ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

NOVEMBER 3, 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 6 - 25)

 

4.         SPECIAL PRESENTATIONS - 9:30 A.M. (Page 26)

 

5.         REGULAR AGENDA (Pages 27 - 30)

            TIME CERTAIN 11:00 A.M. (Affordable Housing Resolution) (Page 28)

 

6.         BOARD APPOINTMENTS (Page 31)

 

7.         MATTERS BY THE PUBLIC – 2:00 P.M.  (Page 32)

 

8.         STAFF COMMENTS (Page 33)

 

9.         COMMISSIONER COMMENTS (Page 34)

 

10.       ADJOURNMENT (Page 34)

 

 

 

 

* * * * * * * * * * *

 


NOVEMBER 3, 2009

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 6

            3A-1    Amendment No. 3 with Business Development Board for business recruitment assistance

            3A-2    Grant Agreement with Palm Beach International Film Festival regarding film recruitment

Page 7

            3A-3    Program criteria for Energy Efficiency and Conservation Block Grant Program

            3A-4    Budget Transfer/Amendment regarding installation of streetlights in Juno Ridge CCRT area

 

B. CLERK & COMPTROLLER

Page 7

            3B-1    Warrant list

            3B-2    Minutes

Page 8

            3B-3    Contracts and claim settlements list

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

 

C. ENGINEERING & PUBLIC WORKS

Page 8

            3C-1   Resolution re-designating a parcel of County-owned land at Oswego Ave/Seminole Blvd as right-of-way

            3C-2   Change Order No. 7 with Ranger Construction Industries related to Okeechobee Blvd. construction (Royal Palm Beach High School Entrance to west of Florida’s Turnpike)

            3C-3   First Amendment to the Atlantic Avenue Agreement related to West Atlantic Avenue construction (west of Lyons to Starkey Road)

Page 9

            3C-4   Contract with Florida Highway Products for annual micro-surfacing services

            3C-5   Contract with Florida Highway Products for annual open graded asphalt pavement services

            3C-6   Three (3) County deeds in favor of City of Greenacres on 10th Ave North

            3C-7   Deleted

Page 10

            3C-8   Contract Amendment to annual pathway and minor construction contract with Charles S. Whiteside, Inc.

            3C-9   Resolution vacating a ten foot wide utility easement on the Plat of Kanawha Park

 

D. COUNTY ATTORNEY  -  None

 

E. COMMUNITY SERVICES

Page 10

            3E-1    Homeless Prevention Rapid Re-housing Program contracts

Page 11

            3E-2    Use of Facility Agreement with NOAH Development Corp. for congregate meal site

            3E-3    Thirty contracts with financially assisted agencies for a variety of services

 

F. AIRPORTS

Page 13

            3F-1    Air Cargo Building Lease and Operating Agreement with United Parcel Services at PBIA

Page 14

            3F-2    Agreement with Florida Turnpike Enterprise related to SunPass Plus Parking Program at PBIA

            3F-3    Amendment No. 7 with The LPA Group for professional planning/design services

Page 15

            3F-4    Receive and file three (3) original agreements for Department of Airports

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 15

            3G-1   Resolution renaming construction fund for Public Improvement Revenue Bonds (Convention Center project)

 


NOVEMBER 3, 2009

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 15

            3H-1   Amendment No. 3 with Sunco Construction Services for annual residential contract

Page 16

            3H-2   JOC Work Order No. 09-174 with Holt Contractors, Inc. for John Prince Park Campground laundry facility

            3H-3   JOC Work Order No. 09-175 with Holt Contractors, Inc. for South Bay Depot building renovations

            3H-4   Sovereignty Submerged Lands Lease Modification with Internal Improvement Trust Fund of the State of Florida regarding 32 boat slip marina at Phil Foster Park

 

I. HOUSING & COMMUNITY DEVELOPMENT

Page 17

            3I-1     Amendment No. 1 with Aid to Victims of Domestic Abuse for transitional housing/support services

            3I-2     Reimbursement to the City of Belle Glade for drainage improvements on several roadways

            3I-3     Eleven (11) Emergency Shelter Grants Program agreements with various agencies

Page 18

            3I-4     Amendment to the Neighborhood Stabilization Program Guidelines

Page 19

            3I-5     Eighteen (18) Community Development Block Program agreements with various agencies

Page 20

            3I-6     Twenty-Fifth Amendment to FY 2007/2008 Action Plan 

 

J. PLANNING, ZONING & BUILDING  -  None

 

K. WATER UTILITIES

Page 20

            3K-1    Reclaimed Water Agreement with The Pious Society of the Missionaries of St. Charles Boromero, Inc.

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 21

            3L-1    Notice of Professional Services Required for coastal and marine engineering consultant services

 

M. PARKS & RECREATION

Page 21

            3M-1   Agreement with South Florida Science Museum for Science Tunnel Exhibition

            3M-2   RAP Agreement with Inner City Youth Golfers’, Inc. for youth golf program expenses

            3M-3   Two (2) Independent Contractor Agreements

Page 22

            3M-4   Two (2) non-standard Amphitheater Rental Agreements with AEG Live SE, LLC for two (2) concerts at Sunset Cove Amphitheater

 

N. LIBRARY

Page 22

            3N-1   Cooperative Agreement with Literacy*AmeriCorps for English programs/learning computer lab

 

P. COOPERATIVE EXTENSION SERVICE  -  None

 

Q. CRIMINAL JUSTICE COMMISSION  -  None

 

R.  HUMAN RESOURCES

Page 22

            3R-1   Labor-Management Agreement with Communication Workers of America, Local 3181

 

S. FIRE RESCUE  -  None

 

NOVEMBER 3, 2009

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

 

T. HEALTH DEPARTMENT  -  None

 

U. INFORMATION SYSTEMS SERVICES  -  None

 

V. METROPOLITAN PLANNING ORGANIZATION  -  None

 

W. PUBLIC AFFAIRS

Page 23

            3W-1   Resolution supporting the Community Access Preservation Act (HR 3745)

 

X. PUBLIC SAFETY

Page 23

            3X-1    Two (2) contracts with agencies to provide juvenile drug treatment and testing services

Page 24

            3X-2    Interlocal Agreement with City of Miramar to enhance the County’s Citizen Corps Program

 

Y. PURCHASING  -  None

 

Z. RISK MANAGEMENT  -  None

 

AA. PALM TRAN  -  None

 

BB. FIFTEENTH JUDICIAL CIRCUIT

Page 24

            3BB-1 Transfer of certain assets to the Palm Beach County Sheriff’s Office

 

            CC. SHERIFF

Page 24

            3CC-1            FDOT Highway Safety Grant for Palm Beach County DUI Initiative

Page 25

            3CC-2            Bureau of Justice Assistance Bulletproof Vest Partnership Grant

            3CC-3            Office of Justice Programs Smart Policing Demonstration Initiative Grant

 

 

SPECIAL PRESENTATIONS - 9:30 A.M.

Page 26

            4A       YouthBuild USA Program Resolution

            4B       Hunger and Homelessness Awareness Week

            4C       Communities in Schools Awareness Month

            4D       Alzheimer’s Awareness Month

            4E       Pancreatic Cancer Awareness Month

            4F       One Church One Child Adoption Sunday

            4G       Hispanic Poet’s Day

            4H       Joey Bergsma Retinoblastoma Awareness Month

 

 

REGULAR AGENDA

 

ADMINISTRATION

Page 27

            5A-1    Draft Management Plan for Jupiter Inlet Lighthouse Outstanding Natural Area

            5A-2    Contract/Amendments with seven (7) companies for State Lobbying services

            5A-3    Amendment No. 7 with U.S. Strategies Corp. for Federal Lobbying services


NOVEMBER 3, 2009

 

TABLE OF CONTENTS

 

REGULAR AGENDA CONTINUED

 

ADMINISTRATION (Continued)

Page 28

            5A-4    Affordable Housing Resolution - TIME CERTAIN 11:00 A.M.

 

ENGINEERING & PUBLIC WORKS

Page 28

            5B-1    Ordinance amending Five Year Road Program

 

            PLANNING, ZONING & BUILDING

Page 28

            5C-1   Interlocal Agreement with Village of Palm Springs for annexation of two (2) enclaves

 

            WATER UTILITIES

Page 29

            5D-1   Palm Beach County Water Utilities Tampering Ordinance

            5D-2   Revised schedule of rates and Equivalent Residential Irrigation Connection values for reclaimed water services Ordinance

 

            HOUSING & COMMUNITY DEVELOPMENT

Page 30

            5E-1    Short Sale Policy Guidelines for State Housing Initiatives Partnership and HOME first-time buyer assistance programs

 

BOARD APPOINTMENTS  (Page 31)

 

MATTERS BY THE PUBLIC – 2:00 P.M.  (Page 32)

 

STAFF COMMENTS  (Page 33)

 

COMMISSIONER COMMENTS (Page 34)

 

ADJOURNMENT (Page 34)

 


NOVEMBER 3, 2009

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to approve:

 

A) Amendment No. 3 to the Business Development Board of Palm Beach County, Inc. (BDB) Five-Year Agreement (R2006-1998) in accordance with Board direction reducing the annual grant amount by 5% from $980,495 to $931,470 for the remaining two (2) year term of October 1, 2009, to September 30, 2011; and

 

B) modification to the Scope of Services for FY 2010. 

 

SUMMARY: The Board of County Commissioners (BCC) entered into an Agreement with the BDB to provide business recruitment assistance, business retention activities and business expansion services in Palm Beach County. The BCC and the BDB entered into a public-private partnership to promote the County, attract new businesses and assist in creating new industries in the County. The Agreement period is from October 1, 2006, through September 30, 2011 and it is in the fourth year of the term. This reduction is required to bring the annual amount in the Agreement in line with the approved FY 2009/2010 budget. The Scope of Services modifications include:  continue to organize and host the Aviation/Aerospace, Communications/IT, Life Science and Green Energy Task forces focused on nurturing the expansion and relocation of companies that fall within the “Industries of the Mind” clusters; participate in initiatives focused on economic development in the Glades region of Palm Beach County; and explore potential opportunities in the NASA program as they downsize and realign their Florida operations. Countywide (DW)

 

 

2.         Staff recommends motion to approve:  a Grant Agreement with The Palm Beach International Film Festival, Inc. (PBIFF) in the amount of $27,000 from October 1, 2009, to September 30, 2010. SUMMARY:  The scope of services included in this Grant Agreement falls within four (4) categories: A)  Operations: recruit 250 films for the Film Festival, with the goal of 10% being international; obtain the participation and commitment from 30 talent-industry professionals with the objective of raising awareness of the Film Festival, and feedback for future expansion strategies; and provide operational support services for all aspects of the Film Festival, B) Revenue Generation: match 100% of County grant with private funds; and develop fundraising/awareness events in 2009-2010, C) Education: provide scholarships to the winners of the Student Showcase of Films and develop student liaisons between the PBIFF and the School District of Palm Beach County to encourage participation in the Film Festival, D) Economic Development: offer a seminar on film industry issues; meet with the business community through the Business Development Board (BDB), and Chambers of Commerce to encourage local production companies to participate in the Film Festival activities; and assist the Tourist Development Council and the PBC Economic Development Office in updating the economic impact of the Film Festival in the County. The final reported 2008 economic impact on tourism from out of County visitors was $2,083,936. The International Film Festival is scheduled from April 22 - 26, 2010. The FY 2010 Grant Agreement of $27,000 is reduced from last year’s level of $100,000. Countywide (DW)

 

 


NOVEMBER 3, 2009

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION (Cont’d)

 

3.         Staff recommends motion to approve: the program criteria for the Energy Efficiency and Conservation Block Grant (EECBG) Energy Efficiency/Conservation Competitive Grant Program.  SUMMARY: On October 20, 2009, the Palm Beach County Board of County Commissioners approved the U.S. Department of Energy’s (DOE) Assistance Agreement for a formula-based grant totaling $6,587,600 to implement eight (8) project activities under the EECBG Program which included an Energy Efficiency/Conservation Competitive Grant Program for local governmental organizations totaling $850,000. This program will provide local governmental organizations, who did not receive a formula-based award, an opportunity to implement retrofits on public properties to increase energy savings and reduce fossil fuels.  Applicants may request a minimum of $50,000 up to $200,000 for projects and are required to provide a 50% match. All recommended applicants/projects must be submitted to the DOE for approval and adhere to the period of performance and requirements. These are Federal funds that require no County matching funds. Countywide (DW)

 

 

4.         Staff recommends motion to approve: 

 

A) expenditure of $56,000 to assist in the installation and twenty (20) years maintenance of eight (8) “cobra head” street lights within the Juno Ridge Countywide Community Revitalization Team (CCRT) area;

 

B) Budget  Transfer of $56,000 in the Capital Outlay Fund from the CCRT Street Lighting Project account to establish a transfer of $40,000 to the CCRT Street Lighting Maintenance Fund and $16,000 to the Juno Ridge Street Lighting Project to fund the installation of this project; and

 

C) Budget Amendment of $40,000 in the CCRT Street Lighting Maintenance Fund to recognize and appropriate the transfer from the Capital Outlay Fund of $40,000 for the Juno Ridge Street Lighting Project.   

 

SUMMARY:  This street lighting project was initiated by members of the Juno Ridge neighborhood group and the total amount of funding provided for this project is $56,000.  Based on review by the Palm Beach County Sheriffs’ Office and the Office of Community Revitalization staff, it was determined that the installation of these streetlights would help reduce crime, enhance pedestrian safety and facilitate safer vehicular movement. District 1 (AH)

 

 

B.        CLERK & COMPTROLLER

 

1.         Staff recommends motion to approve:  Warrant List.

 

 

2.         Staff recommends motion to approve:  the following final minutes of the Board of County Commissioners= meetings:

 

Meeting Type                                                          Meeting Date

Joint w/BCC/League of Cities/School Board      January 26, 2009

Workshop                                                                  January 27, 2009

Zoning                                                                       March 30, 2009

Zoning                                                                       May 28, 2009

Regular                                                                      June 16, 2009

Workshop                                                                  June 30, 2009

Regular                                                                      July 7, 2009

Regular                                                                      September 15, 2009

 

NOVEMBER 3, 2009

 

 

3.         CONSENT AGENDA APPROVAL

 

 

B.        CLERK & COMPTROLLER (Cont’d)

 

3.         Staff recommends motion to approve:  Contracts (regular) and claim settlements list as submitted by various departments to the Clerk & Comptroller=s Office.  Countywide

 

 

4.         Staff recommends motion to receive and file:  change orders, work task orders, minor contracts, final payments and other items approved by the Contract Review Committee and by the department heads for the Engineering Department; Facilities Development and Operations Department; Water Utilities Department; Environmental Resources Management Department; and the Department of Airports during July  2009. Countywide

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to adopt: a Resolution to re-designate a parcel of Palm Beach County owned land at the northwest corner of Oswego Avenue and Seminole Boulevard as road right-of-way. SUMMARY: Approval of this action will allow the Property and Real Estate Management Division (PREM) to satisfy a site plan condition of approval for the construction of Fire Station No. 24. The site plan condition requires PREM to dedicate right-of-way at the northwest corner of Oswego Avenue and Seminole Boulevard.  District 2 (PK)

 

 

2.         Staff recommends motion to approve: Change Order No. 7 in the amount of $617,191.45 and a 60 day time extension to Contract No. R2008-0499 with Ranger Construction Industries, Inc. for construction of Okeechobee Boulevard from Royal Palm Beach High School Entrance to west of Florida’s Turnpike. SUMMARY: Approval of Change Order No. 7 is for late modifications to the pedestrian bridges over Florida’s Turnpike - as required by Florida Turnpike Enterprise and Florida Gas Transmission after the contract was awarded. As per the Joint Participation Agreement with the Florida Department of Transportation, fifty percent of this Change Order is reimbursable by the Department of Transportation. Districts 2 & 6 (MRE) 

 

 

3.         Staff recommends motion to approve:

 

A) the First Amendment to the Atlantic Avenue Agreement (R2006-0529) with Boca Raton Associates VI, LLLP; Whitworth Estates PUD Acquisition, LLC; KRG/Atlantic Delray Beach, LLC; Atlantic Commons Associates, LLLP; ANSCA Acquisition, LLC; ANSCA Development Group, LLC; and City National Bank of Florida (“Property Owners”) addressing the design, right-of-way acquisition, construction, and associated funding, for segments of Atlantic Avenue from Lyons Road to Jog Road; and

 

B) a Budget Amendment of $14,800,000 in the Transportation Improvement Fund to recognize Developer contributions and appropriate it to West Atlantic Avenue from west of Lyons Road to east of Florida’s Turnpike.

 

SUMMARY:  Approval of this First Amendment to the Atlantic Avenue Agreement will transfer to Palm Beach County responsibility for completion of the remaining obligations under the Atlantic Avenue Agreement (along with all remaining funds collected from the Property Owners), which is necessary to obtain up to $6,286,595 in matching Transportation Regional Incentive Program funding from the Florida Department of Transportation for the construction of West Atlantic Avenue from west of Lyons Road to Starkey Road.  District 5 (LB)

 

 


NOVEMBER 3, 2009

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

 

4.         Staff recommends motion to approve: a Contract not to exceed the total value of $50,000 for task orders which may be issued for the Annual Micro-Surfacing Contract (Contract), Project No. 2010051, with Florida Highway Products, Inc. (FHP), the lowest, responsive, responsible bidder.  SUMMARY: Approval of this Contract will provide for the furnishing of all management and supervision, materials, labor and equipment necessary to maintain traffic for overlaying existing pavement on various roads on an as-needed basis.  The Small Business Enterprise (SBE) goal for the project is 15%.  The SBE participation committed for the project by FHP, is 7.93% overall.  The second low bidder, North Florida Emulsions, Inc., committed to 7.85% SBE participation.  Since neither bidder was responsive to the SBE requirement, as per the SBE Ordinance, the Contract should be awarded to FHP.  Countywide (MRE)

 

 

5.         Staff recommends motion to approve: a Contract not to exceed the total value of $100,000 for task orders which may be issued for the Annual Open Graded Asphalt Pavement Contract (Contract), Project No. 2010052, with Florida Highway Products, Inc. (FHP), the lowest, responsive, responsible bidder.  SUMMARY: Approval of this Contract will provide for the furnishing of all management and supervision, materials, labor and equipment necessary to maintain traffic and place a Cold-Mix Open Graded Asphaltic Concrete Pavement surface on the roadways. The Small Business Enterprise (SBE) goal for the project is 15%.  The SBE participation committed for the project by FHP, is 7.62% overall. The second low bidder, North Florida Emulsions, Inc., committed to 7.85% SBE participation. Since neither bidder was responsive to the SBE requirement, as per the SBE Ordinance, the Contract should be awarded to FHP.  Countywide (MRE)

 

 

6.         Staff recommends motion to approve: three (3) County Deeds in favor of the City of Greenacres (City) for surplus property on 10th Avenue North lying within the City limits. SUMMARY: Approval of this item will convey title of surplus Palm Beach County owned property, acquired by a 1972 Chancery case, to the City for their local beautification project, and preserve easement rights to an adjacent property owner for ingress and egress, preserve easement rights to Palm Tran for a future bus stop, and reserve line of sight easements for 10th Avenue North. District 2 (PK)

           

 

7.         DELETED

 


NOVEMBER 3, 2009

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

8.         Staff recommends motion to approve: a Contract Amendment to the Annual Pathway and Minor Construction Contract (Contract) (R2008-1824) Project No. 2009053, dated October 21, 2008, with Charles S. Whiteside, Inc, (Contractor), a Palm Beach County company. This Amendment will extend the expiration date and lower the unit prices on certain bid items. SUMMARY: Approval of this Amendment to the Contract will extend the expiration date retroactively, from October 21, 2009, to October 21, 2010. There is no increase to the dollar value of the Contract.  The Contractor has voluntarily reduced the unit prices for over 40% of existing bid items that may be used in future task authorizations. These reductions ranged from 2% to over 40%, with the majority being reductions of approximately 10%.  The Contract provides for construction and/or resurfacing of pathways, construction of parking areas, speed humps, traffic separators, miscellaneous concrete works and other minor construction projects required by various Palm Beach County Departments on an as needed basis. Small Business Enterprise (SBE) goals were established at 15% of the overall Contract amount. The SBE participation committed for the project by the Contractor is 21.6% overall. Countywide (MRE)

 

 

9.         Staff recommends motion to adopt:  a Resolution vacating a ten foot wide utility easement lying within Lots 11, 12, 13 and 14, as shown on the Plat of Kanawha Park, recorded in Plat Book 23, Page 248, Public Records of Palm Beach County, Florida.  SUMMARY: This petition site is located at the southeast corner of Lake Worth Road and Charleston Street.  The petitioner is requesting the vacation to make way for the construction of a new Fire Rescue Station.  Utilities that were previously located in the subject easement have been relocated within a replacement easement.  District 2 (PK)

 

 

E.        COMMUNITY SERVICES

 

                        1.         Staff recommends motion to receive and file: Contracts resulting from Homeless Prevention Fund, Title XII of Division A of the American Recovery and Reinvestment Act of 2009 (ARRA):

 

A) Adopt-A-Family of the Palm Beaches, Inc. for the period October 1, 2009, through September 30, 2012, in an amount not to exceed $1,826,200 to provide Rapid Re-Housing services; and

 

B) 211 Palm Beach Treasure Coast, Inc. for the period of September 1, 2009, through September 30, 2012, in an amount not to exceed $56,477 for record keeping and reporting services.

 

Summary: On May 5, 2009 (R2009-0799), the Board of County Commissioners delegated authority to the County Administrator or his designee to sign sub-grantee agreements related to Homeless Prevention Rapid Re-housing Program (HPRP) as a result of ARRA funds. Palm Beach County was allocated $2,823,871 in HPRP funding under the Federal Stimulus Plan.  HPRP funds homeless prevention services, rapid re-housing services, data collection and evaluation and administrative cost. Adopt-A- Family, Family Empowerment Coalition and The Lord’s Place will coordinate rapid re-housing through a housing relocation and stabilization component. The Division of Human Services will coordinate the homeless prevention component and 211 Palm Beach Treasure Coast will coordinate HPRP’s record keeping and reporting through HUD’s Homeless Management Information System (HMIS) software.  In order to meet HUD’s stringent deadlines, the County Administrator or his designee signed all related contracts and documents. These are Federal funds that require no local match.  (Human Services)  Countywide (TKF)

         

 


NOVEMBER 3, 2009

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

2.         Staff recommends motion to approve: Use of Facility Agreement with the NOAH Development Corporation to utilize facility for operating a congregate meal site for the elderly, effective November 18, 2009, with no fixed expiration date. Summary: This Agreement will enable the Division of Senior Services (DOSS) to operate a congregate dining site for the elderly in Belle Glade at Glades Pioneer Terrace Housing located at 200 Dorothy Wilford Circle. Glades Pioneer Terrace Housing will recruit volunteers to operate the site. All meals and necessary food service, related supplies, including food container, utensils, paper products, etc., shall be furnished by the County or through its designated food service vendor, subject to the availability of funds. DOSS shall provide training for volunteers recruited to work at the meal site in site management, sanitation, food portioning and required paperwork. The volunteers shall distribute the meals to participants. Funding to operate this congregate dining site is through the American Recovery and Reinvestment Act allocated by the State of Florida Department of Elder Affairs and the Area Agency on Aging Palm Beach/Treasure Coast, Inc. through Resolution No. R2009-1069.  A required 10% County match of $20,908 was obligated in the funding Agreement and is included in FY 2010 budget. (DOSS) District 6 (TKF)

 

 

3.         Staff recommends motion to approve: Amendments to renew 30 contracts with financially assisted agencies totaling $9,725,847 for the indicated activities, for the period October 1, 2009, through September 30, 2010:

 

A) Amendment No. 2, Adopt‑A‑Family of the Palm Beaches, Inc. (R2007-1921) ‑ $293,242 for homeless prevention services, transitional housing & support, and self-sufficiency services;

 

B) Amendment No. 2, Aid to Victims of Domestic Abuse, Inc. (R2007-1922) - $152,522 for emergency shelter services to women and children who are victims of domestic abuse;

 

C) Amendment No. 2, Alzheimer’s Community Care, Inc. (R2007-1923) ‑ $524,953 for disaster preparation, family counseling and specialized adult day care programs for clients and families affected by Alzheimer’s Disease;

 

D) Amendment No. 2, Boys & Girls Club of Palm Beach County (R2007-1926) - $117,462 for health and life skills; education and career development; the arts; technology; sports, fitness and recreation; and character and leadership development;

 

E) Amendment No. 4, Center for Family Services of Palm Beach County, Inc. (R2007-1928) - $357,782 for safe kids program, individual and family counseling and emergency assistance program;

 

F) Amendment No. 3, Children’s Case Management Organization, Inc. d/b/a Families First of Palm Beach County (R2007-1939) - $46,676 for The Family Self-Sufficiency Program which serves economically disadvantaged families who are presently receiving rental assistance through the Delray Beach Housing Authority;

 

G) Amendment No. 3, Coalition for Independent Living Options, Inc. (R2007-1931) ‑ $246,113 for independent living skills training, advocacy, information and referral, and peer support services to individuals with disabilities and to provide after‑school services to disabled adolescents;

 

H) Amendment No. 2, Comprehensive AIDS Program of Palm Beach County, Inc. (R2007-1933) - $157,031 for HIV antibody counseling and testing;

 

I) Amendment No. 2, Comprehensive Alcoholism Rehabilitation Programs, Inc. (R2007-1934) - $1,134,637 for residential adolescent, residential adult, outpatient treatment and adult detoxification;


NOVEMBER 3, 2009

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

            3.         MOTION/TITLE CONTINUED

 

J) Amendment No. 2, Drug Abuse Foundation of Palm Beach County, Inc. (R2007-1936) ‑ $757,932 for assessment, outpatient substance abuse, Level 1 residential treatment, detox and case management;

 

K) Amendment No. 2, Drug Abuse Treatment Association, Inc. (R2007-1937) ‑ $259,631 for residential treatment (Walter D. Kelly Treatment Center) and adolescent outpatient treatment services;

 

L) Amendment No. 2, Elizabeth H. Faulk Foundation, Inc./Center for Group Counseling (R2007-1929) ‑ $88,245 for schools preventive counseling and prevention and support group for caregivers;

 

M) Amendment No. 2, Epilepsy Foundation of South Florida (R2007-1938) ‑ $40,742 for the seizure control clinic;  

 

N) Amendment No. 3, Farmworker Coordinating Council of Palm Beach County (R2007-1940) ‑ $151,865 for emergency services and transportation/translation services;

 

O) Amendment No. 2, Florida Resource Center for Women & Children, Inc. (R2007-1942) ‑ $174,175 for short-term emergency shelter to women and children who are victims of domestic violence;  

 

P) Amendment No. 2, Gratitude House, Inc. (R2007-1945) ‑ $106,941 for substance abuse services, intervention program, residential treatment and transitional housing;

 

Q) Amendment No. 2, Gulfstream Goodwill Industries, Inc. (R2008-0031) - $45,220 for supportive assistance to homeless individuals in obtaining employment;

 

R) Amendment No. 2, Housing Partnership, Inc. (R2007-1948) ‑ $69,565 for supportive housing for individuals diagnosed with mental illness and substance abuse and for supportive services to family members;

 

S) Amendment No. 2, Minority Development & Empowerment, Inc. (R2007-1950) - $230,984 for case management and translation services to the Haitian community;

 

T) Amendment No. 2, Oakwood Center of the Palm Beaches, Inc. (R2007-1952) - $1,680,545 for adult/child crisis stabilization, the Pregnant and Addicted (PANDA) Program, residential detoxification services, adult/child medical out-patient services, and a prevention program aimed at school age kids;

 

U) Amendment No. 2, Palm Beach Habilitation Center, Inc. (R2007-1953) ‑ $250,794 for the Senior in Transition and Retirement Services (STARS) Program;

V) Amendment No. 2, Parent-Child Center, Inc. (R2007-1954) – $243,285 for children’s outpatient intervention and prevention services;

 

W) Amendment No. 2, Rehabilitation Center for Children & Adults, Inc. (R2007-1955) ‑ $78,561 for comprehensive outpatient and medical rehabilitation services;

 

X) Amendment No. 2, Sickle Cell Foundation of Palm Beach County, Inc. (R2007-1957) ‑ $65,124, for education and outreach to the Haitian population, screening and case management to affected clients;

 

Y) Amendment No. 2, South County Mental Health Center, Inc. (R2007-1958) ‑ $1,501,844 for behavioral health ‑ mental health (crisis stabilization) and psychiatric and medical services (outpatient);


NOVEMBER 3, 2009

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

3.         MOTION/TITLE CONTINUED

 

Z) Amendment No. 2, The ARC of Palm Beach County, Inc. (R2007-1959) - $240,951 for residential services for adults with disabilities;

 

AA) Amendment No. 3, The Lord’s Place, Inc. (R2007-1962) ‑ $324,025 for homeless services through Joshua House and family shelter programs;

 

BB) Amendment No. 2, The Young Women’s Christian Association of Palm Beach County, Florida (R2007-1965) ‑ $114,053 for Harmony House for homeless and domestic abuse services for women and children;

 

CC) Amendment No. 2, Urban Youth Impact, Inc. (R2007-1963) ‑ $129,793 for after school education/social programs for inner-city elementary and middle school students at risk for school dropout and delinquency; and

 

DD) Amendment No. 2, Wayside House, Inc. (R2007-1964) ‑ $141,154 for residential treatment for women’s substance abuse.

 

Summary:  On September 8, 2009, the Board of County Commissioners approved the list of agencies and funding allocations under the Financially Assisted Agency Program.  These amendments are the final renewal options, as agreed to under the contract terms, and the information submitted reflects part of the total $12,042,722 funding approved by the Board of County Commissioners for FY 2010. Other contracts will be forthcoming upon receipt of all the required information. (Financially Assisted Agency Program) Countywide (TKF)

 

 

 

F.         AIRPORTS

 

1.         Staff recommends motion to approve:  Air Cargo Building Lease and Operating Agreement (Agreement) with United Parcel Service Co. (UPS) 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 $105,000.  SUMMARY: The Agreement provides for the lease of approximately 6,000 square feet of interior cargo space to UPS for office administration, shipping, receiving and sorting of parcels, freight and cargo.  UPS has leased 6,000 square feet of space at the facility since 1996 pursuant to that certain Air Freight Building Lease, as amended (R96-2014D).  The existing lease will be terminated upon the commencement date of the new Agreement.  The Agreement updates several provisions of the current lease, including providing UPS with the preferential right to utilize one aircraft parking position, which will result in annual aircraft parking fees of $36,000 per year.  The term of the Agreement expires September 30, 2012 with two (2) – one (1) year renewals at UPS’ option.  In addition to fixed rental and fees, UPS will be obligated to pay aircraft landing fees and other variable fees based on its operations at PBIA. Countywide (HJF)

 

 


NOVEMBER 3, 2009

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

2.         Staff recommends motion to approve:  an Agreement with the Florida Department of Transportation, Florida’s Turnpike Enterprise (FTE) for the SunPass Plus Parking Program at Palm Beach International Airport (PBIA). SUMMARY: Staff is currently working to integrate SunPass with the PBIA parking system, with expected completion in early 2010.  The Agreement with FTE will allow customers with a SunPass Plus account to pay for PBIA parking electronically.  Using a SunPass transponder, both entry and exit gates open automatically, with the parking fee electronically paid via the customer’s SunPass Plus account, at no extra charge to the customer.  Customers can also park without using SunPass.  The Agreement states that FTE will collect all SunPass parking revenues at point of sale and will remit these revenues to the County weekly.  After the first two (2) years of operation, FTE will charge the County a fee of 13 cents per revenue transaction processed by SunPass, to be annually adjusted by the Consumer Price Index. Staff estimates that the FTE fee will annually total $50,000, assuming 35% of the customers opt to use SunPass at PBIA. The Agreement has a five (5) year term, with one (1) year automatic renewal terms, unless otherwise terminated.  The Department plans to market this service by using media outlets and flyer distribution to parking customers. Orlando and Tampa Airports both offer SunPass to parking customers. Countywide (AH)

 

           

3.         Staff recommends motion to:

 

A) Amendment No. 7 to the General Consulting Agreement with The LPA Group, Incorporated for consulting/professional services in the amount of $1,773,072.80 and to exercise the second one (1) year renewal option for the continued performance of professional planning and design services related to the approved Palm Beach County Airports Capital Improvement Program; and

 

B) a Budget Transfer of $1,251,277 in the Airports Improvement and Development fund from Reserves to provide budget to fund the consulting contract.

 

SUMMARY: The Consulting Agreement (R2006-2418) with The LPA Group, Incorporated for general airport planning and design was approved on November 21, 2006 in the amount of $1,420,544 in order to carry out the approved Capital Improvement Programs for the County’s Airports.  The agreement is for two (2) years with two (2) – one (1) year renewal options.  Amendments 1-6 were approved for a net increase in the amount of $5,902,072.50.  Amendment No. 4 approved by the BCC on October 21, 2008 (R2008-1847) exercised the first one (1) year renewal option.  Approval of Amendment No. 7 in the amount of $1,773,072.80 will provide funds to complete the following tasks and services:  Task I Services – Palm Beach International Airport (PBIA)–Runway 13-31 Runway Safety Area (RSA) Improvements; PBIA–Parking Garage Rehabilitation Construction Administration (CA) Services; PBIA–Main Terminal Ductwork Project; PBIA- Exit Taxiway D CA Services; PBIA-Apron A Additional Design and Construction Phase Services; PBIA–Runway 9L West Residential Properties Appraisal and Acquisition/Relocation Services; Palm Beach County Glades Airport (PHK) Terminal and Maintenance Hangar Construction Additional Services; North Palm Beach County General Aviation Airport (F45) Drainage Structures & Drainage Field Improvements; F45 Wildlife Hazard Mitigation; and Department of Airports Environmental Monitoring, Inspection, Training and Stormwater Pollution Prevention Plan (SWPPP) Update; Task III Services – Staff Extension and Miscellaneous Planning, Engineering and Construction Services.  This Amendment will also allow the County, at its sole discretion, to exercise the second one (1) year renewal option for the continuation of services provided under this Agreement.  Certain tasks performed during the term of this Amendment may be eligible for State and Federal grant participation. The Disadvantaged Business Enterprise (DBE) participation for this Amendment is 14.67%.  The total DBE contract goal including all amendments is 19.07%. Countywide (JCM)

 


NOVEMBER 3, 2009

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

4.         Staff recommends motion to receive and file:  three (3) original Agreements for the Department of Airports:

 

A) Agreement to Terminate Hangar Lease Agreement with Charles W. Schooley, III, Unit 9, Building 11210 at North County Airport, terminating R2004-0029 on September 30, 2009;

 

B) Executive Hangar Lease Agreement with Piedmont Hawthorne Aviation, LLC, d/b/a Landmark Aviation, Unit 1, Building 11250, at North County General Aviation Airport for one (1) year, automatically renewed at one (1) year intervals, commencing September 1, 2009; and

 

C) Agreement for Rental Car Lease and Concession at Palm Beach International Airport with Enterprise Leasing Company of Florida, LLC, for two (2) years commencing October 1, 2009, terminating September 30, 2011.

 

SUMMARY:  Delegation of authority for execution of the standard County agreements above was approved by the BCC in R2004-1367, R2009-0974 and R2009-1073.  Countywide (AH)

 

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to adopt: a Resolution renaming the construction fund for the $80,705,000 Public Improvement Revenue Bonds, Series 2001 (Convention Center Project) as the Convention Center Renewal/Replacement Fund; authorizing the use of the moneys therein for future capital expenditures relating to the Convention Center and rebate payments; approving the form and authorizing the execution of a certificate of the County in connection with the permitted uses of the moneys on deposit therein; and providing an effective date.  SUMMARY:  On March 17, 2009, the Board approved the recommendation by Facilities Development and Operation to use the remaining funds in the Series 2001 Bonds Convention Center Construction Fund for future capital expenditures in the Renewal/Replacement Fund for the Convention Center.  The County received a bond counsel opinion indicating that the renaming of the construction fund to the Renewal and Replacement Fund and the use the funds on hand and interest earnings for future capital expenditures and rebate payments for the Convention Center would be permitted. The County’s Certificate summarizes the terms and use of the funds in the Renewal/Replacement Fund. Countywide (PFK)

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve:  Amendment No. 3 to Contract with Sunco Construction Services, LLC (R2006-2426) to implement the third renewal of an annual residential contract. SUMMARY: Amendment No. 3 is a renewal to the Annual ContractBResidential which was awarded to Sunco Construction Services, LLC as one (1) of seven (7) approved contractors. The annual Residential Contract is an indefinite-quantity contract and this renewal has a maximum value of $499,999.99.  The renewal term is twelve months or until $499,999.99 in work orders are issued.  Staff is bringing forward the Amendment at this time based on expiration of the term.  All terms of the original Contract remain in effect. This is the third of four (4) extensions allowed by the Contract. The Small Business Enterprise (SBE) participation goals for the Residential contracts are 15%. Sunco=s participation for Work Orders issued to date is 100%. Sunco Construction Services, LLC is a certified SBE contractor.  This is a bond-waiver contract. The cumulative value of active work orders at any time will be limited to $200,000 per contractor. (FD&O Admin) Countywide  (JM)

 

 

NOVEMBER 3, 2009

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

2.         Staff recommends motion to approve: JOC Work Order No. 09-174 with Holt Contractors, Inc., (R2007-0947) in the amount of $215,001.59 to construct a new laundry facility at John Prince Park Campground in Lake Worth.  SUMMARY: The work consists of construction of a new 24'x30' concrete block laundry facility, including all utilities and site modifications. The Small Business Enterprise (SBE) goals are 15%. The SBE participation in this Work Order is 100%. When the participation for this Work Order is added to Holt’s total participation-to-date, the resulting values are 100%. The total construction duration is 90 days. This work will comply with all applicable local, state, and federal codes and regulations.  The bond funds are identified as $25M GO 05 and are specifically targeted for recreation and/or cultural capital projects. (FD&O Admin)  Countywide/District 3 (JM)

 

 

3.         Staff recommends motion to approve: JOC Work Order No. 09-175 with Holt Contractors, Inc., (R2007-0947) in the amount of $315,000.65 to provide renovations to the existing South Bay Depot building.  SUMMARY:  The work consists of interior renovations including installation of flooring throughout the facility, a new HVAC system, electrical system upgrade/improvements, plumbing upgrades/improvements, fire sprinkler upgrades/improvements; restroom renovations, interior painting, installation of kitchen cabinets and equipment, and installation of walls, new doors, and windows. The Small Business Enterprise (SBE) participation in this Work Order is 100%. When the participation for this Work Order is added to Holt=s total participation-to-date, the resulting values are 100%. The SBE goals are 15%. The total construction duration is 90 days. This work will comply with all applicable local, state, and federal codes and regulations. The bond funds are identified as $25M General Obligation ‘05 and are specifically targeted for recreation and/or cultural capital projects. (FD&O Admin) Countywide/District 6  (JM)

 

 

4.         Staff recommends motion to approve:  a Sovereignty Submerged Lands Lease Modification (No. 500012026) (R96-869D) with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) to reconfigure the existing 32 boat slip marina and reduce the lease term at Phil Foster Park.  SUMMARY:  The County leases 38,654 square feet (.89 acres) of sovereign submerged lands from TIITF for a 32-slip docking facility at Phil Foster Park.  This Lands Lease Modification allows for:  i) the reconfiguration of the existing docking structure by removing and installing a new gangway and floating dock in a new location; ii) two (2) of the 32 boat slips are to be used by a water taxi service and a commercial dive boat operation; and iii) reduces the term of the lease from ten (10) years to five (5) years.  The two (2) slips being used by the water taxi and dive boat decreases the percentage of slips available for public use below the 90% threshold established by the State.  State regulations provide for a five (5) year maximum term for leases with public use being less than 90%.  The reconfiguration of the boat slips will not change the leased area. This Lands Lease Modification requires a $555 processing fee.  The annual rent will remain the same at $5,777.  All lease fees, including any annual adjustments as may be required by State statutes, are budgeted by the Parks and Recreation Department under annual operating expenses for Phil Foster Park. (PREM) District 1 (HJF) 

 


NOVEMBER 3, 2009

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          HOUSING & COMMUNITY DEVELOPMENT

 

1.         Staff recommends motion to approve: Amendment No.  001 to the Agreement with Aid to Victims of Domestic Abuse, Inc. (AVDA) (R2008-1872) to increase the reimburse rate from $4.38 to $6.35. SUMMARY: The FY 2008-2009 Action Plan approved by the Board of County Commissioners on July 22, 2008, allocated $50,000 of Community Development Block Grant (CDBG) funds to AVDA for the provision of transitional housing and support services, including the STEPS program to persons who are victims of domestic abuse. The agency was reimbursed as follows: $4.38 per day for the provision of transitional shelter and support services to 25 individuals monthly, and $166.66 per person for the participation of 60 persons in the STEPS program. The proposed amendment will increase the rate for provision of transitional housing and support services from $4.38 per day to $6.35 per day and reduce the number of persons served from 25 individuals monthly to 18 individuals monthly. These are federal CDBG funds that require no local match.  Countywide (TKF)

 

 

2.         Staff recommends motion to approve: a Reimbursement to the City of Belle Glade in an amount up to $296,370.  SUMMARY: Approval of this agenda item will reimburse the City of Belle Glade for expenses already incurred in connection with drainage improvements on Southwest 5th, 7th, 8th, 10th, and 12th Streets, and on Southwest Avenues I and J, in the City of Belle Glade. The City of Belle Glade entered into a funding Agreement (R2006-0988) with Palm Beach County for this project on June 6, 2006.  The Agreement expired on September 30, 2009. The City could not be reimbursed in accord with the Agreement because the contractor was not able to complete the work by September 30, 2009, due to heavy rains.  The project has now been completed. The payment includes a reimbursement to the City for both construction costs and engineering consultant fees. These are Federal Community Development Block Grant funds that require no local match. District 6 (TKF)

 

 

3.         Staff recommends motion to approve: Agreements with the following 11 not-for-profit agencies totaling $241,182 for the FY 2009/2010 Emergency Shelter Grants Program (ESGP) in the amounts indicated below for the time period October 1, 2009, to September 30, 2010:

 

A)   Adopt-A-Family of the Palm Beaches, Inc. - $23,545

B)   Children’s Case Management Organization, Inc. - $21,405

C)   Children’s Home Society of Florida, Inc. - $21,404

D)   Children’s Place at Home Safe, Inc. - $21,404

E)   Center for Family Services, Inc. - $21,404

F)   Faith-Hope-Love-Charity, Inc. - $21,404

G)  Farmworker Coordinating Council - $25,000

H)   Florida Resource Center for Women and Children, Inc. - $21,404

 I)   The Lord’s Place, Inc. (Family Shelter) - $21,404

J)   The Lord’s Place Men’s Recovery Center - $21,404

K) Young Women’s Christian Association of Palm Beach County, Inc. - $21,404

 

SUMMARY: Palm Beach County will receive a total of $302,730 in ESGP funds for FY 2009-2010 to provide assistance countywide to the homeless and those at risk of becoming homeless. The agreements being presented for approval will distribute $241,182 in ESG funds between 11 agencies for the operation and maintenance of emergency shelters and transitional housing facilities and homeless prevention activities.  The remaining agreements for $46,412 will be presented to the Board of County Commissioners at a later date. Staff’s evaluation of each activity proposed to be funded under the ESGP Program ensures that the services to be provided are not duplicated by activities funded under the Community Development Block Grant Program’s public services. These Federal funds require a matching contribution which will be provided by the agencies. Countywide (TKF)

 

NOVEMBER 3, 2009

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          HOUSING & COMMUNITY DEVELOPMENT (Cont’d)

 

4.         Staff recommends motion to approve: an Amendment to the Program Guidelines for the Neighborhood Stabilization Program (NSP) funded First Mortgage Loan Program to allow for the provision of second mortgage subsidies to eligible low, moderate and middle income NSP homebuyers who have received a first mortgage approval and to permit the use of NSP funding for closing costs expenses for eligible low and moderate income homebuyers. SUMMARY: On November 18, 2008, the Board of County Commissioners (BCC) approved the application which was submitted to U.S. Department of Housing and Urban Development (HUD) for funding under the NSP.  This included the request for $12,845,811 to fund a Local Housing Trust Fund which would provide first and second mortgages to eligible homebuyers. On April 21, 2009, the BCC approved the Program Guidelines for the NSP funded First Mortgage Loan Program.  These proposed Amendments will permit prospective low, moderate and middle income NSP homebuyers who have received first mortgage approval from HCD under the NSP Program, to receive additional financial assistance in the form of second mortgage subsidies if necessary, and to permit NSP funding to be used for closing costs expenses for eligible low and moderate income NSP homebuyers.  The maximum amount of the second mortgage subsidies will be as follows:  low-income (0-50% AMI) up to $100,000, moderate income (51-80% AMI) up to $75,000 and middle income (81-120% AMI) up to $25,000. The specific amount awarded to each homebuyer will be determined by the applicant’s household income and purchase price of the foreclosed residential property.  The second mortgage subsidies will bear no interest and will be forgiven after 30 years if all affordability provisions are met. Otherwise, full repayment of the second mortgage subsidy is required.  In the event the NSP first mortgage is repaid before the end of the second mortgage subsidy affordability period ends, the second mortgage shall continue to encumber the NSP assisted property until the affordability period ends, or until the second mortgage subsidy is fully repaid.  This is critical since HUD has mandated that all NSP funding must be obligated on or before September 4, 2010. This Amendment will assist in meeting that deadline. Countywide (TKF)

 

 


NOVEMBER 3, 2009

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          HOUSING & COMMUNITY DEVELOPMENT (Cont’d)

 

5.         Staff recommends motion to approve: Eighteen (18) Agreements under the FY 2009-2010 Community Development Block Grant (CDBG) Program totaling $743,333 to seventeen (17) non-profit agencies and one (1) municipality, in the amounts indicated below, for the period October 1, 2009, to September 30, 2010:

 

A)        Adopt-A-Family of the Palm Beaches, Inc.                                 $30,400

B)        Children’s Home Society of Florida, Inc.                                     $76,380

C)        Children’s Case Management Organization                              $18,000

D)        Children’s Place at Home Safe, Inc.                                            $61,750

E)        Coalition for Independent Living Options, Inc.                           $25,500

F)        Community Caring Center of Boynton Beach, Inc.                  $13,500

      G)        Consumer Credit Counseling Services                                      $17,000

      H)        Faith-Hope-Love-Charity, Inc.                                                       $19,000

      I)          Florida Resource Center for Women and Children, Inc.          $42,750

      J)         Healthy Mothers/ Healthy Babies, Inc.                                         $50,176

      K)        Juvenile Transition Center, Inc.                                                    $21,250

      L)        Legal Aid Society of Palm Beach County, Inc.                       $112,320

      M)        Seagull Industries for the Disabled                                             $45,000

      N)        Sickle Cell Foundation, Inc.                                                          $26,400

      O)        The ARC of Palm Beach County, Inc.                                         $67,500

      P)        The Lord’s Place, Inc. (Café Joshua)                                           $18,000

      Q)        West Jupiter Community Group, Inc.                                           $40,500

      R)        City of South Bay                                                                             $57,907

 

SUMMARY: The FY 2009-2010 Action Plan approved by the Board of County Commissioners on July 21, 2009 allocated $743,333 of CDBG funds for the provision of public services, fair housing activities and housing activity delivery costs.  These Agreements will allocate the approved funding as follows: $573,106 to sixteen (16) sub-recipients for the provision of public services; $112,320 to one (1) sub-recipient for the provision of fair housing services; and $57,907 to one (1) municipality for delivery costs associated with implementation of CDBG funded housing and community development activities. Staff reviews each agency program budget to ensure that there is no duplication in reimbursement of expenses from other County programs.  These are Federal funds that require no local match. Countywide (TKF)

 


NOVEMBER 3, 2009

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          HOUSING & COMMUNITY DEVELOPMENT (Cont’d)

 

6.         Staff recommends motion to approve: 

 

A) the Twenty-Fifth Amendment to the FY 2007/2008 Action Plan to provide funding recommendations under the Neighborhood Stabilization Program (NSP) Residential Redevelopment Program; and

                       

B) the Residential Redevelopment Program Rehabilitation Policies.

 

SUMMARY: On April 26 and 29, 2009, the County published a Notice of Funding Availability (NOFA) to advise non-profit agencies, municipalities and other public agencies of the availability of $5,000,000 under the Residential Redevelopment Program to purchase and rehabilitate (if necessary) vacant, abandoned and foreclosed residential properties, which would then be resold or leased at affordable prices/rents to eligible homebuyers or renters for use as their primary residence. In response to this NOFA, Housing & Community Development received 12 applications. Eight (8) applications are being recommended for funding as follows: West Palm Beach Spanish Seventh-Day Adventist Church-$272,600 (District 2); Community Land Trust of Palm Beach County-$800,000 (Districts 6 and 7); Neighborhood Renaissance-$500,000 (Districts 2 and 6); Housing Partnership-$850,000 (District 1); City of Riviera Beach-$577,400 (District 7); Palm Beach County Housing Authority-$750,000 (District 5); Village of Wellington-$750,000 (District 6);  and Riviera Beach Housing Authority-$500,000 (District 7). It is anticipated that approximately 47 housing units (22 homeownership units and 25 rental units) will be acquired and rehabilitated (if necessary) by the program participants.  Under the program, the County will require that revenues derived from the sale or rental of the housing units, be returned to the County or be used to purchase additional housing units under the program.  The rehabilitation policies adopted by the Board of County Commissioners on April 21, 2009 (R2009-0697) for the NSP funded First Mortgage Loan Program is now being proposed to be used for the Residential Redevelopment Program.  These are Federal funds which require no local match. Countywide (TKF)

 

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to approve:  Reclaimed Water Agreement (09-90009-000) with The Pious Society of the Missionaries of St. Charles Boromero, Inc. (The Society).  SUMMARY: Reclaimed water agreements are required for those property owners seeking to obtain reclaimed water service from the County in order to comply with the requirements of the Florida Department of Environmental Protection, and the Palm Beach County Reclaimed Water Ordinance (2006-015).  While the Department normally utilizes standard Agreements that are executed at the Department level, non-standard Agreements are sometimes required to handle special circumstances such as this where subject property is located in the “Mandatory Reclaimed Water Service Area” but reclaimed water is not presently available.  Within 90 days of notification that reclaimed water is available, The Society will use the reclaimed water for landscape irrigation.  Until that time, The Society will obtain necessary approvals to use non-reclaimed water for irrigation. District 5  (MJ)


NOVEMBER 3, 2009

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT

                       

1.         Staff recommends motion to approve: the Reading into the records for compliance with Florida Statutes 287.055 (Public Announcement in a uniform and consistent manner) the Notice of Professional Services Required (Notice) for coastal and marine engineering consultant services for various projects on an annual basis, and to authorize the advertisement for professional services.  SUMMARY:  The consultants will provide professional coastal and marine engineering services on a task order basis for various projects within the Department of Environmental Resources Management and other departments. The Board’s approval of the Notice will start this process, which will result in the County entering into annual contracts with up to four (4) consultants to provide these services. Countywide (JM)

 

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to approve: Agreement with the South Florida Science Museum, Inc. for the period November 3, 2009, through November 30, 2009, in an amount not-to-exceed $1,000 for student field trips to experience the Science Tunnel Exhibition of the Max Planck Society. Summary: This funding is to offset the cost of student field trips sponsored by the Science Museum for its Max Planck Society exhibition. The Agreement allows for the reimbursement of eligible project costs incurred subsequent to January 6, 2009.  Funding is from the Recreation Assistance Program (RAP) District 3 Funds. District 2 (AH)

 

 

2.         Staff recommends motion to receive and file: fully executed original Agreement for

Recreation Assistance Program (RAP) funding as follows: Agreement with Inner City Youth Golfers’ Incorporated for the period September 17, 2009, through December 30, 2010, in an amount not-to-exceed $2,500 for Youth Golf Program expenses. Summary: Delegation of authority for execution of this standard Recreation Assistance Program (RAP) Agreement was approved by the Board on August 18, 2009 (6A-5).  Funding is from RAP District 7 Funds. District 7 (AH)

 

 

3.         Staff recommends motion to receive and file:  executed Independent Contractor Agreements received during the month of September:

 

A)  Barbara Jones, Water Fitness Instructor, Lake Lytal Aquatic Center; and

 

B)  Steve Vancoppenolle, Water Exercise Instructor, North County Aquatic Complex.

 

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 by the County Administrator/Director/Assistant Director of the Parks and Recreation Department in accordance with Resolution 94-422, amended by Resolutions 02-2103 and 07-0409, and are now being submitted to the Board to receive and file.  Districts 1 & 2 (AH)

 

 


NOVEMBER 3, 2009

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION (Cont’d)

4.         Staff recommends motion to approve:  

A) a non-standard Amphitheater Rental Agreement with promoter AEG Live SE, LLC for the presentation of a George Thorogood and the Delaware Destroyers concert on November 13, 2009; and

B) a non-standard Amphitheater Rental Agreement with promoter AEG Live SE, LLC for the presentation of a Zac Brown Band concert on November 14, 2009, at Sunset Cove Amphitheater. 

 

SUMMARY: The Parks and Recreation Department (Department) utilizes a standard Amphitheater Rental Agreement which is executed at the Department level.  However, nonstandard Amphitheater Rental Agreements are sometimes required to satisfy the complexity of specific entertainment terms of a given promoter.  Promoter, AEG Live, has requested modifications to the approved standard agreement language. The standard Agreement releases AEG Live from Liability to the extent such damage or injury is caused solely by the County’s willful misconduct or negligence. These non-standard Agreements, specifically Section 4. Letter D., Section 6. Letter G., Section 10, and Section 11, release AEG Live to the extent damages and personal injury are caused by the County’s willful misconduct or negligence. Countywide (AH)

 

 

N.        LIBRARY

 

1.         Staff recommends motion to receive and file: a Cooperative Agreement with Literacy*AmeriCorps through the Literacy Coalition of Palm Beach County.  Summary:  On May 19, 2009, the Board approved a site application (R2009-0878) for the County Library’s participation in the Literacy*AmeriCorps PBC Program for the period of August 24, 2009, through August 23, 2010, and authorized the Chairperson to execute the agreement. This Agreement will provide the County Library with one (1) full-time Literacy*AmeriCorps member.  This member will offer conversational English programs and oversee the literacy learning computer lab.  The Library will pay a service fee of $4,950 to the PBC Literacy Coalition and business-related mileage to the member up to $2,350. AmeriCorps, with supplemental funds from the Coalition, will cover all other expenses including Workers= Compensation, liability, and health care coverage.  Funds will be provided through the Library=s FY 2009 and FY 2010 operating budgets and will have minimal fiscal impact. Countywide (TKF)

 

 

R.        HUMAN RESOURCES

 

1.         Staff recommends motion to approve: the Labor-Management Agreement with the Communication Workers of America, Local 3181, effective October 1, 2009, through September 30, 2012. SUMMARY: Pursuant to collective bargaining negotiations, the negotiating committees for Palm Beach County and the Communication Workers of America, Local 3181, have reached a tentative agreement on negotiated issues.  The proposed three (3) year contract incorporating all agreed-upon terms is presented for consideration and ratification. Countywide (EC)

 

 


NOVEMBER 3, 2009

 

 

3.         CONSENT AGENDA APPROVAL

 

 

W.       PUBLIC AFFAIRS

 

1.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County supporting H.R. 3745, the Community Access Preservation (CAP) Act, which addresses critical and immediate threats to local public, educational and government (PEG) access channels, and directing staff to forward this Resolution to appropriate members of Congress and to other appropriate organizations. SUMMARY: At the request of Commissioner Burt Aaronson, staff was directed to draft this resolution, which sets forth the County’s support for the CAP Act, which is currently pending before Congress. This bill seeks to stop discriminatory treatment of PEG channels by cable operators and other video service providers; preserve PEG support and funding mechanisms; and revises the Federal definition of what constitutes a “cable system,” in order to ensure a level playing field for all providers. Countywide (MJ)

 

 

X.        PUBLIC SAFETY

 

1.         Staff recommends motion to: 

 

A) approve the following contracts with agencies to provide drug treatment and testing services to individuals referred by the Juvenile Delinquency Drug Court, in a cumulative amount not to exceed $76,773 for the period October 1, 2009, to September 30, 2010:

 

1) Drug Testing and Counseling Services in the amount of $20,193;

 

2) The Drug Abuse Treatment Association, Inc. (DATA) in the amount of $56,580

 

B) authorize the County Administrator or his designee to execute amendments to these contracts on behalf of the Board of County Commissioners to adjust the not-to-exceed amounts as long as the cumulative total does not exceed $76,773; and

 

C) authorize the use of $2,500 for incentives to reward drug court participants for positive behavior as approved by the Criminal Justice Commission Executive Committee on July 13, 2009.

 

SUMMARY:  the Criminal Justice Commission (CJC) approved the use of $76,773 in Drug Abuse Trust Fund (DATF) monies to contract for outpatient substance abuse treatment and testing services and $2,500 for rewards such as gift cards and gift certificates for positive behavior for juveniles who are court ordered to treatment through the Delinquency Drug Court Program located in Palm Beach County.  There is no ad valorem funding required. Countywide (GB)

 

 


NOVEMBER 3, 2009

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY (Cont’d)

 

2.         Staff recommends motion to:

 

A) receive and file an executed Interlocal Agreement with the City of Miramar to receive $105,000 in Urban Area Security Initiative (UASI) grant funding through May 31, 2011 to enhance the County’s Citizen Corps Program; and

 

B) approve a Budget Amendment of $105,000 in the Emergency Management Grant Fund to establish grant budget.

 

SUMMARY: The County was awarded $105,000 from the U.S. Department of Homeland Security 2008 Grant through the City of Miramar as the Fort Lauderdale UASI’s fiscal agent. This grant will be used to address the ongoing needs of the County’s Citizen Corps such as training, supplies and equipment.  Citizen Corps is grassroots strategy acknowledged by the Federal Emergency Management Agency (FEMA) to bring together government and community leaders to involve citizens in all-hazards emergency preparedness and resilience. Resolution R2006-2669 authorizes the County Administrator or his designee to execute standard UASI agreements with various governmental and private agencies on behalf of the Board of County Commissioners. No County match is required. Countywide (GB)

 

 

BB.     FIFTEENTH JUDICIAL CIRCUIT

 

1.         Staff recommends motion to approve: the transfer of the following assets to the Palm Beach County Sheriff’s Office – Asset Nos. , 10142112, 10142113, 10150425, 10150426, 10152966, F0688600.  Assets consist of pistol lockers, ballistic shield intruders, oxygen tanks and defibrillators. SUMMARY: Court Administration no longer has jurisdiction over these items.  All items of the items referred to come under the command of the Palm Beach County Sheriff’s Office. The Sheriff’s Office is responsible for the care and usage of these items. Countywide (TKF)

 

 

            CC.     SHERIFF

 

1.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office a Florida Department of Transportation Highway Safety Grant for the Palm Beach County DUI Initiative - Year 2, in the amount of $133,228 for the period of October 1, 2009, through September 30, 2010; and

 

B) approve a Budget Amendment of $133,228 increasing the Sheriff’s Grant Fund.

 

SUMMARY: On September 29, 2009, the Florida Department of Transportation awarded a Highway Safety grant to the Palm Beach County Sheriff’s Office in the amount of $133,228.  These funds will be used to pay the partial salary and benefits of two (2) full-time law enforcement officers assigned to the DUI Unit to enforce DUI driving laws. The required match in the amount of $44,410 is being provided by the Palm Beach County Sheriff’s Office and is included in the Sheriff’s approved FY 2010 budget. No additional positions are needed and no additional County funds are required. Countywide (DW)

 

 


NOVEMBER 3, 2009

 

 

3.         CONSENT AGENDA APPROVAL

 

 

CC.     SHERIFF (Cont’d)

 

2.         Staff recommends motion to:

 

A) accept a Bureau of Justice Assistance Bulletproof Vest Partnership Grant in the amount of $30,432 for the period of October 1, 2009, through September 30, 2010 for the purchase of Bulletproof Vests; and

 

B) Approve a Budget Amendment of $30,432 in the Sheriff’s Grants Fund.

 

SUMMARY: The Bureau of Justice Assistance (BJA) has made available funds for the purchase of Bulletproof Vests for law enforcement personnel. The Palm Beach County Sheriff’s Office was awarded the amount of $30,432 for the purchase of approximately 43 National Institute of Justice approved vests.  The vests will be purchased between October 1, 2009, and September 30, 2010. The required match in the amount of $30,432 is being provided by the Palm Beach County Sheriff’s Office and is included in the Sheriff’s approved FY 2010 budget. No additional positions are needed and no additional County funds are required. Countywide (DW)

 

 

3.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office a Department of Justice Office of Justice Programs Smart Policing Demonstration Initiative grant award in the amount of $500,000 for the period of October 1, 2009, through September 30, 2011; and

 

B) approve a Budget Amendment of $500,000 increasing the Sheriff’s Grant Fund.

 

SUMMARY: On September 16, 2009, the Palm Beach County Sheriff’s Office (PBSO) received an award to implement the Palm Beach County Sheriff’s Office Data-Driven Problem-Oriented Policing Strategy. The purpose of the strategy is to reduce the number of robberies and opportunistic crimes occurring within the city and unincorporated area of Lake Worth.  Funding provided will be used to hire a full-time Investigator/Lead Detective, a Community Liaison, and to pay overtime associated with the strategy.  There is no match requirement associated with this award. Two (2) new PBSO positions are created with this action. No additional County funds are required until grant funding expires in FY 2011. Countywide (DW)

 

 

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


NOVEMBER 3, 2009

 

 

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

 

 

            A.        Resolution of the Board of County Commissioners of Palm Beach County supporting the establishment of the YouthBuild USA Program at the Riviera Beach Maritime Academy.  (Sponsored by Commissioner Marcus)

 

 

            B.        Proclamation declaring November 15 – 21, 2009 as “Hunger and Homelessness Awareness Week” in Palm Beach County.  (Sponsored by Commissioner Koons)

 

 

            C.        Proclamation declaring November 2009 as “Communities in Schools Awareness Month” in Palm Beach County.  (Sponsored by Commissioner Vana)

 

 

            D.        Proclamation declaring November 2009 as “Alzheimer’s Awareness Month” in Palm Beach County.  (Sponsored by Commissioner Abrams)

 

 

E.        Proclamation declaring November 2009 as “Pancreatic Cancer Awareness Month” in Palm Beach County.  (Sponsored by Commissioner Aaronson)

 

 

            F.         Proclamation declaring November 8, 2009 as “One Church One Child Adoption Sunday” in Palm Beach County.  (Sponsored by Commissioner Taylor)

 

 

            G.        Proclamation declaring November 14, 2009 as “Hispanic Poet’s Day” in Palm Beach County.  (Sponsored by Commissioner Koons)

 

 

H.        Proclamation declaring November 2009 as “Joey Bergsma Retinoblastoma Awareness Month” in Palm Beach County.  (Sponsored by Commissioner Vana)

 

           

 

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


NOVEMBER 3, 2009

 

 

5.         REGULAR AGENDA

 

 

A.        ADMINISTRATION

 

                        1.         Report by the Federal Bureau of Land Management on the Draft Management Plan for the Jupiter Inlet Lighthouse Outstanding Natural Area.

 

           

2.         Staff recommends motion to approve: the following consulting/professional services contract/amendments for State Lobbying on behalf of Palm Beach County to extend the term for 11 months to September 30, 2010 as follows:

 

A) Fourth Amendment to the contract with Akerman Senterfitt (R2005-2299) in the amount of $27,500;

 

B) Fourth Amendment to the contract with Pittman Law Group (R2005-2301) in the amount of $35,000;

 

C) Fourth Amendment to the contract with Ericks Consultants (R2005-2302) in the amount of $27,500;

 

D) Fourth Amendment to the contract with Corcoran and Associates (R2005-2303) in the amount of $35,000;

 

E) Fourth Amendment to the contract with The Moya Group (R2005-2304) in the amount of $35,000;

 

F) Contract with Wren Group, Inc. in the amount of $35,000; and

 

G) Third Amendment to the contract with Foley and Lardner, LLP (R2006-2141) in the amount of $35,000.

 

SUMMARY: The original term of the contracts with Akerman Senterfitt, Pittman Law Group, Ericks Consultants, Corcoran and Associates, and the Moya Group for State Lobbying was for November 1, 2005, through October 31, 2006 with additional amendments extending the term through October 31, 2009. It is the Third Amendment with Foley and Lardner, LLP, and the first Contract with the Wren Group. For the past three (3) years, the Wren Group has been a subcontract to a previous legislative consultant. Countywide (DW)

 

 

3.         Staff recommends motion to approve: Amendment No. 7 to Contract with U.S. Strategies Corp. (R2002-1806) for Federal Lobbying on behalf of Palm Beach County for the period of November 1, 2009, through September 30, 2010, in the amount of $96,000. SUMMARY: On October 22, 2002, the Board approved a one (1) year consulting/professional services contract with U.S. Strategies Corp. for the period of November 1, 2002, through October 31, 2003 in the amount of $110,250.  The previous four (4) amendments provided for an additional one (1) year periods and increased the contract by 5% annually.  Amendments No. 5 & 6 each provided for an additional one (1) year period with a reduction in the contract amount of $5,000 in 2007 and $28,000 in 2008. Amendment No. 7 extends the contract (November 1, 2009-September 30, 2010) for a total annual contract amount of $96,000, which is an additional $5,000 reduction from the current annual contract. Countywide (DW)

 

 


NOVEMBER 3, 2009

 

 

5.         REGULAR AGENDA

 

 

A.        ADMINISTRATION (Cont’d)

 

                                    TIME CERTAIN 11:00 A.M.

4.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County recognizing the need for Affordable Housing and the importance of financially supporting the preservation, redevelopment and creation of affordable housing. SUMMARY: On August 18, 2009, the Board of County Commissioners (BCC) directed staff to bring back a resolution to support the preservation, redevelopment and creation of affordable housing. The Board discussed allocating road impact fee interest of $1,037,000 in Zone 1 to support road impact fee assistance for eligible affordable housing development within that zone. This interest will be accumulated through FY 2010 and available for allocation in FY 2011.  During the FY 2011 budget process, the BCC will provide direction regarding the percentage of interest earned on the various impact fee accounts that maybe allocated for impact fee assistance within the appropriate zones for eligible affordable housing development. Upon approval of this resolution and direction regarding percentage of interest to be allocated for affordable housing, staff will develop the appropriate policies and procedures to govern this new program. Countywide (LB)

 

 

            B.        ENGINEERING & PUBLIC WORKS      

 

1.         Staff recommends motion to approve on preliminary reading and advertise for Public Hearing on Tuesday, November 17, 2009 at 9:30 a.m.: an Ordinance amending Ordinance No. 85-40, as amended, establishing an amended Five Year Road Program; providing for title; purpose; adoption of revised Five Year Road Program and revised list of projects contained in Exhibit “A”; implementation of the Program; modification of the Program; funding of other roadway improvements, interpretation of exhibit; repeal of laws in conflict; severability; inclusion in the Code of Laws and Ordinances; and effective date.  SUMMARY:  This is the annual update of the Palm Beach County Five Year Road Program which is required to be considered each year by the Five Year Road Program Ordinance.  Exhibit “A” to the Ordinance is a list of proposed projects for the next five (5) years and contains certain changes and modifications. This list is submitted for the Palm Beach County Board of County Commissioners’ consideration on preliminary reading today with the final list to be approved with the Ordinance at public hearing on Tuesday, November 17, 2009. Countywide (MRE)

 

 

C.        PLANNING, ZONING & BUILDING

 

1.         Staff recommends motion to approve: an Interlocal Agreement with the Village of Palm Springs providing for the annexation of two (2) enclaves generally located on the north and south sides of Dale Road, west of Kirk Road, and the transfer of the responsibility for operation and maintenance of the right-of-way segment of Dale Road from Donald Road east to Kirk Road from the County to the Village.  SUMMARY:  The Board of County Commissioners has directed staff to work with municipalities to strategically address annexations.  Chapter 171, F.S., allows annexation of enclaves less than ten (10) acres through an Interlocal Agreement between the annexing municipality and the County.  By Resolution No. 2009-58, the Village of Palm Springs has petitioned the County to enter into such an agreement for the annexation of two (2) enclaves identified within the interlocal as Exhibit “A”, which has been amended by Resolution No. 2009-76 due to an update to the map. The enclaves resulted from a voluntary annexation adopted concurrently with this Interlocal Agreement. The enclaves are less than ten (10) acres in size.  The proposed annexation meets the requirements of Chapter 171, F.S., and is consistent with the Intergovernmental Coordination Element of the County’s Comprehensive Plan. District 3  (RB)

 

 

 


NOVEMBER 3, 2009

 

 

5.         REGULAR AGENDA

 

 

D.        WATER UTILITIES

 

1.         Staff recommends motion to approve  on preliminary reading and advertise for public hearing on November 17, 2009 at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, creating the “Palm Beach County Water Utilities Tampering Ordinance”; providing for a title; providing for authority; providing for definitions; providing for applicability; providing for violations; providing for penalties for service account holders; providing for penalties for non-service account holders; providing for rental property; providing for the delegation of designation of Water Utilities Department employees as Code Enforcement Officers; providing for inclusion in the Code Enforcement Citation Ordinance of Palm Beach County, Florida; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Code of Laws and Ordinances; providing for enforcement; providing for penalties; providing for captions; and providing for an effective date.  SUMMARY:  This Ordinance would allow the Water Utilities Department (Department) to assess fines for tampering with or making unauthorized connections to the Department’s utility system.  Tampering and unauthorized connections are threats to the public health, safety, and welfare because such actions may allow for infiltration of contaminating materials into the water system. Tampering and unauthorized connections are also financially detrimental to the Department and its customers because services are obtained without payment to the Department.  The Ordinance would allow Water Utilities Department employees to issue citations as Code Enforcement Officers.  The proposed fines would be $125 for tampering with the Department’s utility system, $400 for the introduction of any materials into the Department’s utility system, and $250 for unauthorized connections to the Department’s utility system. Countywide (MJ)  

 

 

2.         Staff recommends motion to approve  on preliminary reading and advertise for Public Hearing on November 17, 2009 at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Ordinance No. 07-003, as amended by Ordinance 09-004, providing a revised schedule of rates and Equivalent Residential Irrigation Connection (ERIC) values for reclaimed water services; providing for repeal of laws in conflict; providing for severability; providing for captions, and providing for an effective date. SUMMARY:  On March 17, 2009, the Board of County Commissioners (Board) approved an ordinance (Ordinance No. 2009-004) which revised potable water, wastewater, and reclaimed water rates and charges effective May 1, 2009, including a new rate structure for reclaimed water service.  Previously, reclaimed water customers paid no connection fees.  Under the revised rates, new reclaimed water customers are required to pay connection fees, but pay lower monthly base facility fees than the existing customer who has not paid connection fees. Base facility fees are established by meter size and have historically been based on 750 gallons of usage per day for each ERIC. The increased emphasis on monthly base facility charges and water restrictions imposed by the South Florida Water Management District have caused significant changes in reclaimed water usage patterns.  It has also resulted in much larger than expected increases in reclaimed water charges to large reclaimed water users.  The Water Utilities Department (Department) has asked its rate consultants to review the rates and usage patterns, and the consultants’ recommendation is to reduce the non-residential monthly base facility fees for reclaimed water by approximately 29% due to a revision in the ERIC value from 750 gallons per day to 1,050 gallons per day. The Department is recommending that the rates be revised and that the revised ERIC values and associated rates be retroactive to May 1, 2009, based on the updated information.  The commodity rate will remain the same at $0.21 per 1,000 gallons. Countywide (MJ) 

 


NOVEMBER 3, 2009

 

 

5.         REGULAR AGENDA

 

 

E.        HOUSING & COMMUNITY DEVELOPMENT

 

1.         Staff recommends motion to approve: Short Sale Policy Guidelines for the State Housing Initiatives Partnership (SHIP) and the federal HOME first-time home buyer assistance programs.  SUMMARY: The SHIP and the federal HOME first-time home buyer assistance programs provide second mortgage subsidy assistance to eligible households who are first-time homebuyers. The SHIP program provides up to $150,000 in second mortgage subsidy assistance, while the HOME program provides up to $85,000.  All assisted SHIP and HOME properties are encumbered with a 30 year lien which requires full repayment of the second mortgage subsidy if the assisted property is sold, transferred, or abandoned prior to the expiration of the County’s 30 year lien. Recently an increasing number of SHIP and HOME assisted home owners are seeking to sell their properties through a “Short Sale” process.  These homeowners are in dire financial straits and are seriously at risk of losing their homes to foreclosure. Staff is recommending these Short Sale Policy Guidelines which require the first mortgage lender to forgive, at least, the same percentage the County’s forgiveness of the second mortgage subsidy. Alternatively, the County’s encumbrance can be carried to a subsequent property or subsequent eligible purchaser. Countywide (TKF)

 

 

 

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


NOVEMBER 3, 2009

 

 

6.         BOARD APPOINTMENTS

 

 

            A.        COMMUNITY SERVICES

                        (Head Start/Early Head Start Policy Council)

 

1.         Staff recommends motion to approve: appointment of the following Parent Representatives to the Head Start/Early Head Start Policy Council for a term of three (3) years or less, as indicated on the Board Appointment Information Forms, effective November 3, 2009:

 

PARENT REPRESENTATIVE AND ALTERNATE(S) BY CENTER

(R) = Representative                                                (A) = Alternate

 

Seat ID #                 Boynton Beach                                                        Seat ID #                 Jupiter    

10                            Elizabeth Morton     (R)                                             11                            Gertha Fleurimont-Saint Louis (R)

Tiffany Morton         (A)                                                                             Veronica Samoyoa (A)

                                                                                                                                               

Seat ID #                 South Bay-HS                                                          Seat ID #                 Palm Glades          

12                            Tangela Washington  (R)                                         13                            Robert Finney III    (R)

                                Salicia Jackson (A)                                                                                   Brandy Smith        (A)

                                                                                                                                               

Seat ID #                 Delray  Beach HS                                                    Seat ID #                 Pahokee 

14                            Deborah Wilson   (R)                                                15                            Debra Jones    (R)

                                Darline Garcon    (A)                                                                 Kenzea Osborne (A)

                                                                                                                                               

Seat ID #                 Westgate                                                                 Seat ID #                 Lake Worth            

16                            Ellen O. Hollingworth (R)                                           17                            Erica Colosimo  (R)

                                Joann Becerra           (A)                                                                          Melanie Ventura (A)

 

Seat ID #                 Riviera Beach                                                         Seat ID #                 West Palm Beach  

18                            Lemita Lubin      (R)                                                  19                            Ivory Sherrod  (R)

                                Babara Thomas (A)                                                                                  Amy McDonald (A)

 

Seat ID #                 Union Baptist                                                          Seat ID #                 Delray Beach EHS

20                            Rosenie Daniels    (R)                                               21                            Theoluna Talegrand (R)

                                Bulaine Dominique (A)                                                                              Lydia Taylor              (A)

 

Seat ID #                 Easter Seals                                                           Seat ID #                 Family Child Care Home

22                            Site closed                                                               23                            Nancy Lopez     (R

 

Seat ID #                 Home Base, EHS                                                    Seat ID #                 Apostolic CAGE   

24                            Sakina Bivins    (R)                                                  25                            Closed

                                Diana Elias       (A)                                                                                  

 

Seat ID #                 Apostolic CDC, Inc.                                 Seat ID #                 A Step Above         

26                            Vacant  (R)                                                               27                            Madacee Marques     (R)

                                                                                                                                                Nanne Lucee              (A)

 

Seat ID #                 Emmanuel                                                               Seat ID #                 King’s Kids           

28                            Mikeria Cromer         (R)                                            29                            Anthony Spence (R)

                                Lakeysha Coleman   (A)                                                                           Michael Hill         (A)

 

Seat ID #                 My First Steps                                                         Seat ID #                 San Castle            

30                            Vacant  (R)                                                               31                            Byron Brown Jr.     (R)

                                Vacant  (A)                                                                                               Christine Augustin  (A)

 

Seat ID #                 South Bay, EHS                                      

32                            Vacant (R)                                                               

                                Vacant (A)

 

Summary: The term of appointment for parent representatives and alternates to the Head Start/Early Head Start (HS/EHS) Policy Council is no more than three (3) years, and requires that the parent representative/alternate be a parent of a child enrolled in the HS/EHS program.  The Council is comprised of 33 members, of which nine (9) must be representatives of the community.  The remaining membership is comprised of parents whose children are actively enrolled in the HS/EHS program.  The HS/EHS Policy Council has recommended these individuals for appointment. (Head Start)  Countywide  (TKF)

 

 

B.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

 

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


NOVEMBER 3, 2009

 

 

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

 

           

 

 

 

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

 


NOVEMBER 3, 2009

 

 

8.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

 

 

 

 

 

B.        COUNTY ATTORNEY

 

 

 


NOVEMBER 3, 2009

 

 

9.         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 STEVEN L. ABRAMS

 

 

 

 

 

 

 

E.        District 5 - COMMISSIONER BURT AARONSON, VICE CHAIRMAN

 

 

 

 

 

 

F.         District 6 - COMMISSIONER JESS R. SANTAMARIA

 

 

 

 

 

 

G.        District 7 - COMMISSIONER PRISCILLA A. TAYLOR

 

 

 

 

 

 

10.       ADJOURNMENT

 

"If a person decides to appeal any decision made by this Commission with respect to any matter considered at this meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based."


November 3, 2009 – 9:30 a.m.

FINAL

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

NOVEMBER 3, 2009

PAGE             ITEM

 

17                    3I-1                 REVISED SUMMARY:  The FY 2008-2009 Action Plan approved by the Board of County Commissioners (R2008-1347) on July 22, 2008, allocated $50,000 of Community Development Block Grant (CDBG) funds to Aid to Victims of Domestic Abuse, Inc. (AVDA) for the provision of transitional housing and support services including the STEPS program to persons who are victims of domestic abuse. The  agency is currently was reimbursed as follows:  $4.38 per bed-night day for the provision of transitional housing  shelter and support to 25 individuals monthly, and $166.66 per person for the participation of 60 persons in their Support, Training and Education for Personal Success (STEPS) program. The proposed Amendment will retroactively increase the reimbursement rate for provision of transitional housing  shelter and support services from $4.38 per bed-night day to $6.35 per bed-night per day and will reduce the number of persons served from 25 to 18 individuals monthly.  This rate increase is necessitated by the agency’s difficulty in expending its entire CDBG award due to client participation being lower than anticipated.  This was caused by AVDA’s emergency shelter, where the bulk of its transitional housing clients originate from, undergoing a major renovation. With the proposed reimbursement rate increase, it is expected the agency will have expended its entire award during the term of the Agreement.  These are Federal CDBG funds that require no local match. Countywide (TKF) (HCD)

 

28                    5A-4                DELETED: Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County recognizing the need for Affordable Housing and the importance of financially supporting the preservation, redevelopment and creation of affordable housing. (Admin) (Moved to November 17, 2009 Meeting)

 

29                    5D-1               DELETED:  Staff recommends motion to approve  on preliminary reading and advertise for public hearing on November 17, 2009 at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, creating the “Palm Beach County Water Utilities Tampering Ordinance”; providing for a title; providing for authority; providing for definitions; providing for applicability; providing for violations; providing for penalties for service account holders; providing for penalties for non-service account holders; providing for rental property; providing for the delegation of designation of Water Utilities Department employees as Code Enforcement Officers; providing for inclusion in the Code Enforcement Citation Ordinance of Palm Beach County, Florida; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Code of Laws and Ordinances; providing for enforcement; providing for penalties; providing for captions; and providing for an effective date.  (WUD) (Further staff review)

 

30                    5E-1                DELETED: Staff recommends motion to approve: Short Sale Policy Guidelines for the State Housing Initiatives Partnership (SHIP) and the federal HOME first-time home buyer assistance programs. (HCD) (Further staff review)

 


30                    5F-1                ADD-ON: Staff recommends motion to:

 

A) approve the Federal FY 2010 Certifications and Assurances to be used in connection with all Federal assistance programs the Federal Transit Administration (FTA) administers during Federal Fiscal Year 2010; and

 

B) authorize Palm Tran’s Executive Director and Assistant Executive Director, through the County Administrator, to execute and file the required certifications and assurances, on behalf of the Board of County Commissioners, and to transmit electronically the Board’s approval.

 

SUMMARY: Selecting and submitting certifications and assurances to FTA, either through FTA's Transportation Electronic Award and Management (TEAM) system or submission of the Signature Page, signifies the County’s intent to comply with the requirements of those certifications and assurances to the extent they apply to a program for which the county submits an application for assistance in Federal Fiscal Year 2010.  FTA requires a current (Federal Fiscal Year 2010) attorney's affirmation of the Applicant's legal authority to certify compliance with the funding obligations in this document, the attorney's signature from a previous year is not acceptable.  The certifications and assurances were published in the Federal Register on October 19, 2009 and FTA released the information to grantees on October 23, 2009.  The ARRA grant must be submitted by November 13, 2009, which must include the 2010 certifications and assurances.  Before FTA may award a Federal grant or cooperative agreement, the applicant must provide to FTA all certifications and assurances pertaining to itself or its project as required by Federal laws and regulations.  Because FTA’s Certifications and Assurances do not encompass all Federal requirements that will apply to the Applicant and its projects, FTA strongly encourages the Applicant to review the Federal authorizing legislation, regulations, and directives pertaining to the program or programs for which the Applicant seeks Federal assistance identified in the FTA Master Agreement for Federal FY 2010.  Upon any award from FTA in FY 2010, Palm Beach County enters into a Grant Agreement with FTA.  Countywide (DR) (Palm Tran)

 

31                    6A-1                REVISED TITLE: Staff recommends motion to approve: appointment of the following Parent Representatives to the Head Start/Early Head Start Policy Council for a term of three (3) years or less, as indicated on the Board Appointment Information Forms, effective November 3, 2009: (Community Services)

 

PARENT REPRESENTATIVE AND ALTERNATE(S) BY CENTER

                 (R) = Representative                                               (A) = Alternate

                               

Please Note:  Seats 10 – 29 are okay as written

 

Seat ID #                 My First Steps                                                         Seat ID #                 San Castle            

30                            Vacant  (R) Lina Arango (R)                                     31                            Byron Brown Jr.     (R)

                                Vacant  (A) Flordalma Marroquin (A)                                                         Christine Augustin  (A)

 

 

NOTE:  Items that were revised, added, deleted, or backup submitted and were not listed on the preliminary addition/deletion sheet distributed to the Board the prior day are noted with an asterisk (*).