management system in conjunction with the construction of infrastructure
improvements anticipated by the Westgate Belvedere Homes Community Redevelopment
Agency (CRA) North Westgate Improvement Project. District 2 (PK)
B. Staff recommends
motion to adopt: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, amending Ordinance No. 07-003,
providing a revised schedule of rates, fees, and charges for potable water,
wastewater, and reclaimed water services; providing for inclusion in the Water
Utilities Department’s Uniform Policies and Procedures Manual; providing for
repeal of laws in conflict; providing for severability; and providing for an
effective date. SUMMARY: On April 15, 2008, the Board of County
Commissioners approved an ordinance (Ordinance No. 2008-010) establishing a 15%
surcharge on potable water and wastewater fees to offset the fiscal impact
resulting from mandatory water restrictions.
The ordinance provided that the surcharge would remain in effect until
April 30, 2009. Despite receiving $6.2
million in surcharge revenue, the Water Utilities Department (Department)
sustained an operating loss of $4.9 million for the fiscal year ending
September 30, 2008. In order to meet the escalating operating costs, maintain
adequate reserves, and provide for adequate debt service coverage, the
Department has completed a rate study to determine its revenue
requirements. The rate study recommends
that the 15% surcharge on the monthly bills be replaced with a rate increase of
approximately 11.75%. The rate study
also recommends an increase in guaranteed revenue fees, connection fees,
deposits, and other miscellaneous fees.
For reclaimed water, the Department is recommending a new connection fee
for new reclaimed water customers and an increase in the base facility fees and
commodity fees. In the past, reclaimed
water customers paid no connection fees, and the revenue from reclaimed water
service has not covered the cost of the service. Under the revised rates, new reclaimed water
customers will pay a connection fee, but will pay lower base facility fees than
the existing customer who have not paid connection fees. Countywide (MJ)
* * * * * * * * * * * *
MARCH 17, 2009
6. REGULAR
AGENDA
A. ADMINISTRATION
1. Staff recommends
motion to adopt: a Resolution
of the Board of County Commissioners of Palm Beach County, Florida, to reduce
youth smoking and improve the health of Florida citizens. SUMMARY:
At the February 24, 2009 Board of
County Commissioners Meeting, Commissioner Jeff Koons requested this Resolution
be considered by the Board at their next meeting. This Resolution also supports increasing the Cigarette Excise Tax
in Florida by $1 per pack, which will reduce smoking, especially among children
and fund critical healthcare priorities such as Medically Needy health
insurance, emergency room care, disease prevention, and medical research. Countywide
(DW)
2. Staff
requests Board direction regarding:
A) authorizing the relocation of the Tax Collector of Palm Beach
County’s principal office from the Governmental Center to 4349 Forest Hill Boulevard, also replacing the current suburban Lake Worth
office;
B) authorizing the scheduling of two (2) Public Hearings to expand
the boundaries of the County seat to include 4349 Forest Hill Boulevard; and
C) adopting a Resolution ratifying and affirming the Tax
Collector’s other existing branch offices.
SUMMARY: The Tax Collector’s suburban Lake Worth facility, on Military Trail
just north of Lake Worth Road, eventually needs replacement. The Tax Collector desires to have built and
lease back a new facility at 4349 Forest Hill Boulevard to provide more
parking, office space, services and better business processing. When this
building is completed, the Tax Collector would move the principal offices to
the new location and out of the Governmental Center. The Florida Constitution
requires the Board of County Commissioners to adopt a Resolution approving the
location of branch offices for the Tax Collector for the conduct of County
business. In addition, if the Tax
Collector’s principal offices are to be moved, this Board would have to modify
the current boundaries of the County seat to include the Forest Hill Boulevard
property. The Office of the Tax Collector funds its budget from service fees,
the unspent balance of which are passed on to the County and other
governments. To the extent the Tax
Collector uses those fees to fund the new building they will not be available
to the County and other agencies. The timing and budget for the new building
could be a factor in Board consideration of this item. District 2 (JM)
B. COUNTY
ATTORNEY
1. Staff recommends
motion to adopt: a Resolution of the Board of County Commissioners of
Palm Beach County, Florida, approving revisions to the Investment Policy for
Surplus County Funds; adopting the revised and restated Investment Policy;
rescinding all conflicting Investment Policy Resolutions; and providing for an
effective date. SUMMARY: On
January 15, 2009, the Investment Policy Committee recommended several revisions
to the County’s Investment Policy. Those
revisions include limitations on the purchase of securities with lower than AA
ratings; adding wording regarding the disqualification of companies doing
business with Iran’s energy sector and the Sudan; revising the criteria for the
selection of authorized brokers/dealers; and providing for the disposition of
unauthorized investment types received by the County due to settlement of local
proceeding. Staff recommends that the
Investment Policy be restated, due to the many amending resolutions approved
over 20 years. Countywide (PFK)
MARCH 17, 2009
6. REGULAR
AGENDA
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to:
A) adopt a Resolution to approve Amendment Number Five,
for the enhancement of the operation of the Palm Beach County (County)
computerized signal system, per Joint Participation Agreement with the Florida
Department of Transportation (FDOT) R2000-0744, to increase FDOT’s grant for
the salaries to $500,000 per year; and
B) approve an additional
position of a Professional Engineer.
SUMMARY: FDOT is increasing the grant for the salaries
from $400,000 to $500,000 per year, through the FY 2009/2010 with this
Amendment, which has already been programmed to be funded under the
Transportation Improvement Program through FY 2013. Approval of this Amendment will allow the
County to avail itself of an additional $100,000 per year to add a Signal
Timing Engineer’s position. This will enhance the operation of the computerized
signal system in the County. If the grant agreement is not extended to 2013,
the additional position will be eliminated. Countywide (MRE)
D. PUBLIC SAFETY
1. Staff recommends
motion to:
A) adopt a Resolution of the Board of County Commissioners, Palm Beach County, Florida establishing and approving the new MVP Program through the Department of Public Safety, Consumer Affairs Division; and
B) authorize the County Administrator or his designee to execute a standard MVP Program agreement including its terms and conditions on behalf of the Board of County Commissioners.
SUMMARY: The proposed
Resolution implements the new MVP Program. The program is designed to
recognize businesses which voluntarily agree to meet high standards with the
purpose of increasing consumer confidence. The general public will be
able to recognize an MVP business member as a company which is committed to
fairness and ethical treatment of consumers who need the valuable products and
services those businesses provide. Funds from annual MVP subscriptions
will offset the ad valorem cost for operating the Consumer Affairs’ mediation,
education and consumer protection programs. The proposed MVP fees
are identified in the Resolution and the MVP Application. Countywide
(GDB)
MARCH 17, 2009
6. REGULAR
AGENDA
E. WATER UTILITIES
1. Staff recommends
motion to adopt: a Resolution revising various chapters of the Water
Utilities Department’s Uniform Policies and Procedures (UPAP) Manual. SUMMARY: The UPAP is a codification of the
Department's fees, standards, standard legal documents, policies, and
procedures governing the provision of potable water, reclaimed water, and
wastewater services. The Department
performs a review of the UPAP from time to time to ensure the continued
effective and efficient delivery of utility services. The proposed revisions include: a requirement for new customers to
apply for service in person and pay the deposit and activation fee; a
requirement for an account deposit equal to 150% of the normal deposit if
service has been terminated twice in any 12-month period; deletion of language relating to bi-monthly meter
reading; revised procedures for Administrative Hearings; revised formula for
calculating excessive usage credits; requirement that permanent disconnects be allowed only if
the dwelling no longer exists on the property and that the permanent disconnect
be recorded; new penalties for moving construction meters; clarification of language
relating to Utility Concurrency Letters; expansion of the approved materials
list; new standards for lake discharge of reuse water for irrigation purposes;
revision of pavement restoration details to match PBC Engineering standards;
update of the pretreatment program’s response plan; clarification of requirements for reduced
pressure assemblies; new requirement that backflow re-certification be received
by WUD prior to the expiration of the previous certification; and deletion of
references and tables relating to water restrictions since they are available
in the Florida Administrative Code and Water Management District regulations;
and various other miscellaneous revisions and corrections. Countywide
(MJ)
F. FACILITES
DEVELOPMENT & OPERATIONS
TIME CERTAIN
– 11:00 A.M.
1. Staff:
A) recommends motion to approve in concept a land swap exchanging the
County’s holdings in a portion of the Evernia/Fern Block for private holdings
in a portion of the Datura/Evernia Block; and
B) request Board direction regarding the issuance of an RFP for development of the “wedge” and limited adjacent property next to the Tri-Rail station, not the entire Transit Oriented Development (TOD), in West Palm Beach.
SUMMARY: The Board has had multiple presentations over
years on development scenarios for the Transit Oriented Development (TOD) site
around the Tri-Rail station. The County owns much of the targeted land. In the current economic environment, it is
unlikely that the financial benefits of proceeding with the TOD projected by
the most active development interest (Michael Massanoff) will be realized. Staff continues to pursue a land exchange
with the State to consolidate governmental ownership on the Clematis/Datura
Block, which is an essential precondition to the County being able to sell the
remainder of our holdings for TOD development.
Due to the length of time it is taking to effectuate the consolidation
of governmental ownership, Mr. Massanoff is requesting a new project structure
involving less land that could proceed more quickly. The balance of the TOD could be developed in
the future. Staff is concerned that
splitting the TOD by doing multiple RFP’s east of Tamarind Avenue diminishes
the future value of County property and that current market conditions
(downtown vacancies and lack of financing) do not lend themselves to
competitive proposals and financial value.
The Board is reminded that staff, except for developing the “wedge”, has
never endorsed the overall TOD because of potential costs, future government
needs for the property and staff time required to further the TOD. In any event, the proposed land exchange
(motion A) is in the County’s long term interest because it creates a more
usable piece of County property. Countywide (PFK)
MARCH 17, 2009
6. REGULAR
AGENDA
F. FACILITES
DEVELOPMENT & OPERATIONS (Cont’d)
2. Staff recommends
motion to approve:
A) a Interlocal Agreement with South Florida Regional Transportation
Authority (SFRTA) providing for the cooperative development of the West Palm
Beach Intermodal Transit Facility (ITF);
B) a Easement Agreement in favor of SFRTA for shared employee parking and
public parking;
C) a License Agreement in favor of the County for use of SFRTA’s restrooms;
D) Amendment No. 2 to the Contract with Catalfumo Construction, Ltd.
(R2007-1217) in the amount of $1,006,446.88 establishing a Guaranteed Maximum
Price (GMP) for the SFRTA parking lot at the West Palm Beach ITF contingent on
SFRTA approving the Interlocal Agreement on March 27, 2009; and
E) a Budget Amendment of $1,006,447 in the Public Building Improvement Fund
recognizing revenue from SFRTA and creating a project budget.
SUMMARY: The
County owns a 5.76-acre parcel of property at the southeast corner of Banyan
Boulevard and Clearwater Drive, adjacent to the Tri-Rail Station, which is
being developed as an Intermodal Transit Facility (ITF). The County is cooperating with SFRTA to make
available 1.94 acres for development of a parking lot with 163 spaces for
Tri-Rail riders and both SFRTA and Palm Tran employees. Catalfumo Construction is constructing the ITF
for the County and SFRTA is contracting with the County to utilize the County’s
contract with Catalfumo for construction of the parking lot. SFRTA will fund the design and construction
of the parking lot at a not-to-exceed cost of $1,006,446.88, and the County
will fund $15,000 for security modifications to SFRTA’s building required for the
County’s use. All previous Agreements
with SFRTA for construction and use of the parking lot are being terminated and
replaced with the Interlocal Agreement, Easement Agreement and License
Agreement. Pursuant to Catalfumo’s
annual CM-at-Risk Contract, Amendment No. 2 will implement the construction of
the SFRTA parking lot with associated drainage, lighting, landscaping and
irrigation on the northern portion of the ITF property. The SBE participation
goal is 15%. Catalfumo’s GMP includes
participation of 13.4%. The construction
duration is 120 calendar days. The County will provide SFRTA with construction
administration services for a fee of $15,000 and SFRTA will be responsible for
acquisition of all necessary permits prior to construction. SFRTA has scheduled the Agreements to be
approved by their Governing Board on March 27, 2009. Staff will not issue the Notice to Proceed to
Catalfumo until the Agreements are approved and executed by SFRTA. (PREM/CID) District
7 (HJF/JM)
MARCH 17, 2009
6. REGULAR
AGENDA
F. FACILITES
DEVELOPMENT & OPERATIONS (Cont’d)
3. Staff recommends
motion to:
A) approve a Budget Transfer in the amount of $3,460,917 from
Reserves in the 80.705M NAV 01, Convention Center Fund which reallocates monies
within the fund to increase the Renewal/Replacement Line from $2,400,000 to
$5,860,917;
B) authorize staff to prepare an Amendment to the Tourist
Development Plan/Ordinance to allow for the use of the 4th cent
revenues for renewal/replacement at Roger Dean Stadium;
C) allocate $13,000,000 from the Bed Tax 4th
and 1st Cent General Reserves to establish a Renewal/Replacement
Restricted Reserve within the same fund; and
D) authorize staff to commence negotiations with the
Jupiter Stadium LTD (Teams) on an Amendment to the Use Agreement for Roger Dean
Stadium to address the Team’s annual contribution to the Renewal/Replacement
Restricted Reserve, establish procedures for the use of the funds as well as
any other terms that the Teams and the County believe need to re-addressed.
SUMMARY: FDO staff
in conjunction with Global Spectrum and the Teams conducted a comprehensive
condition analysis to update its ten (10) year forecast of renewal/replacement requirements
at both the Convention Center and Roger Dean Stadium; the two (2) County-owned
facilities funded with Bed Tax Revenues. A total of $18,000,000 in renewal/replacement
expenditures are forecasted for the two (2) facilities over the next ten (10)
years. Staff also looked at other issues which impact the establishment of a renewal/replacement
project line when using bed tax revenues as the funding source, and the
legalities associated with funding a renewal/replacement fund for Roger Dean
Stadium compliant with the private activity restrictions of bonds which were
used to fund Roger Dean Stadium. FDO staff presented its recommendations to the
Tourist Development Council (TDC) on February 12, 2009. The TDC concurred with all recommendations but
for the amount of funding to be set aside for this purpose (Motion C). FDO staff recommends that a Renewal/Replacement
Fund Restricted Reserve be allocated in the amount of $13,000,000 from the 1st
and 4th Cent Bed Tax General Reserve to be used solely for renewal/replacement
at the Convention Center and Roger Dean Stadium. The $13,000,000 set aside now,
combined with interest to be accrued, as well as, annual revenues received from
the Teams should be sufficient to meet the estimated $18,000,000 in renewal/replacement
needs at the two (2) facilities over the next ten (10) years. The TDC’s
alternate recommendation was: 1) a one-time transfer of $6,400,000 from 1st
Cent Reserves to the Renewal/Replacement Restricted Reserve for the Convention
Center and the Stadium; and 2) begin annual contributions of $675,000 annually
in 2014 from the 4th and/or 1st Cent Annual Reserves to
the Renewal/Replacement Restricted Reserve. Staff is recommending that the
Board proceed with its recommendation as the TDC’s recommendation: 1) does not
result in a sufficient source funding for the renewal/replacement account over
the ten (10) year period; 2) does not address any of the policy issues
associated with providing funding to protect the existing assets prior to
taking on or creating new monetary obligations; 3) leaves sufficient general
reserve balances (approximately $9,000,000) for future capital projects; and 4)
leaves excess annual revenues of approximately $600,000-$900,000 for building
the general reserve balance or for allocation to other allowed uses/purposes. (FDO Admin) Countywide/Districts 1 & 7
(MC)
* * * * * * * * * * * *
MARCH 17, 2009
7. BOARD
APPOINTMENTS
A. ADMINISTRATION
(Overall
Economic Development Program (OEDP)
1. Staff recommends
motion to approve: the appointment of the following representative to
the Overall Economic Development Program (OEDP) Committee for a term of four
(4) years:
Seat No. The
Glades Communities Term
Expires
21 Ashley T. Tripp March
16, 2013
SUMMARY: On July 11, 2000,
the Board of County Commissioners approved the Resolution R2000-0992 providing
for the creation of the Overall Economic Development Program (OEDP)
Committee. The OEDP Committee has 31
members, made up of local government
officials and representatives of business, industry, finance, agriculture, the
professions, organized labor, education, public health agencies, racial/ethnic
minorities, and the unemployed and underemployed. The new appointment,
Ashley T. Tripp, will replace former member, Kenneth Lutz. This recommendation was made by the OEDP
Committee on February 5, 2009. Countywide (DW)
B. FIRE RESCUE
(Fire Rescue Advisory Board)
1. Staff recommends
motion to approve: the
appointment of one (1) out of two (2) individuals to replace Mr. Kevin Justice
beginning on March 17, 2009, through March 16, 2012:
Appoint:
Nominee Category Seat No. Nominated By
Harold Ostrow Financial
Rep. 3 Commissioner
Marcus
OR
Geoffrey Kasher Financial Rep. 3 Commissioner
Vana
SUMMARY: The
Fire Rescue Advisory Board was created by Resolution No. R89-1661 and revised
by No. R92-596 on April 28, 1992. This
Board consists of seven (7) (at-large) members with specific fields of
expertise and serve a three (3) year term.
On December 29, 2008, a memo was distributed to the County Commissioners
requesting nominations to this Board. No
other nominations have been received. Countywide (SGB)
C. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
MARCH 17, 2009
8. MATTERS
BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
MARCH 17, 2009
9. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
MARCH 17, 2009
10. COMMISSIONER
COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS
B. District
2 - COMMISSIONER JEFF KOONS, CHAIRMAN
C. District
3 - COMMISSIONER SHELLEY VANA
D. District
4 - COMMISSIONER
E. District
5 - COMMISSIONER BURT AARONSON, VICE CHAIRMAN
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER ADDIE L. GREENE
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."
March 17, 2009 – 9:30 a.m.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
MARCH 17, 2009
PAGE ITEM
7 3A-1 DELETED
(PART B) ONLY : Staff
recommends motion to receive and file:
A)….B) Resolution No. 58-08 of the City Commission of the
City of Delray Beach, Florida, opposing and protesting the efforts of Palm
Beach County to deny the City’s water and sewer utility the same rate-setting
authority granted to all municipalities in the State of Florida that operate
water or sewer utilities outside their municipal boundaries; and C)...(Admin) (City sent in error)
11 3D-1 REVISED TITLE: Staff recommends motion to approve:
Amendment No. 12 to the Contract (R96-0714D) for the employment of Denise
M. Nieman as County Attorney for a term ending September 14 30,
2014. (County Attorney)
12 3E-3 REVISED TITLE: Staff
recommends motion to approve: Contract with Nonprofits First/Executive
Service Corps of Southeast Florida, Inc., for the period October 1, 2008,
through September 30, 2009, in an amount of $100,000 $95,000, for
training, education and technical assistance. (Community Services)
13 3E-4 REVISED TITLE & SUMMARY: Staff recommends motion to
approve: Amendment No. 2 to Children’s Case Management Organization, Inc. d/b/a
Families First (R2008-2125) (R2007-1939) for the period October
1, 2008, through September 30, 2009, to change the unit of service definition. SUMMARY: Adjustments to the unit of
service definition is necessary in order for Families First to be able to bill
for each unit of service provided. The
unit is currently defined as one (1)
hour of service and may include one (1) home visit, one (1) face to face, one
(1) telephone call, one (1) school visit, one (1) collateral visit, or one (1)
workshop. Amendment 1 extended the contract
through FY 2009 and the unit pricing was based on ¼ hour of service as the
billable unit of service. However, the definition of a unit of service was
inadvertently not revised from the one (1) hour originally stated in the
contract. The unit will now be
defined as 15 minute increments of service delivery that may include home
visits, face to face contacts, school visits, collateral visits, workshops, or
supervision to discuss case consultations and direction for the needs of the
family served. The service
description is not changing and they will continue to provide the same services
as contracted for in September November 2008. There is no change to the contract amount and
no additional funding is being requested. This correction is retroactive to
October 1, 2008. Countywide (TKF)
(Community Services)
18 3H-12 DELETED:
Staff recommends motion to approve: a sole source procurement with
SimplexGrinnell LP for $440,750 for a retrofit of the Fire Alarm System for the
Judicial Center, SA/PD, and the Central Energy Plant at the Government Center
Complex in West Palm Beach. (FDO) (Further staff review)
19 3H-14 DELETED:
Staff recommends motion to: A) approve an Agreement for
Conveyance, Use and Maintenance with G.L. Homes of Boca Raton Associates V,
Ltd. (G.L. Homes);…(FDO) (Not advertised as required)
22 3K-3 DELETED: Staff recommends motion to approve: Work Authorization No. 14 to the Optimization and Improvements Design/Build Services with Globaltech, Inc. (R2008-2323) for replacement of the Town of Mangonia Park elevated water storage tank bowl and riser pipe in the amount of $427,636. (WUD) (Further staff review)
31 3Q-1 REVISED TITLE & SUMMARY: Staff recommends motion to approve:
A) an Interlocal Agreement in
the amount of $49,000 with the Palm Beach County Sheriffs Office (PBSO) to implement
the law enforcement component of the Youth Violence Prevention Project;
B) a Budget Transfer of $49,000 in the General Fund
from the Youth Violence Prevention Project to the Sheriff’s Grant Fund;
and C)…
SUMMARY: The Law Enforcement Planning Council, representing the Law Enforcement component of the Youth Violence Prevention Project (YVPP), has approved up to $49,000 for overtime to support the YVPP Gun Show Initiative. The additional law enforcement activities at the gun shows will be coordinated by the Violent Crimes Task Force, which is made up of municipal police departments as well as the PBSO. This initiative is focused on stopping the illegal sales and purchases of guns at gun shows which are a major source of firearms for youthful offenders. Countywide (DW) (CJC)
35 3BB-4 REVISED SUMMARY: Florida Statute 932.7055 requires
that no less than 15% of the Law Enforcement Trust Fund (LETF) 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….Approval of this
request will reduce the State Law Enforcement Trust Fund balance to $726,632
$762,632. 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. (PBSO)
36 4F DELETED: Proclamation
declaring April 2009 as “Water Conservation Month” in Palm Beach County.
(Sponsored by Commissioner Santamaria) (To be presented at the April 7, 2009
Meeting)
36 4G ADD-ON: Proclamation declaring April 5, 2009 as
“Parents and Children’s Day” in Palm Beach County. (Sponsored by Commissioner Santamaria)
38 6A-2 DELETED: Staff requests Board direction regarding:
A) authorizing the relocation of
the Tax Collector of Palm Beach County’s principal office from the Governmental
Center to 4349 Forest Hill
Boulevard, also replacing the current
suburban Lake Worth office;…(Admin)
42 6G-1 ADD-ON:
Staff recommends motion to approve:
A) Budget Transfer of $900,000 from the $20,045,000 Public Improvement
Revenue Bond Anticipation Note (BAN), Series 2007(Jail Facilities Expansion
Program) Capital Fund to reimburse the Public Building Improvement Fund for
project expenditures made prior to the issuance of the BAN.
B) Budget Amendment of $900,000 in the Public Building Improvement Fund to
record the transfer of funds from the $20,045,000 Public Improvement Revenue
Bond Anticipation Note, Series 2007 Capital Fund.
SUMMARY: On
September 11, 2007, the Board approved a Resolution (R2007-1502) authorizing
the issuance a Public Improvement Revenue Bond Anticipation Note, Series 2007
in principal amount of not exceeding $20,100,000 to pay for or reimburse the
County for initial project costs for the jail expansion program. The above Transfer and Amendment are required
to reimburse the Public Building Improvement Fund for preliminary expenditures
incurred prior to the issuance of the BAN.
Countywide (PFK)
(OFMB)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the addition/deletion sheet distributed
to the Board the prior day are noted with an asterisk (*).