ORDER OF
BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
DECEMBER 4, 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
C. Special
Presentations (Page 6)
3. CONSENT
AGENDA (Pages 7 - 28)
4. REGULAR
AGENDA (Pages 29 - 32)
TIME
CERTAIN 10:30 A.M. (Wage Theft) (Page 29)
5. BOARD
APPOINTMENTS (Pages 33 - 35)
6. MATTERS BY THE PUBLIC – 2:00 P.M. (Page 36)
7. STAFF
COMMENTS (Page 37)
8. COMMISSIONER
COMMENTS (Page 38)
9. ADJOURNMENT (Page 38)
* * * * * * * * * * *
DECEMBER 4, 2012
TABLE OF
CONTENTS
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 6
2C-1 Certificate of Commendation to William C.
Ferris
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Streetlights
for Limestone Creek and Cabana Colony neighborhoods
B. CLERK & COMPTROLLER
Page 7
3B-1 Warrant
list
3B-2 Minutes:
None
3B-3 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Amendment
No. 5 with FDOT relating to C-51 Bridge at SR 7/SR 80
3C-2 Subordinations of utility interest with FPL
and Seacoast Utility, and Subordination of drainage easement relating to Roan
Court
3C-3 Subordination
of utility interest with FPL relating to Community Drive
Page 9
3C-4 Joint Participation and Project Funding
Agreement with Town of Jupiter relating to improvements to Central Boulevard
3C-5 Highway Maintenance Memorandum of Agreement
with FDOT for construction of Jog Road (Gun Club Rd to Wallis Rd)
3C-6 Amendment
No. 1 with FDOT regarding State Road 7 irrigation and landscaping
D. COUNTY ATTORNEY
Page 10
3D-1 Amendments to Legal Services Authorizations
with de la Parte & Gilbert and Sundstrom, Friedman & Fumero
E. COMMUNITY SERVICES - None
F. AIRPORTS
Page 10
3F-1 Receive and file four Extensions of Time to
FDOT Joint Participation Agreements
Page 11
3F-2 Supplemental
Joint Participation Agreement No. 2 with FDOT relating to rehabilitation of
Taxiway M at North Palm Beach County General Aviation Airport
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 11
3G-1 Negotiated
settlement offer with Thomas & Cassandra Veit for code enforcement lien
3G-2 Negotiated
settlement offer with Gregory Pashkow for code enforcement lien
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 12
3H-1 Easement in favor of Lake Worth Drainage
District for canal maintenance across County property south of Forest Hill Boulevard
3H-2 Third option to extend Concessionaire Service
Agreement with Dania Pier Management Corp. for use of concession building at
Juno Beach pier
3H-3 Second option to extend Lease Agreement with
Robert Weatherbee to provide food service at Vista Center (2300 Building)
DECEMBER 4, 2012
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
Page 13
3H-4 Utility
Easement Agreement in favor of FPL for overhead electrical service for Hagen
Ranch Road Library
3H-5 Contract with Fastrack Management &
Consulting to provide new water treatment equipment at Emergency Operations
Center
3H-6 Amendment
No. 2 to six annual roofing contracts
I. ECONOMIC SUSTAINABILITY
Page 14
3I-1 Receive
and file four Agreements and ten Amendments under various federal/state program
Page 15
3I-2 Amendment No. 1 with Town of Mangonia Park
regarding playground improvements at Addie Green Public Park
3I-3 Amendment No. 1 with Palm Beach County
Housing Authority for replacement of fire and smoke alarm system at Drexel
House Apartments
3I-4 Resolution approving ADT, LLC as Qualified
Target Industry business`
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 15
3K-1 Work Authorization No. 6 with Globaltech,
Inc. for regional wastewater pump Station No. 5241 improvements
Page 16
3K-2 First Amendment with United Technologies
Corp. and Beeline Community Development District relating to the potable water
and wastewater development agreement
3K-3 CSA
No. 8 with Carollo Engineers, Inc. for filter replacement at WTP No. 2
3K-4 Supplemental
No. 2 with AKA Services for North County Airport Utility improvements
Page 17
3K-5 First Amendment to Standard Potable Water
and Wastewater Development Agreement and an Indemnity/Restoration Agreement
with KRG/Atlantic Delray Beach
3K-6 Interlocal Agreement with Village of Royal
Palm Beach to provide a berm and landscape improvements under the County’s
Northern Region Operations Center project
3K-7 Contract with Lanzo Lining Services, Inc.
for inflow and infiltration improvements for the Glades Utility Authority City
of Pahokee
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 18
3L-1 Grant Agreement with FDEP relating to Ocean
Ridge Beach Nourishment project
3L-2 Change
Order No. 5 with Brang Construction Incorporated relating to South Cove Natural
Area project
M. PARKS & RECREATION
Page 19
3M-1 Vending
Service Agreement with Florida Division of Blind Services to provide vending
machine services at County Parks & Recreation facilities
3M-2 Receive and file three Independent Contractor
Agreements
Page 20
3M-3 FIND
Waterways Assistance Program Grant Project Agreement relating to Burt Reynolds
Park improvements
3M-4 FIND Waterways Assistance Program Grant relating
to design/permitting of Waterway Park
Page 21
3M-5 Ratify
signature on Florida Coastal Partnership Initiative Grant Application for
Jupiter Beach Park Restoration/Enhancement project
3M-6 Ratify
signature on Florida Recreation Development Assistance Program Grant
Application for John Prince Memorial Park improvements
DECEMBER
4, 2012
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS & RECREATION (Cont’d)
Page 22
3M-7 Ratify signature on Florida Recreation
Development Assistance Program Grant Application for Okeeheelee Park South
improvements
3M-8 Project
Agreement Amendment with FIND Waterways Assistance Program Grant regarding
staging dock in Burt Reynolds Park
Page 23
3M-9 Budget Transfer to Green Nature Center
improvements
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE
Page 23
3P-1 Urban and Community Forestry Grant
Memorandum of Agreement with Florida Department of Agriculture and Consumer
Services for funding part-time program assistant for urban forestry program
Q. CRIMINAL JUSTICE COMMISSION - None
R. HUMAN RESOURCES - None
S. FIRE RESCUE - None
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 23
3U-1 Interlocal Agreement with Village of
Wellington for geographic data sharing
Page 24
3U-2 Task Orders relating to digital
orthophotography and planimetric mapping services
3U-3 Agreement for IT services with Palm Beach
County Law Enforcement Exchange, Inc.
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 24
3X-1 Agreements
with City of Pahokee to provide grant funding for Continuity of Operations Plan
update and an evacuation and re-entry plan
Page 25
3X-2 Memorandum of Understanding with PBSO
relating to Geographic-based Notification System
3X-3 Modification
to reinstate/extend Emergency Management Performance Grant 2010 Agreement with
Florida Division of Emergency Management
3X-4 Contract
with 211 Palm Beach/Treasure Coast, Inc. for phone emergency crisis counseling
services
Page 26
3X-5 Agreement
to reinstate/extend contract with Children’s Home Society of Florida to provide
consulting/professional services in the area of family drug court/dependency
proceedings
3X-6 Pricing
Schedule with AT&T relative to County’s Next Generation 911 System
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN - None
DECEMBER 4, 2012
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
BB. SHERIFF
Page 27
3BB-1 Budget Transfer from Law Enforcement Trust Fund to various drug and
crime prevention and education programs
CC. WESTAGE/BELVEDERE HOMES COMMUNITY REDEVELOPMENT AGENCY
Page 28
3CC-1 Modification No. 3 to subgrant
agreement with Florida Division of Emergency Management relative to L-2 Canal
stormwater pump station construction
3CC-2 Change Order No. 1 with Giannetti
Contracting Corporation for Westgate/Belvedere Homes infrastructure
improvements
REGULAR AGENDA
ADMINISTRATION
Page 29
4A-1 2013 Draft State Legislative Program
4A-2 Resolution establishing Wage Theft policy – TIME
CERTAIN 10:30 A.M.
COUNTY ATTORNEY
Page 29
4B-1 Application of Bright Futures Academy
Charter School, Inc. for Florida Revenue Bonds
ENGINEERING &
PUBLIC WORKS
Page 30
4C-1 Five Year Road Program Ordinance
OFFICE OF
FINANCIAL MANAGEMENT & BUDGET
Page 30
4D-1 Refund
to Florida Division of Emergency Management relating to de-obligation of
Hurricanes Frances, Jeanne and Wilma claims
PARKS &
RECREATION
Page 31
4E-1 Aqua Crest Pool facility proposed lease with
City of Delray Beach
PLANNING, ZONING
& BUILDING
Page 31
4F-1 Interlocal Agreement with Village of Palm
Springs providing for annexation of one enclave
ECONOMIC
SUSTAINABILITY
Page 32
4G-1 Economic Development Ad Valorem Tax Exemption Ordinance
BOARD
APPOINTMENTS (Pages 33 - 35)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 36)
STAFF
COMMENTS (Page 37)
COMMISSIONER
COMMENTS (Page 38)
ADJOURNMENT (Page 38)
DECEMBER 4, 2012
2C. SPECIAL PRESENTATIONS – 9:30 A.M.
1. Certificate
of Commendation to William C. Ferris. (Sponsored by Commissioner Abrams)
2. ADD-ON: Certificate of Appreciation to
Lorraine Herdeen. (Sponsored by Commissioner Abrams)
* * * * * * * * * * * *
DECEMBER 4, 2012
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to approve:
A) Expenditure of
$180,000 to complete Phase 2 of the
installation and 20 years maintenance of 30 “cobra head” streetlights within
the Limestone Creek Countywide Community Revitalization Team (CCRT) area;
B) Expenditure of
$40,000 to extend the maintenance for 20
"cobra head" streetlights in the Cabana Colony area for approximately
10 additional years for Phase 1;
C) Budget Transfer
of $220,000 in the Capital Outlay Fund from the CCRT Street Lighting Project
account to the Limestone Creek Street Lighting Project ($60,000 for
installation) and to the CCRT Street Lighting Maintenance Fund for Limestone
Creek ($120,000) and Cabana Colony ($40,000); and
D) Budget Amendment
of $160,000 in the CCRT Street Lighting Maintenance Fund to recognize and
appropriate the budget transfer from the Capital Outlay Fund.
SUMMARY: The
Limestone Creek street lighting project was initiated by members of the
Limestone Creek neighborhood group. The total amount of funding provided
for this project is $180,000. Based on review by the Palm Beach County
Sheriffs’ Office and the Office of Community Revitalization staff, it was
determined that the installation of these streetlights would help reduce crime,
enhance pedestrian safety and facilitate safer vehicular movement. The Cabana Colony Street Lighting Project Phase 1
was approved by the Board of County Commissioners
on September 9, 2008. The project entailed the installation and 10-year maintenance of 20 cobra head streetlights within
the Cabana Colony neighborhood. A total of $40,000 was allocated to this
project. The requested transfer of $40,000 is needed to extend the maintenance of the lights for an additional 10
years. District 1 (AH)
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff
recommends motion to approve: the
following final minutes of the Board of County Commissioners= meetings:
None
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
DECEMBER 4, 2012
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. REVISED TITLE & SUMMARY: Staff
recommends motion to:
A) adopt a Resolution approving Amendment Number Five
to the Transportation Regional Incentive Program (TRIP) Agreement
R2008-0939 with the State of Florida Department of Transportation (FDOT),
approved on June 3, 2008, to reduce the FDOT TRIP funding and increase the FDOT
non-TRIP funding for construction and construction engineering inspection of
the C-51 Bridge at the State Road 7/State Road 80 Intersection project (Project) and extend the expiration date to
June 30, 2013; and
B) approve a Budget Amendment
of $1,943,843 $2,051,646 in the Road Impact Fee Fund – Zone 3 to
recognize a TRIP agreement with FDOT and appropriate it to the Project.
SUMMARY: Approval of Amendment Number Five to
the Agreement will reduce the FDOT TRIP funding and increase the FDOT non-TRIP
funding to match the awarded construction contract amount. It will also extend
the expiration date of the TRIP agreement to June 30, 2013. A Palm Beach County (County) match of $654,651
$708,613 is required and represents the County’s share of TRIP funding. District 6 
(MRE)
2. Staff recommends
motion to:
A) approve two Subordinations of utility interests and an Agreement
for reimbursement for current and future facility relocations (Subordination
Agreements) with Florida Power and Light Company (FPL) on two parcels of land
known as parcels 100 and 101 located on the west side of Roan Lane, south of
Roan Court;
B) approve a Subordination of utility interests (Utility
Subordination) with Seacoast Utility Authority (Seacoast) on a ten foot strip
of land known as parcel 101 located on the west side of Roan Lane, south of
Roan Court; and
C) accept a Subordination of drainage easement (Drainage
Subordination) from Filippo L. Milio (Milio) on a ten foot strip of land known
as parcel 101 located on the west side of Roan Lane, south of Roan Court.
SUMMARY: Approval
of the two Subordination Agreements from FPL and the Utility Subordination from
Seacoast will release the utility easements on parcels 100 and 101. Acceptance
of the Drainage Subordination will release a drainage easement encumbrance from
Milio on parcel 101. These actions will provide unencumbered ownership of the
parcels to Palm Beach County. District 1 (MRE)
3. Staff recommends
motion to approve: a Subordination of utility interests (Subordination
Agreement) with Florida Power & Light Company (FPL) on a parcel of land
located on the north side of Community Drive at Military Trail. SUMMARY: Oxbridge Academy of the Palm Beaches
(Oxbridge), as part of the platting process is required to provide Palm Beach
County (County) with 895 square feet of additional right-of-way on the north
side of Community Drive for intersection improvements at Military Trail.
Approval of the Subordination Agreement will release an FPL utility easement interest
in said parcel and allow the County to accept a warranty deed from the owner
free and clear of all encumbrances. District
7 (MRE)
DECEMBER 4, 2012
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
4. Staff recommends
motion to approve:
A) a Joint Participation and Project Funding Agreement (Agreement)
with the Town of Jupiter (Town) in the amount of $7,400 for water utility
adjustments and improvements on Central Boulevard from C-18 Canal to Church
Street; and
B) a Budget Amendment of $7,400 in the Road Impact Fee Fund – Zone
1 to recognize reimbursement funding from the Town of Jupiter and appropriate
it to the Central Boulevard/Indiantown Road to Longshore Drive project
(Project).
SUMMARY: Approval of this Agreement will allow Palm
Beach County (County) and the Town to jointly participate in water utility
adjustments and improvements for the Project. The Town agrees to reimburse the
County for the cost of these utility adjustments and improvements. This Budget
Amendment is necessary to reflect the funding by the Town of Jupiter for the
utility improvements to be incorporated into the County’s construction of the
Project. District 1 (MRE)
5. Staff recommends
motion to adopt: a Resolution to approve a Highway Maintenance
Memorandum of Agreement (Agreement) with the Florida Department of
Transportation (FDOT) for construction of Jog Road from south of Gun Club Road
to north of Wallis Road (Project). SUMMARY: Approval of this Agreement will allow FDOT to
construct the Project, which will provide full width paved shoulders. District 2 (MRE)
6. Staff recommends
motion to adopt: a Resolution to approve Amendment Number One to the
Joint Participation Agreement (JPA) with the Florida Department of
Transportation (FDOT) to add E-Verify language and detailed FDOT-permitted
landscape plans as an exhibit regarding Palm Beach County’s (County)
installation of irrigation and landscape in the medians of State Road 7 from
the Broward/Palm Beach County Line to Palmetto Park Road (Project). SUMMARY: Approval of Amendment Number
One to the JPA will add E-Verify language and detailed FDOT-permitted landscape
plans as an exhibit to the JPA. District 5 (MRE)
DECEMBER 4, 2012
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve:
A) Second Amendment to Legal Services Authorization 2011-0352-B with de la
Parte & Gilbert, P.A., for legal services related to water policy issues;
and
B) Second Amendment to Legal Services Authorization 2011-0353-C with
Sundstrom, Friedman & Fumero, LLP, for legal services related to the Glades
Utility Authority.
SUMMARY: On March
15, 2011, the Board of County Commissioners approved agreements with de la
Parte & Gilbert, P.A. (R2011-0352) and Rose Sundstrom & Bentley, LLP
(now known as Sundstrom, Friedman, & Fumero) (R2011-0353) for legal
services related to water utilities issues. Pursuant to those agreements, work
assignments were to be authorized by Legal Services Authorizations. On May 3, 2011, the Board of County
Commissioners approved Legal Services Authorization 2011-0352-B (R2011-0601)
with de la Parte & Gilbert, P.A, for water policy legal services (the
“Water Policy LSA”). The Water Policy
LSA was amended on March 20, 2012 (R2012-0417) to extend its term for a period
of one (1) year. This Second Amendment
to the Water Policy LSA increases the
not-to-exceed amount from $66,800 to $116,800 and is necessary due to ongoing
water policy issues facing the Water Utilities Department. On October 4, 2011, the Board of County
Commissioners approved Legal Service Authorization 2011-0353-C with Sundstrom, Friedman & Fumero, LLP
(R2011-1488) for legal services related to the Glades Utility Authority (the
GUA LSA). The GUA LSA was amended on January 24, 2012 (R2012-0208) to increase
the not-to-exceed amount from $50,000 to $100,000. This Second Amendment to the
GUA LSA increases the not-to-exceed amount from $100,000 to $175,000 and
extends the expiration date from December 21, 2012 until June 30, 2013 and is
necessary to utilize the services of Sundstrom, Friedman & Fumero for
issues relating to the transfer of the GUA utility system to the County. Countywide
(MWJ)
F. AIRPORTS
1. Staff recommends
motion to receive and file: an Extension of Time to
the following Joint Participation Agreements (JPA) with the Florida Department
of Transportation (FDOT):
A) Airfield Taxiway Rehabilitation and Security at Palm
Beach International Airport, Fin. Proj. No.: 414564-1-94-01 approved by the
Board on October 16, 2007 (R2007-1792) and amended April 3, 2012 (R2012-0488),
is hereby extended until May 31, 2013; and
B) Construct Apron and Taxilanes and Miscellaneous GA
Security Improvements at North Palm Beach County General Aviation Airport and
Palm Beach County Glades Airport, Fin. Proj. No.: 416294-1-94-01 approved by
the Board on September 23, 2008 (R2008-1636) and amended January 13, 2009
(R2009-0080) and May 1, 2012 (R2012-0622), is hereby extended until December
31, 2013; and
C) Acquire Land Runway 9L/27R (10L/28R) at Palm Beach
International Airport, Fin. Proj. No.: 416295-1-94-01 approved by the Board on October
7, 2008 (R2008-1741), is hereby extended until December 31, 2013; and
D) Connection to County Water and Wastewater Service at
North Palm Beach County General Aviation Airport, Fin. Proj. No.:
427134-1-94-01 approved by the Board on October 6, 2009 (R2009-1715), is hereby
extended until March 31, 2013.
SUMMARY: Delegation of authority
for execution of the above Extensions of Time to the JPAs with the FDOT was
approved by the Board on October 18, 2011 (Agenda Item No. 3F-11). Countywide
(AH)
DECEMBER 4, 2012
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
2. Staff recommends
motion to adopt: a Resolution approving Supplemental Joint Participation Agreement (SJPA) Number 2 with
the Florida Department of Transportation (FDOT) to amend the original
project description with no increase in funding. SUMMARY: On June 29, 2010, the Board of
County Commissioners (BCC) adopted a resolution (R2010-1009) approving a Joint
Participation Agreement (JPA) (R2010-1010) with the FDOT in the amount of
$55,000 or 80.00% of the eligible project costs, whichever is less, to
rehabilitate Taxiway M at North Palm Beach County General Aviation
Airport. On March 15, 2011, the BCC
adopted a resolution (R2011-0373) approving SJPA Number 1 to include the
E-Verify and scope of work language to the said JPA. SJPA Number 2 amends the
original project description to include apron/runway/taxiway crack sealing with
no increase in funding. Countywide (AH)
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve: a negotiated
settlement offer in the amount of $4,588.72 for the full satisfaction of a Code
Enforcement Lien that was entered against Thomas & Cassandra Veit on May
19, 2008. SUMMARY: The
Code Enforcement Special Master (CESM) entered an Order on February 6, 2008
giving the Veits until March 7, 2008 to obtain a permit for re-roofing work
that was being done on their home. Compliance with the CESM’s Order was not
achieved by the ordered compliance date and a fine in the amount of $50 per day
was imposed. The CESM then entered a claim of lien against the Veits on May 19,
2008. The cited code violation was fully corrected as of June 18, 2008, the
date the permit was issued. The total accumulated lien amount through October
18, 2012, the date settlement discussions began, totaled $9,177.44 of which the
Veits have agreed to pay the County $4,588.72 (50%) for full settlement of
their outstanding Code Enforcement Lien. District 2 (PGE)
2. Staff recommends
motion to approve: a negotiated
settlement offer in the amount of $8,900 for the full satisfaction of a Code
Enforcement Lien that was entered against Gregory Pashkow on August 6, 2008. SUMMARY:
The Code Enforcement
Special Master (CESM) entered an Order on April 2, 2008 giving Mr. Pashkow
until June 2, 2008 to mow the property, repair/replace all damaged windows and
screens, clean up of mold and mildew, repair/replace missing/damaged siding and
screens, repair/replace non-working refrigerator and chest freezer and replace
all missing/damaged electrical outlet covers. Compliance with the CESM’s Order
was not achieved by the ordered compliance date and a fine in the amount of $50
per day was imposed. The CESM then entered a claim of lien against Mr. Pashkow
on August 6, 2008. The cited code violations were fully corrected as of January
16, 2009. The total accumulated lien amount through October 12, 2012, the date
settlement discussions began, totaled $19,270.70 which Mr. Pashkow has agreed
to pay the County $8,900 (46.2%) for full settlement of his outstanding Code
Enforcement Lien. District 2 (PGE)
DECEMBER 4, 2012
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: an
Easement in favor of Lake Worth Drainage District (LWDD) for canal maintenance
across the County property located south of Forest Hill Boulevard, east of the
Turnpike. SUMMARY: The County owns
approximately 768 acres of property on the south side of Forest Hill Boulevard
across from Okeeheelee Park. The County
has developed Okeeheelee Park South, the Sheriff’s K-9 facility, and WUD’s
Central Regional Operations Center on this property. The LWDD’s E-2E canal runs
along the western boundary of the County’s property. The County is in the process of platting the
County’s overall property, and during extensive review of the survey it was
discovered that LWDD did not have easements for portions of the LWDD’s E-2E
canal. This Easement will complete
LWDD’s overall easement requirements along the eastern bank of the E-2E canal
and the western boundary of the County’s property. The combined easement areas
cover 2.37 acres. The Easement is being granted now at no cost to LWDD as it
will ultimately be required to finalize the plat. (PREM) District 2
(HJF)
2. Staff recommends
motion to receive and file: a
notice of exercise of the third
option to extend the term of the Concessionaire Service Agreement (R2007-2256)
with Dania Pier Management Corp., for the continued use of the concession
building at the Juno Beach pier for $54,749.39/year. SUMMARY: Since January 1, 2008, Dania Pier Management
Corp. (DPM) has operated under the current Concessionaire Service Agreement for
the use of the concession building at the Juno Beach pier. DPM now wishes to
exercise the third of three (3) one (1) year extension options for the period
of January 1, 2013, to December 31, 2013. The Annual Rent will be increased by
four percent (4%) from $52,643.64 ($4,386.97/month) to $54,749.39
($4,562.45/month) effective January 1, 2013. The Parks & Recreation Department
is satisfied with DPM’s performance. The Board has no discretionary authority
to deny the exercise of the option; however, the County may terminate this
Agreement upon ninety (90) days written notice to DPM. (PREM) District 1 (HJF)
3. Staff recommends
motion to approve: exercise of the second option to extend Lease
Agreement (R2006-0077) with Robert Weatherbee d/b/a The Sub Division, a sole
proprietor, to continue to provide food services at the County’s Vista Center
2300 Building in West Palm Beach at an annual rate of $8,759.90. SUMMARY:
Since January 1, 2007, Robert Weatherbee d/b/a The Sub Division (Weatherbee)
has been leasing 349 square feet of space in the Lunchroom area to provide food
services at the County’s Vista Center 2300 Building located at 2300 North Jog
Road in West Palm Beach. The initial term of the Lease was for five
years commencing on January 1, 2007, and contained two - one year extension
options subject to Board approval.
Weatherbee has requested the County’s consent to his exercise of the
second and final one year extension option which will extend the term through
December 31, 2013. (PREM) District 2 (HJF)
DECEMBER 4, 2012
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
4. Staff recommends
motion to approve: a Utility Easement Agreement in favor of the Florida
Power & Light Company (FPL) for overhead electrical service within the
County’s Hagen Ranch Road Library property in Delray Beach. SUMMARY: FPL has an existing power pole within the
right-of-way in front of the library which for safety reasons needs to be
relocated approximately 5 feet onto the adjacent library site. The relocation
of the pole will align the overhead power lines over the library site requiring
a 10’ easement. The easement includes
two 10’ easement areas being approximately 88’ and 260’ in length. There is an existing 10’ FPL easement located
between the two proposed easement areas.
The combined easement area total is approximately 3,509 sq. ft. (0.08
acres). This non-exclusive easement is
being granted at no charge as it has no impact on the existing County
facilities and will improve the reliability of electrical service to our
facilities. (PREM) District 5 (HJF)
5. Staff recommends
motion to approve: a Contract with Fastrack Management &
Consulting, Inc. in the amount of $279,168 to provide new water treatment
equipment at the Emergency Operations Center in West Palm Beach. SUMMARY: The existing water treatment system is no
longer operating leaving no backup potable water for the facility during a
critical event. The project will also
provide a new well separating the potable source from the irrigation system.
The funding for this project is from the five year Countywide Repair, Replace
and Renovate account. The Small Business Enterprise (SBE) goal is 15%. Fastrack Management & Consulting, Inc.’s
bid includes SBE participation of 72.5%.
The total construction duration is 120 days. Fastrack Management & Consulting, Inc. is
a Palm Beach County company. (Capital Improvements) District 2 (JM)
6. Staff recommends
motion to approve: Amendment No. 2 to six annual roofing
contracts:
|
Contractor
|
Original Contract Resolution #
|
Status
|
Total Dollar
In Work
Orders to
Date______
|
Total SBE
Participation to Date_____
|
|
A) Advanced Roofing, Inc.
|
R2010-1994
|
Non SBE/
Broward
|
$80,923.00
|
0%
|
|
B) Hi-Tech Roofing & Sheetmetal, Inc.
|
R2010-1993
|
SBE/Local
|
$434,218.11
|
100%
|
|
C) Roofing Concepts Unlimited of Florida,
Inc.
|
R2010-1997
|
Non SBE/
Broward
|
$90,803.51
|
0%
|
|
D) Tecta America South Florida, Inc.
|
R2010-1995
|
Non SBE/
Broward
|
$47,192.20
|
0%
|
|
E) Triple M Roofing Corporation
|
R2010-1999
|
Non SBE/
Broward
|
$3,250.00
|
0%
|
|
F) Tri State Roofing & General
Contractors, LLC
|
R2010-1996
|
SBE/Local
|
$130,115.41
|
100%
|
SUMMARY: These six (6) roofing contractors
were prequalified to provide roof repairs, maintenance, and replacements with a
maximum cumulative value of $1,500,000 across all six (6) contracts and the
contracts were approved by the Board on December 7, 2010. Work is authorized
through either an emergency work order or through competitive bidding when
required during the term of this contract. The original contracts provided for
an initial one year term with four - one year renewal options. Amendment No. 2 will provide for continued
services for the second renewal period.
These contracts have a Small Business Enterprise (SBE) participation goal
of 15%. During the first two years of
these contracts, the combined SBE participation has been 71%. (Capital
Improvements Division) Countywide (JM)
DECEMBER 4, 2012
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to receive and file: four Agreements and ten Amendments to
Agreements, as follows:
A) Agreement with the Pahokee Housing Authority under the 2005 Disaster
Recovery Initiative Program (DRI2);
B) Agreement with the Treasure Coast Regional Planning Council under the
Community Challenge Planning Grant (CCPG);
C) Loan Agreement with HTG Palm
Beach II, LLC under Neighborhood Stabilization Program 2 (NSP2) and the
Home Investment Partnership Program (HOME);
D) Subordination and Intercreditor Agreement with Citibank, N.A., under
NSP2 and HOME;
E) Amendment No. 003 to the Agreement (R2011-1031) with Westgate/Belvedere
Homes Community Redevelopment Agency under NSP2;
F) Amendment No. 001 to the Agreement (R2012-1252) with the City of Riviera
Beach under DRI2;
G) Amendment No. 001 to the Agreement (R2012-0137) with the Housing Authority of the City of Belle Glade
under the 2005 Disaster Recovery Initiative Program - Supplemental
Appropriation (DRI3);
H) Amendment No. 001 to the Agreement (R2012-1006) with Pahokee Housing Authority under the DRI3;
I) Amendment No. 003 to the Agreement (R2011-0618) with the Boca Raton
Housing Authority under DRI3;
J) Amendment No. 003 to the Agreement (R2009-1778) with the Boca Raton
Housing Authority under DRI3;
K) Amendment No. 002 to the Agreement (R2011-0617) with In The Pines, Inc.
under DRI3;
L) Amendment No. 002 to the Agreement (R2011-0621) with Neighborhood
Renaissance, Inc. under DRI3;
M) Amendment No. 002 to the Agreement (R2011-0622) with the Palm Beach
County Housing Authority under DRI3; and
N) Amendment No. 003 to the Agreement (R2011-0615) with the West Palm Beach
Housing Authority under DRI3.
Summary: In accordance with County PPM
CW-0-051, all delegated contracts, agreements and grants must be submitted by
the initiating Department as a receive and file agenda item. The Agreements and Amendments have been fully
executed on behalf of the Board of County Commissioners (Board) by the County
Administrator, or designee, in accordance with Agenda Items R2006-1351,
R2007-1524, R2009-1122, R2010-1338, and 5C-2, approved by the Board on
July 18, 2006, September 11, 2007, July
7, 2009, August 17, 2010, and June 5, 2012, respectively. The Agreements and Amendments are now being
submitted to the Board to receive and file.
The Federal DRI2, DRI3, NSP2, and HOME funds require no local match,
while the Federal CCPG funds require a match which will be met through in-kind
contributions that include staff time and resources from the County and other
partner agencies. (DES Contract Development) Districts 1, 2, 4, 6 &
7 (TKF)
DECEMBER 4, 2012
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY (Cont’d)
2. Staff recommends
motion to approve: Amendment No. 001 to an Agreement (R2012-0247) with
the Town of Mangonia Park extending the expiration date from December 12, 2012,
to June 30, 2013. Summary: On February 7, 2012, the County entered into
an Agreement (R2012-0247) with the Town of Mangonia Park allocating $7,225 in
Community Development Block Grant (CDBG) funds for the purchase, delivery and
construction of playground improvements at the Addie Greene Public Park located
at 1233 53rd Street, Mangonia Park. Delays in identifying public
agency contracts for the Town’s use to purchase playground equipment have
necessitated this time extension. These are Federal CDBG funds which require
no local match. (DES Contract
Development) District 7 (TKF)
3. Staff recommends
motion to approve: Amendment No. 001 to an Agreement (R2011-1027) with
the Palm Beach County Housing Authority extending the expiration date from
December 15, 2012, to December 15, 2013. Summary: On July 19, 2011, the County entered into an
Agreement (R2011-1027) with the Palm Beach County Housing Authority to provide
$52,628 in Community Development Block Grant (CDBG) for the replacement of an
outdated fire and smoke alarm system at Drexel House Apartments, located at
1745 Drexel Road, West Palm Beach.
Additional time is needed in order to revise the specifications and bid
documents to replace the entire system rather than certain components of the
system as originally attempted. These are Federal CDBG funds which require
no local match. (DES Contract Development) District 2 (TKF)
4. Staff recommends
motion to adopt: a
Resolution by the Board of County Commissioners of Palm Beach County, Florida,
recommending approval of ADT, LLC, a newly created corporate entity, as a
Qualified Target Industry (QTI) business pursuant to s.288.108, Florida
Statutes; providing for local financial support for the Qualified Target
Industry Tax Program not to exceed $84,000 and the Quick Action Closing Fund in
the form of a job growth incentive grant not to exceed $100,000 over a three
year period. Summary: On October 16, 2012, the Board of County
Commissioners adopted a Resolution (R2012-1589) conceptually approving a Job
Growth Incentive Grant to ADT, LLC in an amount not to exceed $184,000 as a
portion of the local match for the State Qualified Target Industry Grant. The
State requested changes to the language to process the State’s portion of the
incentive. There is no additional fiscal impact. District 4 (DW)
K. WATER UTILITIES
1. Staff recommends
motion to approve: Work
Authorization No. 6 to the Contract for Water, Wastewater and Reclaimed Water
Improvements Design-Build Services with Globaltech, Inc. (R2012-0159) for the
Regional Wastewater Pump Station No. 5241 Improvements in the amount of $277,780.62. Summary: On January 24, 2012, the Palm Beach County Board of County Commissioners
approved the Water Utilities Department Optimization and Improvements Design/Build Services Contract with
Globaltech, Inc. (R2012-0159). This
Work Authorization is a fixed price for replacement of the hydraulic pump
discharge control valves with new check valves and piping improvements for the
Regional Wastewater Pump Station No. 5241. The Small Business Enterprise
(SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15%
overall. The contract with Globaltech,
Inc. provides for SBE participation of 75% overall. This Authorization
includes 100% overall participation. The
cumulative SBE participation, including this Work Authorization, is 81.46%
overall. Globaltech is a Palm
Beach County firm and certified SBE company.
(WUD Project No. 12-061) District
2 (JM)
DECEMBER 4, 2012
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
2. Staff
recommends motion to approve: a
First Amendment to the Potable Water and Wastewater Development Agreement with
United Technologies Corporation (“Tenant”) and the Beeline Community
Development District (“Property Owner”) reimbursing the Tenant $42,550 for
certain redesign and re-permitting costs.
Summary: Tenant rents property from the Beeline
Community Development District. Tenant’s facility, which tests fire protection
systems, requires a much higher than standard level of fire flow protection.
Tenant completed the design and permitting, with Water Utilities Department
(WUD) approval, of a suitable system and was permitted to construct it. Prior to the beginning of construction WUD
discovered that a recently installed WUD-owned auxiliary re-chlorination
facility would inhibit Tenant from achieving its required and permitted fire
protection flow. Tenant was required to
re-design and re-permit the utility facilities. WUD recommends a partial
reimbursement of Tenant’s re-design and re-permitting fees due to the late discovery
of the re-chlorination facility. The
completed water system installed by the Tenant is owned by County and has
adequate capacity to provide higher than standard level of fire protection to
future projects in the vicinity of Tenant property. Board’s approval will reimburse the Tenant
for the partial cost of re-design and re-permitting only. District 1 (MJ)
3. Staff recommends
motion to approve: Consultant Services
Authorization No. 8 for the Water Treatment Plant No. 2 (WTP 2) Filter
Replacement in the amount of $926,373 to the Water Plant and Water Resources
Engineering Services Contract with Carollo Engineers, Inc. (R2011-0630). Summary: On June 3, 2011, the
Board of County Commissioners approved the Contract for Consulting/Professional
Services with Carollo Engineers, Inc. (R2011-0630). This Consultant Services Authorization will provide for design and permitting
of the WTP 2 Filter Replacement. The
existing steel fabricated filters were installed as a developer constructed
water treatment facility in 1973 (Phase 1) and 1981 (Phase 2), and are nearing
the end of their useful life. The
replacement filters will be designed with concrete construction to house the
filter media which will provide a longer useful life. The design will include the addition of
backwash recovery to conserve water resources and reduce operating costs. The Small Business Enterprise (SBE) participation goal established by
the SBE Ordinance (R2002-0064) is 15% overall. The Contract with Carollo
Engineers, Inc. provides for SBE participation of 26% overall. This Authorization includes 29.58% overall
participation. The cumulative SBE participation, including this Authorization,
is 27.99% overall. Carollo Engineers, Inc. is a Palm Beach County company.
(WUD Project No. 12-066) District 2 (JM)
4. Staff recommends
motion to approve: Supplement No. 2 to Work Authorization No. 5 to the
Continuing Contract with AKA Services, Inc. (R2010-1422) for the North County
Airport Utility Improvement Project, increasing
the contract price by $198,116 and providing for an 81 day time extension. Summary: On March 1, 2011, the Palm Beach County Board of County Commissioners
approved Work Authorization No. 5 (R2011-0292) to the Continuing Construction
Contract with AKA Services, Inc. (R2010-1422) for the North County Airport
Utility Improvement Project. This Supplement authorizes the contractor to
perform additional work identified in this Supplement, and awards a delay claim
caused by the late issuance of the CSX Railroad permit. These contract
adjustments are necessary to reflect changed conditions to the contract
requirements. The Small Business Enterprise (SBE) participation goal
established by the SBE Ordinance is 15% overall. The Contract with AKA Services, Inc. provides
for SBE participation of 16.01% overall. This Supplement includes zero overall
SBE participation. The Cumulative SBE participation including this Supplement
is 13.85% overall. AKA Services, Inc. is a Palm Beach County company. (WUD
Project No. 10-020) District 1
(JM)
DECEMBER 4, 2012
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
5. Staff recommends
motion to approve: a First
Amendment to the Standard Potable Water and Wastewater Development Agreement
and an Indemnity/Restoration Agreement with KRG/Atlantic Delray Beach, LLC
(Property Owner). Summary: The County and Property Owner entered
into a Standard Potable Water and Wastewater Development Agreement for a
property on August 27, 2007. The County
and Property Owner also entered into a Reclaimed Water Development Agreement on
September 11, 2007, as this property is located in the “Mandatory Reclaimed
Water Service Area”. Reclaimed water
service is not presently available to the site, but is anticipated to be
available within one (1) year. The
Property Owner has built its irrigation system to use reclaimed water in
accordance with the Reclaimed Agreement. This Amendment permits the use of
potable water for irrigation on the property until such time as reclaimed water
is available. The Property Owner will connect
to reclaimed water for landscape irrigation within 30 days of notification that
reclaimed water is available. The Property Owner will obtain necessary
approvals to use potable water for irrigation as the unavailability of
reclaimed water to the subject property is caused by circumstances outside the
control of the Property Owner. The Water Utilities Department recommends the
temporary provision of potable water for irrigation at the temporary wholesale
rate, which is currently $1.40 per 1,000 gallons and deference of Impact Fees
until reclaimed water is made available to the customer. Additionally, the County is requiring the
Property Owner and its successors to memorialize certain obligations related to
maintenance and/or replacement and hold the County harmless from and against
any and all damages related to maintenance of the Utility facilities. District 5 (MJ)
6. Staff recommends
motion to approve: an Interlocal Agreement with the Village of Royal
Palm Beach (Village) to provide a berm and landscape improvements on the
Village's cell tower site, under the Palm Beach County Northern Region
Operations Center (NROC) project. Summary: On October
16, 2012, the Palm Beach County Board of County Commissioners (Board) approved
a Contract with Rio-Bak Corporation for the NROC Site Civil and Landscape
Improvements (R2012-1552). A berm
with landscaping will be installed to visually shield the NROC site from the
adjacent residential properties. This
Interlocal Agreement directs the County to install the berm and landscaping on
the Village’s cell tower site as provided in the alternate bid Item. The
Interlocal Agreement obliges the Village to pay the cost of the bid alternate
in the amount not to exceed $62,000. (WUD Project No. 11-012) District 6
(MJ)
7. Staff recommends
motion to approve: Contract with Lanzo Lining Services, Inc.
for the Glades Utility Authority (GUA) City of Pahokee Inflow and Infiltration
Improvements - Phase II Project in an amount
of $1,024,591.11. Summary: On September 5, 2012, three bids were
received for the Glades Utility Authority City of Pahokee Inflow and
Infiltration Improvements - Phase II Project. Lanzo Lining Services, Inc. was
the lowest responsive responsible bidder in the amount of $1,024,591.11. Palm Beach County Water Utilities Department
is implementing this project under its Management & Operations Contract
with GUA. The project is funded by the State
of Florida Department of Economic Opportunity (DEO) through the Disaster
Recovery Initiative Program (DRI). The project is subject to a 22.4% minority
participation goal and a 6.9% female participation goal for trades rather than
the County’s SBE goals. This Contract with Lanzo Lining Services,
Inc. provides for 27.44% minority
participation and 0.00% female participation. Staff recommends award to Lanzo
Lining Services, Inc. contingent upon DEO approval of good faith efforts. Local Preference Ordinance is not applicable to
this DRI funded project. Lanzo Lining Services, Inc. is a Broward County based
firm. This project is contingent upon
final approval by the DEO. These are
Federal DRI funds and require no local match. (WUD Project No.
12-039) District 6 (JM)
DECEMBER 4, 2012
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff
recommends motion to approve:
A) Grant Agreement No. 13PB1 with the Florida
Department of Environmental Protection (FDEP) for cost-sharing in the Ocean
Ridge Beach Nourishment Project with reimbursement up to $147,925; and
B) Budget Amendment of $147,925 to recognize
the revenue increase in the Beach Improvement Fund.
SUMMARY: Grant Agreement No. 13PB1 provides for the reimbursement of funds
expended by the County for engineering, environmental, and economic design of
the Ocean Ridge Beach Nourishment Project. Under the terms of the Agreement,
fifty percent (50%) of the non-Federal project costs could be eligible for
reimbursement. The County is responsible for the local match requirement
of fifty percent (50%) of the non-Federal share, or $147,925, which is available
in the Beach Improvement Fund from tourist development taxes. Reimbursement is retroactive to September 1,
2010, and the Agreement terminates on September 1, 2014. District 4 (SF)
2. REVISED SUMMARY: Staff
recommends motion to approve:
A) Change Order No. 5 decreasing the
construction Contract (R2011-1042) with Brang Construction Incorporated (Brang)
in the amount of $116,207.96 for quantity adjustments and increasing the
contract time by 159 days to the substantial completion date of August 16, 2012
for South Cove Natural Area Project No. 2011ERM02 (Project); and
B) Contract Close-Out Agreement on
construction Contract (R2011-1042) with Brang in the amount of $122,832.44.
SUMMARY: On July 19, 2011, the Board entered into a
$2,498,035 Contract with Brang to construct the South Cove Natural Area
Restoration Project within the Lake Worth Lagoon in the City of West Palm
Beach. Four (4) change orders totaling a
reduction of $118,193.97 were
issued. Change Order No. 5 accounts for
final quantity adjustments and increases time by 159 days. The Contract Close-Out Agreement is a
negotiated resolution of a disagreement over the extension of time. The new Contract amount is $2,263,633.07, a
net decrease of $234,401.93. Brang achieved the Contract required 21.91%
22.91% small business enterprise (SBE) participation which exceeds the
established 15% SBE goal. District 7 (JM)
DECEMBER 4, 2012
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to:
A) approve a Vending Service Agreement with
the State of Florida Department of Education Division of Blind Services for the
period of December 4, 2012, through December 3, 2013, to provide vending
machine services at Palm Beach County Parks and Recreation facilities; and
B) authorize the County Administrator or his
designee to sign amendments to the Vending Service Agreement which add,
subtract, or change the number or location of vending machines, but do not
change the terms or conditions of the Vending Service Agreement.
Summary: The Parks and Recreation Department has identified 19 locations within its
operated and/or controlled facilities that would benefit by having vending
machine services available. The proposal submitted by the State of Florida
Department of Education Division of Blind Services (Division) demonstrated
relevant experience and provided for a variety of beverage and snack items at
competitive prices. The Agreement
requires the Division to provide a selection of healthy snacks and drinks equal
to 50% of the total of its product line in accordance with Palm Beach County
Health Department protocols. The
Division will pay the County a 10% commission on gross profit for all Parks
public vending machine sales. Countywide
(AH)
2. Staff recommends
motion to receive and file: executed Independent Contractor Agreements
received during the month of October:
A) Annabeth Karson, Yoga
Instructor, Therapeutic Recreation Complex, for the period October 1,2012,
through September 30, 2013;
B) Caullett CMAA, Inc., Karate
Instructor, Westgate Park & Recreation Center, for the period October 5,
2012, through November 30, 2012; and
C) Palm Beach County Officials
Association, Inc., Volleyball Officials, West Boynton Park & Recreation
Center, for the period November 13, 2012 through April 28, 2013.
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 3 & 7 (AH)
DECEMBER 4, 2012
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
3. Staff recommends
motion to:
A) receive and file a fully
executed Florida Inland Navigation District (FIND) Waterways Assistance Program
Grant Project Agreement for the planning, design and permitting necessary to
redevelop the west side of Burt Reynolds Park for the period October 16, 2012,
through September 1, 2014; and
B) approve a Budget Amendment of $50,000 within the
Park Improvement Fund to establish budget for the approved grant.
Summary: On May 1, 2012, the Board authorized submission of a Waterways
Assistance Program grant application, R2012-0644,
to fund a portion of the planning, design, and permitting costs associated with
the redevelopment of the west side of Burt Reynolds Park. The Board also
authorized the County Administrator or his designee to execute the Project
Agreement (FIND Project No. PB-12-162) and other grant forms related to this
project if the grant was approved. The
grant was approved, the Project Agreement has been fully executed in accordance
with Board authorization, and is being submitted to the Board to receive and
file and to establish budget for the grant.
The $50,000 FIND grant requires a $50,000 (50%) match, which will be funded
from the Florida Boating Improvement Program (FBIP). This grant project must be completed and all
required reimbursement information submitted to FIND on or before September 1,
2014. District 1 (AH)
4. Staff recommends
motion to receive and file: fully executed Project Agreement Amendment
with the Florida Inland Navigation District (FIND) Waterways Assistance Program
Grant PB-10-149 for the design and permitting of Waterway Park extending the
project completion date from September 1, 2012, to September 1, 2013. Summary: In 2010,
the County applied for and was awarded a $100,000 FIND grant to fund a
portion of the planning, design and permitting costs associated with the future
development of Waterway Park. The
term of the grant agreement, R2011-0064, was from October 27, 2010, to
September 1, 2012. The County applied
for and was awarded a one year project completion extension. The fully executed Project Agreement Amendment is
now being submitted to the Board to receive and file. There are no other changes to the terms of the
Agreement as a result of this Amendment. District 1 (AH)
DECEMBER 4, 2012
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
5. Staff recommends
motion to:
A) ratify the signature of the Chair on a Florida Coastal Partnership
Initiative (FCPI) Grant Application submitted to the State of Florida
Department of Environmental Protection (FDEP) on October 30, 2012, requesting
$30,000 for the Jupiter Beach Park Restoration/Enhancement project;
B) authorize the County
Administrator or his designee to execute the grant funding Agreement and all
future time extensions, task assignments, certifications, standard forms, or
amendments to the Agreement that do not change the scope of work or terms and
conditions of the Agreement if the grant is approved; and
C)
authorize the Director of the Parks and Recreation Department to serve as Liaison
Agent with FDEP for this project.
Summary: This Grant Application requests $30,000 from
FCPI for the Jupiter Beach Park Restoration/Enhancement project. The
grant elements include clearing exotic vegetation, planting native vegetation
to both stabilize the dune and provide shade along the new picnic areas and
pathways, installing picnic facilities and a bike rack, and constructing
concrete sidewalks and asphalt pathways to create interconnectivity. The FCPI
makes federal funds from the National Oceanic and Atmospheric Administration
available to local governments for the protection and effective management of
Florida’s coastal resources. The total
project cost identified in this Grant Application is $60,000. The requested
grant is for $30,000, and requires a $30,000 (50%) match, which will be funded
from the 2002 $50 Million Recreational and Cultural Facilities General
Obligation Bond Issue. The $30,000 match
will come from the $150,000 allocation for the Jupiter Beach Enhancement
project to reconfigure the dune, improve the access structure, and add a
concrete barrier between the dune and parking lot. District 1 (AH)
6. Staff recommends
motion to:
A) ratify the signature of the Chair on a Florida Recreation
Development Assistance Program (FRDAP) Grant Application submitted to the State
of Florida Department of Environmental Protection (FDEP) on September 26, 2012,
requesting $200,000 for the John Prince Memorial Park Phase IV-B Improvement
project;
B) authorize the County
Administrator or his designee to execute the grant project Agreement and all
future time extensions, task assignments, certifications, standard forms, or
amendments to the Agreement that do not change the scope of work or terms and
conditions of the Agreement if the grant is approved; and
C) authorize the Director of
the Parks and Recreation Department to serve as Liaison Agent with FDEP for this project.
Summary: This
Grant Application requests $200,000 from FRDAP for the John Prince Memorial
Park Phase IV-B Improvement project. The
project is located in the Mound Circle area of the park. Project
elements include a new restroom, picnic facilities, playground, fishing pier,
bike trail, dog park, landscaping and parking, as well as renovation of the
existing picnic facilities, bike trail and parking. The total project
cost identified in this Grant Application is $400,000. The requested grant is for
$200,000, and requires a $200,000 (50%) match, which will be funded from Zone
2 Park Impact Fees. Only grant funding will be used for the
renovation portions of the project. If the grant is awarded, and once the
project is complete, the grant project agreement requires a Notice of
Limitation of Use to be recorded in public records limiting the project site to
outdoor recreation for the use and benefit of the public in perpetuity as part of the close-out documentation. District 3 (AH)
DECEMBER 4, 2012
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
7. Staff recommends
motion to:
A) ratify the signature of the Chair on a Florida Recreation
Development Assistance Program (FRDAP) Grant Application submitted to the State
of Florida Department of Environmental Protection (FDEP) on September 26, 2012,
requesting $200,000 for the Okeeheelee Park South Phase III-B Improvement
project;
B) authorize the County
Administrator or his designee to execute the grant project Agreement and all
future time extensions, task assignments, certifications, standard forms, or
amendments to the Agreement that do not change the scope of work or terms and
conditions of the Agreement if the grant is approved; and
C) authorize the Director of
the Parks and Recreation Department to serve as Liaison Agent with FDEP for this project.
Summary: This Grant Application requests $200,000 from FRDAP for the Okeeheelee
South Park Phase III-B Improvement project. This project is part of the development of
Okeeheelee South Park Boating Center. Project
elements include both new and renovated recreational facilities. New facilities
include a new boat ramp, picnic facilities, playground, canoe/kayak launch,
hiking trail, restroom, car/trailer parking spaces, car parking lot,
landscaping, and bike trail. In
addition, as part of this project the hiking, equestrian and bike trail will
all be renovated. The total project cost
identified in this Grant Application is $400,000. The requested grant is for $200,000, and
requires a $200,000 (50%) match, which will be funded from the 2004 $50
Million Waterfront Access and Preservation General Obligation Bond Issue. The $200,000 match will come from the
$950,000 allocated to the Okeeheelee Park South project to add a boat ramp,
docks, trailhead, restroom building, and parking lot. If the grant is awarded, and once the project is
complete, the grant project agreement requires a Notice of Limitation of Use to be recorded in public records limiting
the project site to outdoor recreation for the use and benefit of the public in
perpetuity as part of the close-out documentation.
District 2 (AH)
8. Staff recommends
motion to receive and file: fully executed Project Agreement Amendment
with the Florida Inland Navigation District (FIND) Waterways Assistance Program
Grant PB-10-146 for the extension of the staging dock on the west side of Burt
Reynolds Park extending the project completion date from September 1, 2012, to
September 1, 2013. Summary:
In 2010, the County applied for
and was awarded a $75,000 FIND grant for the Burt Reynolds Park staging dock
extension project. The term of
the grant agreement, R2011-0063, was from October 27, 2010, to September 1,
2012. The County applied for and was
awarded a one year project completion extension. The fully
executed Project Agreement Amendment is now being submitted to the Board
to receive and file. There are no other changes to the terms of the Agreement
as a result of this Amendment. District
1 (AH)
DECEMBER 4, 2012
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
9. Staff recommends
motion to approve: Budget Transfer of $11,408 in Park Improvement Fund
from the Payment in Lieu of Recreation reserve to Green Cay Nature Center
Improvements. Summary: This Budget Transfer establishes funding for
the Green Cay Nature Center Improvements project from reserves generated
pursuant to the County’s Unified Land Development Code Article 5, Parks and
Recreation – Rules and Recreation Standards.
Article 5 revenues originate from cash-outs from residential
developments that are unable to provide homeowners onsite recreation
areas. Revenues from this fund are to be
used for the purpose of acquiring and/or developing
land necessary to meet the need for neighborhood or community type recreational
facilities created by the development. This funding will be used for LED
lighting improvements/upgrades to the exhibit areas. Funding for this project is from the
$123,379.20 Payment In Lieu of Recreation payment received for the Aspen Square
development. The balance of $111,971.20
will remain after this expenditure. This project meets the requirements of ULDC
Article 5. District 5 (AH)
P. COOPERATIVE EXTENSION
SERVICE
1. Staff recommends
motion to approve:
A) an Urban and
Community Forestry Grant Memorandum of Agreement with the Florida Department of
Agriculture and Consumer Services for continued funding of a part-time program
assistant to conduct an urban forestry program in Palm Beach County for 25
hours per week for one year;
B) a Budget Amendment
of $15,000 in the Cooperative Extension Revenue Fund to recognize new funding.
The term of this Agreement shall begin upon execution and shall terminate on
January 31, 2014.
Summary: The Florida
Department of Agriculture and Consumer Services will provide funding to Palm
Beach County (County) to continue to support a part-time program assistant to
conduct the Urban Forestry Program in Palm Beach County in an amount not to
exceed $15,000. County will provide an in-kind match of $15,000 which includes
265 volunteer hours and 505 hours of professional and staff support from ad
valorem funding. The program assistant
will develop reusable learning objects (RLOs) for professional and residential
audiences, develop presentations, train volunteers and master gardeners in Palm
Beach County, as well as adjacent counties, and develop partnerships and
relationships throughout the state to publicize the RLOs and delivered presentations
and make them available at no cost to any user.
The program assistant is a grant funded position and will be eliminated
when the grant term has expired. The funding shall consist of $12,770 for
salary, plus $1,686 for fringe benefits, $416.50 for travel and $127.50 for
supplies. Countywide (AH)
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to receive and file:
Interlocal Agreement for geographic data sharing with the Village of
Wellington at no additional cost to the County. SUMMARY: The County
began putting Interlocal agreements in place (R2005-1911) to encourage the
exchange of geographic and land information in an efficient and timely manner,
in order for all agencies to have the most up-to-date and accurate information. The ISS Director was designated
as the signatory for the GIS data sharing interlocal agreements and has
executed this Agreement. There are no
costs associated with entering into these interlocal agreements. Countywide
(PFK)
DECEMBER 4, 2012
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES (Cont’d)
2. Staff recommends
motion to:
A) approve Task Order No. 1 to Contract R2011-2052 with Surdex
Corporation to complete the eastern digital orthophotography at a cost of
$156,180; and
B) approve Task Order No. 1 to Contract R2011-2053 with BAE Systems
to complete the western digital orthophotography at a cost of $105,797; and
C) approve Supplement No. 1 to Task Order No. 1 with Woolpert, Inc.
(R2011-2054) to extend the term to November 21, 2013 at no additional cost; and
D) receive and file Woolpert, Inc. Task Order No. 1.
SUMMARY: Three firms were
selected using the Consultant Competitive Negotiations Act (CCNA) process, contracted on December 20, 2011 to
perform digital orthophotography and planimetric mapping for the County
(R2011-2052, R2011-2053, and R2011-2054).
Task Order No. 1 with Surdex Corporation is to complete .5 foot color
digital orthophotography for the eastern areas at a cost of $156,180, and Task
Order No. 1 with BAE Systems is to complete mostly 1 foot color digital
orthophotography for the western areas of Palm Beach County at a cost of $105,797. Supplement No. 1 is to extend the term of
Task Order No. 1 with Woolpert, Inc. due to weather delays. Woolpert Task Order No. 1, which was under
$100,000 and previously executed is submitted for receive and file
purposes. There are no costs associated
with Supplement No. 1 with Woolpert. Countywide
(PFK)
3. Staff recommends
motion to approve: an Agreement
for Information Technology (IT) services with Palm Beach County Law Enforcement
Exchange, Incorporated (LEX), which will generate FY 2013 revenue to the County
estimated at $191,600 for an initial term of one year with automatic one-year
renewals unless notice is given by either party. SUMMARY:
LEX is a non-profit organization established for the purpose of
sharing law enforcement data among the law enforcement agencies in Palm Beach
County. The LEX organization is entering
into an Agreement with Palm Beach County’s Department of Information Systems
Services (ISS) for IT Services as described in the attached Agreement and
Exhibit A. The Agreement is anticipated
to generate FY 2013 revenue in the amount of $191,600. Countywide (PFK)
X. PUBLIC SAFETY
1. Staff recommends
motion to receive and file: two executed Agreements with the City of
Pahokee to provide grant project funding in the amounts of: a) $50,000 for the period November 7,
2012, through March 15, 2013 for the purchase of a Continuity of Operations
Plan (COOP) Update, Training and Scenario Based Exercise, and b) $40,000 for the period November 7,
2012, through April 30, 2013 for the purchase of an Evacuation and Re-Entry
Plan, Training and Exercise both of which have been approved by the Fort
Lauderdale Urban Area Security Initiative’s (UASI) Working Group Grant 2010
contract between the City of Miramar and Palm Beach County (BA-2012-0789). SUMMARY:
The County was awarded $433,038 from the U.S. Department of Homeland
Security UASI funding through the City of Miramar. The County will provide a
total of $90,000 of this grant funding to the City of Pahokee for the COOP
Update, Training and Scenario Based Exercise ($50,000) and the Evacuation and
Re-Entry Plan, Training and Exercise ($40,000). Both of these projects will
greatly enhance the City of Pahokee’s emergency preparedness in relation to all
hazards the City may face including but not limited to a breach of the Herbert
Hoover Dike. Resolution R2006-2669
authorizes the County Administrator or his designee to execute standard
agreements utilizing UASI funding with various governmental and private
agencies on behalf of the Board of County Commissioners. No County matching funds are required. Countywide (PGE)
DECEMBER 4, 2012
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
2. Staff recommends
motion to receive and file: executed Memorandum of Understanding (MOU) with Palm
Beach County Sheriff’s Office (PBSO) for a one-time fee of $1,500 to create a
database for PBSO, and for PBSO’s use of the Geographic-based Notification
System, “Dialogic” for a period of three (3) years for an annual access and
usage charge of $3,000 which commenced on November 6, 2012 and is automatically
renewed in increments of three-year terms thereafter. SUMMARY: The
MOU provides access to the County’s Geographic-based and/or NXT, roster-based
Alert and Notification System (Dialogic System). The County’s Dialogic System
has been in place for over eight years and allows Palm Beach County agencies,
municipalities, state and County Departments to access the system to make
approximately 2,000,000 calls. It has been used for Amber Alerts, hurricane
evacuations, boil water notices, etc. Resolution R2006-0799 authorized the
County Administrator or his designee to sign Dialogic agreements on behalf of
the Board of County Commissioners. Countywide (PGE)
3. Staff recommends
motion to receive and file: an executed Modification to reinstate and extend
the Emergency Management Performance Grant 2010 Agreement
(12-FG-R3-10-60-01-117) with the State of Florida Division of Emergency
Management, extending the agreement from June 30, 2012, to December 31, 2012 to
enhance and improve emergency management plans and programs of the County, and
provide operational support to maintain state required programs. SUMMARY: This is an annual grant that the Public
Safety Department’s Division of Emergency Management receives to enhance and
improve emergency management plans and programs of the County, consistent with
the State Comprehensive Emergency Management Plan and Programs and to provide
operational support to maintain state required programs. The grant will be used
to further enhance emergency planning, response, mitigation and recovery in the
County. On November 20, 2012, authority
was given to the County Administrator or his designee to execute agreements
with the State of Florida, Division of Emergency Management on behalf of the
Board of County Commissioners. A dollar
for dollar match is required by the grant and included in the County budget. Countywide
(PGE)
4. Staff recommends
motion to receive and file: the executed 211 Palm Beach/Treasure Coast,
Inc. Contract to provide over the phone emergency crisis counseling services
through the Violent Crime Rape Crisis Hotline in an amount not to exceed
$42,000 for the period October 1, 2012, through September 30, 2013. SUMMARY: 211 Palm Beach/Treasure Coast will continue
to provide immediate telephone rape crisis intervention services twenty-four
hours per day, seven days per week on the Violent Crime Rape Crisis Hotlines. Three
thousand dollars ($3,000) from the Sexual Assault grant funding will be used to
offset the sexual violence related calls though the Rape Crisis hotline.
Resolution R2011-0937 authorized the County Administrator or his designee, to
exercise the option to renew future agreements provided that funding is
available and the County Attorney signs for legal sufficiency. Countywide (PGE)
DECEMBER 4, 2012
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
5. Staff recommends
motion to:
A) approve an Agreement to reinstate and amend the
contract with Children’s Home Society of Florida (R2011-0776) to extend the
agreement for an additional twelve months to September 30, 2013, and increase
the contract amount by $20,400 for a new total not to exceed amount of $40,400,
to provide consulting/professional services in the area of Family Drug
Court/Dependency proceedings;
B) approve
an Agreement to reinstate and amend the contract with Drug Testing
Counseling Services, Inc. (R2010-0654) to extend the agreement for an
additional twelve months to September 30, 2013, to provide drug testing
services to the Family Drug Court Program; and
C) receive and file the approved the Family Drug Court Grant
(2009-DC-BX-0115) Adjustment Notice to extend the grant period for an
additional twelve months to September 30, 2013.
SUMMARY: The Division of Justice Services, in conjunction with the Department of
Children and Families Substance Abuse and Mental Health Office applied for and
was awarded a grant from the Office of Justice Programs (2009-DC-BX-0115) in
the amount of $484,907 to develop a Family Drug Court program which was
approved by the Board of County Commissioners on October 20, 2009. While the program is currently fully
operational, the program was delayed in the beginning due to associated
administrative issues during the start up phase of the program. Therefore, a
request to extend the grant from September 30, 2012, to September 30, 2013 has
been approved and is in order to fully expend the grant award. There are sufficient funds to continue the
program for an additional twelve months, to September 30, 2013. Therefore, amendments to the Children’s Home
Society and the Drug Testing and Counseling Services contracts are
necessary. On April 20, 2010 and May 17,
2011, the Board of County Commissioners approved agreements with Drug Testing
and Counseling Services, Inc. in the amount of $69,300 and Children’s Home
Society of Florida in the amount of $20,000, respectively. Countywide (PGE)
6. Staff recommends
motion to approve: a Pricing
Schedule (Contract) from Master Agreement (R2009-1055) with AT&T in the amount of $518,700 which includes a one-time
hardware and software purchase, a sixty month software license, and
professional services all commencing when pricing schedule is signed by all
parties, installation is completed, and service is available for use by the
Emergency Call Tracking System (ECaTS) for the County’s Next Generation 911 System
(NG911) which is funded from the State of Florida E-911 funds. SUMMARY: The current 9-1-1 system in Palm Beach
County is a leased system consisting of two different brand end user
manufacturers. This equipment is nearing end of life and the Public Safety
Department is in the process of replacing it. The new NG911 system being
purchased includes a rudimentary data collection feature with basic features
and cannot import the data from the legacy systems. The ECaTS system is being
purchased to support the new NG911 system which would allow for the collection
of data from the current system in addition to collecting the data from the new
system, providing for continuity of information by merging both. The Public
Safety Department recommends the purchase of the ECaTS System which brings a
number of benefits to the County such as (a) ownership as opposed to leasing
the system; (b) ability to import data from multiple manufacturers; and (c)
enhanced reporting features. The
purchase will have to be through AT&T as they are the sole provider of the
NG911 system. ECaTS will be paid for utilizing State of Florida E-911 funds that
are included in the current budget. No
County matching funds are required. Countywide (PGE)
DECEMBER 4, 2012
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF
1. Staff recommends
motion to approve: a Budget Transfer of $415,637 from the Law
Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO).
SUMMARY: Florida Statute 932.7055(5) provides that the seizing agency
shall use Forfeiture proceeds for school resource officer, crime prevention,
safe neighborhood, drug abuse education and prevention programs, or for other
law enforcement purposes, which include defraying the cost of protracted or
complex investigations, providing additional equipment or expertise, purchasing
AED’s, and providing matching grant funds. F.S. 932.7055(5) also 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 2013 estimated donation requirement
will not be finalized until year-end close-out. 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 year-to-date transfer for all donations to
outside organizations after approval of this item is $460,537. The funds are requested here are to aid PBSO
and qualified organizations that meet the requirements set forth in F.S.
932.7055. Use of LETF requires approval by the Board, upon request of the
Sheriff. The current State LETF balance
is $2,528,827. Approval of this request will reduce the State Law Enforcement
Trust Fund balance to $2,113,190. 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 organization or agency. No
new positions are needed and no additional County funds are required. Countywide (PGE)
|
ORGANIZATION
|
AMOUNT
|
|
a) Children’s Case
Management Organization, Inc.
|
$15,000
|
|
b) College for Kids, Inc.
|
$25,000
|
|
c) Faith, Hope, Love,
Charity, Inc.
|
$25,000
|
|
d) Florida Sheriff’s
Youth Ranches, Inc.
|
$133,624
|
|
e) Gratitude House, Inc.
|
$25,000
|
|
f) Gulfstream Council of
the Boy Scouts of America, Inc.
|
$10,000
|
|
g) Horses Healing Hearts,
Inc.
|
$25,000
|
|
h) Junior Achievement of
the Palm Beaches & Treasure Coast, Inc.
|
$25,000
|
|
i) Mental Health
Association of Palm Beach County, Inc.
|
$25,000
|
|
j) Project Lifesaver of
Palm Beach County, Inc.
|
$9,513
|
|
k) Safety Council of Palm
Beach County, Inc.
|
$2,500
|
|
l) The ARC of Palm Beach
County, Inc.
|
$50,000
|
|
m) The Lord’s Place, Inc.
|
$25,000
|
|
n) United States Naval
Sea Cadet Corps, Palm Beach Division
|
$20,000
|
|
|
|
|
Total Amount
|
$415,637
|
DECEMBER 4, 2012
3. CONSENT
AGENDA APPROVAL
CC. WESTGATE/BELVEDERE HOMES COMMUNITY REDEVELOPMENT AGENCY
1. Staff recommends
motion to:
A)
receive and file an
executed Federally Funded Subgrant Agreement (Grant) Modification No. 2, with
the State of Florida Division of Emergency Management (DEM) for extending the
expiration date of the Grant to August 22, 2013;
B)
authorize the Chair
to execute Modification No. 3 to the
Grant between the Division of Emergency Management and Palm Beach County to
increase the maximum amount payable under Grant 11-HM-2Y-10-60-01-010 from $2,585,735
to $2,674,318; and
C)
approve a Budget
Amendment of $85,684 in the Capital Outlay Fund to recognize additional Grant
funding ($117,953), decreased overmatch necessary from the Westgate Belvedere
Homes Community Redevelopment Agency (CRA) ($32,269) and appropriate the
increased funding to the project expense budget.
SUMMARY: On January 11, 2011, the Board of
County Commissioners approved Grant R2011-0084 with DEM in the amount of
$2,585,735. The Grant provided funding for the construction of the L-2 Canal
Stormwater Pump Station (Project) in the Westgate redevelopment area. When the
Grant was originally received, the match required from the Westgate Belvedere
Homes Community Redevelopment Agency (CRA) was $852,121. However, when the bids
were received, the estimated cost exceeded the Grant and match funding by
$61,601. This overmatch amount was required from the CRA. The CRA subsequently
applied for additional Grant dollars. This in turn decreased the overmatch
necessary for the Project. The budget amendment reconciles the budget to the
amounts required in the Grant. Modification No. 2, signed by the County
Administrator, extended the expiration date of the Grant to August 22, 2013.
Modification No. 3 increases the amount of the DEM Grant by $88,583. The 25%
local contribution is being provided by the CRA. District 2 (MRE) (Engineering)
2. Staff recommends
motion to approve: Change Order No. 1 to the Contract with Giannetti
Contracting Corporation (R2012-0339) for the Westgate/Belvedere Homes
Infrastructure Improvement Project Phase I, increasing the contract price by $98,261.67 and providing for a 22
day time extension. Summary: On March 6, 2012, the Palm Beach County Board of County Commissioners
approved a Contract with Giannetti Contracting Corporation (R2012-0339) for the
Westgate/Belvedere Homes Infrastructure Improvements Phase I. This Change Order
authorizes the contractor to install an additional 445 feet of water main and
332 feet of sewer main, including associated repair work. Contract adjustments
are necessary to reflect changed conditions encountered in the field. Funding for
this Change Order is by Palm Beach County Water Utilities Department. This
project has federally participation goals of 22.4% MBE and 6.9% WBE. This
Contract with Giannetti Contracting Corporation includes 13.27% MBE and 13.27% WBE participation. Giannetti
Contracting Corporation has achieved SBE participation of 14.58% overall.
Giannetti Contracting Corporation is not a Palm Beach County company. Their
home base office is located in Sterling Heights, MI with a Florida office in
Pompano Beach. (WUD Project No. 10-502
(11-022) District 2 (JM) (Westgate CRA)
* * * * * * * * * * * *
DECEMBER 4, 2012
4. REGULAR AGENDA
A. ADMINISTRATION
1. Staff requests
Board direction: on
2013 State Legislative Program. SUMMARY: Staff requests the Board’s
review of the draft 2013 State Legislative Program. The Legislative Program
outlines the issues that the County’s Legislative Affairs Office, in
conjunction with the County’s lobbying team, will be working on for the Board
during the upcoming Legislative Session. Countywide (DW)
TIME CERTAIN 10:30 A.M.
2. REVISED BACKUP & SUMMARY: Staff
recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida,
establishing a policy that Palm Beach County condemns the denial of lawful
wages to an employee and a procedure for victims of wage theft to recover back
wages through a contractual wage recovery program administered by the Legal Aid
Society of Palm Beach County. SUMMARY:
A proposed Palm Beach County Wage Theft Ordinance was brought before the Board
for preliminary reading on February 1, 2011, and the public hearing scheduled
on June 21, 2011. That public hearing was deferred pending the outcome of
several issues that could have affected the Board’s ability to enact a wage
theft ordinance. However, the
legislative bill did not pass, the Eleventh Circuit Court dismissed the Florida
Retail Federation’s lawsuit and found that the Miami-Dade County Wage Theft
Ordinance was a proper exercise of governmental authority under Florida’s
Constitution and Legal Aid provided an updated report regarding their wage
theft project. On April 17, 2012, the
Board directed Staff to meet with the representatives from Legal Aid, People
Engaged in Active Community Efforts, Inc., (PEACE), and the business community.
Staff revised the proposed Wage Theft Ordinance based upon comments from the
interested parties and met with the parties in June and October 2012. The
parties were not able to agree upon the language of or the need for a County
Wage Theft Ordinance. Legal Aid has represented that an approximate amount of
$100,000 annually will be required to provide the necessary support to
implement the wage recovery program. If
the Resolution is adopted by the Board, Staff will bring back to the Board for
approval a contract between the County and Legal Aid which will include
deliverables, deadlines, benchmarks and reporting requirements for the wage
recovery program including a provision that the contract will be reviewed
within two years. Additionally, Chief Judge Blanc has suggested a potential
role for the courts in resolution of wage disputes. Countywide (DO)
B. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: the Application of Bright Futures Academy Charter
School, Inc. with respect to the requested issuance by the County of its Palm
Beach County, Florida Revenue Bonds, in an aggregate principal amount not to
exceed $10,500,000 (the “Bonds”). SUMMARY: Bright Futures Academy Charter School, Inc.
(the “School”), a Florida not-for-profit corporation which is exempt from
taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as
amended, has applied for issuance of the Bonds by the County. Proceeds of the Bonds will be used to finance
the costs of acquisition, renovation and equipping of educational facilities at
the School’s new campus to be located at 13205 U.S. Highway One, Juno Beach,
Florida. The School has paid the
required application fee and remains obligated to pay the applicable County
costs incurred in connection with the proposed issuance of the Bonds. The Bonds will be payable solely from
revenues derived from the School’s operations.
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 1 (PFK)
DECEMBER 4, 2012
4. REGULAR
AGENDA
C. ENGINEERING & PUBLIC WORKS
1. Staff recommends
motion to approve on preliminary reading and advertise for public hearing on
Tuesday, December 18, 2012 at 9:30 a.m.: an Ordinance amending
Ordinance No. 85-40, as amended, establishing an amended Five Year Road
Program; providing for title; purpose; adoption of revised Five Year Road Plan
and revised list of projects contained in Exhibit “A”; implementation of the
Plan; modification of Plan; funding of other roadway improvements,
interpretation of exhibit; repeal of laws in conflict; severability; inclusion
in the Code of Laws and Ordinances; and effective date. SUMMARY: This is the Annual Update of Palm Beach
County’s Five Year Road Plan which is required to be considered each year by
the Five Year Road Program Ordinance.
Exhibit “A” to the Ordinance is a list of proposed projects for the next
five years and contains certain changes and modifications. This list is submitted for the Board of
County Commissioners’ consideration on preliminary reading today with the final
list to be approved with the Ordinance at public hearing on Tuesday, December
18, 2012. Countywide (MRE)
D. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve: a Refund of $2,648,556.78 to the State of Florida,
Division of Emergency Management (State), relating to the de-obligation of the
County’s Hurricanes Frances, Jeanne, and Wilma claims, including $341,828.09 on
behalf of the Solid Waste Authority. SUMMARY:
The County received assistance from the Federal Emergency Management Agency
(FEMA) and the State in excess of $120 million relating to Hurricanes Frances,
Jeanne, Wilma and Tropical Storm Fay.
These agencies are now conducting an audit of this funding. This audit
is on-going and has resulted in the de-obligating of a number of the County’s
claims. The de-obligations fall into the
following categories:
·
Expenses
deemed ineligible
·
Claims
in which the County also received insurance proceeds
·
Claims
in which FEMA deemed the County should have received insurance proceeds
·
Variance
between estimated vs. actual expenses
·
Miscellaneous
other adjustments
The total de-obligations to-date equal $5,098,842. This amount was
offset by new claim revenue during FY 2012 resulting in a net refund due. The
expenses associated with these de-obligations have already been recorded in FY
2012. No additional appropriation budget
is required to make the payment. Countywide (PFK)
DECEMBER 4, 2012
4. REGULAR
AGENDA
E. PARKS & RECREATION
1. Staff recommends
motion to authorize: staff to explore
the possibility of a lease of the Aqua Crest Pool facility with the City of
Delray Beach. Summary: In June
of this year, the Parks and Recreation Department was contacted by
officials of the City of Delray Beach about the possibility of leasing the Aqua
Crest Pool to the City of Delray Beach.
A lease of the facility will allow the City to expand its sports academy
program with the private sector, ELEV/8 Sports Institute (ELEV/8), to include
swimming. Currently, ELEV/8 successfully operates the Bucky Dent Baseball School
in the City’s Miller Park. If leased
from the County, the City and ELEV/8 have indicated that swim lessons and
programs which currently exist at the Aqua Crest facility would continue, along
with the introduction of a swim academy under the direction of a high profile
Olympic swimmer. The Aqua Crest pool is one of the most
underutilized facilities that the County operates and recovers less than one
quarter of its operating expenses through revenue. While most traditional swimming pools
throughout the country are subsidized to some degree, Aqua Crest costs the
County in excess of $400,000 annually to operate. Marketing efforts and discounted pricing to
increase attendance and generate additional revenue have had little impact on
the level of subsidization. In addition, much needed capital equipment
repairs/replacements will be required in the next year. Under a lease arrangement, the City would be
responsible for managing, staffing, maintaining and absorbing other costs
associated with the pool operation, thus eliminating the County’s annual
subsidization. The City would
subsequently pass on these expenses to ELEV/8 through a contractual arrangement
to operate the pool and swim academy. It
is felt that if the terms and conditions of a lease can be negotiated with the
City, the lease would result in a savings of more than $400,000 to the County,
bring a world class swimming academy to Delray Beach, and maintain the various
swimming opportunities that currently exist.
If agreement is reached on a lease, it would be brought to the Board for
approval at a future meeting. District 7 (HF)
F. PLANNING, ZONING & BUILDING
1. Staff recommends
motion to approve: an Interlocal
Agreement with the Village of Palm Springs providing for the annexation of one
enclave generally located on the west side of Miller Road and north of Second
Avenue North. SUMMARY: The Board of County Commissioners (BCC) has
directed staff to work with municipalities to strategically address annexations.
Chapter 171, Florida Statutes (F.S.), allows annexation of enclaves less than ten
acres through an Interlocal Agreement between the annexing municipality and the
County. By Resolution No. 2012-64, adopted on September 27, 2012, the Village of Palm Springs has petitioned the County to
enter into such an agreement for the annexation of one enclave consisting of a parcel totaling 0.17 acre, as identified in Exhibit A of the Interlocal Agreement. The Village has provided
written notice the owner of real property located in the enclave. The
annexation has been processed through the County’s review departments,
including Fire-Rescue, Sheriff’s Office, Engineering, Planning, Zoning,
Environmental Resources Management, Parks and Recreation, Water Utilities,
County Attorney, Property and Real Estate Management and the Office of
Financial Management and Budget. The proposed
annexation meets the requirements of Chapter 171, F.S., and is consistent with
the Intergovernmental Coordination Element of the County’s Comprehensive Plan. District
3 (RB)
DECEMBER 4, 2012
4. REGULAR
AGENDA
G. ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to:
A) approve on preliminary reading and advertise for public hearing on
December 18, 2012, at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County,
Florida, amending Chapter 17, Article VII of the Palm Beach County Code
(Ordinance No. 2005-004) entitled “Economic Development Ad Valorem Tax
Exemption Ordinance of Palm Beach County”; amending intent and declaration; amending definition
of terms; amending economic development ad valorem tax exemption established;
deleting application for exemption; providing for approval process;
amending application consideration;
amending application fee; amending applicability; providing for inclusion in
the code of laws and ordinances; providing for severability; providing for
repeal of laws in conflict; and providing for an effective date; and
B) conceptual approval of the Program Criteria.
Summary: On February 15, 2005, the Board of County
Commissioners (BCC) approved Ordinance 2005-004 establishing the County’s Ad
Valorem Tax Exemption Program which remains in effect until August 31, 2014.
The Ordinance currently conflicts with Section 196.1995 due to changes in the
Statute over the last seven years. The proposed ordinance amendment streamlines
the eligibility requirements to default to the State Statutes; therefore,
eliminating any future conflicts should the Statute change. The Palm Beach
County Property Appraiser concurs that the County’s Ordinance should be
modified to be consistent with the State Statutes. Staff is also recommending
an increase in the application fees from $1,000 to $2,000 to help offset costs
to review and process the applications. To date, 20 companies have been
approved under the Program since its inception in 1994. Over $2.3 million in business property taxes
have been forgiven to date. The Program
Criteria is being revised to be consistent with the proposed Ordinance
amendments. (Admin) Countywide (DW)
* * * * * * * * * * * *
DECEMBER 4, 2012
5. BOARD APPOINTMENTS
A. ADMINISTRATION
(Fair
Housing/Equal Employment Board)
1. Staff recommends
motion to approve: reappointment of one member to the
Fair Housing/Equal Employment Board for a term beginning on January 9, 2013,
through January 8, 2015. The appointment
is to be made from the following nominee:
Nominee Nominated
By Seat No.
Eric
Malkin Commissioner Burdick 2
Commissioner
Vana
Commissioner
Taylor
Commissioner
Berger
Summary: Eric Malkin is a current
at-large member of the Fair Housing/Equal Employment Board. He was reappointed
to the board on January 11, 2011 to complete a term that expires on January 9,
2013. Mr. Malkin has expressed an interest in reappointment and has met the
attendance requirement during his current term.
The board is composed of nine members.
Seven members are district appointments and two are at-large. The Ordinances require that the appointees
should reflect, to the greatest extent possible, representation from the
protected groups identified in the Ordinances and who have experience and interest
in equal opportunities. The board meets
quarterly. A memorandum was sent
to the Board of County Commissioners on October 12, 2012. Countywide
(DO)
B. PLANNING, ZONING & BUILDING
(Construction
Board of Adjustments & Appeals)
1. Staff recommends
motion to approve: appointment
of one new member to the Construction Board of Adjustments and Appeals, for a
term of four years:
Nominee Seat Requirement Nominated By
Term
Peter
Dzenutis 7 Other
Contractor
CIMC 12/4/12-12/3/16
SUMMARY: Palm Beach County Ordinance 89-31 created
the Construction Board of Adjustment and Appeals. The Construction
Industry Management Council of Palm Beach County (CIMC) has nominated Peter
Dzenutis. Mr. Dzenutis previously served in Seat 9 for a one year term. Per
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
members: one architect; one engineer; one general contractor; one electrical
contractor; one HVAC contractor; one plumbing contractor and any other
contractor licensed category. In addition to these members, there should
be two alternate members, one member with the qualifications referenced above
and one member at-large from the public. (Building Division) Countywide
(SF)
DECEMBER 4, 2012
5. BOARD
APPOINTMENTS
B. PLANNING, ZONING & BUILDING (Cont’d)
(Building
Code Advisory Board)
2. Staff recommends
motion to approve: A) reappointment of three members; and B)
appointment of one new
member to the Building Code Advisory Board, each for a term of three (3) years:
REAPPOINT
Member Seat Requirement Nominated By
Term
Doug Wise 2 Building
Official, District 2 BOAPBC 12/4/12-12/3/15
Jacek
Tomasik 6 Building Official, District 6 BOAPBC 12/4/12-12/3/15
William
Ray Higgins 13 Contractor CIMC 12/4/12-12/3/15
APPOINT
Nominee
Seat Requirement Nominated By
Term
Steven
Tobias 5 Building
Official, District 5 BOAPBC 1/02/13-1/01/16
SUMMARY: The
Building Code Advisory Board was established by a Special Act of the Florida
Legislature in 1974, and amended in 2001. The term of office for board
members is three years; with no limit to the number of terms a member may
serve. Construction Industry Management Council of Palm Beach County has nominated
William Ray Higgins. The Building Official’s Association of Palm Beach County
has nominated Doug Wise, Jacek Tomasik and Steven Tobias. The Board is
comprised of 16 members; composed of 7 Building Officials, 1 from each
commission election district; 7 members appointed from nominees submitted by
the Construction Industry Management Council of Palm Beach County; 1 registered
architect appointed from nominees submitted by the Palm Beach Chapter of the
American Institute of Architects; and 1 professional engineer appointed from
nominees submitted by the Palm Beach Chapter of the Florida Engineering
Society. Countywide (SF)
C. ENVIRONMENTAL
RESOURCES MANAGEMENT
(Artificial
Reef & Estuarine Enhancement Committee)
1. Staff recommends
motion to approve: one re-appointment of an at-large member to
the Artificial Reef and Estuarine Enhancement Committee (AREEC). Seat No.10 is for a term of three (3) years
beginning December 4, 2012, through December 3, 2015:
Nominee Seat
# Representing Term Nominated
By
James
Bowser 10 General Member 3 yrs Comm. Vana
Comm. Burdick
Comm. Berger
SUMMARY: Resolution No. R08-1511 provides for an
eleven-member AREEC. The membership consists of one representative of the County
Commission, one representative of commercial SCUBA diving, one representative
of recreational SCUBA diving, one representative of marine industry, one
representative of recreational fishing, one representative of fisheries, one
representative of an environmental organization, two representatives from other
government entity and two general members.
On October 1, 2012, the Board was advised that two seats were vacant and
need to be filled. Countywide (HF)
DECEMBER 4, 2012
5. BOARD
APPOINTMENTS
D. FACILITIES
DEVELOPMENT & OPERATIONS
(Palm Beach County Property
Review Committee)
1. Staff recommends
motion to approve: appointment
of Christopher Barry, AICP to the Palm Beach County Property Review Committee
(PRC) for a term of nine months beginning December 4, 2012, to August 16, 2013:
|
Nominee
|
Seat No.
|
Seat Requirement
|
Term
|
|
Christopher Barry, AICP
|
(4)
|
A representative with
expertise in land planning employed by a governmental agency with an office
in PBC or recommended by the PBC Planning Congress
|
December 4, 2012 – August
16, 2013
|
SUMMARY: On
February 23, 2010, the Board of County Commissioners adopted Resolution No.
2010-0292, which established the PRC consisting of five members appointed
at-large by the Board. Each member is
appointed to serve a term of three years, after the initial start up period,
with no limit on the number of terms an individual may serve. Bradley Miller, AICP served as the initial
Seat No. 4 representative on the PRC prior to his resignation effective
September 4, 2012. Seat No. 4 must be
filled by an individual with expertise in land planning. Mr. Barry satisfies that requirement and
currently has no conflicts of interest.
The Palm Beach County Planning Congress supports the appointment of Mr.
Barry. A memo was sent to the Board of
County Commissioners on October 2, 2012 advising of the vacant position as well
as Mr. Barry’s interest and qualification.
No other nominations were received.
Because PRC representatives work in the industry, conflicts may arise in
the future. If conflicts arise,
Disclosure will be required and Staff will follow the waiver process or take
other appropriate action. Countywide (HJF)
E. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
DECEMBER 4, 2012
6. MATTERS BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
DECEMBER 4, 2012
7. STAFF COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
DECEMBER 4, 2012
8. COMMISSIONER COMMENTS
A. District
1 - COMMISSIONER HAL R. VALECHE
B. District
2 – COMMISSIONER PAULETTE BURDICK
C. District
3 - COMMISSIONER SHELLEY VANA
D. District 4 – COMMISSIONER STEVEN L.
ABRAMS, CHAIRMAN
ADD-ON: Commissioner
Board Assignments Discussion.
E. District
5 - COMMISSIONER MARY LOU BERGER
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER PRISCILLA A. TAYLOR, VICE CHAIR
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."