June 19, 2012 – 9:30 a.m.                                                BOARD OF COUNTY COMMISSIONERS

FINAL                                                                            BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

JUNE 19, 2012

PAGE             ITEM

 

16                    3I-5                 REVISED SUMMARY: On July 19, 2011, the Board of County Commissioners approved (R2011-1097) the allocation of $25,000 $19,133.75 in Emergency Shelter Grant Program (ESGP) funds to The Lord’s Place, Inc., a not-for-profit agency that provides emergency shelter facility for single homeless men at its facility located at 1750 Northeast 4th Street in the City of Boynton Beach.  On December 20, 2011, Palm Beach County entered into an Agreement (R2011-2039) with The Lord’s Place, Inc.  The U.S. Department of Housing and Urban Development previously determined that a Conflict of Interest, as defined at 24 CFR 576.404, existed with an agency previously recommended for funding.  The recommended funding increase will come from that allocation which is being distributed to other agencies as recommended by the ESGP Advisory Board.  The required match for these federal ESGP funds will be met by the agency.  No match from County general funds is required. (DES Contract Development) Countywide (TKF) (DES)

 

16                    3I-6                 REVISED SUMMARY: On July 19, 2011, the Board of County Commissioners approved (R2011-1097) the allocation of $25,000 $19,133.75 in Emergency Shelter Grant Program (ESGP) funds to The Lord’s Place, Inc., a not-for-profit agency that provides emergency shelter for families at its facility located at 4973 Wedgewood Way in unincorporated Palm Beach County.  On December 20, 2011, Palm Beach County entered into an Agreement (R2011-2038) with The Lord’s Place, Inc.  The U.S. Department of Housing and Urban Development previously determined that a Conflict of Interest, as defined at 24 CFR 576.404, existed with an agency previously recommended for funding.  The recommended funding increase will come from that allocation which is being distributed to other agencies as recommended by the ESGP Advisory Board.  The required match for these federal ESGP funds will be met by the agency.  No match from County general funds is required. (DES Contract Development) Countywide (TKF) (DES)

 

17                    3I-7                 REVISED TITLE: Staff recommends motion to approve: an Agreement with Urban League of Palm Beach County, Inc. (Urban League) in the amount of $5,000 in Emergency Shelter Grant Program (ESGP) funds for the period June 19, 2011 June 19, 2012, to September 30, 2012. (DES)

 

18                    3K-3                DELETED: Staff recommends motion to approve: a “Utility Work by Highway Contractor” Agreement with Florida’s Department of Transportation (FDOT) and Glades Utility Authority (GUA) in the amount of $76,500 to relocate utility infrastructure within FDOT bridge right-of-way. (WUD) (Further staff review)

 

18                    3K-4                DELETED: Staff recommends motion to approve: Contract with Hinterland Group, Inc. for the Rehabilitation of Sanitary Sewer Concrete Structures and Lift Stations over a 12 month term in a budgeted amount not to exceed $419,578 with an option to renew for four (4) additional 12 month terms. (WUD) (Further staff review)

 

31                    5E-2                DELETED: Staff recommends motion to approve: Amendment to Contract No. GC680 (R2007-0882) with the Florida Department of Environmental Protection (FDEP) for activities in the Pollutant Storage Tank Compliance Verification Program (PSTCVP). (ERM) (State document delayed; moved to June 26, 2012)

 

36                    8D                   ADD-ON: Request approval to present off-site, a Proclamation declaring June 21, 2012 as “Tim Snow Day” in Palm Beach County. (Sponsored by Commissioner Abrams)

 

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



ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

JUNE 19, 2012

 

 

TUESDAY                                                                                                                COMMISSION

9:30 A.M.                                                                                                                   CHAMBERS

 

 

1.         CALL TO ORDER

 

A.        Roll Call

B.        Invocation

C.        Pledge of Allegiance

 

2.         AGENDA APPROVAL/SPECIAL PRESENTATIONS

 

A.        Additions, Deletions, Substitutions

B.        Adoption

 

3.         CONSENT AGENDA (Pages 6 - 25)

 

4.         PUBLIC HEARINGS - 9:30 A.M. (Pages 26 - 27)

 

5.         REGULAR AGENDA (Pages 28 - 31)

            TIME CERTAIN 10:30 A.M. (Beach Management Program Presentation) (Page 31)

 

6.         BOARD APPOINTMENTS (Pages 32 - 34)

 

7.         STAFF COMMENTS (Page 35)

 

8.         COMMISSIONER COMMENTS (Page 36)

 

9.         ADJOURNMENT (Page 36)

 

 

 

* * * * * * * * * * *

 


JUNE 19, 2012

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 6

            3A-1    Managed Pharmacy Benefit Services Agreement with CaremarkPCS Health for prescription drug discount card

           

 

B. CLERK & COMPTROLLER

Page 6

            3B-1    Warrant list

            3B-2    Minutes

            3B-3    Contracts and claims settlements list

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

            3B-5    State Revenue Sharing Application for FY 2012-2013

 

C. ENGINEERING & PUBLIC WORKS

Page 7

            3C-1   Resolution releasing reservation over a portion of the alignment for Haverhill Road (Le Chalet Blvd. to Hypoluxo Rd)

            3C-2   Joint Participation and Project Funding Agreements with Comcast (East Ocean Ave) and AT&T (Haverhill Rd & Dyer Blvd) for utility adjustments

            3C-3   Task Authorization with R.J. Behar & Company regarding design plans and construction bid documents for A-1-A Bridge (Carlin Park)

            3C-4   Supplemental Agreement No. 1 with Target Engineering Group for construction engineering and inspection services for Blue Heron Blvd. and Congress Ave. intersection improvements

 

D. COUNTY ATTORNEY

Page 7

            3D-1   Settlement Agreement in PBC v. The Tower Group

 

E. COMMUNITY SERVICES

Page 8

            3E-1    Receive and file Modification No. 1 to the Community Services Block Grant with the Florida Department of Economic Opportunity

            3E-2    Subrecipient Agreement with Workforce Alliance, and Contract with The Lord’s Place regarding training and employment placement services to homeless clients

Page 9

            3E-3    Subgrant Agreements with Florida Department of Economic Opportunity relative to the Low Income Home Energy Assistance Program

            3E-4    Contract with Christians Reaching Out to Society for food distribution services

 

F. AIRPORTS  -  None

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET  -  None

           

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 10

            3H-1   Interlocal Agreement with Health Department for provision of adult and pediatric medical services at the Senator Philip D. Lewis Center (f/k/a Homeless Resource Center)

Page 11

            3H-2   Donation/Bill of Sale to Gulfstream Goodwill Industries regarding donation of box truck, passenger van; and food cart for use at the Senator Philip D. Lewis Center

Page 12

            3H-3   Agreement with Sheriff’s Office for provision of food and laundry services at the Senator Philip D. Lewis Center

            3H-4   First Amendment with Sheriff’s Office (Marine Unit) for use of space at DuBois Park

            3H-5   Deleted

 

 

 


JUNE 19, 2012

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

 

H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

Page 13

3H-6   First Amendment with Village of North Palm Beach regarding use of the County’s 800 MHz Radio System

            3H-7   Amendments related to improvements to communication towers at several county locations

Page 14

            3H-8   Extension of Lease Agreement with Verizon Wireless for continued use of six wireless communication antennas at Southern Region Water Reclamation Facility

            3H-9   Concessionaire Service Agreement with Kayak-King Watersports for water sports and recreational rental equipment at Okeeheelee Park

3H-10 First Amendment with Wellington Regional Medical Center for continued use of space for forensic rape exam site

 

I. ECONOMIC SUSTAINABILITY

Page 15

            3I-1     Amendment No. 1 with FoundCare, Inc. relative to medical care to uninsured low and moderate income clients

            3I-2     Amendment No. 1 with The Salvation Army relative to housing and support services to homeless men

            3I-3     Amendment No. 1 with Aid to Victim of Domestic Abuse relative to emergency shelter to victims of domestic abuse

Page 16

            3I-4     Amendment No. 1 with YWCA relative to emergency shelter services

            3I-5     Amendment No. 1 with The Lord’s Place relative to emergency shelter services to homeless men

            3I-6     Amendment No. 1 with The Lord’s Place relative to emergency shelter services to homeless families

Page 17

            3I-7     Agreement with Urban League of Palm Beach County for emergency rent and utility assistance to individuals and families at risk of becoming homeless

 

J. PLANNING, ZONING & BUILDING 

Page 17

            3J-1    Appoint David Wiloch, Planning Division staff, to MPO’s Technical Advisory Committee

 

K. WATER UTILITIES

Page 17

            3K-1    Interlocal Agreement with Seminole Improvement District for continued operations and maintenance services

Page 18

            3K-2    Release of a portion of utility easement on land owned by the Palm Beach Jewish Community Campus Corporation

            3K-3    Utility Work by Highway Contractor Agreement with FDOT and Glades Utility Authority for relocation of utility infrastructure relative to SR 80 New River Canal Bridge  

            3K-4    Contract with Hinterland Group for the rehabilitation of sanitary sewer concrete structures and lift station projects

Page 19

            3K-5    Second Amendment with SWA for biosolids processing and recycling

            3K-6    Resolution relating to Water Utilities Advisory Board

           

L. ENVIRONMENTAL RESOURCES MANAGEMENT 

Page 20

            3L-1    Grant Agreement with Sea Turtle Conservancy for press kit, public screening fees, and venue fees for Dark Sky Festival

            3L-2    Resolution/Budget Transfer related to Phil Foster Snorkel Reef Trail and Peanut Island Artificial Reef projects

            3L-3    Contract with Arbor Tree and Land relative to the FDOT & County wetland mitigation project

 


JUNE 19, 2012

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

M. PARKS & RECREATION

Page 21

            3M-1   Receive and file five (5) entertainment contractor agreements

            3M-2   Receive and file three (3) independent contractor agreements

Page 22

            3M-3   Receive and file two (2) sound and light production services contractor agreements

 

N. LIBRARY  -  None

 

P. COOPERATIVE EXTENSION SERVICE 

Page 22

            3P-1    Second Amendment with Friends of the Mounts Botanical Gardens for a portion of the funding for a horticulturist position

 

Q. CRIMINAL JUSTICE COMMISSION

Page 22

            3Q-1   Ratify Chair’s signature on two (2) grant proposals to the U.S. Department of Justice under the Edward Byrne Memorial Justice Assistance Grant Program

 

R.  HUMAN RESOURCES  -  None

 

S. FIRE RESCUE 

Page 23

            3S-1    Affiliate Agreement with 211 Palm Beach/Treasure Coast to add the Drowning Prevention Coalition to the 211 referral database

 

T. HEALTH DEPARTMENT  -  None

 

U. INFORMATION SYSTEMS SERVICES

Page 23

            3U-1   Agreement with Ferd and Gladys Alpert Jewish Family & Children’s Services regarding connection to use the County’s Network

 

V. METROPOLITAN PLANNING ORGANIZATION  -  None

 

W. PUBLIC AFFAIRS  -  None

 

X. PUBLIC SAFETY  -  None

 

Y. PURCHASING  -  None

 

Z. RISK MANAGEMENT  -  None

 

AA. PALM TRAN

Page 23

            3AA-1 Contracts with Seagull Industries for the Disabled and Federated Transportation Services for provision of transportation services to their transportation disadvantaged

 

BB. SHERIFF

Page 24

            3BB-1 Budget Transfer in the Law Enforcement Trust Fund for various drug and crime prevention and education programs

            3BB-2 Agreement with City of Miramar for various domestic security activities under the Ft. Lauderdale Urban Area Security Initiative

 

CC. SUPERVISOR OF ELECTIONS

Page 25

            3CC-1            Precinct legal descriptions/boundary changes

           


JUNE 19, 2012

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

            DD. TOURIST DEVELOPMENT COUNCIL

Page 25

            3DD-1            First Amendment with Discover Palm Beach County amending FY 2012 budget for marketing and advertising

 

 

 

PUBLIC HEARINGS – 9:30 A.M.

Page 26

            4A       Internal Audit Committee Ordinance

            4B       Internal Auditor Ordinance

            4C       Designation of parcel (4220 Charleston Street) as Brownfield Area

Page 27

            4D       Five Year Road Program Ordinance

 

 

 

REGULAR AGENDA

 

COUNTY ATTORNEY

Page 28

            5A-1    Resolution approving issuance of $100,000,000 Housing Finance Authority Homeowner Revenue Bonds

            5A-2    Resolution approving issuance of $6,800,000 Housing Finance Authority Multifamily Housing Revenue Debt Obligations (Pine Run)

 

 

            PARKS & RECREATION

Page 29

            5B-1    Reallocation of $150,000 within the 2002 $50 Million Recreation and Cultural Facilities Bond for Pompey Park baseball field renovation project and Peanut Island lifeguard room project

            5B-2    Reallocation of $800,000 to several recreational and/or cultural projects

           

COMMUNITY SERIVCES

Page 30

            5C-1   Modification No. 2 to Community Services Block Grant with Florida Department of Economic Opportunity for self-sufficiency services to low income families

 

            FACILITIES DEVELOPMENT & OPERATIONS

Page 30

            5D-1   Options for interim facilities for Tourist Development Council and related agencies

 

            ENVIRONMENTAL RESOURCES MANAGEMENT

Page 31

            5E-1    Beach Management Program Presentation – TIME CERTAIN 10:30 A.M.

            5E-2    Amendment with Florida Department of Environmental Protection relative to activities under the Pollutant Storage Tank Compliance Verification Program

 

BOARD APPOINTMENTS  (Pages 32 - 34)

 

STAFF COMMENTS  (Page 35)

 

COMMISSIONER COMMENTS (Page 36)

 

ADJOURNMENT (Page 36)

 


JUNE 19, 2012

 

3.         CONSENT AGENDA APPROVAL

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to approve:

 

A) the Managed Pharmacy Benefit Services Agreement with CaremarkPCS Health, L.L.C. (Caremark) for their Consumer Card Program, otherwise known as the National Association of Counties’ (NACo) Prescription Drug Discount Card; and

 

B) a Rider (Rider 1) to the above referenced Agreement entitled Marketing Reimbursement Fee.

 

SUMMARY: On June 19, 2007, the Board of County Commissioners approved a contract with NACo and Caremark, for the purpose of proceeding with the Managed Pharmacy Benefit Consumer Card Program.   Palm Beach County began participating in the NACo Prescription Drug Discount Card program in September 2007.  In January 2012, NACo announced the addition of a transaction revenue sharing fee option.  Any county electing to receive the marketing reimbursement fee will receive $1 for each filled prescription.  In Palm Beach County, that would have amounted to $62,860 last year.   The reimbursement fee will not change the current discount rate that County residents receive when filling their prescriptions.  Participating counties that wish to adopt the transaction revenue sharing fee model must sign and submit a new contract.  No County funds are required.  Countywide (DW) 

 

 

B.        CLERK & COMPTROLLER

 

1.         Staff recommends motion to approve:  Warrant List.

 

 

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

 

Meeting Type                                  Meeting Date

 

Regular                                              April 17, 2012

Workshop                                          April 24, 2012

Zoning                                               April 26, 2012

Regular                                              May 1, 2012

Child Care Facilities Board                        May 1, 2012

Regular                                              May 15, 2012

Workshop                                          May 22, 2012

Zoning                                               May 24, 2012

 

 

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 February 2012.  Countywide

 

 

5.         Staff recommends motion to approve: State Revenue Sharing Application for the Fiscal Year 2012-2013. SUMMARY:  Each unit of local government is required to file an application in order to be considered for any funds to be distributed under the Revenue Sharing Act. Countywide (PFK)


JUNE 19, 2012

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to adopt: a Resolution releasing a reservation over a portion of the established alignment for Haverhill Road from Le Chalet Boulevard to Hypoluxo Road.  SUMMARY: Adoption of this Resolution will release a portion of the established alignment reservation for Haverhill Road from Le Chalet Boulevard to Hypoluxo Road. District 3 (MRE)

 

 

2.         Staff recommends motion to receive and file:

 

A) a Joint Participation and Project Funding Agreement with Comcast for utility adjustments at East Ocean Avenue (Lantana) Bridge over the Intracoastal Waterway; and

 

B) a Joint Participation and Project Funding Agreement with AT&T Florida for utility adjustments at Haverhill Road and Dyer Boulevard. 

 

SUMMARY: This receive and file will record one (1) agreement with Comcast and one (1) agreement with AT&T Florida which were both executed by the Deputy County Engineer.  These items are being submitted in accordance with Countywide PPM No. CW-0-051 to allow the Clerk’s Office to note and receive the executed agreements.  Districts 4 & 7 (MRE)

 

 

3.         Staff recommends motion to approve: a Task Authorization to the Annual Agreement R2011-0175, in the amount of $124,676.64 with R.J. Behar & Company, Inc. (RJB), for professional services. SUMMARY: Approval of this Task Authorization will provide the professional services necessary for the preparation of design plans and construction bid documents for the A-1-A Bridge (Carlin Park) Rehabilitation/Replacement project (Project).  RJB has an office in Palm Beach County and is a certified Small Business Enterprise (SBE).  The SBE goal for the Project is 15%. The SBE participation committed for this Project by RJB is 85.33%. District 1 (MRE)

 

 

4.         Staff recommends motion to approve: Supplemental Agreement No. 1 to Project Agreement 2005102A (Agreement) (R2011-1481) in the amount of $72,725.80 with Target Engineering Group, Inc. (TEG) for professional services. SUMMARY: Approval of this Agreement will provide additional construction engineering and inspection (CEI) services for the Blue Heron Boulevard and Congress Avenue (Phase II) Intersection Improvements project. District 7 (MRE)

 

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to approve: a Settlement Agreement resolving Palm Beach County v. The Tower Group, et al, for the amount of $200,000. SUMMARY: This litigation arose out of the design and construction of Water Utilities’ Central Region Operations Center. The original roof on the structure suffered from systemic leaks ultimately resulting in the replacement of the roof. Acceptance of this settlement will result in the defendants paying Palm Beach County $200,000. District 2 (JCM)

 

 


JUNE 19, 2012

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to receive and file: fully executed Modification No. 001 to the Community Services Block Grant Contract (R2012-0273) with the State of Florida Department of Economic Opportunity for the period of October 1, 2011, to September 30, 2012, in an amount not to exceed $1,147,967, for self-sufficiency services to low income families.  Summary:  This fully executed Modification is being submitted as a Receive and File item due to changes being made within the document after Board approval on February 7, 2012. Budget adjustments were made by the Grantor; however, these adjustments did not affect the overall grant amount awarded nor change the County match requirement. (Community Action Program) Countywide (TKF)

 

 

2.         Staff recommends motion to:

 

A) receive and file Subrecipient Agreement No. S11-013, with Workforce Alliance, Inc., for the period of June 5, 2012, through March 31, 2013, providing funding to the County in an amount not to exceed $175,436, for services to Targeted Populations to Enter Unsubsidized Employment;

 

B) approve Contract for Provision of Services with The Lord’s Place, Inc., for the period June 5, 2012, through March 31, 2013, in an amount not to exceed $175,436, for the provision of training and employment placement services for forty homeless clients; and

 

C) approve Budget Amendment of $175,436 in the Human Services Administration Fund to establish the budget for the remaining year.

 

Summary:  The Division of Human Services has received funds from Workforce Alliance to assist targeted populations to obtain and maintain gainful unsubsidized employment through the Targeted Populations to Enter Unsubsidized Employment program.  As a result, the Division is contracting with The Lord’s Place to provide services to forty unemployed homeless individuals who will be assessed and referred by the County’s Homeless Outreach Team and enrolled in a training and placement employment program. This service will be coordinated through the Philip D. Lewis Center.  Employee, Daniel Gibson of The Lord’s Place serves on a County Advisory Board, the Palm Beach County Homeless Advisory Board. This Board provides no regulation, oversight, management, or policy-setting recommendations regarding this contract. Disclosure of this contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of Sect. 2-443, of the Palm Beach County Code of Ethics.  No County match funds are required. (Human Services) Countywide (TKF)

 

 


JUNE 19, 2012

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

3.         Staff recommends motion to:

 

A) ratify the signature of the Chair on the State of Florida Department of Economic Opportunity Federally Funded Subgrant Agreement No. 12EA-0F-10-60-01-023, for the period March 1, 2012, through March 31, 2013, in an amount not to exceed $3,907,173, for the Low Income Home Energy Assistance Program (LIHEAP) contract;

 

B) receive and file State of Florida Department of Economic Opportunity Federally Funded Subgrant Agreement No. 12EA-0F-10-60-01-023, for the period March 1, 2012, through March 31, 2013, in an amount not to exceed $3,907,173, for the LIHEAP contract; and

 

C) approve Budget Amendment of $1,028,102 in the Low Income Home Energy Assistance Program fund to align the budget to the actual grant award. 

 

Summary: LIHEAP funds of $3,907,173 will enable Palm Beach County Community Action Program (CAP) to provide assistance to approximately 13,000 low income households with energy bills and crisis assistance to prevent service disconnection or to restore utility services.  No County funds are required. (Community Action Program)

Countywide (TKF)

 

 

4.         Staff recommends motion to approve: Contract for Provision of Financial Assistance with Christians Reaching Out to Society, Inc. for the period June 1, 2012, through September 30, 2012, in an amount not to exceed $75,000 to provide food distribution services.  Summary:  Christians Reaching Out to Society, Inc. (CROS) and the Palm Beach County Food Bank (PBC Food Bank) are dedicated to substantially reducing hunger among local residents. Palm Beach County lacks tens of millions of pounds of nutritious food annually to take care of its hungry children, adults and seniors.  CROS, through the PBC Food Bank, distributes produce, meat and package goods free to more than 120 Palm Beach County soup kitchens, homeless shelters and food pantries. Funding for this purpose is included in the FY 2012 Financially Assisted Agencies budget. Countywide (TKF)

 

 


JUNE 19, 2012

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve: an Interlocal Agreement with the Palm Beach County Health Department (DOH) for the administration, management, and provision of adult and pediatric medical services at the County’s Homeless Resource Center n/k/a the Senator Philip D. Lewis Center (Lewis Center) located at 1000 45th Street in the City of West Palm Beach.  SUMMARY:  On January 12, 2010, the County entered into an Interlocal Agreement with the City of West Palm Beach (R2010-0137) for the County’s purchase of City of West Palm Beach owned property on which the Lewis Center would be operated. The purchase agreement contained conditions which required that: (i) the Lewis Center include a health clinic providing access to services on a 24-hour basis, 365 days per year; and (ii) partnerships be entered into with public medical service providers to deliver primary care and basic medical services to the Lewis Center clients after the normal business hours of the public health centers.  The Lewis Center includes a 2,773 square foot health clinic (Clinic) for Lewis Center clients only and will not be available to the general homeless population at large.  At DOH’s sole cost, it shall staff the Clinic and provide services as follows: (i) Monday through Friday 8:00 a.m. to 5:00 p.m.; and (ii) Saturday and Sunday 9:00 a.m. to 11:00 a.m. or based on utilization.  DOH will provide the Clinic with medical provider on-call services twenty-four (24) hours per day, seven (7) days per week.  DOH will provide supplies and biomedical waste removal services. The County is responsible for the maintenance and repair of the Clinic at its sole cost and shall provide and pay the cost of janitorial, water, electrical, telephone, trash removal/collection, and sewer services at the Clinic. The initial term of the Agreement is for three (3) years, with two (2) successive extension options, each for a period of one (1) year.  The Agreement may be terminated by either party, with or without cause with a minimum of one hundred and eighty (180) days notice. (FDO Admin) Countywide (TKF)

 

 


JUNE 19, 2012

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

2.         Staff recommends motion to approve:

 

A) a Donation Agreement with Gulfstream Goodwill Industries, Inc., a Florida not-for-profit 501(c)(3) corporation (Goodwill), for the County’s donation of a: (i) GMC 4500 Box Truck; (ii) Ford E350 - 12 passenger van; and (iii) Carter Hoffman Heated Food Cart for use in providing services to the County’s Homeless Resource Center n/k/a the Senator Philip D. Lewis Center (Lewis Center); and

 

B) a Bill of Sale to transfer title to the following equipment: (i) GMC 4500 Box Truck - VIN J8DC4B14527001474; (ii) Ford E350 - 12 passenger Van - VIN 1FBNE3BL5CDA42701; and (iii) Carter Hoffman Heated Food Cart - Serial No. 227613 27080 2020 35 B14.

 

SUMMARY:  On May 1, 2012, the Board of County Commissioners approved a Contract for Services (Contract) with Goodwill (R2012-0612) whereby Goodwill will serve as the lead facility operator at the Lewis Center, and provide various support services including transportation services. In order to carry out the transportation services, the Contract required that the County provide Goodwill with the use of a box truck and a passenger van.  Instead of entering into a use agreement with Goodwill for the box truck and the passenger van, the County determined that it was in the County’s best interest to transfer title to the equipment in order to reduce the County’s potential liability from Goodwill’s use of the equipment. This item authorizes the County to donate: (i) the used GMC 4500 Box Truck, together with the new Carter Hoffman Heated Food Cart to be used for non-passenger purposes; and (ii) the new Ford E350 - 12 passenger van to be used for conducting travel related services for clients at the Lewis Center. The Donation Agreement provides that: (i) the County transfer title and possession of the equipment by no later than June 29, 2012; (ii) Goodwill accept the equipment in “as is” condition; and (iii) the County pay for all transfer costs estimated to be less than $200.  The Donation Agreement also provides that Goodwill shall: (i) only use the equipment for providing services set forth in the Contract; (ii) repair and maintain the equipment at its sole cost and expense; (iii) assume the entire risk of loss and damage to the equipment; and (iv) offer the transfer of title to the equipment back to the County in the event Goodwill no longer needs the equipment to provide the required services to the Lewis Center or if the Contract has expired/terminated. (FDO Admin) Countywide (TKF)

 

 


JUNE 19, 2012

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

3.         Staff recommends motion to approve: an Agreement with the Sheriff of Palm Beach County (Sheriff) for the provision of food and laundry services to the County’s Homeless Resource Center n/k/a the Senator Philip D. Lewis Center (Lewis Center) located at 1000 45th Street in the City of West Palm Beach. SUMMARY: On May 1, 2012, the Board of County Commissioners approved a Contract for Services (Contract) with Goodwill (R2012-0612) which provides for Goodwill to serve as the lead facility operator at the Lewis Center as well as provide various support services including food and laundry services.  The Contract requires that: (i) Goodwill order, transport and distribute the food to Lewis Center clients and that the County  produce meals meeting established dietary guidelines for adults and juveniles; and (ii) the County provide laundry service for bedding and towels.  With regard to laundry services, the Lewis Center clients are required to launder all personal items in the washer and dryer facilities located at the Lewis Center, but the laundering of bedding and linens remains the County’s responsibility. The County will meet its obligations to Goodwill for food and laundry services through the use of the Sheriff’s facilities at the Main Detention Center (MDC).  The Sheriff’s contracted food service provider (Food Service Provider) will produce the meals on-demand for the Lewis Center.  This Agreement requires that: (i) the Sheriff provide the County with meals and linens for use at the Lewis Center; (ii) the County order and pick-up meals and linens from the MDC; (iii) the County reimburse the Sheriff for out of pocket expenses associated with production of meals actually ordered; and (iv) the County reimburse the Sheriff for out of pocket costs for lost trays and/or linens.  The Agreement permits both the County and the Sheriff, upon mutual agreement, to delegate each of their administrative and logistical responsibilities to the Director of Facilities Development & Operations and the Major, Corrections Operations, respectively.  Certain administrative responsibilities such as the ordering, meal preparation, serving of meals and transport duties can be further assigned to Goodwill and the Food Service Provider.  The initial term of the Agreement is for three (3) years, with an expiration date of June 18, 2015, or until the expiration of the Food Service Provider’s contract, whichever occurs first. The Agreement may be terminated by either party, with or without cause with a minimum of thirty (30) days notice. (FDO Admin) Countywide (JM)

 

 

4.         Staff recommends motion to approve: First Amendment to Use Agreement dated September 15, 2009 (R2009-1502) with the Sheriff of Palm Beach County (PBSO) for the use of space at DuBois Park in Jupiter.  SUMMARY: On September 15, 2009, the Board approved a Use Agreement with PBSO for the use and occupancy of space at three (3) County Parks by PBSO’s Marine Unit.  This First Amendment to the Use Agreement provides PBSO’s Marine Unit with exclusive use of the following space at DuBois Park: (i) Dubois Marina boat slip No. 2, together with the associated boat lift; (ii) storage unit No. 1; and (iii) one  designated parking space (collectively, “DuBois Premises”).  PBSO’s Marine Unit will also have the non-exclusive use of the finger pier that provides access to and from the mainland.  PBSO’s use of the DuBois Premises is free of charge. The County is responsible for the maintenance and repair of the DuBois Premises at its sole cost, except for the boat lift, which is the responsibility of PBSO.  The County shall pay the cost of water and electrical service at the DuBois Premises.  In the event any dredging is required for use of the DuBois Premises, then PBSO will reimburse the County for its proportionate share of the costs. The County’s Parks and Recreation Department supports the use of the DuBois Premises by PBSO’s Marine Unit as such use provides additional security at the park. (FDO Admin) District 1 (HJF)

 

 

5.         DELETED

 

 


JUNE 19, 2012

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

6.         Staff recommends motion to approve: a First Amendment to Interlocal Agreement (R2008-1178) with the Village of North Palm Beach (“Village”) to extend the term of the agreement to July 7, 2016.  SUMMARY: The Agreement, which provides the terms and conditions under which the Village can directly access the County’s 800 MHz Radio System, expires on July 7, 2012. The Agreement provides for two (2) renewal options, each for a period of four (4) years. Both parties must approve the renewal option. The Village has approved a renewal to extend the term of the Agreement until July 7, 2016. The renewal now requires Board approval. The terms of the Agreement are standard and have been offered to all municipalities and local branches of State/Federal agencies where connection through an established municipal hub is not technically feasible. The annual fees are consistent with those being charged to the County departments. The Village is required to pay all costs associated with subscriber units and to comply with the established operating procedures for the System. The Agreement may be terminated by either party, with or without cause, on October 1st of any year, with a minimum of six (6) months notice. This First Amendment renews the term, updates Attachment 1 regarding the Public Radio System Policies and Procedures, and provides for disclosure of the County code requirements regarding the Office of the Inspector General. Other than the changes set forth herein, all other terms remain the same. (ESS) Countywide (JM)

 

 

7.         Staff recommends motion to approve:

 

A) a Sixth Amendment to Communication Tower Joint Use Agreement with New Cingular Wireless PCS, LLC, (R96-972D) for the County Communication Tower at Forest Hill Boulevard and the Turnpike;

 

B) an Eighth Amendment to Communication Tower Agreement with New Cingular Wireless PCS, LLC, (R99-312D) for the County Communication Tower at 20 Mile Bend; and

 

C) a Second Amendment to Communication Tower Joint Use Agreement (R96-1077D) with New Cingular Wireless PCS, LLC for the tower site located at 8130 North Jog Road in West Palm Beach.

 

SUMMARY: The County and New Cingular Wireless PCS, LLC (AT&T) co-locate on these three (3) County-owned towers.  Each of these Amendments will allow both parties to install new equipment on the towers and modify the Frequency Lists and Tower Loading exhibits to reflect frequency and equipment changes necessary to provide for the County’s wireless networks as well as AT&T’s 4G-LTE service.  AT&T will provide all required structural modifications to maintain the tower’s loading capacity for the County’s as well as its own current, previously reserved, and future equipment.  The cost for AT&T to provide the structural modifications associated with the County’s equipment at Forest Hill is estimated to be in excess of $15,000.  Each party will obtain all necessary permits and governmental approvals associated with its modifications and all equipment installations will be made at each party’s sole cost.  There will be no service interruptions to the County’s or AT&T’s operations.  The Amendment also updates the access section to identify the properties as critical facilities requiring additional documentation for unescorted access, modifies the Non-Discrimination section to include a prohibition against discrimination on the basis of gender identity, expression, or familial status, and adds a provision regarding the Inspector General.  All other terms of the Agreements remain unchanged. (PREM) Districts 2 & 6/Countywide (HJF)

 


JUNE 19, 2012

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

8.         Staff recommends motion to receive and file:  a notice of exercise of the second extension option under the Lease Agreement (R2002-1464) with Verizon Wireless Personal Communications L.P. for the continued use of six (6) wireless communication antennas located on the roof top of the Southern Region Water Reclamation Facility in Boynton Beach. SUMMARY:  Since August 20, 2002, Verizon Wireless Personal Communications L.P. (Verizon) has operated and maintained six (6) wireless communication antennas and radio equipment on the rooftop of the Southern Region Water Reclamation Facility located at 12751 Hagen Ranch Road in Boynton Beach.  The initial term of the Lease Agreement was for five (5) years ending on August 19, 2007, and contained five (5) extension options, each for a period of five (5) years.  Exercise of the first option extended the term of the Lease from August 20, 2007, through August 19, 2012. Verizon is exercising its second five (5) year extension option for the period of August 20, 2012, through August 19, 2017. The annual rent will be increased by three percent (3%) from $40,317.50 to $ 41,527.03 effective August 20, 2012.  The Water Utilities Department is satisfied with Verizon’s performance. Pursuant to the terms of the Lease Agreement, Verizon has the right to exercise its option and the Board has no discretionary authority to not allow the exercise of the option.  Three (3) - five (5) year options remain available to Verizon.  All other terms and conditions of the Lease Agreement will remain in full force and effect. (PREM) District 5 (HJF)

 

 

9.         Staff recommends motion to approve:  a Concessionaire Service Agreement with Kayak-King Watersports, Inc., for operation of the water sports and recreational rental equipment concession located in Okeeheelee Park at 7715 Forest Hill Boulevard in West Palm Beach at an initial annual rent of $6,500.  SUMMARY:  The Parks and Recreation Department desires to continue to provide rentals of canoes, bicycles and other recreational items at Okeeheelee Park through a concession operation.  The current concessionaire, Kayak-King Watersports, Inc. (KKW), operates under a Concessionaire Service Agreement (R2007-958) which expires on June 30, 2012.  In April 2012, PREM advertised Request for Proposal No. 2012-101-SKS for the operation of the Okeeheelee Park water sports and recreational rental equipment concession.  KKW was the only respondent.  The annual rent under the Agreement is $6,500 to be paid in monthly installments of $541.67, with annual increases of two percent (2%).  The initial term of the Agreement is for three (3) years to June 30, 2015, with two (2) options to extend the term, each for a period of two (2) years.  As KKW is the current concessionaire, KKW has a $1,000 security deposit on file. (PREM) District 2 (HJF)

 

 

10.       Staff recommends motion to approve:  the First Amendment to Lease Agreement (R2011-1361) with Wellington Regional Medical Center, Incorporated, for the continued use of 400 SF of improved space for a forensic rape exam site within the Wellington Regional Medical Center (Hospital) located at 10101 Forest Hill Boulevard in the Village of Wellington.  SUMMARY:  The County entered into a ten (10) month lease that commenced September 1, 2011, for use of 400 SF of improved space within the Hospital, together with non-exclusive use of the common areas and the exclusive use of three (3) designated parking spaces. The Lease expires June 30, 2012. This First Amendment will extend the term through June 30, 2013, and reduce the rent from $500 per month to $1 per month. The landlord is responsible for all utility fees, maintenance, repairs, custodial services, laundry services, and hazardous waste removal. Both parties have the right to terminate the lease for any reason whatsoever upon ninety (90) days notice to the other party. (PREM) District 6 (HJF)

 

 


JUNE 19, 2012

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2011-2016) with FoundCare, Inc. to increase the grant amount from $50,439 to $72,839. Summary: On July 19, 2011, the Board of County Commissioners approved (R2011-1096) the allocation of $50,439 in Community Development Block Grant (CDBG) funds to FoundCare, Inc.  On December 20, 2011, the County entered into an Agreement (R2011-2016) with FoundCare, Inc., allocating these funds for the provision of primary medical care to uninsured low and moderate income clients.  The U.S. Department of Housing and Urban Development previously determined that a Conflict of Interest, as defined at 24 CFR 570.611, existed with an agency previously recommended for funding.  The recommended funding increase will come from that allocation.  These are federal CDBG funds which require no local match. (DES Contract Development) Countywide (TKF)

 

 

2.         Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2011-2040) with The Salvation Army to increase the amount funded from $25,000 to $30,000. Summary: On July 19, 2011, the Board of County Commissioners approved (R2011-1097) the allocation of $25,000 in Emergency Shelter Grant Program (ESGP) funds to The Salvation Army, a not-for-profit agency that provides transitional housing and support services to homeless men at its facility located at 1577 North Military Trail in unincorporated Palm Beach County.  On December 20, 2011, Palm Beach County entered into an Agreement (R2011-2040) with The Salvation Army.  The U.S. Department of Housing and Urban Development previously determined that a Conflict of Interest, as defined at 24 CFR 576.404, existed with an agency previously recommended for funding.  The recommended funding increase will come from that allocation which is being distributed to other agencies as recommended by the ESGP Advisory Board.  These are federal ESGP funds and the required match will be met by the agency.  No match from County general funds is required. (DES Contract Development) Countywide (TKF)

 

 

3.         Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2011-2031) with Aid to Victims of Domestic Abuse, Inc. (AVDA) to increase the amount funded from $25,000 to $30,000.  Summary: On July 19, 2011, the Board of County Commissioners approved (R2011-1097) the allocation of $25,000 in Emergency Shelter Grant Program (ESGP) funds to AVDA, a not-for-profit agency that provides emergency shelter to victims of domestic abuse.  On December 20, 2011, the County entered into an Agreement (R2011-2031) with AVDA.  The U.S. Department of Housing and Urban Development previously determined that a Conflict of Interest, as defined at 24 CFR 576.404, existed with an agency previously recommended for funding.  The recommended funding increase will come from that allocation which is being distributed to other agencies as recommended by the ESGP Advisory Board.  The required match for these federal ESGP funds will be met by the agency.  No match from County general funds is required. (DES Contract Development) Countywide (TKF)

 

 


JUNE 19, 2012

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          ECONOMIC SUSTAINABILITY (Cont’d)

 

4.         Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2011-2041) with Young Women’s Christian Association of Palm Beach County, Florida (Y.W.C.A.) to increase the amount funded from $25,000 to $30,000.  Summary: On July 19, 2011, the Board of County Commissioners approved (R2011-1097) the allocation of $25,000 in Emergency Shelter Grant Program (ESGP) funds to the Y.W.C.A., a non-profit agency that provides emergency shelter at its Harmony House facility.  On December 20, 2011, the County entered into an Agreement (R2011-2041) with the Y.W.C.A.  The U.S. Department of Housing and Urban Development previously determined that a Conflict of Interest, as defined at 24 CFR 576.404, existed with an agency previously recommended for funding. The recommended funding increase will come from that allocation which is being distributed to other agencies as recommended by the ESGP Advisory Board.  The required match for these federal ESGP funds will be met by the agency. No match from County general funds is required. (DES Contract Development) Countywide (TKF)

 

 

5.         REVISED SUMMARY: Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2011-2039) with The Lord’s Place, Inc. to increase the amount funded from $19,133.75 to $21,633.75.  Summary: On July 19, 2011, the Board of County Commissioners approved (R2011-1097) the allocation of $25,000 $19,133.75 in Emergency Shelter Grant Program (ESGP) funds to The Lord’s Place, Inc., a not-for-profit agency that provides emergency shelter facility for single homeless men at its facility located at 1750 Northeast 4th Street in the City of Boynton Beach. On December 20, 2011, Palm Beach County entered into an Agreement (R2011-2039) with The Lord’s Place, Inc.  The U.S. Department of Housing and Urban Development previously determined that a Conflict of Interest, as defined at 24 CFR 576.404, existed with an agency previously recommended for funding.  The recommended funding increase will come from that allocation which is being distributed to other agencies as recommended by the ESGP Advisory Board.  The required match for these federal ESGP funds will be met by the agency.  No match from County general funds is required. (DES Contract Development) Countywide (TKF)

 

 

6.         REVISED SUMMARY: Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2011-2038) with The Lord’s Place, Inc. to increase the amount funded from $19,133.75 to $21,633.75.  Summary: On July 19, 2011, the Board of County Commissioners approved (R2011-1097) the allocation of $25,000 $19,133.75 in Emergency Shelter Grant Program (ESGP) funds to The Lord’s Place, Inc., a not-for-profit agency that provides emergency shelter for families at its facility located at 4973 Wedgewood Way in unincorporated Palm Beach County.  On December 20, 2011, Palm Beach County entered into an Agreement (R2011-2038) with The Lord’s Place, Inc.  The U.S. Department of Housing and Urban Development previously determined that a Conflict of Interest, as defined at 24 CFR 576.404, existed with an agency previously recommended for funding.  The recommended funding increase will come from that allocation which is being distributed to other agencies as recommended by the ESGP Advisory Board.  The required match for these federal ESGP funds will be met by the agency.  No match from County general funds is required. (DES Contract Development) Countywide (TKF)

 

 


JUNE 19, 2012

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          ECONOMIC SUSTAINABILITY (Cont’d)

 

7.         REVISED TITLE: Staff recommends motion to approve: an Agreement with Urban League of Palm Beach County, Inc. (Urban League) in the amount of $5,000 in Emergency Shelter Grant Program (ESGP) funds for the period June 19, 2011 June 19, 2012, to September 30, 2012.  Summary:  The Urban League is a not-for-profit agency whose offices are located at 1700 North Australian Avenue in the City of West Palm Beach. Under this Agreement, the Urban League will provide emergency rent and utility assistance to individuals and families at risk of becoming homeless. The U.S. Department of Housing and Urban Development previously determined that a Conflict of Interest, as defined at 24 CFR 576.404, existed with an agency previously recommended for funding. The recommended funding will come from that allocation which is being distributed to other agencies as recommended by the ESGP Advisory Board. Two (2) employees of the Urban League serve on County boards.  Jimmy Weatherspoon serves on the Housing Finance Authority and Patrick Franklin serves on the Overall Economic Development Program Committee.  These Boards provide no regulation, oversight, management, or policy-setting recommendations regarding the above Agreement. Disclosure of the contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of Section 2-443, of the Palm Beach County Code of Ethics.  The required match for these federal ESGP funds will be met by the agency.  No match from County general funds is required. (DES Contract Development) Countywide (TKF)

 

 

J.         PLANNING, ZONING & BUILDING 

 

1.         Staff recommends motion to nominate: David Wiloch, Planner II, Planning Division, to the Metropolitan Planning Organization Technical Advisory Committee (MPO-TAC) as the Alternate Representative. SUMMARY: The position of Planning Division alternate to the MPO-TAC is currently vacant. Mr. David Wiloch is a Planning Division Planner II working with transportation-related issues and is well qualified to represent the Division as an Alternate on the MPO-TAC. Countywide (RPB)

 

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to approve: an Interlocal Agreement with Seminole Improvement District (District) for the Operation and Maintenance of Water, Wastewater, and Reclaimed Water Treatment Facilities.  Summary: Seminole Improvement District currently owns water, wastewater, and reclaimed water treatment facilities.  The Palm Beach County Water Utilities Department (WUD) has been providing contract operations and maintenance services for these facilities since 1996.  The current operations and maintenance agreement expired on June 12, 2012.  The District has requested that the Department continue to provide operation and maintenance services. Under this Agreement, WUD will operate and maintain these facilities for five (5) years.  The District will continue to pay WUD an annual fee for its services.  The annual fee for the first year is $94,352.67.   Charges for subsequent years will be adjusted by the U.S. Department of Labor’s Consumer Price Index.  Additional charges will apply for laboratory services and other additional services.  Capital improvements required at the facilities are not included in this Agreement.  Either party may cancel the Agreement with a 120-day written notice. District 6 (MJ)

 

 


JUNE 19, 2012

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES (Cont’d)

 

2.         Staff recommends motion to approve:  a Release of a portion of a utility easement on the land owned by the Palm Beach Jewish Community Campus Corporation (JCC).  Summary: This document will release the County’s interest in a portion of a utility easement granted to the County and recorded in the Official Record Book 10569, Page 300. The easement is located on the land currently owned by JCC. The Water Utilities Department has determined that this portion of the recorded easement is no longer needed, and therefore recommends the release. (WUD Project No. 2516) District 7 (MJ)

           

 

3.         DELETED: Staff recommends motion to approve: a “Utility Work by Highway Contractor” Agreement with Florida’s Department of Transportation (FDOT) and Glades Utility Authority (GUA) in the amount of $76,500 to relocate utility infrastructure within FDOT bridge right-of-way.  SUMMARY:  FDOT is proposing improvements to the State Road 80 New River Canal Bridge in South Bay. The center span of the bridge will be removed and a new section installed on the supports. These improvements will necessitate the removal of existing water and wastewater mains from the bridge and the installation of temporary pipe lines to route flows from the work area. The contractor will install and reconnect the water and wastewater mains to the bridge after completing the span.  This sequence will minimize any disruption of water to the customers. FDOT requires the GUA to enter into a “Utility Work by Highway Contractor” Agreement for the removal of existing pipe lines, constructing temporary water and force mains, and rebuilding the pipe lines across the new bridge. Reimbursement to FDOT for all materials and labor is a lump sum amount of $76,500. (WUD Project No.12-020-I) District 6 (MJ) (Further staff review)

 

 

4.         DELETED: Staff recommends motion to approve: Contract with Hinterland Group, Inc. for the Rehabilitation of Sanitary Sewer Concrete Structures and Lift Stations over a 12 month term in a budgeted amount not to exceed $419,578 with an option to renew for four (4) additional 12 month terms. SUMMARY:  On January 12, 2012, five (5) bids were received for the Rehabilitation of Sanitary Sewer Concrete Structures and Lift Stations with Hinterland Group, Inc. being the lowest responsive, responsible bidder in the amount of $419,578.  This Contract will be used to rehabilitate and maintain existing lift stations and concrete structures to include, but not necessarily limited to removal and/or replacement of various related mechanical equipment within the wastewater system. Contract award is for a 12 month term with an option to renew for four (4) additional 12 month terms. The Contract is for a not to exceed budgeted amount of $419,578, based on the anticipated use, and the projects will be ordered on a priority basis. Work will be assigned during the 12 month contract period by formal Construction Delivery Orders (KDOs) drawn against this continuing contract.  The unit prices contained in this Contract will be used in determining the cost of each KDO. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15% overall. Hinterland Group, Inc. proposes 0% SBE participation.  Hinterland Group, Inc. is a local Palm Beach County company. (Bid No. WUD 12-001/VMG) Districts 2, 3, 5 & 6 (JM) (Further staff review)

 

 


JUNE 19, 2012

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES (Cont’d)

 

                        5.         Staff recommends motion to approve:

 

A) a Second Amendment to the Interlocal Agreement (R2005-0897) for Biosolids Processing and Recycling with the Solid Waste Authority of Palm Beach County (SWA) for the treatment of biosolids generated at the Southern Region Water Reclamation Facility (SRWRF); and

 

B) a Budget Transfer of $860,000 from the System Renewal and Expansion Capital Project  to the Sludge Pelletization Facility Project in the Water Utilities Department’s Capital Improvement Fund to fund this Amendment.

 

SUMMARY:  On May 3, 2005, the Board of County Commissioners (Board) approved an Interlocal Agreement for Biosolids Processing and Recycling with SWA (R2005-0897) (Interlocal Agreement). As part of the wastewater treatment process at SRWRF, biosolids are removed from the water, thereby purifying it.  These biosolids can be either landfilled or beneficially recycled as a fertilizer or soil amendment.  Prior to entering into the Interlocal Agreement, these biosolids were bulk land applied in St. Lucie County. In recent years, land application regulations have become increasingly stringent, resulting in fewer land application sites and higher costs. Biosolids pelletization provides an attractive alternative that will allow for the continued recycling of this product while at the same time meeting existing and future regulations. The resulting pellets are blended with other fertilizer components and then beneficially reused by the public. Under the Interlocal Agreement, the SWA is responsible for the design, construction, operation and maintenance of the regional Biosolids Processing and Recycling Facility, and, in addition, will market the biosolids pellets to various fertilizer manufacturers.  The Facility became operational in 2010. This Second Amendment finalizes the capital cost of the project based on a Settlement Agreement with the Contractor, and authorizes final payment to SWA from WUD in the amount of $852,139. (WUD Project No. 02-196) Countywide (MJ)

 

 

6.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners (BCC) of Palm Beach County, Florida rescinding and replacing in its entirety Resolution R2006-0867, relating to the Water Utilities Advisory Board, in order to modify the appointment procedure for the Lake Region member, and to make additional changes related to eligibility for membership. Summary: The previous Resolution required the appointment of the Lake Region member by consensus of the Commissions of the three (3) Glades Cities.  This process has always been lengthy and is now impracticable given the frequent disagreements among the Cities.  This Resolution allows for the BCC to appoint the Lake Region member At-Large from eligible applicants from the Glades Region. The Resolution also removes the prohibition against members holding appointive or elective office, and updates the eligibility requirements of all members of the Advisory Board to be in compliance with the County’s recently amended Code of Ethics. Countywide (MJ)

 

 


JUNE 19, 2012

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff recommends motion to:

 

A) approve Grant Agreement No. 12-035E in the amount of $9,795 with the Sea Turtle Conservancy (STC) to fund a press kit, public screening fees and venue fees for a Dark Sky Festival, expiring April 30, 2013;

 

B) approve Budget Amendment of $9,795 in the Beach Improvement Fund;

 

C) authorize the County Administrator or his designee to sign all future time extensions, task assignments, certifications, and other forms associated with this Grant Agreement, and necessary minor amendments that do not change the scope of work, terms or conditions of the Grant Agreement; and

 

D) authorize the County Administrator or his designee to sign agreements associated with venue activities reviewed by County Attorney and within the approved budget.

 

SUMMARY: Artificial lighting has impacts on numerous species of wildlife including sea turtles.  Environmental Resources Management will expand the existing Dark Sky Awareness educational campaign by coordinating a one (1) day free public event in the Spring of 2013 that will emphasize the importance of preserving the night sky and provide participants with the knowledge to make more environmentally sound lighting choices.  The STC grant will reimburse $9,795 for project costs using funds from the Florida Sea Turtle License Plate Grant Program.  No County match is required.  The Grant Agreement is effective upon execution by both parties and expires April 30, 2013. Countywide (SF)

 

 

2.         Staff recommends motion to:

 

A) adopt Resolution for the Clerk of the Board to disburse $200,000 from the Vessel Registration Fee Trust Fund to cover costs of construction for the Phil Foster Snorkel Reef Trail and the Peanut Island Artificial Reef Projects; and

 

B) approve Budget Transfer of $200,000 from reserves in the Environmental Enhancement Saltwater Fund (1224) to the Phil Foster Snorkel Reef Trail ($80,000) and Peanut Island Artificial Reef Project ($120,000).

 

SUMMARY: Approve a Resolution and Budget Transfer of $200,000 from Vessel Registration Fees to cover the estimated project costs of $200,000 for the construction of the Phil Foster Snorkel Reef Trail and Peanut Island Artificial Reef Projects. District 1 (SF)

 

 

3.         Staff recommends motion to approve: Contract with Arbor Tree and Land, Inc. in the amount of $4,431,641 for construction of the Florida Department of Transportation & County Wetland Mitigation Project, Project No. 2012ERM02 for a period of 365 calendar days.  SUMMARY:  This Project will provide for excavation, trucking, barging and placement of an estimated 180,000 cubic yards of sand and 7,000 tons of rock to create 13 acres of wetlands as mitigation within a portion of Lake Worth Lagoon.  Six (6) bids were received for this Project.  Arbor Tree and Land, Inc. (ATL), a Palm Beach County company, was the lowest responsive, responsible bidder with 14.92% Small Business Enterprise (SBE) participation.  However, the second low bid falls outside the range for the ranking of responsive bidder consideration. ATL has committed to increasing its SBE participation to 17%.  Funding for this Project includes $3,674,983 from Joint Participation Agreement APJ-29 (R2009-0864) with the Florida Department of Transportation, $340,000 from Palm Beach County Engineering Bridges and Crossings Mitigation Project, and $416,658 from the South Lake Worth Inlet Dredging Project. Districts 3 & 7 (JM)

JUNE 19, 2012

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to receive and file: the following original executed Entertainment Contractor Agreements for County sponsored community events:

 

A) Daniel A. Hess, The Decades concert, Canyon Town Center Amphitheater, on January 7, 2012;

 

B)  Marlow Productions LLC, The Brass Evolution concert, Seabreeze Amphitheater, on January 21, 2012;

 

C)  Peter Noble, Blunts Family Circus concert, Canyon Town Center Amphitheater, on February 4, 2012;

 

D)  Rejean Fecteau LLC, “The Long Run” Eagles tribute band concert, Seabreeze Amphitheater, on February 11, 2012; and

 

E)  Alan Marshall, The Marshall Brothers concert, Canyon Town Center Amphitheater, on March 3, 2012.

 

Summary:  The Parks and Recreation Department produced five (5) recent popular cultural events at our amphitheater facilities during the first quarter of 2012. These events were attended by an estimated 4,720 persons and generated positive support and goodwill for the County.  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 Entertainment Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Assistant Director of the Parks and Recreation Department in accordance with Resolution 2008-1109, amended by Resolution 2010‑0644, and are now being submitted to the Board to receive and file.  Districts 1 & 5 (AH)

 

 

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

 

A)  Valerie Bell, Arts and Crafts Instructor, two-hour afternoon session at Westgate Park and Recreation Center, for the period July 19, 2012, through July 20, 2012;

 

B)  Valerie Bell, Arts and Crafts Instructor, one-hour morning session at Westgate Park and Recreation Center, for the period July 19, 2012, through July 20, 2012; and

 

C)  Building Up Sports Academy, Fishing Camp, John Prince and Okeeheelee Parks, for the period June 11, 2012, through August 18, 2012.

 

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.  These Independent Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Assistant Director of the Parks and Recreation Department in accordance with Resolution 94-422, amended by Resolutions 2002-2103, 2007-0409, and 2012-0168, and are now being submitted to the Board to receive and file. Districts 2, 3 & 7 (AH)

 

 


JUNE 19, 2012

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION (Cont’d)

 

3.         Staff recommends motion to receive and file:  the following original executed Sound and Light Production Services Contractor Agreements:

 

A) City Sound and Recording LLC; Avett Brothers concert, Sunset Cove Amphitheater, for the period February 10, 2012, through February 11, 2012; and

 

B) City Sound and Recording LLC; Jeremy Camp concert, Sunset Cove Amphitheater, for the period March 23, 2012, through March 24, 2012.

 

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 Sound and Light Production Services Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Assistant Director of the Parks and Recreation Department in accordance with Resolution 2009-0592, amended by Resolution 2010-0645, and are now being submitted to the Board to receive and file. District 5 (AH)

 

 

P.        COOPERATIVE EXTENSION SERVICE 

 

1.         Staff recommends motion to approve: Second Amendment to the agreement (R2010-1582) with the Friends of the Mounts Botanical Garden, Inc. for funding of a horticulturist position to assist in the care and maintenance of the Mounts Botanical Garden. Summary:  The Friends of the Mounts Botanical Garden, Inc. will provide funding to the County in amount not to exceed $40,228 ($28,820 for salary and $11,408 for fringe benefits) to support 65.5% of a horticulturist position beginning July 18, 2012 and ending on July 17, 2013. Palm Beach County will be funding the remaining $21,189 ($15,180 for salary and $6,009 for fringe benefits) at a funding level of 34.5% for a total of $61,417. The position will continue to support the Mounts Botanical Garden. District 7 (AH)

 

 

Q.        CRIMINAL JUSTICE COMMISSION

 

1.         Staff recommends motion to:

 

A) ratify the signature of the Chair on the approval of the following two (2) grant proposals to the U.S. Department of Justice for the Edward Byrne Memorial Justice Assistance Grant Program - Local Solicitation for the period from October 1, 2011, through September 30, 2015: 

 

1) the Public Defender Re-entry Program for $94,037;

 

2) the Palm Beach County Adult Drug Court Program for $81,464; and

 

B) authorize the County Administrator or his designee, to execute all related documents or contracts for Palm Beach County’s Federal Fiscal Year 2012 Edward Byrne Memorial Justice Assistance Grant (JAG) Program and to execute all necessary sub-recipient grant agreements for reentry and drug court services.

 

SUMMARY: The Criminal Justice Commission met on April 23, 2012, and approved the recommendations made by the Criminal Justice Commission’s Finance Committee for FY 2013 funds totaling $175,501. No local match is required for the JAG program.  Countywide (PGE)

 

 


JUNE 19, 2012

 

 

3.         CONSENT AGENDA APPROVAL

 

 

S.        FIRE RESCUE 

 

1.         Staff recommends motion to approve: an Affiliate Agreement with 211 Palm Beach/Treasure Coast to remain in force until terminated by either party.  SUMMARY: In July 2000, the Federal Communications Commission designated the three digit number, 2-1-1, nationally to serve as the abbreviated dialing code for access to community information and referral services.  Fire-Rescue requested the Drowning Prevention Coalition (DPC) be added to the 211 referral database.  On February 2, 2010, the Board approved a 211 Palm Beach/Treasure Coast Affiliate Agreement (R2010-0214, as revised by R2010-1145) which is required for each organization wishing to be listed as a referral or a resource to its callers. The DPC agreed to receive clients meeting eligibility criteria set forth in the Resource Information Survey. The 211 Palm Beach/Treasure Coast agreed to be available as a resource to its affiliate’s clients 24 hours a day for telephone counseling and information and/or referral to community resources, such as the DPC. The 211 Palm Beach/Treasure Coast updates its resource database annually (R2011-1412) and is requesting the Board approve a new Affiliate Agreement. Countywide (PK)

 

 

U.        INFORMATION SYSTEMS SERVICES

 

1.         Staff recommends motion to:

 

A) approve the Agreement with the Ferd and Gladys Alpert Jewish Family & Children’s Services, Inc. (JFCS), a non-profit agency, to connect two (2) buildings at separate locations to the Palm Beach County (County) Network at an estimated net first year revenue of $10,200, for an initial term of one (1) year with automatic one (1) year renewals unless notice is given by either party; and

 

B) authorize the County Administrator or his designee, ISS Director, to approve and execute Task Orders associated with these services up to maximum total revenue of $50,000 annually per Task Order.

 

SUMMARY: The JFCS wishes to connect to the Palm Beach County Network in order to receive broadband Internet access at the stated monthly rates. The County’s Information Systems Services (ISS) Department will be responsible for providing Internet services.  The JFCS agrees to reimburse the County for all network-related connection costs totaling $4,805.46.  This Agreement is similar to existing agreements with other nonprofit agencies for network services. This network connection requires the County to pay Florida LambdaRail a third party connection of $100 per month. Countywide (PFK)

 

 

AA.      PALM TRAN

 

1.         Staff recommends motion to approve: Contracts with Seagull Industries for the Disabled, Inc. and Federated Transportation Services, Inc. in the amounts of $100,200 and $135,313 respectively, under which these not-for-profit agencies will be reimbursed, in part, for providing transportation services to certain of their transportation disadvantaged clients during the period October 1, 2011, through September 30, 2012.  Summary:  These contracts will provide partial reimbursement for the costs of transportation services for life sustaining services being provided by Seagull and Federated for their transportation disadvantaged clients during FY 2012 (October 1, 2011, through September 30, 2012). Countywide (DR)

 

 


JUNE 19, 2012

 

 

3.         CONSENT AGENDA APPROVAL

 

 

BB.     SHERIFF

 

1.         Staff recommends motion to approve: a Budget Transfer of $15,200 from the Law Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO). SUMMARY: Florida Statute 932.7055 requires that no less than 15% of the LETF’s previous year’s revenues be used for the support or operation of drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood and school resource officer programs of various non-profit organizations. The PBSO’s FY 2012 estimated donation requirement is $87,670. The funds are requested to aid qualified organizations that meet the requirements set forth in F.S. 932.7055. The PBSO’s support of these programs exemplifies its strong commitment to the prevention and reduction of crime throughout the communities it serves and its desire to put money back into these communities to support organizations that provide such services.  The current State LETF balance is $2,085,497. Approval of this request will reduce the State Law Enforcement Trust Fund balance to $2,070,297. The year-to-date transfer for all donations after approval of this item is $1,085,945.  The PBSO certifies that the use of these funds is in accordance with F.S. 932.7055.  Below is a table indicating the organizations the PBSO seeks to fund and the corresponding amount of funding proposed per respective agency.  No new positions are needed and no additional County funds are required.  Countywide (PGE)

 

ORGANIZATION

AMOUNT

Lake Lytal Lassie League, Inc.

      $10,000

Safety Council of Palm Beach County, Inc.

      $  5,200

                Total Amount of Donations

      $15,200


 

2.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, an Agreement with the City of Miramar, a municipal corporation of the State of Florida, as the fiscal agent for the Ft. Lauderdale Urban Area Security Initiative to provide $32,800 in FY 2009 reimbursable funding for various direct law enforcement oriented domestic security activities effective until April 30, 2012; and

 

B) approve a Budget Amendment of $32,800 in the Sheriff’s Grant Fund.

 

SUMMARY: This Agreement provides a means of funding various domestic security activities within the County and region using federal Urban Area Security Initiative (UASI) funds through the City of Miramar as the Ft. Lauderdale UASI’s fiscal agent. These funds will be used for the regional planning, training and exercise project. There is no match requirement associated with this award. No additional positions are needed and no additional County funds are required. Countywide (PGE)

 

 

 

 


JUNE 19, 2012

 

 

3.         CONSENT AGENDA APPROVAL

 

 

CC.     SUPERVISOR OF ELECTIONS

 

1.         Staff recommends motion to approve: Precinct legal descriptions/boundary changes submitted by Susan Bucher, Supervisor of Elections, as required by section 101.001(1), Florida Statutes.  Summary:  Precinct boundary changes as indicated.  Countywide (TKF)

 

 

 

DD.     TOURIST DEVELOPMENT COUNCIL

 

1.         Staff recommends motion to approve: First Amendment to the Amended and Restated Agreement (R2011-1433) with Discover Palm Beach County, Inc. d/b/a Palm Beach County Convention & Visitors Bureau (“Discover PBC”) for the provision of services under Palm Beach County’s (PBC) Tourist Development Plan during the period of October 1, 2011, through September 30, 2012; amending Exhibit A – FY 2012 budget in the amount of $1,200,000. SUMMARY: This Amendment to the Amended and Restated Agreement amends Exhibit A – the FY 2012 budget in the amount of $1,200,000 for marketing and advertising. (TDC) Countywide (DW)

 

 

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


JUNE 19, 2012

 

 

4.         PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)

 

 

A.        Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Ordinance 2010-006; providing for title; providing for the establishment, purpose, authority, composition, meetings and responsibilities of the Palm Beach County Internal Audit Committee; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the code of laws and ordinances; and providing for an effective date. SUMMARY: The Audit Committee has been conducting a review of its duties and responsibilities as established in Ordinance 2010-006, known as the Palm Beach County Internal Audit Committee Charter Ordinance, and has identified several revisions they believe are necessary.  The revisions are recommended to reflect the Committee’s advisory role relative to the Board of County Commissioners and the County Internal Auditor, and to clarify that the Committee has oversight authority for actions the County Internal Auditor is responsible for taking.  Countywide (PFK)

 

 

B.        Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Ordinance 2010-007; providing for title; providing for general matters, duties, responsibilities and independence of the County Internal Auditor; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the code of laws and ordinances; and providing for an effective date. SUMMARY: The Audit Committee has been conducting a review of the duties and responsibilities of the County Internal Auditor as established in Ordinance 2010-007, known as the Palm Beach County Internal Auditor Ordinance, and has identified several revisions they believe are necessary.  The revisions are recommended to reflect the Committee’s approval role for the annual audit plan, to revise the process relative to audits requested by a Board of County Commission (BCC) member, to establish a formal recommendation follow up and reporting program, to establish a process for review and approval of the annual budget for the Office of the County Internal Auditor, and to revise the distribution process for audit reports.  The revisions also clarify the expected relationship between the County Internal Auditor and the Palm Beach County Inspector General.  In addition, the BCC at its April 24, 2012 workshop directed inclusion of solicitation of input from county officials in the development of the annual audit plan as part of the ordinance.  Countywide (PFK)

 

 

C.        Staff recommends motion to:

 

A) conduct a public hearing as required by the Brownfields Redevelopment Act (the Act) set forth in Sections 376.77-376.85, Florida Statutes to designate the former Pike Utilities property located at 4220 Charleston Street a Brownfield Area; and

 

B) advertise for public hearing on Tuesday July 10, 2012 at 9:30 a.m. a second public hearing as required by the Act to designate the former Pike Utilities property located at 4220 Charleston Street a Brownfield Area.

 

Summary: On April 5, 2011, the Palm Beach County Board of County Commissioners approved an Interlocal Subgrant Agreement with Treasure Coast Regional Planning Council (TCRPC) to facilitate Brownfields cleanup and redevelopment of the former Pike Utilities property owned by the County. As part of this process, staff now wishes to designate the property as a Brownfield Area pursuant to the Act.   Per Section 376.80(2)(a), Florida Statutes, two (2) public hearings are required in order to designate the property as a Brownfield area.  The TCRPC has agreed to allocate from the Environmental Protection Agency (EPA) Brownfields Assessment federal grant funds to the County $98,550 toward additional site assessment and to provide technical and administrative assistance in compliance with the EPA Grant Agreement. The total project cost for voluntary cleanup is anticipated to be less than $400,000 with funding in excess of the EPA Brownfields Assessment grant funding coming from WUD's revenues.  Designation of the property requires that the Board consider the criteria set forth in Section 376.80(2)(a), Florida Statutes, and also that the Board determine that the designation meet the requirements of Section 376.80(2)(b), Florida Statutes.  A staff report reviewing the criteria/requirements is attached to the Agenda Item. District 2 (MJ)


JUNE 19, 2012

 

 

4.         PUBLIC HEARINGS CONTINUED

 

 

D.        Staff recommends motion to:

 

A) approve Road Program Findings of Fact (per Article 12.N.4.B of the Unified Land Development Code), with a supermajority affirmative vote, that the deletion of two (2) construction projects will not result in any Link or Intersection on the road network operating at greater than the adopted LOS (level of service), and that no project which was approved and phased based upon such assured construction would be denied building permits because of the deletion of the construction. The two (2) projects that have met this criteria are the deletion of construction of Jog Road (Roebuck Road to south of 45th Street), and Palmetto Park Road (0.7 miles west of Powerline Road to 0.5 miles west of Military Trail); and

 

B) adopt an Ordinance amending Ordinance No. 85-40, as amended, establishing an amended Five Year Road Program (Program); providing for title; purpose; adoption of revised Program and revised list of projects contained in Exhibit “A”; implementation of the Program; modification of 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: In accordance with Article 12.N.4.B of the Unified Land Development Code, and prior to the deletion of any construction project from the County’s Program, the Board of County Commissioner’s (Board) must determine that the Findings of Fact have been made.  Since the development and adoption of the County’s Program on December 1, 2011, the progress and evolution of current and near term projects has continued to be monitored. Traffic counts, costs and revenues have been updated. Revisions are being proposed to modify the Program to reflect this updated information. A Mid Year Ordinance Amendment with a preliminary reading and a public hearing is required in order to accomplish this. On June 5, 2012, the Board approved this Amendment on preliminary reading and authorized advertisement for today’s Public Hearing for final adoption. Countywide (MRE)

 

 

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


JUNE 19, 2012

 

 

5.         REGULAR AGENDA

 

 

A.        COUNTY ATTORNEY

 

1.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, approving the issuance of not exceeding $100,000,000 Housing Finance Authority of Palm Beach County, Florida, Homeowner Revenue Bonds, Multiple Series (the “Bonds”) within the meaning of Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”).  SUMMARY: The Bonds are being issued by the Housing Finance Authority of Palm Beach County, Florida (the “Authority”) to implement its Single Family Homeowner Revenue Bond Program (the "Program"), which Program is for the purpose of providing to qualified mortgagors mortgage financing for owner-occupied, single family residential housing facilities within the Authority’s area of operation.  The Authority retains Bryant Miller Olive P.A. and Greenberg Traurig, P.A. as its bond and disclosure counsel on a rotating basis.  However, it has not yet been determined which of these firms will fill these roles in the event the Bonds are issued as set forth above.  Neither the taxing power nor the faith and credit of the County, nor any County funds, shall be pledged to pay principal or redemption premiums, if any, or interest on the Bonds. Countywide (PFK)

 

 

2.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, approving the issuance of not exceeding $6,800,000 Housing Finance Authority of Palm Beach County, Florida, Multifamily Housing Revenue Debt Obligations (Pine Run) (the “Debt Obligations”) and of Citibank, N.A. or an affiliate thereof as the payee, within the meaning of Palm Beach County Ordinance No. 2002-022, of the Debt Obligations.  SUMMARY: The Debt Obligations are being issued by the Housing Finance Authority of Palm Beach County, Florida (the “Authority”), to finance the costs of the acquisition, construction and/or equipping by HTG Palm Beach II, LLC (the “Borrower”) of a not to exceed 70 unit multifamily rental housing facility to be known as Pine Run, to be located at the northwest corner of Melaleuca Lane and Suburban Pines Drive, in unincorporated Palm Beach County (the “County”), to be rented to qualified persons and families as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”). The Debt Obligations will be payable solely from revenues derived from the Borrower and/or other collateral provided by or on behalf of the Borrower. Bryant Miller Olive is Bond Counsel to the Authority with respect to the Debt Obligations. There will be no underwriter for the Debt Obligations since the Authority will deliver the Debt Obligations directly to Citibank, N.A. or an affiliate thereof, as the purchaser thereof.  Neither the taxing power nor the faith and credit of the County nor any County funds are pledged to pay the principal, redemption premium, if any, or interest on the Debt Obligations.  District 2 (PFK)

 


JUNE 19, 2012

 

 

5.         REGULAR AGENDA

 

 

B.       Parks & RECREATION

 

1.         Staff recommends motion to approve: 

 

A) reallocation of $150,000 within the 2002 $50 Million Recreational and Cultural Facilities Bond referendum from Expanding and Preserving Our Cultural Heritage, Inc. (EPOCH) and the City of Delray Beach for construction of the C. Spencer Pompey Amphitheater to the City of Delray Beach for the Pompey Park Baseball Field Renovation project ($92,629) and the County’s Peanut Island Lifeguard Room project ($57,371);

 

B) Interlocal Agreement with the City of Delray Beach for the period of June 19, 2012, through December 18, 2013, in an amount not-to-exceed $92,629 for funding the Pompey Park Baseball Field Renovation project; and

 

C) Budget Transfer of $150,000 within the 2002 $50 Million Recreational and Cultural Facilities Bond referendum from C. Spencer Pompey Amp/Pass-Through to Pompey Park Baseball Field Renovation ($92,629) and Peanut Island Lifeguard Room ($57,371).

 

Summary: The District 7 Commissioner has identified $150,000 from the $50 Million Recreational and Cultural Facilities Bond that she is requesting the Board redirect to Delray Beach for the renovation of Pompey Park's three (3) baseball fields and concession stand ($92,629) and the County’s Peanut Island Lifeguard Room ($57,371). This $150,000 is now available for disbursement due to EPOCH’s cancellation of their amphitheater project. The Board previously allocated $100,000 from the original $250,000 to Old School Square for the purchase of a sound system, and with the proposed reallocations for Delray Beach and Peanut Island, there is no remaining funding from EPOCH’s $250,000 bond allocation. The Interlocal Agreement with the City of Delray Beach allows for the reimbursement of eligible expenses incurred subsequent to February 1, 2012. Districts 1 & 7 (PK)

 

 

2.         Staff recommends motion to approve:  reallocation of $800,000 from the Center for Creative Education, Inc. (CCE) within the 2002 $50 Million Recreation and Cultural Facilities Bond as indicated in the Summary below. Summary: The November 16, 2010 Agreement, R2010-1907, with CCE in an amount not to exceed $800,000 for funding of construction costs for the Center for Creative Education lapsed on May 16, 2012. District 2 and 7 Commissioners propose to reallocate the $800,000 as follows:

 

·         $550,000 to CCE for construction costs for the Center for Creative Education revised Project ($250,000 from District 2 and $300,000 from District 7);

·         $100,000 to the City of Greenacres for Construction of the Greenacres Historical Museum (District 2);

·         $50,000 to the Town of Mangonia Park for Community Center Improvements and renovation of an existing Town building to create a Senior Center (District 7); and

·         $100,000 to supplement existing funding for the County’s Gramercy Park project (District 7).  Districts 2 & 7 (PK)

 

 

 

 


JUNE 19, 2012

 

 

5.         REGULAR AGENDA

 

 

C.       COMMUNITY SERVICES

 

1.         Staff recommends motion to approve:

 

A) Modification No. 002 of the Community Services Block Grant (CSBG) Contract (R2011-1313) with the State of Florida Department of Economic Opportunity for the period of October 1, 2011, to September 30, 2012, in the amount of $119,407 for self-sufficiency services to low income families;

 

B) Budget Amendment of $143,289 in the Community Action Program (CAP) Fund to establish the additional funding and corresponding required match contingent upon the grant award; and

 

C) Budget Transfer from the General Fund, Contingency Reserves to the CAP Fund to provide required match of $23,882 contingent upon the grant award.

 

SUMMARY:  Modification No. 002 will increase funds by $119,407 for a new CSBG total of $1,267,374.  An additional required match of $23,882 brings the new CSBG Contract total to $1,520,849. The additional funding will enable CAP to provide self-sufficiency services to approximately 220 additional low income clients. The program offers employment support, rental and mortgage assistance, and utility assistance to eligible clients. The focus of the program is to increase community-based collaboration enabling the program to provide more services to individuals and families and to expand certification and training programs for low income individuals and families that enable them to become more self-sufficient. The additional County required match funds are not included in the FY 2012 budget. (Community Action Program) Countywide (TKF)

 

 

d.       facilities development & operations

 

1.         Staff requests Board direction: regarding options to accommodate the interim facilities requirements of the Tourist Development Council (TDC) and related agencies of Convention & Visitors Bureau, Sports Commission, and the Film & Television Commission.  SUMMARY: At the March 27th Workshop, the Board concluded the Airport Center was the preferred location for meeting the TDC and related agencies’ long term space needs, and directed Staff to attempt to negotiate a five (5) year extension of TDC’s existing lease at Regions Financial Tower at a reduced rate to meet TDC’s interim needs.  Regions Financial Tower submitted a proposal which would save TDC roughly $93,000 over a five (5) year extension. Staff believes that Regions Financial Tower has not provided a sufficient rental reduction. Staff believes that there are acceptable alternatives which would save TDC as much as $420,000 over the same five (5) year period, even taking into account the move costs.  The Board’s options are to: 1) accept Regions proposed terms; 2) make a counter offer; or 3) direct Staff to conduct a Request for Proposal process to find alternate leased space for the period from August 2014 through 2019. (TDC&FDO/PREM) Countywide (DW)

 

 


JUNE 19, 2012

 

 

5.         REGULAR AGENDA

 

 

E.       ENVIRONMENTAL RESOURCES MANAGEMENT

 

            TIME CERTAIN 10:30 A.M.

1.         Presentation on the proposed Beach Management Program by the Department of Environmental Protection.

 

 

2.         DELETED: Staff recommends motion to approve: Amendment to Contract No. GC680 (R2007-0882) with the Florida Department of Environmental Protection (FDEP) for activities in the Pollutant Storage Tank Compliance Verification Program.  SUMMARY:  Contract No. GC680 is a ten (10) year contract with the FDEP that began on July 1, 2007 and runs through June 30, 2017.  This contract is being amended to now include performing compliance inspections in Martin and St. Lucie Counties.  Funding is through the State’s Florida Inland Protection Trust Fund payable through Annual Task Assignments issued by the FDEP. This is a non-ad valorem program and no fiscal impact is anticipated.  Countywide (SF) (State document delayed; moved to June 26, 2012)

 

 

 

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


JUNE 19, 2012

 

 

6.         BOARD APPOINTMENTS

 

 

A.        ADMINISTRATION

(Workforce Alliance, Inc. Youth Outreach Committee)

 

1.         Staff recommends: the following appointments to the Workforce Alliance, Inc. Youth Outreach Committee (“Youth Council”) for the period June 27, 2012, through June 26, 2015:

 

Nominee/

Appointment

Seat No.

 

Nominated By

Dr. Mel Coleman

1

Nova Southeastern University

Gaetana Ebbole

2

Children Services Council

Ed Gruvman

3

Nutrition S’Mart

Peter Licata

4

School District of Palm Beach County

Dr. Barbara Gerlock

5

Circuit 15 Juvenile Justice Board

Feirmon Johnson

6

Florida Department of Juvenile Justice

Dorothy Ellington

7

Delray Beach Housing Authority

Michelle Fulse

8

Workforce Alliance, Inc.

Andante Hurst

9

Workforce Alliance, Inc.

Robert Brewster

10

Cornerstone Solutions

Steven Parrish

11

Workforce Alliance, Inc.

Dr. Melody Sanger

12

Drug Study Institute

Channell Wilkins

13

Palm Beach County Community Services Department

 

Summary: The membership of the Workforce Alliance, Inc. (Alliance) Youth Council conforms to the requirements of the Workforce Investment Act (WIA) of 1998, WIA 117(h)(1)-(3) and 20 CFR 661.335 and the Workforce Innovation Act of 2000. Per WIA there shall be established, as a subgroup within each local board, a Youth Council appointed by the local board, Workforce Alliance, Inc., in cooperation with the Chief Elected Official, Palm Beach County Board of County Commissioners, for the local area. The Workforce Accountability Act, 445 F.S. approved by the Florida Legislature effective July 1, 2012 requires that Alliance establish a Youth Council subject to the approval of the Palm Beach County Board of County Commissioners as Chief Elected Official. The Alliance Youth Council is comprised of fourteen members recommended by the Alliance Board of Directors with representatives appointed in accordance with WIA. Countywide (TKF)

 

 

B.        PLANNING, ZONING & BUILDING

(Construction Board of Adjustment and Appeals)

 

1.         Staff recommends a motion to approve: reappointment of the following individual to the Construction Board of Adjustment and Appeals (CBAA) for the term of June 20, 2012, to June 19, 2015:

 

Reappoint                Seat                 Requirement                       Nominated By

Michael Walker          6                    HVAC Contractor                 CIMC

 

SUMMARY: Palm Beach County Ordinance 89-31 created the Construction Board of Adjustment and Appeals.  Michael Walker is nominated by the Construction Industry Managements Council of Palm Beach County (CIMC), with a term of office of three (3) years. The nomination represents the HVAC contractor member of the Board as required by the Palm Beach County Ordinance 2012-006, as amended, Palm Beach County Amendments to the Florida Building Code, 2010 Edition. The Board is comprised of nine (9) members consisting of one (1) registered architect; one (1) registered engineer; one (1) general contractor; one (1) electrical contractor; one (1) HVAC contractor; one (1) plumbing contractor and any other contractor licensed category.  In addition to these members, there should be two (2) alternate members, one (1) member with the qualifications referenced above and one (1) member at-large from the public. (Building Division) Countywide (SF)

 


JUNE 19, 2012

 

 

6.         BOARD APPOINTMENTS

 

 

C.        WESTGATE/BELVEDERE HOMES COMMUNITY REDEVELOPMENT AGENCY

(Westgate/Belvedere Homes CRA)

 

1.         Staff recommends motion to approve:  the appointment/reappointment of the following two (2) individuals for completion of the unexpired term for Seat No. 2 until May 31, 2013, and Seat No. 6 for the term June 19, 2012, through May 31, 2016:

 

Name                              Seat No.                           Nominated by

Appoint

Joseph H. Kirby                    2                                  Commissioner Priscilla A. Taylor

                                                                                    Commissioner Karen T. Marcus

                                                                                    Commissioner Paulette Burdick

 

Reappoint

Ronald L. Daniels                6                                  Commissioner Priscilla A. Taylor

                                                                                    Commissioner Karen T. Marcus

                                                                                                                  Commissioner Paulette Burdick

 

Summary: The Westgate/Belvedere Homes Community Redevelopment Agency (Westgate CRA) Board consists of seven (7) At-Large members from the general public and local businesses within the CRA boundaries.  Ordinance No. 89-6 requires that the Palm Beach County Board of County Commissioners (BCC) appoint the Westgate CRA Board Commissioners.  The Westgate CRA is seeking to appoint two (2) candidates to complete an unexpired term for Seat 2 and a re-appointment term for Seat No. 6. Mr. Joseph H. Kirby, a business owner, has expressed a willingness to complete the unexpired term of Seat No. 2 which is vacant due to a resignation. Mr. Ronald L. Daniels, a business owner, has expressed a willingness to be re-appointed for Seat No. 6.  At the May 14, 2012, board meeting, Mr. Joseph H. Kirby and Mr. Ronald L. Daniels were nominated by the Westgate CRA Board and residents to be recommended for appointment by the BCC. The Commissioners were notified of the vacancies by the Westgate CRA on May 15, 2012. District 7 (RB)

 

 

D.        ENVIRONMENTAL RESOURCES MANAGEMENT

                        (Groundwater and Natural Resources Protection Board)

 

1.         Staff recommends motion to approve: one (1) appointment of an at-large member to the Groundwater and Natural Resources Protection Board (GNRPB) for a term beginning June 19, 2012, through July 30, 2013:

 

Nominee                     Seat #              Representing             Nominated By

Kirt Rusenko                    4                  Biologist or Chemist     Commissioner Abrams

                                                                                                                                    Commissioner Burdick

                                                                                                                                    Commissioner Marcus

 

SUMMARY:  Ordinance 92-20, as amended and Article 2.G.2.F of the Unified Land Development Code (ULDC) provide for a seven (7) member GNRPB. The membership consists of one (1)   professional engineer, one (1) attorney, one (1) hydrologist or hydrogeologist, one (1) citizen with business management expertise, one (1) biologist or chemist, one (1) member of an environmental organization, and one (1) concerned citizen of PBC.  Ordinance 92-20, as amended, and Article 2.G.2.F of the ULDC requires Seat No. 4 to be filled by a Biologist or Chemist.  The nominee was provided by the Treasure Coast Chapter of the Florida Association of Environmental Professionals and will complete the term for Mr. Jason Moretz, Seat No. 4 incumbent, who has resigned and relocated out of State.  No other nominations were received. Countywide (SF)

 

 


JUNE 19, 2012

 

 

6.         BOARD APPOINTMENTS

 

 

E.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

(Impact Fee Review Committee)

 

1.         Staff recommends motion to approve:

 

A) the appointment of Robert Gottlieb to the following seat on the Impact Fee Review Committee for the three (3) year term June 19, 2012, through June 18, 2015:

 

Nominee                     Seat No.                      Requirement              Nominated By

Robert Gottlieb                 1                             Municipal                     Commissioner Vana

                                                                                                            Commissioner Abrams

                                                                                                            Commissioner Marcus

                                                                                                            Commissioner Burdick

 

B) the appointment of Scott Worley to a regular seat on the Impact Fee Review Committee for the remainder of the unexpired three (3) year term June 19, 2012, through October 3, 2014:

 

Nominee                     Seat No.                      Requirement              Nominated By

Scott Worley                    6                              Business                      Commissioner Marcus

                                                                                                            Commissioner Burdick

 

SUMMARY: The Impact Fee Review Committee is composed of seven (7) members and three (3) alternate members appointed by the Board of County Commissioners. The membership of the committee includes three (3) representatives from municipalities, three (3) representatives from the business community, and one (1) member selected at-large.  The alternate members include one (1) representative from each of the categories above.  Robert Gottlieb’s appointment would fill a vacancy on the Impact Fee Review Committee created by a member resignation in 2011.  Scott Worley is currently serving on the Impact Fee Review Committee as an alternate member.  A regular seat vacancy was created with the recent resignation of Joe Pollock. This agenda item would allow Scott Worley to complete Joe Pollock’s unexpired term on the Committee as a regular seat appointee. Countywide (LB)

 

 

F.         COMMISSION DISTRICT APPOINTMENTS

 

 

 

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


JUNE 19, 2012

 

 

7.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

 

 

 

 

 

B.        COUNTY ATTORNEY

 

 

 


JUNE 19, 2012

 

 

 

8.         COMMISSIONER COMMENTS

 

A.        District 1 - COMMISSIONER KAREN T. MARCUS

 

 

 

 

 

 

B.        District 2 – COMMISSIONER PAULETTE BURDICK

 

 

 

 

 

 

 

C.        District 3 - COMMISSIONER SHELLEY VANA, CHAIR

 

 

 

 

 

 

 

D.        District 4 – COMMISSIONER STEVEN L. ABRAMS, VICE CHAIRMAN

 

ADD-ON: Request approval to present off-site, a Proclamation declaring June 21, 2012 as “Tim Snow Day” in Palm Beach County.

 

 

 

 

 

E.        District 5 - COMMISSIONER BURT AARONSON

 

 

 

 

 

 

F.         District 6 - COMMISSIONER JESS R. SANTAMARIA

 

 

 

 

 

 

G.        District 7 - COMMISSIONER PRISCILLA A. TAYLOR

 

 

 

 

 

 

9.         ADJOURNMENT

 

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