ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
JULY 10, 2007
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 7 - 39)
4. SPECIAL
PRESENTATIONS - 9:30 A.M.
(Page 40)
5. PUBLIC HEARINGS - 9:30
A.M. (Pages 41 - 43)
TIME CERTAIN 10:00A.M. (Palm Beach Transportation Communications
Center) (Page 43)
6. REGULAR
AGENDA (Pages 44 - 48)
7. BOARD
APPOINTMENTS (Pages 49 - 52)
8. MATTERS
BY THE PUBLIC - 2:00 P.M. (Page 53)
9. STAFF
COMMENTS (Page 54)
10. COMMISSIONER
COMMENTS (Page 55)
11. ADJOURNMENT (Page 55)
* * * * * * * * * * *
JULY 10, 2007
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Resolution
from Town of Manalapan regarding House Bill 1363
3A-2 Budget
Amendment to recognize donation from City of Palm Beach Gardens for Scripps
3A-3 Resolution
amending the Overall Economic Development Program Committee
3A-4 First
Amendment with PBC Housing Authority for Neighborhood Partnership Grant
Page 8
3A-5 2007
Matchmaker Conference for small business owners
B. CLERK & COMPTROLLER
Page 8
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contract and final payments
3B-5 Report
of County Officials Bonds
C. ENGINEERING & PUBLIC WORKS
Page 9
3C-1 Reimbursement
Agreement with Valencia Lakes Homeowners Assoc. for re-asphalting
3C-2 Reimbursement
Agreement with Avalon Estates Homeowners Assoc. for re-asphalting
3C-3 Change
Order No. 2 with J.W. Cheatham, LLC for Persimmon Blvd. construction
3C-4 Second
Amendment with Kimley-Horn and Assoc. for professional consulting services
Page 10
3C-5 Contract
with Rosso Paving & Drainage for Yamato Road construction
3C-6 Contract
with Charles S. Whiteside, for Westgate North infrastructure improvements
3C-7 Payment
to South Indian River Water Control District for hurricane damaged easements
3C-8 Fifty-seven
Resolutions for declaring parcels acquisition for construction of Northlake
Blvd.
Page 11
3C-9 Agreement
with Bay Hill Estates Property Owners Assoc. for traffic control jurisdiction
3C-10 County Deed in favor of Joan H. Woodson
3C-11 License Agreement with School Board needed for widening Okeechobee
Blvd.
3C-12 Agreement with The Signal Group for annual traffic signal loop
detectors contract
3C-13 Termination of Declaration of Maintenance Covenants relative to Jog
Rd/Woolbright Rd
Page 12
3C-14 Agreement with Boca 54, LLC for off-site improvement relative to
Office Depot Headquarters
3C-15 Task Agreements for services related to bridge over the “M” Canal
3C-16 Budget Transfer for curbing on El Clair Ranch Road
3C-17 Budget Transfer for District 3 road program projects
Page 13
3C-18 Interlocal Agreement with City of Delray Beach relative to Barwick
Road
D. COUNTY ATTORNEY
Page 13
3D-1 Amendment
No. 1 with Ruden McClosky et. al. for bond counsel
services
3D-2 Amendment
No. 1 with Hogan & Hartson LLP for disclosure counsel services
3D-3 Quit-Claim
Deed to Jeffrey Kugler & Elizabeth Smart-Kugler relative to PB Farms Plat
No. 3
Page 14
3D-4 First
Amendment w/Billing, Cochran, et. al. regarding
countywide fire rescue dispatch funding
3D-5 Amendment
No. 1 with Edwards Angell Palmer & Dodge regarding bond counsel services
3D-6 Amendment
No. 1 with Holland & Knight LLP regarding disclosure counsel services
JULY 10, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
E. COMMUNITY SERVICES
Page 15
3E-1 Contract
with Oakwood Center of the Palm Beaches for 17 permanent housing beds
3E-2 Payment
for services to Easter Seals and Quantum Foundation
3E-3 Contract
with Adoption by Shepherd Care for “Choose Life” license plate funds
3E-4 Amendment
No. 1 w/Minority Development & Empowerment changing reimbursement method
F. AIRPORTS
Page 16
3F-1 Contract
w/J.F. Houston Construction for misc. repairs/improvements at Glades Airport
Page 17
3F-2 Termination of North County Aviation Hangars
with Barry Aviation Florida, Inc.
3F-3 New
standard Executive Hangar Lease Agreement form
Page 18
3F-4 Receive
and file ten (10) standard agreements for Department of Airports
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 19
3G-1 Settlement
Offer of Code Enforcement Lien against Palm Bay Investments, Inc.
3G-2 Issuance/Sale
of Public Improvement Revenue Bonds (Biomedical Research Park)
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 20
3H-1 Amendment
No. 1 with Kerney & Associates, Inc. to annual HVAC contract
3H-2 Amendment
No. 1 with Precision Air Systems, Inc. to annual HVAC contract
3H-3 Amendment
No. 1 with Hawthorne Industries, Inc. to annual HVAC contract
Page 21
3H-4 Amendment
No. 1 with Siemens Building Technologies, Inc. to annual HVAC contract
3H-5 Amendment
No. 1 with E.C. Stokes Mechanical Contractor to annual HVAC contract
3H-6 Amendment
No. 1 with York International to annual HVAC contract
Page 22
3H-7 Amendment
No. 1 with Farmer & Irwin Corp. to annual HVAC contract
3H-8 Contract
with Robling Architecture Construction, Inc. for Job Order Contract-South
3H-9 Contract
with Metals Treatment Technologies for site clean-up at shooting range
3H-10 Annual contract with Certified Roofing Specialists, Inc.
Page 23
3H-11 Annual contract with Advanced Roofing,
Inc.
3H-12 License Agreement w/Palm Beach County Genealogical Society for space
in Main Library
3H-13 Use Agreement with Supv. of Elections for use of Building 1169 at
PBIA for storage
3H-14 Contract w/Gentile, Holloway, O’Mahoney for property development
evaluation services
Page 24
3H-15 Contract with The Weitz Company for construction management services
for capital projects
3H-16 Contract w/Catalfumo Construction for construction management services
for capital projects
3H-17 Contract with West Construction for PBSO West County Jail
improvements
Page 25
3H-18 Amendment No. 10 with The Weitz Company relative to the West Boca
Branch Library
3H-19 Agreement with Florida Division of Forestry regarding County’s 800
MHz radio system
3H-20 Concessionaire Service Agreement with Brian & Jennifer Wilson at
Carlin Park
Page 26
3H-21 Utility License from W.P.R.F., Inc. for groundwater monitoring well
at CRRWF
3H-22 Amendment No. 1 with School Board for lease of space at Delray Full
Service Center
Page 27
3H-23 Deed of Conservation Easement/Restrictive Covenant for littoral
planning at W. Boca Library
3H-24 Drainage Easement with Village of Windsor by Ansca Homes for Fire
Station No. 48
3H-25 Resolution conveying 142 sq. ft. parcel of land to Anthony M. Vega
Page 28
3H-26 Partial Assignment & Assumption of Lease from SFWMD
JULY 10, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
I. HOUSING & COMMUNITY DEVELOPMENT
Page 28
3I-1 Agreements
w/cities of Delray Beach and Greenacres for Disaster Recovery Initiative
funding
3I-2 Amendment
No. 1 with Oakwood Center for Community Development Block Grant funds
Page 29
3I-3 Agreement
with Northwest Riviera Beach CRC for development of affordable housing
3I-4 Agreement
with Lake Worth CRC for development of affordable housing
3I-5 Amendment
No. 1 with City of Belle Glade for Community Development Block Grant funds
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 30
3K-1 Change
Order No. 6 with Widell, Inc. for Northern Region Utility Site improvements
3K-2 Work
Authorization No. 8 with AKA Services, Inc. for Cypress Lakes Reclaimed Water
Main
3K-3 Resolution
amending Whippoorwill Lakes Water Main Extension
Page 31
3K-4 Work Authorization No. 2 with CH2M Hill for
Southern Region Water Reclamation facility
3K-5 Work
Authorization No. 3 with Foster Marine Contractors for WTP. No. 8 pipeline project
3K-6 Interlocal
Agreement with Seminole Improvement District for operation/maintenance of
water, wastewater
and reclaimed water treatment facilities
3K-7 Appointment
of Brian Shields to the ECRWTF Operations Board
Page 32
3K-8 First
Amendment with Seacoast Utility Authority for purchase and sale of bulk potable
water and wastewater service
3K-9 Work
Authorization No. 5 with AKA Services for Ferndale Dr. Water Main Extension
3K-10 Deleted
3K-11 Change Order No. 4 with R.J. Sullivan, Corp. for WTP No. 8 expansion
Page 33
3K-12 Utility Work by Highway Contractor Agreement with FDOT
3K-13 Deleted
3K-14 Receive and file five (5) standard development agreements
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 33
3L-1 Notice
for Engineering Consultant Services for various projects
Page 34
3L-2 First
Amendment with Town of Palm Beach regarding submerged lands in Lake Worth
Lagoon
3L-3 Deleted
3L-4 Contract
with American Earth Movers, Inc. for Chain of Lakes Restoration project
3L-5 Contract
with Florida Fish & Wildlife Conservation Commission for Square Lake/East
Slough Wetland
Restoration project
M. PARKS & RECREATION
Page 35
3M-1 Grant
Application to renovate DuBois Pioneer Home to FL Division of Historical
Resources
3M-2 Receive
and file four (4) Independent Contractors Agreements
Page 36
3M-3 Agreement
with Humane Society of Greater Jupiter-Tequesta for 21st Celebrity
Dog Wash
3M-4 School
Board RAP for Boca Raton High Project Graduation 2007
3M-5 School
Board RAP for Pahokee Middle/High School for Sugar Bowl Music Festival
3M-6 Agreement
with Boynton Woman’s Club for roof replacement
3M-7 First
Amendment with City of Boynton Beach for Recreation Center at Wilson Park
JULY 10, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS & RECREATION
(Cont’d)
Page 37
3M-8 Agreement
with City of Belle Glade for Airport Park lighting improvements
3M-9 Budget
Transfer for Park Ridge Golf Course
3M-10 Concessionaire Service Agreements for north, west, and south Parks
& Rec. facilities
Page 38
3M-11 Budget Transfer for Jupiter Beach Park seawall
N. LIBRARY - None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION
Page 38
3Q-1 Receive
and file five (5) grant agreements from FL Dept. of Law Enforcement
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 39
3S-1 Write-off
of uncollectible Advance Life Support transport accounts
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES - None
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY - None
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN - None
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 40
4A American Business Women’s Day
4B Certificate of Appreciation to
Sandsifters
PUBLIC HEARINGS - 9:30 A.M.
Page 41
5A Application
of Galaxy Aviation of Palm Beach, Inc. for Variable Rate Demand Airport Revenue
Bonds
5B Palm
Beach County Action Plan for FY 2007-2008 for HUD funds
Page 42
5C Uniform
Method of collecting non-ad valorem special assessments
5D Proposed
fare increase for Palm Tran fixed route and Connection services
5E Five-Year
Road Program Ordinance
Page 43
5F Palm
Beach Transportation Communication Center Zoning Application
TIME CERTAIN 10:00A.M.: CONTINUED FROM JUNE 28, 2007 ZONING MEETING
JULY 10, 2007
TABLE OF CONTENTS
REGULAR AGENDA
ADMINISTRATION
Page 44
6A-1 Interlocal
Agreement creating the Palm Beach Workforce Development Consortium
ENVIRONMENTAL
RESOURCES MANAGEMENT
Page 45
6B-1 Restoration
Cost-Share Project Agreement with U.S. Natural Resources Conservation Service for
Loxahatchee Slough Natural Area – Sandhill Crane East Restoration and Winding
Waters Natural Area Restoration projects
Page 46
6B-2 2007
Public Lands Grant Program application rankings
FIRE
RESCUE
Page 46
6C-1 Ordinance
to include newly created Town of Loxahatchee Groves into Fire Rescue MSTU
PLANNING,
ZONING & BUILDING
Page 47
6D-1 Resolution
to commence the negotiation process for an interlocal service boundary
agreement with Village of Palm Springs
6D-2 Revised
Annexation Charter Amendment Implementation Ordinance
Page 48
6D-3 Interlocal
Agreement with Town of Loxahatchee Groves providing for Zoning review for applications
BOARD APPOINTMENTS (Pages 49 - 52)
MATTERS BY THE PUBLIC – 2:00 P.M.
(Page 53)
STAFF COMMENTS (Page 54)
COMMISSIONER
COMMENTS (Page 55)
ADJOURNMENT (Page 55)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends motion to receive and file: Resolution No. R11-2007 by the Town Commission of the Town of Manalapan, Florida to support House Bill 1363 entitled “Organized Criminal Activity”.
2. Staff recommends
motion to approve: a Budget
Amendment of $2,947,615 in the Capital Improvement Fund to recognize the
donation from the City of Palm Beach Gardens to the Scripps/Briger Building
Construction (CIP) Project. SUMMARY: The City of Palm Beach Gardens adopted a
Resolution (27-2006) on February 13, 2006, expressing continued support for
Scripps Florida to locate on the FAU John D. MacArthur Campus and Briger
parcel. The City committed $3,000,000 for infrastructure improvements,
concurrency reservation, and/or land purchase costs for the acquisition of
approximately 70 acres within the Briger property. The Agreement also required the City to
obtain due diligence on the property at the County’s request and permitted the
City to deduct the actual costs of $52,385 of the due diligence from the
reimbursement payment. Countywide/District
1 (JM)
3. Staff recommends
motion to adopt: a Resolution by the Board of County Commissioners of
Palm Beach County, Florida, amending Resolution No. R2005-1921 to increase the
number of members on the Overall Economic Development Program (OEDP) Committee
from twenty-five (25) to thirty-one (31) members. SUMMARY: This Resolution
will amend Section 6: Membership to allow for thirty-one (31) committee members
by adding the following six (6) new Seats:
1. The
Palm Beach County Department of Airports - Seat No. 24;
2. The
Florida Inland Navigation District - Seat No. 25;
3. The
World Trade Center Association Palm Beach, Inc. - Seat No. 26;
4. A
North County Business Representative - Seat No. 27;
5. A
South County Business Representative - Seat No. 28; and
6. A
Cluster Industry Representative - Seat No. 29.
These new Seats will add an important
dimension to the Overall Economic Development Program (OEDP) Committee, reflecting
the growth of Palm Beach County and contributing to the future implementation
of the Strategic Economic Development Plan. The OEDP Committee supports this
recommendation. Countywide (DW)
4. Staff recommends motion to approve: First Amendment to the Agreement (R2006-2160) with Palm Beach
County Housing Authority for the Neighborhood Partnership Grant (NPG)
Program. SUMMARY: The Palm Beach County Housing
Authority requested the County amend their NPG Agreement (R2006-2160), to
revise the political entity reference from a Florida not-for-profit corporation
to a Florida Special District of the State of Florida and amend the name of
their Executive Director from Barry F. Seaman to Joe Zalman. District 6 (AH)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION (Cont’d)
5. Staff recommends
motion to approve: participation in an amount not-to-exceed
$6,000 by the Office of Small Business Assistance ($2,000), Department of
Airports ($2,000) and Palm Tran ($2,000) in the Palm Beach Partners 2007
Matchmaker Conference & Expo to be held on September 18, 2007 in the Palm
Beach County Convention Center. SUMMARY: The Office of Small Business Assistance,
Department of Airports and Palm Tran are participating with the School
District, South Florida Water Management, the City of West Palm Beach and the
Center for Technology, Enterprise & Development, Inc., (TED Center) to
present the 2007 Matchmaker Conference & Expo (a statewide
conference). The conference and expo
will provide Small Business Enterprise owners an opportunity to collaborate
with larger business, in an effort to increase business opportunities and
knowledge of programs afforded by the above listed governmental partners. Countywide (TKF)
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners= meetings:
Meeting Type Meeting Date
Regular April 10,
2007
Regular May 15, 2007
3. Staff recommends
motion to approve: Contracts (regular) and claim settlements list
as submitted by various departments to the Clerk & Comptroller=s Office.
Countywide
4. Staff recommends
motion to receive and file:
change orders, work task orders, minor contracts, final payments and
other items approved by the Contract Review Committee and by the department
heads for the Engineering Department; Facilities Development and Operations
Department; Water Utilities Department; Environmental Resources Management Department;
and the Department of Airports during May 2007. Countywide
5. Staff recommends
motion to review for sufficiency and to receive and file: Report of County Officials Bonds for the
Board’s examination as to the sufficiency of the sureties; dated June
2007. SUMMARY: Ordinance 98-51
sets various bond amounts for specified county officers and provides for
examination of the sufficiency of all the bonds at the regular meeting of the
Board of County Commissioners in January and June of each year. Countywide
(PFK)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve:
A) a Reimbursement Agreement in the amount of $16,000 with the Valencia
Lakes Homeowners Association to reimburse the Association for costs incurred
removing brick pavers and re-asphalting; and
B) a Budget Transfer of $16,000 in the Transportation Improvement Fund from
Reserve for District 5 to brick paver removal from Valencia Lakes at Hagen
Ranch Road – District 5.
SUMMARY: This
Agreement will reimburse the Association for costs incurred as a result of
removing brick pavers from their entrance road.
The brick pavers will be replaced with asphalt resurfacing so the County
can install signal detection loops in the egress lanes to accommodate the
signal installation. District 5 (MRE)
2. Staff recommends
motion to approve:
A) a Reimbursement Agreement in the amount of $16,000 with the Avalon
Estates Homeowners Association to reimburse the Association for costs incurred
removing brick pavers and re-asphalting; and
B) a Budget Transfer of $16,000 in the Transportation Improvement Fund from
Reserve for District 5 to brick pavers removal from Avalon Estates at Hagen
Ranch Road – District 5.
SUMMARY: This
Agreement will reimburse the Association for costs incurred as a result of
removing brick pavers from their entrance road.
The brick pavers will be replaced with asphalt resurfacing so the County
can install signal detection loops in the egress lanes to accommodate the
signal installation. District 5 (MRE)
3. Staff recommends
motion to approve: Change Order
No. 2 in the amount of $14,350, together with a 20-day time extension to
Contract No. R2006-2350 with J.W. Cheatham, LLC for construction of Persimmon
Boulevard South Extension from 110th Avenue North to Okeechobee
Boulevard. SUMMARY: Change Order No. 2
is compensation for additional costs and delays resulting from an error in the
survey control points furnished to the contractor. Districts 2 & 6 (MRE)
4. Staff recommends
motion to approve: the Second
Amendment to Agreement R2004-1620, for professional consulting
services with Kimley-Horn and Associates, approved on July 13, 2004. SUMMARY: This Agreement provides for professional
services to develop a database showing the traffic from all approved
projects. The database will be used for
future concurrency traffic studies and a new five (5) year built-out test. The goal for Small Business Enterprise
Minority/Women Business Enterprise (SBE/MBE) is 15%. The actual participation level is 20% for SBE/MBE,
achieved through their sub-consultant, M.T.P. Group, Inc. This Agreement
will extend the date for completion of the work from July 31, 2006 to July 31,
2007, and allow for reallocation of budget amounts among the various labor and
direct expense tasks to better balance the project effort with task budgets. Countywide (LB)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
5. Staff recommends
motion to approve: a
$1,073,440.70 Contract with Rosso Paving & Drainage, Inc., the lowest
responsive, responsible bidder, for the construction of Yamato Road from west
of Cain Boulevard to west of S.R. 7 (Project).
SUMMARY: This Contract will provide all the work necessary
to construct the Project. The Small
Business Enterprise (SBE) goal for the Project is 15% overall. The SBE participation committed for the
project by Ranger Construction South, the low bidder, is 0.00% overall and does
not meet the SBE requirement for this Project.
The second low bidder, Rosso Paving & Drainage, Inc., has met the
SBE requirement (52%) for this project and their bid falls within the limit for
ranking of responsive bidder consideration ($64,675.15 more than the Ranger
bid). District 5 (MRE)
6. Staff recommends
motion to approve:
A) a Contract with Charles S. Whiteside, Inc., in the amount of
$2,299,451.25, for the construction of the Westgate North Infrastructure
Improvements – Phase 3 (Project); and
B) Change Order No. 1 for a forty-five (45) day contract extension.
SUMMARY:
Phase 3 of the Project includes sidewalk construction, roadway paving,
retention area excavation, drainage piping, potable water modifications and
installation of sanitary sewer improvements to portions of Cherokee Avenue,
Genesee Avenue and Seminole Boulevard.
This Project is federally funded and the Contractor has met the
requirements of the Davis-Bacon
Act and Federal Wage requirements. The
Small Business Enterprise (SBE) goal for the Project is 15%. The SBE participation committed for the
project by Charles S. Whiteside, Inc., is 15.20% overall. District 2 (MRE)
7. Staff recommends
motion to approve: a Reimbursement
payment to the South Indian River Water Control District (SIRWCD) for a share
of repair costs to damaged drainage easements and canal outfalls shared by the
County within their District. SUMMARY: The County’s portion of the shared cost for
storm damaged drainage easements and canal outfalls caused by Hurricanes
Frances, Jeanne and Wilma is $163,000 funded from the County’s Transportation
Trust Fund. Countywide (MRE)
8. Staff recommends
motion to adopt: Resolutions
declaring the acquisition of property designated as Parcel 135 as a whole-take
in fee simple for the retention pond; Parcels 132 and 133 as partial takes in fee simple for the
necessary Right-of-Way; Parcels 105, 106, 107, 108, 109, 111, 113, 117, 119,
121, 125,129, 130 and 159 as perpetual Right-of-Way Easements; Parcels 205,
206, 208, 221, 225, 229, 230, 232, 233, 236, 239, 248, 249, 252, 253, 255, 256,
258 and 259 as perpetual Embankment Easements; Parcels 305, 307, 311, 313, 317,
319, 333, 340, 341, 342, 343, 344, 345, 346, 354, 356, 357, 358, 362, 363 and
364 as Temporary Construction Easements, necessary for the construction and
improvement of Northlake Boulevard from east of Seminole Pratt Whitney Road to
east of Coconut Boulevard, to be a public necessity, authorizing the selection
of appraisers and filing of Eminent Domain proceedings. SUMMARY: This action will initiate Eminent Domain proceedings
against fifty-seven (57) parcels comprising of a retention pond, right-of-way
and easements with an appraised value of $2,859,080. This will also change previous Board
direction. The County will not pursue
eminent domain on the 10-acre site (Boose/Elmore) as previously directed by the
Board in January, instead we will be acquiring an adjacent 13-acre parcel
(Parcel 135). Districts 1 & 6
(PM)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
9. Staff recommends
motion to approve: an Agreement
with Bay Hill Estates Property Owners Association Incorporated for traffic
control jurisdiction to be performed by the Sheriff’s Office. SUMMARY: This Agreement authorizes the Palm Beach
County Sheriff’s Office to provide traffic control enforcement services within
the above-referenced private residential community. District 6 (MRE)
10. Staff recommends
motion to approve: a County Deed
in favor of Joan H. Woodson for the northern most portion of a parcel known as
Pine Tree Drive in Tequesta. SUMMARY: This item will convey title of County-owned
property, being the northern most portion of a parcel known as Pine Tree Drive,
to the adjacent property owner. This
portion is not a roadway and is not maintained by Palm Beach County. District 1 (PFK)
11. Staff recommends
motion to approve: a License
Agreement with the School Board of Palm Beach County (School Board), which is
necessary for the eight (8) lane widening of
Okeechobee Boulevard, west of State Road 7 to west of Jog Road project. SUMMARY: This action approves a License Agreement with
the School Board which is required for school entrance road adjustments on the
Okeechobee Boulevard, west of State Road 7 to west of Jog Road project. Districts 2 & 6 (PFK)
12. Staff recommends
motion to approve: an Agreement with The Signal Group, Inc., the
lowest responsive, responsible bidder, for a Contract not-to-exceed the total
value of $405,655 for task orders, which may be issued for the Annual Traffic
Signal Loop Detectors Contract. SUMMARY:
The Annual Traffic Signal Loop Detectors Contract consists of the
installation and/or furnishing of traffic detection loop items as needed on
roadways countywide. The Small Business
Enterprise (SBE) goal for the Project is 15%.
Neither of the two (2) bidders, The Signal Group, Inc. nor Roadway
Technologies, LLC, met the SBE requirement for this Project. Countywide (MRE)
13. Staff recommends
motion to approve: a Termination
of Declaration of Maintenance Covenants.
SUMMARY: Approval of this action will provide for the
termination of the Declaration of Maintenance Covenants previously recorded by
the property owner, Herbert F. Kahlert, individually, and as Personal
Representative of the Estate of Heinz Kahlert and Karl A. Kahlert et al, in
accordance with the requirements of Condition E3 of Palm Beach County Zoning
Petition PDD 1999-035. The owner was
required to install and maintain landscaping within the median strip of Jog
Road at its intersection with Woolbright Road and file this covenant. This
median strip on the owner’s frontage is limited to a concrete traffic
separator. The Declaration of
Maintenance Covenants was recorded in the Official Records of the Clerk of Palm
Beach County, Official Record Book 12968 Page 0912. Subsequently, in October of 2004, the Board
of County Commissioners of Palm Beach County (BCC) directed staff not to
require developers to install median separator cutouts any longer. This ended the requirement of median
maintenance in this case and the Median Maintenance Covenants became
unnecessary. District 5 (PFK)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
14. Staff recommends
motion to approve: an Agreement with the Boca 54, LLC to provide
funds of up to $2,000,000, which will be reimbursed by the State of Florida Office of Tourism,
Trade, and Economic Development (OTTED), for off-site roadway improvements
associated with the new Office Depot Headquarters. SUMMARY: This Agreement will allow Palm Beach County to pay Boca 54, LLC for the
cost of off-site improvements required for the Office Depot Headquarters. The funds will be reimbursed to the County by
a grant for Economic Development Transportation Funds (EDFT) from OTTED for
off-site roadway improvements required for the Office Depot Headquarters. District 4 (MRE)
15. Staff recommends
motion to approve:
A) a Budget Transfer of $241,055 in the Unincorporated Fund from Reserves
to 60th Street Bridge over the “M” Canal (Project);
B) a $129,211 Task Agreement with Keshavarz & Associates (KAI), to
provide engineering surveying, permitting, and geotechnical services for the
Project; and
C) a $48,546 Task Agreement with Bridge Design Associates, Inc. (BDA) for
structural engineering services for a bridge over the ‘M’ Canal.
SUMMARY: The
Budget Transfer will provide funds for the engineering services required for
the preparation of plans and specifications for the Project. The Project is a Municipal Service Taxing
Unit (MSTU) Street Improvement Project, and the benefiting property owners to
the west of the Project will be assessed 50% of the project design and future
construction costs, currently estimated at $1.84 million dollars. District 6 (PFK)
16. Staff recommends
motion to approve: a Budget Transfer of $20,000 in the Transportation
Improvement Fund from Reserve for District 5 to Sun Valley Curbing - District
5. SUMMARY: The District 5 Transportation Improvement
Fund will pay for the requested curbing on El Clair Ranch Road to improve the
safety and reduce u-turns in the swales. District 5 (MRE)
17. Staff recommends
motion to approve: Budget
Transfer of $750,000 in the Transportation Improvement Fund from Reserve for
District 3 to Reserve - Road Program Sweeps.
SUMMARY: This Budget
Transfer provides additional funding for road program projects from District 3
unallocated reserve. District 3 (MRE)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
18. Staff recommends
motion to approve:
A) an
Interlocal Agreement in the amount of $134,000 with the City of Delray Beach
for future road work on Barwick Road, in association with the transfer of
jurisdictional responsibility of the road to the City of Delray Beach; and
B) a
Budget Transfer of $134,000 in the Transportation Improvement Fund from Reserve
for District 4 to the City of Delray Beach for Barwick Road.
SUMMARY: The City of Delray Beach has agreed to assume
maintenance responsibility for Barwick Road from West Atlantic Avenue, north to
the Lake Worth Drainage District (LWDD) L-30 Canal. The Budget Transfer is to provide the City of
Delray Beach (City) with funding for the resurfacing of the road and the
installation of a traffic separator, both of which were scheduled to be done in
the near future. District 4 (MRE)
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: Amendment No.
1 to the Agreement (R2007-0021) with the law firm of Ruden McClosky Smith
Schuster & Russell, P.A., to
provide bond counsel and related legal services for the $105 million Public
Improvement Revenue Bonds, Series 2007 (Biomedical Research Park Project). SUMMARY: The law firm was selected
as bond counsel for the above financing by the Board at the June 5, 2007
meeting. This Amendment No. 1 confirms
that selection by amending the existing Agreement for bond counsel and related
services between Palm Beach County and the law firm. Payment for the legal services in connection
with the bond issuance will be as provided for in the Agreement. Countywide (PFK)
2. Staff recommends motion to approve: Amendment No. 1 to the Agreement (R2007-0020) with the law firm of Hogan & Hartson LLP, to provide disclosure counsel and related legal services for the $105 million Public Improvement Revenue Bonds, Series 2007 (Biomedical Research Park Project) (the “Bonds”). SUMMARY: The law firm was selected as disclosure counsel for the Bonds by the Board at the June 5, 2007 meeting. This Amendment No. 1 confirms that selection by amending the existing Agreement for bond counsel and related services between the County and the law firm. Payment to the law firm for the legal services in connection with the disclosure counsel services will be at 50% of the amount paid to bond counsel for the Bonds. Countywide (PFK)
3. Staff recommends
motion to approve: execution of a Quit-Claim Deed to Jeffrey
Lawrence Kugler and Elizabeth M. Smart-Kugler, husband and wife, conveying any
County interest in certain rights-of-way in Palm Beach Farms Plat No. 3. SUMMARY: Recent recorded quit-claim deeds to the
County from West Peninsular Title Company and Absolute, Inc. have raised a
title issue. County Quit-Claim Deeds
have been used to resolve this title issue with other affected property
owners. This Quit-Claim Deed covers
certain Palm Beach Farms Plat No. 3 strips that had lost public dedication
through the West Peninsular federal lawsuit.
The property is located at 562 Whippoorwill Way, West Palm Beach,
Florida. District 6 (PFK)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (Cont’d)
4. Staff recommends
motion to approve: First
Amendment to Agreement with Billing, Cochran, Heath, Lyles, Mauro &
Anderson, P.A., for Legal Services (R2006-0539) in a law suit relating to
countywide fire rescue dispatch funding.
This First Amendment increases the not-to-exceed amount by One Hundred
Thousand Dollars ($100,000) for fees and Five Thousand Dollars ($5,000) for
costs, for a total not-to-exceed contract amount of Two Hundred Thirty Thousand
Dollars ($230,000) for legal services at trial, rehearing, and all appellate
levels. This contract is effective
retroactively to February 1, 2007. SUMMARY: Pursuant to the Agreement dated April 4, 2006,
between the parties for legal services (R2006-0539), the law firm of Billing,
Cochran, et. al. was engaged to represent the County in a law suit initiated by
the City of Boca Raton and the City of Delray Beach regarding the manner in
which the County has chosen to fund its Countywide Fire Rescue Dispatch System. This law firm has expertise in governmental,
constitutional and funding matters and challenges. Additional novel and complex issues arose
during the course of litigation, including the intervention by numerous other
municipalities, which resulted in additional, substantial time and effort by
the law firm. Based upon the law firm’s
expertise and their knowledge of the issues raised at trial, approval of this
First Amendment will allow the law firm to continue to assist the County
through rehearing and all appellate levels, should the County decide to pursue
an appeal. Countywide (SB)
5. Staff recommends
motion to approve: Amendment No. 1 to the Agreement (R2007-0024)
with the law firm of Edwards Angell Palmer & Dodge LLP, to provide bond
counsel and related legal services for the $165 Million Public Improvement
Revenue Bonds, Series 2008, for the jail expansion program and other government
facilities (the “Bonds”). SUMMARY: The law firm was selected as bond counsel for
the above financing by the Board at the June 19, 2007 meeting. This Amendment No. 1 confirms that selection
by amending the existing Agreement for bond counsel and related services
between Palm Beach County and the law firm.
Payment for the legal services in connection with the bond issuance will
be as provided for in the Agreement. Countywide
(PFK)
6. Staff recommends
motion to approve: Amendment No.
1 to the Agreement (R2007-0477) with the law firm of Holland & Knight LLP,
to provide disclosure counsel and related legal services for the $165 million
Public Improvement Revenue Bonds, Series 2008, for the jail expansion program
and other government facilities (the “Bonds”).
SUMMARY: The law firm was
selected as disclosure counsel for the Bonds by the Board at the June 19, 2007
meeting. This Amendment No. 1 confirms
that selection by amending the existing Agreement for bond counsel and related
services between the County and the law firm.
Payment to the law firm for the legal services in connection with the
disclosure counsel services will be at 50% of the amount paid to bond counsel
for the Bonds. Countywide (PFK)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Contract with Oakwood Center of the Palm
Beaches, Inc. for the period August 1, 2007, through July 31, 2008, in an
amount of $168,847 for 17 permanent housing beds for disabled, homeless
individuals. SUMMARY: This Contract
with Oakwood Center of the Palm Beaches, Inc. is a collaborative with the
Division of Human Services funded under a Housing and Urban Development (HUD)
Shelter Plus Care Program Grant. The
grant provides rental assistance for permanent housing beds for 17 disabled,
homeless individuals. No local match is
required by the County for this grant. (Human
Services) Countywide (TKF)
2. Staff recommends
motion to approve: Payment for services in a total amount not-to-exceed
$55,000 to the following providers:
A)
Easter Seals Florida, Inc. in an amount of $45,000, for early
intervention occupational, physical, and speech therapy services for fragile
and disabled children ages 0 – 3; and
B)
Quantum Foundation in an amount of $10,000, for the Senior Flu
Immunization Project administered through the Area Agency on Aging to
approximately 2,000 seniors.
SUMMARY: On July 13, 2006, and September 19, 2006, the
Board of County Commissioners approved the list of agencies and funding
allocations under the Financially Assisted Agency (FAA) Program and Other
County Sponsored, including the above listed agencies. Both agencies provide services and bill the
County for the agreed upon amount. Countywide
(TKF)
3. Staff recommends
motion to approve: Contract with
Adoption by Shepherd Care for the period July 1, 2007, through June 30, 2008,
in the amount of $100,000, providing for the use of “Choose Life” license plate
funds. SUMMARY: Adoption by
Shepherd Care meets the intent of Section 320.08058(30), Florida Statutes,
which requires counties to distribute annual use fees from the sale of “Choose
Life” license plates. Services provided are limited by the Statute and involve
meeting the physical needs of pregnant women who are committed to placing their
children up for adoption. The Contract
funding recommended in this item reflects part of the total funds received from
the “Choose Life” license plate funds for the 2005 - 2006 fiscal year. Countywide (TKF)
4. Staff recommends
motion to approve: Amendment No.
1 to Contract (R2007-0747; dated May 15, 2007) with Minority Development and
Empowerment, Inc. to change reimbursement method from unit cost to actual cost
of service. SUMMARY: The Amendment
will change the current method of reimbursement from unit cost to actual cost
for outreach services. A unit is a per
person service as opposed to outreach which involves more than one. There is no change in the dollar amount of
the contract. (Ryan White) Countywide (TKF)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends motion to approve:
A) the
Construction Manager (CM) at Risk Contract with J.F. Houston Construction, Inc.
for a term of two (2) years with three (3), one (1) year renewable options in
the amount of $622,158 for miscellaneous repair, replacement and improvement projects
at Palm Beach County Glades Airport (Pahokee); and
B)
a Budget Amendment of $497,726 in the Airport’s Improvement and
Development Fund to recognize grant funding from the Florida Department of
Transportation (FDOT); authorize budget of $622,158 for the first phase of the
redevelopment program at Pahokee Airport; which includes a transfer from
reserves of $124,432.
SUMMARY: The
Department of Airports requested proposals for CM at Risk Services for
Miscellaneous Repair, Replacement and Improvement Projects at Pahokee Airport.
Based on this request, two (2) proposals were received on October 18,
2006. On December 20, 2006, the
Countywide Selection Committee selected the firm of J.F. Houston Construction,
Inc. to provide these services. The
services identified and negotiated in this contract include various tasks
related to the reconstruction of the T-Hangars at Pahokee Airport in the amount
of $622,158. The services provided in
this agreement constitute the first phase of a multi-phase redevelopment
program at Pahokee Airport. Certain
tasks performed during the term of this Contract will be eligible for State
grant participation. The Small Business Enterprise (SBE) goal for this Contract
was established at 15%. J.F. Houston
Construction, Inc. met 15% SBE participation.
Countywide (JCM)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
2. Staff recommends motion to:
A) approve
Termination of the North County General Aviation Airport Hangar Lease Agreement
with Barry Aviation Florida, Inc., dated July 21, 2004 (R2004-1665) for Hangar
No. 11300-19, effective July 10, 2007 for failure to make required rental
payments;
B) approve Termination of the North County
General Aviation Airport Executive Hangar Lease Agreement with Barry Aviation
Florida, Inc., dated October 18, 1995 (R95-1744D), as assigned on March 19,
1999 (R99-533D) for Hangar No. 11250-8, effective July 10, 2007 for failure to
make required rental payments;
C) approve Termination of the North County General Aviation Airport Executive
Hangar Lease Agreement with Barry Aviation Florida, Inc., dated January 7, 2003
(R2003-0039) for Hangar No. 11250-2, effective July 10, 2007 for failure to
make required rental payments; and
D) authorize the County Attorney’s Office to
initiate eviction proceedings or other appropriate legal action against Barry
Aviation Florida, Inc., if necessary.
SUMMARY: The Board
approved the North County General Aviation Airport Hangar Lease Agreement for
Hangar No.11300-19 on August 17, 2004; the North County General Aviation
Airport Executive Hangar Lease Agreement for Hangar No.11250-8 on December 19,
1995, which was assigned to Barry Aviation Florida; and the North County
General Aviation Airport Executive Hangar Lease Agreement for Hangar No.
11250-2 on January 7, 2003. Since
January 1, 2007, Barry Aviation Florida has failed to make its monthly rental
payments as required by the Lease Agreements.
Staff is recommending termination of the Lease Agreements effective July
10, 2007. Although it is unclear whether
legal proceedings will be necessary, the Department is requesting the Board to
authorize the County Attorney’s Office to proceed with appropriate legal action
in the event eviction proceedings and/or proceedings for the recovery of unpaid
rentals or damages becomes necessary. Countywide (JB)
3. Staff recommends
motion to adopt: Resolution delegating authority to the County
Administrator or his designee to execute a standard form Executive Hangar Lease
Agreement; providing for a variance from the Minimum Standards for Commercial
Aeronautical Activities at the North County General Aviation Airport
(R2003-1956); repealing Resolution 95-846; and becoming effective upon
adoption. SUMMARY: The Resolution approves a new standard
form Executive Hangar Lease Agreement that may be executed by the County
Administrator or his designee. The Resolution
will allow minor modifications to the standard form to update insurance
requirements, to make non-material changes, and to allow for a temporary
variance from the Minimum Standards for Commercial Aeronautical Activities
(Minimum Standards) at the North County General Aviation Airport until the
expiration of the Management Agreement for Fixed Base Operator Services, which
will be August 31, 2009 if the County exercises its final option to extend the
Agreement. Countywide (AH)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
4. Staff recommends
motion to receive and file: ten
(10) original agreements for the Department of Airports:
A) North County General Aviation Airport Hangar Lease Agreement with PNC Leasing, LLC, Hangar No. 11220-04, effective May 29, 2007;
B) North County General Aviation Airport Hangar Lease Agreement with Robert Woods, Hangar No. 11240-11, effective June 5, 2007;
C) Consent to Assignment of North County General Aviation Airport Executive Hangar Lease Agreement to Mustang Air, Inc. for Hangar Number 11250-06, effective June 5, 2007;
D) Consent to Assignment of North County General Aviation Airport Executive Hangar Lease Agreement to Thomas J. Dise for Hangar Number 11250-07, effective June 6, 2007;
E) Access Agreement for Remedial Work Extension No. 1 with Remediation and Liability Management Company, Inc. (REALM), effective June 21, 2007 through June 20, 2008 (amending R2006-1109);
F) Access Agreement with Catalfumo Construction and Development, Inc., effective June 4, 2007 through June 27, 2007;
G) General Aeronautical Services Agreement with GFM Service, Inc., effective May 29, 2007;
H) Consent to Sublease between Computer Sciences Corporation and Gulfstream International Airlines, Inc., effective June 7, 2007;
I) Agreement to Terminate Hangar Lease Agreement with Scott Kramer for Hangar No. 14, Building 11720, effective May 22, 2007 with a termination date of May 31, 2007, (amending R2003-1307); and
J) Agreement to Terminate Hangar Lease Agreement with Patricia A. Brennan Holdings LLC for Hangar No. 11, Building 11240, effective June 5, 2007 with a termination date of June 30, 2007, (amending R2005-0167).
SUMMARY: Delegation of authority for execution of the
standard County agreements above was approved by the BCC in R94-1453,
R2003-1047, R2004-1367 and R2006-1109. Countywide (AH)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve: a negotiated Settlement Offer in the amount
of $150,000 for the full satisfaction of a Code Enforcement Lien that was
entered against Palm Bay Investments, Inc. on May 22, 1996. Summary:
The Code Enforcement Board
(CEB) entered an Order on January 3, 1996 giving Palm Bay Investments, Inc.
until May 2, 1996 to reduce the height of masonry walls in their development to
the maximum permitted height of six (6) feet as reflected on the approved
building plans for the development, or to obtain a required variance. Compliance with the CEB’s Order was not
achieved by the ordered compliance date and a fine in the amount of $250 per
day was imposed. The CEB then entered a
claim of lien against Palm Bay Investments, Inc. on May 22, 1996. The cited code violations were fully corrected
as of February 19, 1998, when the variance was approved. The total accumulated lien amount through May
17, 2007 totaled $346,925.79, of which the title insurers, together with the
non-insured property owners, have collectively agreed to pay the County
$150,000 (43.24%) for full settlement of the County’s outstanding Code
Enforcement Lien. District 4 (PGE)
2. Staff recommends
motion to adopt: a Resolution
authorizing the issuance and negotiated sale of Public Improvement Revenue
Bonds (Biomedical Research Park Project), Series 2007 in an initial aggregate
principal amount of not exceeding $104 Million for the purpose of redeeming the
County's Public Improvement Revenue Bond Anticipation Notes (Biomedical
Research Park Project), Series 2006 at or prior to maturity, funding a grant to
the Scripps Research Institute (Scripps) to enable Scripps to pay a portion of
the costs of acquiring, constructing, improving and equipping permanent
facilities to be developed by Scripps, funding certain additional costs of the
Biomedical Research Park Project, as more fully described herein, and paying
all costs necessary or incidental to the foregoing; delegating authority to
proper officials of the County, in consultation with the County's Financial
Advisor, to determine whether to obtain a bond insurance policy and to fund a
reserve account for the bonds, and if so funded, whether to obtain a reserve
account credit facility in satisfaction of all or a part of the reserve
requirement; authorizing the execution and delivery of one or more insurance
agreements in connection with any bond insurance policy and/or reserve account
credit facility and the payment of the related premiums; approving the form of
a bond purchase agreement and delegating authority to proper officials of the
County to determine certain details of such bonds and to execute and deliver a
bond purchase agreement to effect the negotiated sale of the Bonds, all subject
to the parameters set forth in this Resolution; approving the form of and
authorizing the distribution of a preliminary official statement in connection
with the offering and sale of the Bonds and authorizing the execution and
delivery by proper officials of the County of a final official statement;
authorizing the proper officials of the County to do all things deemed
necessary or advisable in connection with the issuance of such Bonds; providing
for certain other matters in connection therewith; and providing for an
effective date. Summary: On May 23, 2006, the County entered into a
Grant Agreement with Scripps providing for the County to make certain monetary
grants to Scripps to be applied, together with the other amounts available from
the original Scripps Grant Account, to enable Scripps to pay the costs of
acquiring, constructing, improving and equipping the permanent facilities at
its new location on the FAU campus in Jupiter.
According to the Grant Agreement, the permanent facilities costs at the
FAU site is $186,751,957 and the County has $108,970,345 from the initial
Series 2005 Scripps Facilities Bonds that will be spent on the facilities at
FAU. The additional funding of
$77,781,612 will be included in the Series 2007 Bonds. The Series 2007 Bonds will also include
paying off the $16,322,600 Public Improvement Bond Anticipation Notes, Series
2006 plus interest (Briger Land Acquisition), development costs and
entitlements totaling $6,500,000 related to the Briger Land and cost of
issuance of the bonds. We anticipate
that the bonds will be issued in November 2007.
Countywide (PFK)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve: Amendment No.
1 to Contract with Kerney & Associates, Inc. (R2006-2090) to implement the
first renewal of an annual HVAC contract.
SUMMARY: Amendment No. 1 is a
renewal to the Annual Contract–HVAC which was awarded to Kerney &
Associates, Inc. as one (1) of eight (8) approved participants. The annual HVAC contract is an
indefinite-quantity contract and this renewal has a maximum value of
$1,000,000. The renewal term is twelve
(12) months or until $1,000,000 in work orders are issued. Staff is bringing forward the Amendment at
this time based on pending work which would exceed the value assigned to the
contract. All terms of the original
contract remain in effect. This is the first of four (4) extensions allowed by
the Contract. SBE participation goals
for the HVAC contracts are 15%. Kerney’s
participation for work orders issued to date is 0%. Work Orders issued to date for all eight (8)
annual contracts include a combined SBE participation of 36.06%. (FD&O Admin) Countywide (JM)
2. Staff recommends
motion to approve: Amendment No.
1 to Contract with Precision Air Systems, Inc. (R2006-2091) to implement the
first renewal of an annual HVAC contract.
SUMMARY: Amendment No. 1 is a renewal to the Annual
Contract–HVAC which was awarded to Precision Air Systems, Inc. as one (1) of
eight (8) approved participants. The
annual HVAC contract is an indefinite-quantity contract and this renewal has a
maximum value of $1,000,000. The renewal
term is twelve (12) months or until $1,000,000 in work orders are issued. Staff is bringing forward the Amendment at
this time based on pending work which would exceed the value assigned to the
contract. All terms of the original
contract remain in effect. This is the first of four (4) extensions allowed by
the Contract. SBE goals for the HVAC
contracts are 15%. Precision Air’s
participation for work orders issued to date is 100%. Work Orders issued to date for all eight (8)
annual contracts include a combined SBE participation of 36.06%. (FD&O Admin) Countywide (JM)
3. Staff recommends
motion to approve: Amendment No.
1 to Contract with Hawthorne Industries, Inc. (R2006-2424) to implement the
first renewal of an annual HVAC contract.
SUMMARY: Amendment No. 1 is a renewal to the Annual
Contract–HVAC which was awarded to Hawthorne Industries, Inc. as one (1) of
eight (8) approved participants. The
annual HVAC contract is an indefinite-quantity contract and this renewal has a
maximum value of $1,000,000. The renewal
term is twelve (12) months or until $1,000,000 in work orders are issued. Staff is bringing forward the Amendment at
this time based on pending work which would exceed the value assigned to the
contract. All terms of the original
contract remain in effect. This is the first of four (4) extensions allowed by
the Contract. SBE participation goals
for the HVAC contracts are 15%.
Hawthorne’s participation for work orders issued to date is 0%. Work Orders issued to date for all eight (8)
annual contracts include a combined SBE participation of 36.06%. (FD&O Admin) Countywide (JM)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
4. Staff recommends
motion to approve: Amendment No.
1 to Contract with Siemens Building Technologies, Inc. (R2006-2103) to
implement the first renewal of an annual HVAC contract. SUMMARY:
Amendment No. 1 is a renewal to the
Annual Contract–HVAC which was awarded to Siemens Building Technologies, Inc.
as one (1) of eight (8) approved participants.
The annual HVAC contract is an indefinite-quantity contract and this
renewal has a maximum value of $1,000,000.
The renewal term is twelve (12) months or until $1,000,000 in work
orders are issued. Staff is bringing
forward the Amendment at this time based on pending work which would exceed the
value assigned to the contract. All
terms of the original contract remain in effect. This is the first of four (4) extensions
allowed by the Contract. SBE goals for
the HVAC contracts are 15%. Siemens’
participation for work orders issued to date is 0%. Work Orders issued to date for all eight (8)
annual contracts include a combined SBE participation of 36.06%. (FD&O Admin) Countywide (JM)
5. Staff recommends
motion to approve: Amendment No.
1 to Contract with E.C. Stokes Mechanical Contractor, Inc. (R2006-2093) to
implement the first renewal of an annual HVAC contract. SUMMARY:
Amendment No. 1 is a renewal to the Annual Contract–HVAC which was awarded to
E.C. Stokes Mechanical Contractor, Inc. as one (1) of eight (8) approved
participants. The annual HVAC contract is an indefinite-quantity contract and
this renewal has
a maximum value
of $1,000,000. The renewal term is twelve (12) months or until $1,000,000 in
work orders are issued. Staff is bringing forward the Amendment at this time
based on pending work which would exceed the value assigned to the contract. All terms of the original contract remain in
effect. This is the first of four (4) extensions allowed by the Contract. SBE participation goals for the HVAC
contracts are 15%. Stokes’ participation
for work orders issued to date is 100%.
Work Orders issued to date for all eight (8) annual contracts include a
combined SBE participation of 36.06% (FD&O Admin) Countywide (JM)
6. Staff recommends
motion to approve: Amendment No.
1 to Contract with York International/A Johnson Controls Company (R2006-2092)
to implement the first renewal of an annual HVAC contract. SUMMARY: Amendment No. 1 is a renewal to the Annual
Contract–HVAC which was awarded to York International/A Johnson Control Company
as one (1) of eight (8) approved participants. The annual HVAC contract is an
indefinite-quantity contract and this renewal has a maximum value of
$1,000,000. The renewal term is twelve
(12) months or until $1,000,000 in work orders are issued. Staff is bringing forward the Amendment at
this time based on pending work which would exceed the value assigned to the
contract. All terms of the original
contract remain in effect. This is the
first of four (4) extensions allowed by the Contract. SBE goals for the HVAC contracts are 15%. York’s participation for work orders issued to
date is 0%. Work Orders issued to date
for all eight (8) annual contracts include a combined SBE participation of
36.06%. (FD&O Admin) Countywide (JM)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
7. Staff recommends
motion to approve: Amendment No.
1 to Contract with Farmer & Irwin Corp. (R2006-2089) to implement the first
renewal of an annual HVAC contract. SUMMARY: Amendment No. 1 is a renewal to the Annual
Contract–HVAC which was awarded to Farmer & Irwin Corp. as one (1) of eight
(8) approved participants. The annual
HVAC contract is an indefinite-quantity contract and this renewal has a maximum
value of $1,000,000. The renewal term is
twelve (12) months or until $1,000,000 in work orders are issued. Staff is bringing forward the Amendment at
this time based on pending work which would exceed the value assigned to the
contract. All terms of the original
contract remain in effect. This is the first of four (4) extensions allowed by
the Contract. SBE goals for the HVAC contracts
are 15%. Farmer & Irwin’s
participation for work orders issued to date is 0%. Work Orders issued to date for all eight (8)
annual contracts include a combined SBE participation of 36.06%. (FD&O Admin) Countywide (JM)
8. Staff recommends
motion to approve: a Contract
with Robling Architecture Construction, Inc. for the Job Order Contract-South
(bond-waiver) with a maximum value of $1,500,000. SUMMARY:
This Contract is for one (1) year and is
an indefinite-quantity, fixed unit price contract that has a minimum value of
$35,000 and a maximum value of $1,500,000.
The contract will terminate when a total of $1,500,000 in work orders is
issued or when the one (1) year time period has expired, whichever comes first. The Contract provides for two (2) - one (1)
year renewals at the sole option of the County. Robling Architecture Construction, Inc. will
perform work identified by the County on a work order basis, in accordance with
the cost factor adjustments to the Unit Price Books. SBE goals established for this Contract are
15%. (FDO Admin) Countywide (JM)
9. Staff recommends
motion to approve: a Contract
with Metals Treatment Technologies, Inc., in the amount of $249,980 to provide
site clean-up at the Sansbury’s Way Shooting Range in West Palm Beach. SUMMARY: The work consists of site clearing,
excavation and stockpiling of lead, and lead contaminated soil, soil treatment
and disposal to a landfill of two (2) former pistol ranges and one (1) former
rifle range. There is 7.2% SBE
participation in this Contract. This
work will comply with all applicable local, state, and federal codes and
regulations. The schedule is 120
days. (FD&O Admin) District 6 (JM)
10. Staff recommends
motion to approve: an annual
Contract with Certified Roofing Specialists, Inc. in an amount not-to-exceed
$1,500,000. SUMMARY: This Contract is
for one (1) year and is an indefinite-quantity contract with a maximum value of
$1,500,000. The Contract will terminate
when a total of $1,500,000 in work orders is issued among the pool of seven (7)
approved roofing contractors or when the one (1) year time period has expired,
whichever occurs first. The Contract
provides for up to four (4) - one (1) year renewals, each for a not-to-exceed
amount of $1,500,000. Staff will review
the status of the contractor’s certifications annually, prior to renewal, to
ensure the firm remains qualified under the original pre-qualification
criteria. The work is to be awarded as
work orders on a lump-sum, competitively quoted basis to perform remedial
roofing repairs, roof maintenance and roof replacements on an “as needed” basis
for projects typically under $100,000
each. Any work performed will be in accordance with
the Contract. The specific magnitude of
the work shall be determined by individual work orders issued by Palm Beach
County. The goal for SBE participation
is 15%, and will be tracked cumulatively for each work order issued. (FD&O Admin) Countywide (JM)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
11. Staff recommends
motion to approve: an annual Contract with Advanced Roofing, Inc.
in an amount not-to exceed $1,500,000. SUMMARY: This Contract is for one (1) year and is an
indefinite-quantity contract with a maximum value of $1,500,000. The Contract will terminate when a total of
$1,500,000 in work orders is issued among the pool of seven (7) approved
roofing contractors or when the one (1) year time period has expired, whichever
occurs first. The Contract provides for
up to four (4) - one (1) year renewals, each for a not-to-exceed amount of
$1,500,000. Staff will review the status
of the contractor’s certifications annually, prior to renewal, to ensure the
firm remains qualified under the original pre-qualification criteria. The work is to be awarded as work orders on a
lump-sum, competitively quoted basis to perform remedial roofing repairs, roof
maintenance and roof replacements on an “as-needed” basis for projects
typically under $100,000 each. Any work
performed will be in accordance with the Contract. The specific magnitude of the work shall be
determined by individual work orders issued by Palm Beach County. The goal for SBE participation is 15%, and
will be tracked cumulatively for each work order issued. (FD&O Admin) Countywide (JM)
12. Staff recommends
motion to approve: a License
Agreement with The Palm Beach County Genealogical Society, Inc., a not-for-profit
501(c)(3) education organization, for the use of space
within the Main Library. SUMMARY: The Genealogical Society shall use and occupy
approximately 1,600 square feet of space within the Main Library for storage
and display for research materials as well as free instruction in genealogical
research to the public. The License
Agreement is for two (2) years with options to renew at the County’s sole
discretion of three (3) - one (1) year terms.
The Genealogical Society shall pay a monthly service fee of $150 for
utilities and custodial costs. (FDO
Admin) District 2 (JM)
13. Staff
recommends motion to approve: Use
Agreement with the Supervisor of Elections (Supervisor) that provides for the
Supervisor to use and occupy 23,570 square feet of 3200 Belvedere Road,
Building 1169 for a Voter Equipment Center.
SUMMARY: The Supervisor will be using a portion of
Building 1169 at Palm Beach International Airport for a voter equipment center
(this is the portion of the building previously occupied by Facilities
Development & Operations). No
improvements are required to render the premises safe for the use prior to
occupancy by the Supervisor. The
Supervisor shall pay rent in the amount of $172,420 annually and shall be
responsible for all costs associated with the move, communications
infrastructure and equipment required for occupancy. The term of the Agreement is fifteen (15)
months. (FDO Admin) District 3 (JB)
14. Staff recommends
motion to approve: Contract with Gentile, Holloway, O’Mahoney
& Associates, Inc., to provide property development evaluation services on
a continuing contract basis. SUMMARY: This Contract is to have a consultant
pre-selected to provide planning, engineering, and related consulting services
to evaluate the developability of existing County-owned property and potential
land acquisition parcels. Consultant
fees will be negotiated on an individual basis for the identified project. This Contract is for one (1) year with two
(2) – one (1) year extension options. The
SBE goal for this Contract is 15% and Gentile, Holloway, O’Mahoney &
Associates, Inc. has committed to participation of 95%. (Capital Improvements Division) Countywide (JM)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
15. Staff recommends
motion to approve: a continuing
services Contract with The Weitz Company for Construction Management Services
for various capital projects. SUMMARY: This Contract provides for Construction
Management Services associated with the design and construction of various
capital projects, to be determined later, which may include new construction,
additions or renovations from $400,000 to $25,000,000. Once a project is assigned to Weitz, a task
authorization for preconstruction services will be authorized and Weitz will
prepare a Guaranteed Maximum Price (GMP) for the construction phase. The GMP will include the cost of work
required by the construction documents and the construction manager’s fee
associated with project construction.
Individual GMP’s will be implemented as work orders to this annual Contract
and will be presented to the appropriate approval authority. The Contract is for a period of two (2) years
with three (3) - one (1) year renewal options.
SBE goals for the projects will be 15%.
(Capital Improvements Division) Countywide (JM)
16. Staff recommends
motion to approve: a continuing
services Contract with Catalfumo Construction, Ltd. for Construction Management
Services for various capital projects. Summary: This Contract provides for Construction
Management Services associated with the design and construction of various
capital projects, to be determined later, which may include new construction,
additions, or renovations from $400,000 to $25,000,000. Once a project is assigned to Catalfumo, a
task authorization for preconstruction services will be authorized and
Catalfumo will prepare a Guaranteed Maximum Price (GMP) for the construction
phase. The GMP will include the cost of
work required by the construction documents and the construction manager’s fee
associated with project construction.
Individual GMP’s will be implemented as work orders to this annual
Contract and will be presented to the appropriate approval authority. The Contract is for a period of two (2) years
with three (3) - one (1) year renewal options.
SBE goals for the projects will be 15%.
(Capital Improvements Division) Countywide (JM)
17. Staff recommends
motion to approve:
A) Contract with West Construction, Inc. in the
amount of $918,000 for the fit-up of the PBSO West County Jail, Pod A; and
B) Budget Transfer of $571,000 from reserves in
the Public Building Improvement Fund to increase the project budget.
Summary: This Contract will provide for the completion of the West County Jail Pod A. Work includes the completion of rough plumbing and the installation of plumbing and electrical fixtures as well as refinishing the floor. The SBE goal for this project is 15%. West Construction Inc.’s bid includes participation at 32.6%. The contract time is 90 days to substantial completion. (Capital Improvements Division) District 6 (JM)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
18. Staff recommends
motion to approve:
A) Budget Transfer of $11,371,533 from reserves
in the Library Expansion Program Fund to West Boca Branch Library project to
fund construction costs; and
B) Amendment No. 10 to the contract with The
Weitz Company (R2003-1542) in the amount of $11,044,533 for construction
management services for the West Boca Branch Library establishing a Guaranteed
Maximum Price (GMP) for construction of a new 20,000 sq. ft. library.
Summary: Amendment No. 10 is for the West Boca Branch Library and
establishes a GMP of $11,044,533 and 422 calendar days to complete the building
construction and site work. The GMP
includes the cost of work and the construction manager’s fee associated with
the work and a contingency. This Contract
utilizes the Sales Tax Exemption Program. The SBE goal for this Contract is 15% and this
project participation is 19.9%. (Capital
Improvements Division) District 5
(JM)
19. Staff recommends
motion to approve: an Agreement
with the Florida Division of Forestry, Field Unit Area 18, Everglades District
(District) allowing for interoperable communications through the countywide
common groups of the County’s 800 MHz Radio System. Summary: This Agreement provides the conditions under
which the District can program into its radios and utilize the countywide talk
groups for certain types of inter-agency communications. The County’s system will not be utilized for
routine operational communications by the District. The terms of the Agreement are standard and
have been offered to all municipalities and local branches of state and federal
agencies with 800 MHz trunked radio capabilities. There are no charges associated with this Agreement. The District is required to pay all costs
associated with subscriber units and to comply with the established operating
procedures for the System. The term of
the Agreement is for five (5) years with three (3) – five (5) year
renewals. The Agreement may be
terminated by either party, with or without cause. (FDO/ESS) Countywide (JM)
20. Staff recommends motion to
approve: a Concessionaire
Service Agreement with Brian E. Wilson and Jennifer G. Wilson d/b/a Lazy
Loggerhead Café, for operation of the food concession located in Carlin Park at
601 South SR A1A in Jupiter. SUMMARY: The Parks and Recreation Department desires
to continue to provide food, beverage and sundry items at Carlin Park through a
concession operation. The current vendor, Lazy Loggerhead Café, operates under
a Contract for Concessionaire Services issued through the County’s Purchasing
Department which expires August 31, 2007.
In May 2007, PREM advertised a Request for Proposals for the operation
of the Carlin Park food concession. Only
Lazy Loggerhead Café submitted a proposal. The guaranteed annual rent under
this Concessionaire Service Agreement is $60,000 to be paid in equal monthly
installments of $5,000, with annual four percent (4%) increases. Lazy Loggerhead Café shall also pay the
County 8.5% of the certified annual gross revenues derived from the operation
of the concession less the guaranteed annual rent. The initial term of this Concessionaire
Service Agreement is for three (3) years, ending August 31, 2010, with three
(3) options to renew each for one (1) year. Lazy Loggerhead Café has submitted the
required $1,000 security deposit. Both
Brian Wilson and his wife, Jennifer Wilson, have executed personal guarantees
of the Concessionaire Service Agreement.
(PREM) District 1 (JMB)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
21. Staff recommends
motion to:
A) accept a Utility License
from W. P. R. F., Inc., a Delaware corporation (WPRF), for a groundwater
monitoring well for the County’s Central Region Reclaimed Water Facility in
unincorporated West Palm Beach; and
B) approve
a Memorandum of Utility License.
SUMMARY: The Central Region
Reclaimed Water Facility is located at 2969 Northampton Street in the Century
Village development west of West Palm Beach.
As a condition of its permit, the Florida Department of Environmental
Protection (FDEP) required the installation of a monitoring well to provide
water level and quality data beginning 6-months prior to startup of the Central
Region Reclaimed Water Facility. The
well installation was completed February 6, 2007 and is currently in
operation. The well is located in a 5
foot by 5 foot parcel (25 square feet) adjacent to the east shore of Lake
Century at the Century Village Recreation Center at 100 Century Boulevard. This Recreation Center is managed by and
under the leasehold control of WPRF.
This Utility License is being provided at no charge. The Utility License will remain in effect
until the well and its equipment are removed, or June 30, 2021, whichever is
sooner. A Memorandum of Utility License
will be recorded to provide public notice of the Utility License. (PREM)
District 2 (HJF)
22. Staff recommends
motion to approve: Amendment No.
1 to Lease Agreement (R2002-1349) with the School Board of Palm Beach County
Florida for the County’s continued use of approximately 300 square feet of
office space within the Delray Full Service Center, at an annual rate of
$1. SUMMARY: The County’s Head Start and Children Services
Division currently leases approximately 300 square feet of office space at the
Palm Beach County School District’s Delray Full Service Center, located at 301
SW 14th Avenue, Delray Beach, for the operation of a Community Outreach
Program. On August 20, 2002, the Board
approved the initial Lease Agreement with the School Board for a term of two
(2) years, with three (3) options to extend.
The County has exercised all of its options to extend the term of the
Lease Agreement, which expires on August 19, 2007. This Amendment No. 1 extends the term of the
Lease Agreement for one (1) year, from August 20, 2007 through August 19, 2008,
and provides for two (2) additional one (1) year renewal options. The School Board provides all electricity,
trash removal, utility service, and general maintenance to the leased
facility. The annual rent for this
period is $1. All other terms of the
Lease Agreement remain unchanged.
(PREM) District 7 (HJF)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
23. Staff recommends
motion to approve:
A) a Deed of Conservation Easement in favor of the South Florida
Water Management District (SFWMD) on approximately .38 acres for the West Boca
Library; and
B) a Restrictive Covenant providing for a littoral planting area
covering approximately .42 acres for the West Boca Library.
SUMMARY: The County is ready
to commence construction of the West Boca Library on a parcel of County-owned
land located west of State Road 7 between Yamato Road and Clint Moore
Road. A condition of the SFWMD permit
requires a conservation easement on .38 acres to maintain the area in its
natural state. The Easement area is
located at the southwest corner of the property. The Restrictive Covenant is a requirement of
the County’s Environmental Resources Management Department for the excavation
of the compensating storage lake. The
Restrictive Covenant identifies a .42 acre littoral planting area lying south
and east of the Conservation Easement area and provides for maintenance
thereof. Both the Conservation Easement
and Restrictive Covenant are being granted without charge as they are
conditions of permit/development approvals.
(PREM) District 5 (HJF)
24. Staff recommends
motion to approve: a Drainage
Easement with Villages of Windsor by Ansca Homes, LLC. SUMMARY: The County owns a 33.63 acre civic site
located just east of Lyons Road on the south side of Hypoluxo Road. The County is currently constructing Fire
Station No. 48 on this property and has future plans to develop a County park
on the balance of the property. The
conditions of approval of the Villages of Windsor PUD require the developer to
accept legal positive storm water outfall from the County’s civic site. This Drainage Easement is being granted to
the County at no charge as it is a condition of PUD approval. The Easement area is 20' x 30' (600 square
feet). The Drainage Easement is
non-exclusive. (PREM) District 3 (HJF)
25. Staff recommends
motion to:
A) adopt a Resolution authorizing the conveyance of the County’s interest in a 142 square foot parcel of vacant land to Anthony M. Vega for $1,000 without reservation of mineral and petroleum rights; and
B) approve a County Deed in
favor of Anthony M. Vega.
Summary: In 1966, the County acquired this 142 square foot parcel for a corner clip at the southwest corner of Pennsylvania Avenue and Summit Boulevard. In 1985 (R85-1532), the platted right-of-way of Pennsylvania Avenue, south of Summit Boulevard was abandoned, but this property was not included, apparently by oversight. The property is no longer needed for right-of-way and is of insufficient size and shape to be developed as a stand alone parcel. As such, Florida Statutes Section 125.35(2) provides for conveyance of the property to an adjacent property owner. Anthony M. Vega is the sole adjacent property owner and has offered $1,000, which is based on the $7.33 per square foot assessed value of the original parent tract, now owned by Mr. Vega. Pursuant to Florida Statutes Section 270.11(1), staff recommends the Board convey the property without reservation of mineral rights due to its small size and low likelihood of the existence of minerals. The sale of this property will lessen the County’s potential liability and maintenance responsibilities and return the parcel to the tax rolls. (PREM) District 3 (JMB)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
26. Staff recommends motion to approve: a Partial Assignment and Assumption of Lease from the South Florida Water Management District (SFWMD). SUMMARY: On April 10, 2007, the Board approved an Agreement for Exchange with the SFWMD (R2007-0514) (Exchange Agreement). Pursuant to the Exchange Agreement, SFWMD is conveying 96.18 acres of land to the County. SFWMD currently leases a portion of the 96.18 acres to Roth Farms, Inc. A condition of the Exchange Agreement is that SFWMD assign its interest in the Lease with Roth Farms, Inc. to the County. The Lease expires February 25, 2008, and can be terminated upon 180 days prior written notice or harvest of the then current crop. Because SFWMD is only charging the County for 11.57 of the 96.18 acres, the County is not requiring SFWMD to refund a pro-rata share of the $9,548 advanced rental payment previously collected by SFWMD. Staff intends to close the Exchange within 15 days of Board approval. (PREM) Countywide/District 6 (HJF)
I. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends
motion to receive and file:
A) an
Agreement with the City of Delray Beach to provide $900,000 under the 2005
Disaster Recovery Initiative Program for the demolition of Carver Estates in
the City of Delray Beach for the period of April 15, 2007 through and including
December 31, 2007; and
B) an
Agreement with the City of Greenacres to provide $150,000 under the 2005
Disaster Recovery Initiative Program for culvert replacement and road
restoration of Swain Boulevard, Martin Avenue, and Fleming Avenue in the City
of Greenacres for the period of May 1, 2007 through and including April 30,
2008.
SUMMARY: On
February 16, 2007, Palm Beach County entered into an Agreement with Florida Department
of Community Affairs (DCA) to receive up to $19,035,920, for various projects
to be funded under the 2005 DRI Program.
The two (2) Agreements provided herein are funded under this Agreement
with DCA. Under the authority provided
to the County Administrator by the Palm Beach County Board of County
Commissioners on July 18, 2006, via Resolution No. R2006-1351, the County
Administrator executed an Agreement with City of Delray Beach on April 26,
2007, and an Agreement with the City of Greenacres on April 26, 2007. Districts 2 & 7 (TKF)
2. Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2006-0667) with Oakwood Center of the Palm Beaches, Inc., to extend the expiration date from April 30, 2007, to December 31, 2007, for the expenditure of $273,448 in Community Development Block Grant (CDBG) funds in connection with the 2004 Disaster Recovery Initiative Program as funded by the State of Florida, Department of Community Affairs. SUMMARY: The Amendment provides an extension of eight (8) months to the term of the existing Agreement for structural mitigation and window and door protection at the Phoenix II facility owned by the Oakwood Center of the Palm Beaches, Inc., and located on Metcalf Court in the City of West Palm Beach. This funding is made available under the 2004 Disaster Recovery Initiative Program which uses Federal Community Development Block Grant (CDBG) funds provided by the United States Department of Housing and Urban Development. The time extension is requested in order to allow the completion of the engineering design, completion of the bidding process, lead based paint remediation work and completion of the construction work. These are Federal CDBG funds that require no local matching funds. District 7 (TKF)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
3. Staff recommends motion to approve: an Agreement with Northwest Riviera Beach Community Redevelopment Corp., Inc. (NWRBCRC) to provide $420,000 in Federal HOME funds for the development of affordable housing and operating expenses for the period of August 1, 2007 to August 31, 2008. SUMMARY: Approval of this item will reserve funding for NWRBCRC, a Community Housing Development Organization (CHDO), located at 2001 Broadway, Suite 501, Riviera Beach, Florida 33404. Funding in the amount of $350,000 will be used towards the construction of at least nine (9) affordable housing units to be purchased by eligible first-time homebuyers, participating in Palm Beach County’s First-time Homebuyer Program; and $70,000 for NWRBCRC operating expenses. This Agreement provides Federal HOME funds for which there is not a requirement for local matching funds. District 7 (TKF)
4. Staff recommends motion to approve: an Agreement with Lake Worth Community Development Corporation, Inc. (LWCDC) to provide $425,000 in Federal HOME funds for the development of affordable housing and operating expenses for the period of August 1, 2007 to August 31, 2008. SUMMARY: Approval of this item will reserve funding for LWCDC, a Community Housing Development Organization (CHDO), located at 1701 Wingfield Street, Lake Worth, Florida 33460. Funding in the amount of $350,000 will be used towards the construction of at least nine (9) affordable housing units to be purchased by eligible first-time homebuyers, participating in Palm Beach County’s First-Time Homebuyer Program; and $75,000 for LWCDC operating expenses. This Agreement provides Federal HOME funds for which there is not a requirement for local matching funds. District 7 (TKF)
5. Staff recommends motion to approve: Amendment No. 001 to an Agreement (R2006-0988) with the City of Belle Glade to: a) extend the expiration date from June 30, 2007 to January 31, 2008; and b) increase the funding amount from $652,552 to $948,900, in Community Development Block Grant (CDBG) funds. SUMMARY: The Amendment provides an extension of seven (7) months to the term of the existing Agreement for drainage improvements to SW 10th and 12th Streets, and to SW Avenues I and J in the City of Belle Glade. The work includes reconstruction of catch basins and sidewalks, and provision of storm drainage pipes. The additional $296,348 is being provided based on the increased construction cost estimated by the engineering consultant after completion of the design. This funding is being made available under the 2004 Disaster Recovery Initiative Program which uses Federal Community Development Block Grant (CDBG) funds provided by the United States Department of Housing and Urban Development. The time extension is requested in order to allow the completion of the bidding process and completion of the construction work. These are Federal CDBG funds that require no local matching funds. District 6 (TKF)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES
1. Staff recommends
motion to approve: Change Order No. 6 to the Contract with
Widell, Inc. (R2005-1893) for the Northern Region Utility Site increasing the
contract price by $13,516.81 and providing a 118-day time extension. SUMMARY: On September 27, 2005, the Board approved a
contract with Widell, Inc. in the amount of $8,895,000 for construction of the
Northern Region Utility Site (R2005-1893).
Change Order No. 6 authorizes the Contractor to perform various
structural, civil and mechanical improvements for this project and resolve
conflicts with the site drainage. The enhancements include modifications to the
security system, redundant instrumentation, and minor electrical and roofing
improvements. Included in this Change Order are credits in the amount of
$91,839.87 for deletion of landscaping, irrigation, and perimeter security
components. These deleted items will be
constructed by the Department in the future after regional drainage issues have
been fully resolved. The Contractor has
requested a 118-day time extension to complete these improvements and for
delays associated site drainage issues.
The Small Business Enterprise (SBE) participation goal established by
the SBE Ordinance is 15.00% overall. This
Change Order includes zero SBE participation. The contract with Widell, Inc. provides for
SBE participation of 15.9% overall. (WUD
Project No. 05-018) District 6 (JM)
2. Staff recommends motion to approve: Work Authorization No. 8 to the Water Utilities Department Continuing Construction Contract with AKA Services, Inc. (R2007-0357) for construction of the Cypress Lakes Reclaimed Water Main Extension in the amount of $537,837. SUMMARY: On March 13, 2007, the Board approved the Water Utilities Department Continuing Construction Contract with AKA Services, Inc. (R2007-0357). This Work Authorization is necessary to expand the County’s reclaimed water piping network. Approximately 6,500 feet of 10-inch diameter reclaimed water main will be constructed from the Century Village North Reclaimed Water Production Facility to Cypress Lakes. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15.00% overall. The contract with AKA Services, Inc. provides for SBE participation of 15.00% overall. This Authorization includes 18.60% overall participation. The cumulative SBE participation, including this Work Authorization, is 24.08% overall. (WUD Project No. 06-173) District 2 (JM)
3. Staff recommends
motion to adopt: a Resolution
amending Resolution No. R2006-2304 for the Whippoorwill Lakes Water Main
Extension Improvement Project, deleting three (3) parcels from the final
assessment roll. SUMMARY: On October 17,
2006, the Board adopted Resolution R2006-2304 confirming the Whippoorwill Lakes
Water Main Special Assessment. Pursuant
to Section 14 of Ordinance No. 2001-0010, the number of assessable units may be
corrected. This amending Resolution
deletes three (3) parcels (PCN 00-42-43-27-05-010-052.1; PCN
00-42-43-27-05-010-052.2; and PCN 00-42-43-27-05-010-052.4) from the final
assessment roll. The property owners of
the three (3) parcels currently have access to a water main that was previously
under construction, therefore negating the need for service from the new
potable water main. (WUD Project
No. 04-207)
District 6 (MJ)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
4. Staff recommends
motion to approve: Work Authorization No. 2 to the Water Utilities
Department Disaster Recovery
Design/Build Services with CH2M Hill, Inc.
(R2006-1934) for construction of the Southern Region Water Reclamation Facility
Hurricane Hardening Project in the amount of $1,437,422.77. SUMMARY: On
September 12, 2006, the Board approved the Water Utilities Department Disaster Recovery
Design/Build Services with CH2M Hill, Inc. (R2006-1934). This Work Authorization is for hurricane
hardening mitigation at the Southern Region Water Reclamation Facility. The Small Business Enterprise (SBE)
participation goal established by the SBE Ordinance (R2002-0064) is 15.00%
overall. The contract with CH2M Hill, Inc.
provides for SBE participation of 15.00% overall. This Authorization includes
40.76% overall participation. The cumulative SBE participation, including this Work
Authorization, is 40.22% overall.
(WUD Project No. 07-151) District
5 (JM)
5. Staff recommends
motion to approve: Work
Authorization No. 3 to the Water Utilities Department Continuing Construction
Contract with Foster Marine Contractors, Inc. (R2006-2732) for construction of
the Water Treatment Plant No. 8 Raw Water Pipeline Project in the amount of
$553,150.11. SUMMARY: On December 19,
2006, the Board approved the Water Utilities Department Continuing Construction
Contract with Foster Marine Contractors, Inc. (R2006-2732). This Work Authorization is for construction of
a raw water main to connect four (4) new wells to Water Treatment Plant No. 8. The Small Business Enterprise (SBE)
participation goal established by the SBE Ordinance (R2002-0064) is 15.00%
overall. The contract with Foster Marine
Contractors, Inc. provides for SBE participation of 14.98% overall. This Authorization includes 15.32% overall
participation. The cumulative SBE
participation, including this Work Authorization, is 15.07% overall. (WUD Project No. 05-146) District 2 (JM)
6. Staff recommends
motion to approve: an Interlocal
Agreement with Seminole Improvement District (District) for the operation and maintenance of water, wastewater, and
reclaimed water treatment facilities. SUMMARY:
Seminole Improvement District
currently owns water, wastewater, and reclaimed water treatment
facilities. The Palm Beach County Water
Utilities Department has been providing contract operations and maintenance
services for these facilities since 1996 (R96-1224 and R2002-965). The current operations and maintenance
agreement expired on June 11, 2007. The
District has requested that the Department continue to provide operation and
maintenance services. Under this
Agreement, the Department will operate and maintain these facilities for five
(5) years. The District will continue to
pay the Department an annual fee for its services. Costs for the first year are projected to be
$52,200.64. Charges for subsequent
years will be adjusted by the U.S. Department of Labor’s Consumer Price Index
for “All Urban Consumers, Water and Sewerage Maintenance”. Capital improvements required at the
facilities are not included in this Agreement.
Either party may cancel the
Agreement with a 120-day written notice.
District 6 (MJ)
7. Staff recommends
motion to approve: the appointment of Brian Shields,
Director of Engineering, to replace Leisha L. Pica as the Palm Beach County
representative on the East Central Regional Wastewater Treatment Facilities
Operations Board (Operations Board) effective July 11, 2007. SUMMARY: The
Operations Board was established in 1992 through an Interlocal Agreement
(R92-1228D) between Palm Beach County, the City of West Palm Beach, the City of
Lake Worth, the City of Riviera Beach, and the Town of Palm Beach. The Operations Board is responsible for
facility budget approval, establishment of rates and fees, engineering and
legal consultant selection, the approval of capital projects, etc. Mr. Shields has served as the County’s non-voting
alternate member in the past, and he is well qualified to handle these
responsibilities. Countywide
(MJ)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (Cont’d)
8. Staff recommends motion to approve: a First Amendment to the Interlocal Agreement with the Seacoast Utility Authority for the purchase and sale of bulk potable water and wastewater service. SUMMARY: On April 18, 2007, the Board approved an Interlocal Agreement (R2006-0687) with the Seacoast Utility Authority (Authority) for the County to provide up to five (5) million gallons per day (MGD) of bulk potable water and wastewater service. During the initial five (5) year term, the Authority is required to pay an annual fee of $0.11 per gallon in 100,000 gallon increments to lease potable water capacity and $0.09 per gallon to lease wastewater capacity. The Authority also must pay $1.45 and $1.22 per 1,000 gallons respectively for potable water and wastewater service. The Authority has the option of extending the Agreement for a period of 25 years and may permanently reserve potable water capacity for $2.84 per gallon and wastewater for $2.33 per gallon. The Authority has requested that the Agreement be modified to automatically renew for successive periods of 25 years, unless otherwise terminated pursuant to other provisions of the Agreement. The Authority has also requested the ability to purchase capacity in 10,000 gallon increments and to pay connection charges on an incremental basis during the initial term of five (5) years with four (4) years remaining of the Agreement as services are connected in the Park of Commerce. District 1 (MJ)
9. Staff recommends motion to approve: Work Authorization No. 5 to the Water Utilities Department Continuing Construction Contract with AKA Services, Inc. (R2007-0357) for construction of the Ferndale Drive Water Main Extension Project in the amount of $386,531. SUMMARY: On March 13, 2007, the Board approved the Water Utilities Department Continuing Construction Contract with AKA Services, Inc. (R2007-0357). This Work Authorization provides for construction of a water main extension along Ferndale. This new line will also serve as an emergency interconnect with the City of Delray Beach. The new water main will connect to an existing line along Ferndale approximately 140 feet west of the Military Trail right-of-way crossing east to connect to City of Delray Beach’s water main. Vaults with meters will also be constructed as part of this project to meter water flow from or to the City. Once completed, this interconnect will provide added flexibility to the County’s and the City’s water distribution system in the event of an emergency. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15.00% overall. The contract with AKA Services, Inc. provides for SBE participation of 15.21% overall. This authorization includes 16.03% overall participation. The cumulative SBE participation, including this authorization, is 23.95% overall. (WUD Project No. 06-036A) Districts 4 & 5 (MJ)
10. DELETED
11. Staff recommends
motion to approve: Change Order
No. 4 to the Contract with R.J.
Sullivan, Corp. (R2006-0780) for the Water Treatment Plant No. 8
Expansion Project increasing the contract price by $265,146 and providing a
30-day time extension for Substantial Completion and a 60-day time extension
for Final Completion. SUMMARY: Change Order No. 4 authorizes the
Contractor to provide hurricane hardening for five existing buildings; an
architectural enhancement to the filter building required by the building
permit; and increases the contract time (30 days for Substantial Completion and
60 days for Final Completion) to accomplish the additional work. Total change orders to date, excluding the
$1,712,386.46 sales tax recovery program change order, equal $564,716.36 (3.23%
increase). The Small Business Enterprise
(SBE) participation goal established by the SBE Ordinance is 15.00%
overall. This Change Order includes zero
overall SBE participation. The
contractor’s cumulative SBE participation, including this Change Order, is 26.89% overall. (WUD Project No. 05-146) District 2 (JM)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
12. Staff recommends
motion to approve: a Utility
Work by Highway Contractor Agreement with Florida’s Department of
Transportation (FDOT) in the amount of $2,000. SUMMARY: Florida’s
Department of Transportation (FDOT) is proposing improvements to State Road 806
(West Atlantic Avenue) from Via Flora to east of Congress Avenue. These improvements will necessitate the
adjustment of seven (7) Palm Beach County Water Utilities Department (WUD)
water/wastewater valve boxes that need to be protected and adjusted to the new
grade. In order to include the
adjustment of the valve boxes within the road improvement project, FDOT
requires WUD to enter into a “Utility Work by Highway Contractor” agreement
with FDOT in the amount of $2,000 (lump sum).
(WUD Project No. 05-190) Districts
4, 5 & 7 (MJ)
13. DELETED
14. Staff recommends
motion to receive and file: five (5) Standard Development Agreements
complete with executed documents received during the month of May 2007:
Standard
Development Agreements
A) Jorge
L. Sarria and Ana Sarria 01-01192-000
B) Grace
Farms, LLC 01-01193-000
C) Cypress
Lakes Master Homeowners Association, Inc. 01-90001-000
D) Hypoluxo/Jog,
LLC 05-01085-000
E) Aberdeen
Property Owners Association, Inc. 05-90017-000
SUMMARY: The
terms and conditions for Standard Development Agreements are outlined in the
Water Utilities Department’s Uniform Policies and Procedures Manual. The Board of County Commissioners delegated
the authority to execute various types of Standard Development Agreements to
the Department Director including potable water and wastewater agreements
(R93-1619); reclaimed water agreements (R96-0228); and additional conditions
for potable water, wastewater, and reclaimed water agreements
(R2003-0539). After these agreements are
executed by the developer and the Department, they must be recorded by the
County Clerk’s Office. This agenda item recommends the Board receive and file
the agreements so they may be properly recorded. Countywide (SF)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends motion to receive and file: a Notice for Engineering Consultant Services for various projects on an annual basis. Summary: Filing of this Notice will allow for advertisement for professional coastal and marine engineering services on a task order basis for various projects within the Department of Environmental Resources Management and other departments. Countywide (JM)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends motion to approve: First Amendment to the Interlocal Agreement (R2002-2091) with the Town of Palm Beach for the restoration and environmental enhancement of three (3) Town-owned emergent and submerged lands in the Lake Worth Lagoon. Summary: On April 9, 2007, the Town of Palm Beach approved this First Amendment to the Interlocal Agreement. This Amendment strengthens the formal partnership with the Town by adding three (3) additional Town-owned emergent and submerged lands: west of Phipps Ocean Park, north of Southern Boulevard, and west of Bradley Park in the Lake Worth Lagoon for the purpose of environmental restoration and enhancement by the County. These three (3) additional project areas on Town property are identified in the County’s Lake Worth Lagoon Management Plan as sites for preservation and habitat restoration to include: mangrove wetlands, coastal hammock, and seagrasses and oyster habitats. The County will continue to provide long-term, twenty-five (25) year management of the four (4) Town-owned spoil islands under the original Interlocal Agreement (R2002-2091) with the addition of three (3) new sites through the First Amendment. Districts 1 & 7 (SF)
3. DELETED
4. Staff recommends
motion to approve:
A) a Contract with American Earth Movers, Inc. in the amount of $2,051,292 for the construction of the Chain of Lakes Restoration Project No. 2007907; and
B) Amendment No. 1 adding Grant-required language
to the Contract.
Summary: Five (5) bids were received for this environmental restoration project
in the Square Lake/East Slough area at John Prince Park. American Earth Movers, Inc. was the lowest
responsive, responsible bidder with a bid that exceeds the established 15%
Small Business Enterprise (SBE) goal with 16.8% participation. This project will provide a combined
restoration and enhancement of approximately 51 acres of freshwater wetlands to
improve fisheries habitat and public access with the installation of two (2)
fishing piers. The project is funded by
the Parks & Recreation Department and two (2) state grants, one (1) of
which requires Amendment Number 1. This
no-cost Amendment No. 1 allows the County to terminate American Earth Movers,
Inc.’s contract if the contractor knowingly hires unauthorized aliens. District 3 (JM)
5. Staff recommends
motion to:
A) approve Contract No. 06186 with the Florida Fish and Wildlife Conservation Commission (FWC) for reimbursement of a portion of the construction cost of Square Lake/East Slough Wetland Restoration Project;
B) approve Budget Amendment of $400,000 in the Capital Outlay Fund; and
C) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications, and other forms associated with this Contract, and necessary minor amendments that do not change the scope of work or terms and conditions of the Contract.
Summary: This Contract will provide funding for aquatic habitat enhancement that includes the following activities at this Chain-of-Lakes project: dewatering, shoreline excavation, dredging, creation and planting of littoral shelves and wetlands of Square Lake. The Commission shall pay the County on a cost reimbursement basis not exceeding the amount of $400,000. A County match is not required. The Contract shall remain in effect until June 30, 2008. District 3 (SF)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION
1. Staff recommends
motion to:
A)
ratify the Chairperson’s signature on a Florida Department of State, Division of
Historical Resources Special Category Historic Preservation Grant Application
requesting $300,000 for renovation of the DuBois Pioneer Home in DuBois Park
Phase I;
B) authorize the County
Administrator or his designee to execute the funding agreement, as well as task
assignments, certifications, standard forms, or amendments to the agreement
that do not change the scope of work or terms and conditions of the agreement,
if the grant is approved; and
C)
authorize the Director of the Parks and Recreation Department to serve as Liaison
Agent with the Florida Department of State for this project
SUMMARY: Restoration of the DuBois Pioneer Home will be completed in
two (2) phases. This Grant Application
requests $300,000 in grant funds and confirms the local ad-valorem match of
$500,000, which has already been approved. Phase I is now expected to cost $800,000, and concentrates on restoring the house’s
exterior and structural integrity.
Proposed improvements include repair or replacement of the roof, wood
shake siding, windows, and stabilization of the Indian midden, as well as the
installation of ADA walkways and landscaping and sod. Phase II, subject to future availability of
funding, will include restoring the interior, upgrading electrical, plumbing,
and mechanical systems, and the addition of ADA accessible ramps to provide
access to the site for educational and/or historic touring purposes. The time
frame for this application did not allow for prior Board of County Commissioners
approval, therefore, the Chairperson signed the application on behalf of the
County as authorized by PPM CW-F-003 (Policy B.3). District1 (AH)
2. Staff recommends
motion to receive and file: executed Independent Contractor Agreements
received during the month of May.
A)
Glass Productions, Summer Camp Staff Training, Therapeutic Recreation
Center (GLAS00170607524398A);
B) Nicole
Rosen, Zumba Fitness Instructor, Coconut Cove Recreation Center
(ROSE1111780607525400A);
C)
ACCELLEARN L.L.C., Children’s Technology Workshop, Westgate Park &
Recreation Center (ACCE1021170607523200A); and
D)
James Grice, Basketball Official, Westgate Park & Recreation Center
(GRI163020607523200A).
SUMMARY: In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants
must be submitted by the initiating Department as a receive and file agenda
item. The Independent Contractor
Agreements have been fully executed on behalf of the Board of County
Commissioners (Board) by the County Administrator/Director/Assistant Director
of the Parks and Recreation Department in accordance with Resolution 94-422,
amended by Resolutions 02-2103 and 07-0409, and are now being submitted to the
Board to receive and file. Countywide (AH)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
3. Staff recommends
motion to approve: Agreement
with Humane Society of Greater Jupiter-Tequesta, Inc., d/b/a Safe Harbor Animal
Sanctuary and Hospital, for the period July 10, 2007, through August 21,
2007, in an amount not‑to‑exceed $5,000 for funding of the 21st
Annual Celebrity Dog Wash Festival. SUMMARY: This funding is to help offset costs
incurred by the Safe Harbor Animal Sanctuary and Hospital for the 21st
Annual Celebrity Dog Wash Festival held on March 3, 2007 at Carlin Park. The purpose of the Event was to raise funds
for its no-kill facility and neutering of animals. The Event attracted
approximately 6,000 participants. The
Agreement allows for the reimbursement of eligible project costs incurred
subsequent to January 30, 2007. Funding is from the Recreation Assistance
Program (RAP) District 1 Funds. District 1 (AH)
4. Staff recommends
motion to receive and file: original executed Request for Funding Form
for School Board Recreation Assistance Program (RAP) project for Boca Raton
Community High School, in an amount not-to-exceed $2,500 for Project Graduation
2007. SUMMARY: This
fully executed Request for Funding Form is for School Board RAP allocations made
in accordance with the Interlocal Agreement for the funding of RAP Projects
(R2003‑1747) approved by the Board on October 21, 2003. Funding is from the Recreation Assistance
Program (RAP) District 4 Funds. District 4 (AH)
5. Staff recommends
motion to receive and file: original
executed Request for Funding Form for a School Board Recreation Assistance
Program (RAP) project for Pahokee Middle/Senior High School, in an amount
not-to-exceed $1,000 for participation in the Sugar Bowl Music Festival. SUMMARY: This fully executed
Request for Funding Form is for School Board RAP allocations made in accordance
with the Interlocal Agreement for the funding of RAP Projects (R2003‑1747)
approved by the Board on October 21, 2003. Funding is from the Recreation Assistance
Program (RAP) District 6 Funds. District
6 (AH)
6. Staff recommends
motion to approve:
A) Agreement with Boynton Woman’s Club, Inc.
for the period July 10, 2007, through July 9, 2009, in an amount not-to-exceed
$75,000 for funding of the roof replacement for the Boynton Woman’s Club
building; and
B)
Budget Transfer of $75,000 within the $25M GO Parks and Cultural
Improvements Bond Fund - 2003 to Boynton Woman’s Club roofing project.
SUMMARY: This Agreement provides funding
for roof tear down and replacement, work permits, and materials for the Boynton
Woman’s Club roofing project. The
Boynton Woman’s Club building was constructed in 1926 and has been open to the
public continually since then. The
Agreement allows for the reimbursement of pre-agreement expenses incurred
subsequent to May 1, 2007. Funding is
from the 2002 $50 Million Recreation and Cultural Facilities Bond referendum –
District 4. District 4 (PK)
7. Staff recommends
motion to approve: First
Amendment to Agreement (R2004‑1761) with the City of Boynton Beach for
funding of the Recreation Center at Wilson Park. SUMMARY: This First Amendment to
Agreement extends the completion date from 36 months August 16, 2007 to
December 31, 2007, in order to ensure the project will be complete and
documents submitted before the project completion date. Funding is from the $50
Million Recreation and Cultural Facilities Bond referendum. District
7 (PK)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
8. Staff recommends
motion to approve:
A) Agreement
with the City of Belle Glade for the period July 10, 2007, through December 30,
2008, in an amount not-to-exceed $57,015 for Airport Park lighting improvements;
and
B) Budget
Transfer of $17,015 within the Capital Outlay Fund from the CCRT Recouped
Funding reserves to the City of Belle Glade Lighting Improvement Project.
SUMMARY: This funding is to help offset the cost of lighting
improvements to Belle Glade’s Airport Park which are necessary in order to
provide improved lighting for the City’s Youth League Program. The Youth League Program at Airport Park
serves approximately 300 children and youth annually. In addition to $40,000 from the Recreation
Assistance Program (RAP) - District 6, The Office of Community Revitalization
(OCR) is requesting a budget transfer of $17,015 from the Capital Outlay Fund,
for a total project allocation of $57,015.
This Agreement allows for the reimbursement of eligible project costs
incurred by Belle Glade subsequent to January 8, 2007. District 6 (AH)
9. Staff
recommends motion to approve: Budget Transfer of $94,865 in Park Impact
Fees Zone 2 from Lantana Road District Park I to Park Ridge Golf Course. SUMMARY:
This budget transfer will fund
immediate needs at Park Ridge Golf Course caused by recent weather events and
user services. Items to be funded
include sod, landscaping, cart path, signage, security upgrades, equipment, and
a starter booth. District 6 (AH)
10. Staff recommends motion to approve:
Two (2) A) approve
a Concessionaire Service Agreements
with Vending Americas, Inc., formerly known as DiLoreto & Sons,
Inc., to provide vending machine services at Palm Beach County Parks and
Recreation Ffacilities located
in the North and West Regions;
,which
will bring an estimated revenue of $18,240 per year to the
County; and B) approve a Concessionaire
Service Agreement with Sunshine Beverage and Snack, LLC to provide vending
machine services at Palm Beach County Parks and Recreation facilities
located in the South
Region,
which will bring an estimated revenue of $3,900 per year to the
County; and
.C) authorize the
County Administrator or his designee to sign amendments to the Concessionaire
Service Agreements which may add,
subtract
or change Authorizing
the Parks and Recreation Director to approve
adding, subtracting or changing the
number orand
location of vending machines within a
particular regions,
assuming no other changes to the conditions
of the agreements occur and whichbut will
not
change the terms or conditions of the Concessionaire Service Agreements.:
A)DiLoreto & Sons Vending,
Palm Beach County Parks and Recreation Department Facilities, North and West
Regions, estimated revenue $18,240 per year.
B)Sunshine Beverage and
Snack, LLC, Palm Beach County Parks and Recreation Facilities, South Region,
estimated revenue $3,900 per year.
SUMMARY: The Parks and Recreation Department has
identified approximately thirty-four (34)7 locations at
Parks and Recreation Department facilities within three3
separate Palm Beach County geographic regions, which would benefit by having
vending machine services available. In
November, 2006 staff issued a Request for Proposals to provide vending machine
services at Department facilities in the North, Central and West Regions. Responsive proposals were received from two
existing vendors, DiLoreto and Sons Vending, and Sunshine Beverage and Snack,
LLC. A Selection Committee,
made up of three (3) (3) employees from the Parks and
Recreation Department, recommended Vending Americas, Inc.
(DiLoreto) for the North and West Regions, and (they were the only bidder for these regions). Sunshine Beverage & Snack,
LLC (Sunshine)
was ranked the highest for the South
Region.
(the only region on which they bid). Both proposals demonstrated
relevant local experience and provided for a variety of beverage and snack
items at competitive prices. Sunshine
received additional ranking for Ssmall Bbusiness
Eenterprise/Local
Business preference, as Sunshine Beverage and Snack was
a certified SBE.
The initial term of
Agreement for both companies is one (1) year with
four (4) extension options, each for one (1) year, upon approval of the Parks
and Recreation Director. DiLoreto and
Sons will pay an $80 per month machine fee (with a 4% increase per year) at
locations targeted towards the general public. Sunshine Beverage and Snack will
pay $25 per month machine fee (with a 4% increase per year) at locations
targeted towards the general public. Neither company will pay machine fees at
locations Identified as being targeted toward county employees but will provide
discounted prices at those locations. Product changes and price increases will
be limited to once each year upon approval of the Department. Both companies are responsible for providing
maintenance and security to their own machines.
The county will provide electric and/or other utilities. The companies will not add or remove machines
from locations or to add or remove locations without the approval of the
Director of the Parks and Recreation Department.
These agreements do not prohibit the Department from
providing its own vending machine services or entering into agreements with
other companies to provide vending machine services at other locations. The County has the right to terminate the
agreements for any reason upon ninety (90) days notice. DiLoreto and Sons and
Sunshine Beverage and Snack, LLC will each pay $500 security deposit.
(P&R)
Countywide (AHJFW)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
11. Staff
recommends motion to approve:
A) Budget Transfer of $210,007 in Park Impact Fees Zone 1 from Dubois Park
Riverwalk Improvements to Jupiter Beach Park Seawall; and
B) Budget Transfer of $15,000 in the Park
Improvement Fund from Reserves-New Projects to Jupiter Beach Park Seawall.
SUMMARY: These budget
transfers totaling $225,007 to the Jupiter Beach Park Seawall project are
necessary to provide funding to construct a new seawall along the Atlantic
Ocean coastline. This seawall is to
protect a restroom building and other related infrastructure. District 1 (AH)
Q. CRIMINAL
JUSTICE COMMISSION
1. Staff
recommends motion to receive and file: the following fully
executed grant agreements from the Florida Department of Law Enforcement (FDLE)
for the FY 2007 Byrne Formula Grant Program for the period of October 1, 2006,
through September 30, 2007 as follows:
A) Palm
Beach County Criminal Justice Commission (CJC) for the Community Justice
Service Center (CJSC) Treatment project in the amount of $109,709 (R2006-1146);
B) Palm
Beach County Public Safety for Drug Court treatment services in the amount of
$103,811 (R2006-1148);
C) State
Attorney’s Office, 15th Judicial Circuit for a Forensic Accountant
position in the amount of $45,000 (R2006-1149);
D) Palm
Beach County Sheriff’s Office Violence Against Women Program in the amount of
$60,000 (R2006-1150); and
E) Palm
Beach County Sheriff’s Office for the Community Justice Service Center
(Westgate) Treatment project in the amount of $14,730 (R2006-1151).
SUMMARY: These fully executed grant
agreements are in accordance with Board of County Commissioner’s approval on
June 20, 2006 (resolutions listed above) to submit the applications to the FDLE
and the delegated authority to the CJC Executive Director to execute all
necessary documents as required by the FDLE.
Countywide (DW)
JULY 10, 2007
3. CONSENT
AGENDA APPROVAL
S. FIRE
RESCUE
1. Staff recommends
motion to approve: the write-off of uncollectible Advance Life
Support (ALS) transport accounts to remove these amounts from the County’s
financial books for the following period:
October 1, 2002
through September 30, 2003 (FY03) $2,480,697.54
October 1, 2003
through September 30, 2004 (FY04) $2,937,075.73
$5,417,773.27
Summary:
In December 1994, the Board authorized Fire Rescue to transport
critically ill/injured patients and bill for those services. The County contracts with a private company
for these billings and collections services.
The County receives payment from a number of sources, including
commercial insurance, Medicare, Medicaid and private individuals. During the period October 1, 2002 to
September 30, 2004, Fire Rescue generated $20,288,270.40 in gross transport
billings and collected (to-date) $13,291,675.25 or 65.5%. After adjustments, the balance of
$5,417,773.27 is currently deemed to be uncollectible and staff recommends that
this amount be written-off the County’s financial books. The write-off of these accounts does not
eliminate the County’s authority to continue to pursue collection of these
accounts. Countywide (SB)
* * * * * * * * * * * *
JULY 10, 2007
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
A. Proclamation
declaring September 22, 2007 as “American Business Women’s Day” in Palm Beach
County. (Sponsored by Commissioner
Greene)
B. Certificate
of Appreciation to Sandsifters in recognition of dedicated and ongoing
commitment in keeping the beaches of Palm Beach County clean and energizing
more than 600 volunteers from various communities to help with this worthy
cause. (Sponsored by Commissioner McCarty)
* * * * * * * * * * * *
JULY 10, 2007
5. PUBLIC
HEARINGS - 9:30 A.M. (Motion to receive
and file: Proof of publication)
A. Staff recommends
motion to:
A)
approve the Application
of Galaxy Aviation of Palm Beach, Inc., for the issuance of not-to-exceed
$9,000,000 of Variable Rate Demand Airport Revenue Bonds (Galaxy Aviation
Project - Series 2007) (the “Bonds”);
B)
conduct a TEFRA
public hearing concerning the issuance of the Bonds; and
C) adopt a Bond Resolution which
approves, among other things, the form of certain documents relating to the
issuance of the Bonds.
SUMMARY: Galaxy Aviation of Palm Beach,
Inc. (the “Company”) has applied for the issuance of the Bonds by the County in
an amount not-to-exceed $9,000,000. The
Bonds proceeds will be used to pay costs of constructing approximately 58,000
square feet of general aviation storage hangars and related office space on the
western leasehold of the Company. The
County leases certain properties to the Company at the Palm Beach International
Airport (the “Airport”) for its fixed base operations. The current lease will be amended to reflect
the issuance of the Bonds. The Project
will be located at 3800 Southern Boulevard in West Palm Beach, Florida, at the
Airport. The Project will be owned by
the County and leased to the Company. Under
the Internal Revenue Code, prior to the issuance of the Bonds, the County is
required to conduct a TEFRA public hearing. The Bonds will be issued pursuant to the terms
and provisions of a Trust and Agency Agreement. The Bonds will be payable solely from revenues
derived from the Company. Neither the
taxing power nor the faith and credit of the County, nor any County funds,
shall be pledged to pay principal or redemption premiums, if any, or interest
on the Bonds. District 2 (PFK)
B. Staff
recommends motion to adopt: a
Resolution of the Board of County Commissioners of Palm Beach County, Florida,
approving the Palm Beach County Action Plan (AP) for FY 2007-2008; and
authorizing the Chair of the Board or other Commission members to endorse
Standard Forms 424 and Certifications for submission to the U.S. Department of
Housing and Urban Development to receive FY 2007-2008 formula grant funding
through the Community Development Block Grant (CDBG), Emergency Shelter Grant
(ESG), and HOME Investment Partnerships (HOME) Programs. SUMMARY: Federal Regulations at 24 CFR Part 91
requires Palm Beach County to submit an Action Plan to HUD no later than August
15, 2007 in order to receive CDBG, ESG, and HOME annual entitlement grant
allocations. Failure to meet the above
deadline will automatically result in the loss of CDBG funds for the upcoming
fiscal year. The Palm Beach County
Action Plan outlines the recommended expenditures of FY 2007-2008 entitlement
grants as follows: CDBG - $7,068,569; ESG - $306,234; and HOME - $2,642,247,
including American Dream Downpayment Initiative (ADDI) funds of $53,383. The
draft FY 2007-2008 Action Plan was approved by the BCC on June 19, 2007. A summary of the draft Plan and a Notice of
Public Hearing was published on May 13, 2007 to receive public input, to
provide public notice of meetings, and to provide a thirty (30) day public
comment period. Public comments received
as a result of the advertisement and meetings will be summarized and added to
the plans, as required by HUD regulations. Countywide (TKF)
JULY 10, 2007
5. PUBLIC
HEARINGS - 9:30 A.M. CONTINUED
C. Staff recommends
motion to:
A) conduct a Public Hearing for approval of the use of the Uniform
Method of collecting non-ad valorem special assessments provided for in Chapter
197, Florida Statutes pursuant to the Notice of Intent adopted by Resolution
97-2152; and
B) adopt the non-ad valorem special assessment roll and specify the
unit of measurement and amount of the assessment.
Summary: On
December 16, 1997, the Board approved Resolution 97-2152, expressing the intent
of Palm Beach County to use the Uniform Method of collecting non-ad valorem
special assessments. The Uniform Method
provides for inclusion of water and street improvement project special
assessments on the tax bill. This method
has been utilized successfully since 1998.
A Public Hearing is required to implement this collection method for new
special assessment projects to be included on the 2007 tax bill. Countywide (PFK)
D. Staff recommends
motion to:
A) approve the proposed fare increase for
Palm Tran fixed route and Connection services; and
B) approve changes to the ADA
Complementary Paratransit Service parameters.
SUMMARY: On May 22, 2007, the Board reviewed Palm
Tran’s proposal to adjust fares and programs. Based on the Board’s discussion from this
workshop, staff has prepared a proposal which contains the proposed changes to
Palm Tran’s Fixed Route & Connection fares; and ADA Complementary
Paratransit Service adjustments. Countywide (DR)
E. Staff recommends
motion to adopt: 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: Since the development and adoption of the
County’s Five-Year Road Program on November 13, 2006, the progress and
evolution of current and near-term projects has continued to be monitored. Costs and revenues have been updated and in
some cases, additional needs have been identified. Revisions are being proposed to modify the
Road Program to reflect this updated information. A Mid-Year Ordinance Amendment with a preliminary
reading and a Public Hearing is required in order to accomplish this. On June 19, 2007, the Board approved this
Amendment on preliminary reading and authorized advertisement for today’s
Public Hearing for final adoption. Countywide (MRE)
JULY 10, 2007
5. PUBLIC
HEARINGS CONTINUED
F. TIME CERTAIN
10:00A.M: CONTINUED FROM JUNE 28, 2007 ZONING MEETING
Z/CA2007-200 Title: Resolution approving an Official
Zoning Map Amendment application of 6620 Lakeside Road, LLC, by Perry &
Taylor PA, Agent. Request: Rezoning from the Single-family Residential
(RS) Zoning District to the General Commercial (CG) Zoning District. Title:
Resolution approving a Class A Conditional Use application of 6620
Lakeside Road, LLC, by Perry & Taylor, PA, Agent. Request: To allow a dispatching office
and a general repair and maintenance facility.
General Location: Approximately
451 feet south of Jog Road on the west side of Florida’s Turnpike. (PALM
BEACH TRANSPORTATION COMMUICATION CENTER)
(Control 1996-042) District 2
Size: 3.14 acres +
DISCLOSURE
Staff Recommendation: Approval, subject to conditions
Zoning Commission
Recommendation: Approved as amended,
7-0.
MOTION: To adopt a resolution approving an Official
Zoning Map Amendment from the Single-Family Residential Zoning District to the
General Commercial Zoning District.
MOTION: To adopt a resolution approving a Class A
Conditional Use to allow a dispatching office and a general repair and
maintenance facility.
* * * * * * * * * * * *
JULY
10, 2007
6. REGULAR
AGENDA
A. ADMINISTRATION
1. Staff recommends
motion to approve: an
Interlocal Agreement creating the Palm Beach Workforce Development Consortium,
authorizing the execution of such other documents as may be necessary to
complete the transactions contemplated hereby; and providing an effective date. SUMMARY: Workforce Alliance, Inc. (Alliance) currently
operates as the County’s administrative entity pursuant to PBC LEO Agreement (R2004-0838)
dated April 13, 2004 through June 30, 2008 to provide policy guidance for
implementing and exercising oversight with respect to job training activities
under the Workforce Innovation Act of 2000 (Florida Statutes, Section 455) and
the Workforce Investment Act of 1998 (P.L. 105-220). The PBC LEO
Agreement (R2004-0838) designates Alliance as the fiscal agent, grant recipient
and administrative entity to administer WIA, PRWOR, Wagner-Peyser Act and such
other funding sources as may be available to support workforce development
activities for Region 21, Palm Beach County, Florida. Under the new Interlocal
Agreement creating the Palm Beach Workforce Development Consortium, Alliance
will continue to act as the fiscal agent, grant recipient and administrative
entity for those funding sources and workforce development activities.
Execution of the Interlocal Agreement will supersede the PBC LEO Agreement (R2004-0838).
The Interlocal Agreement empowers
the Palm Beach County Board of County Commissioners to appoint 17 (85%) of
their respective number of private sector members to the Alliance Board of
Directors. Additionally, the Interlocal Agreement empowers the Palm Beach
County Board of County Commissioners to terminate their participation in the
Interlocal Agreement by sending a 60-day written notice. Countywide (TKF)
JULY
10, 2007
6. REGULAR
AGENDA
B. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends motion to:
A) approve a Restoration Cost-Share Project Agreement (Agreement) with the United States of America Natural Resources Conservation Service (NRCS) for the Loxahatchee Slough Natural Area – Sandhill Crane East Restoration (SCER) Project, commencing upon execution in FY 2007 for a period of three (3) years in an amount not-to-exceed $1,541,844;
B) approve a second Agreement with the United States of America Natural Resources Conservation Service (NRCS) for the Winding Waters Natural Area Restoration (WWNAR) Project, commencing upon execution in FY 2007 for a period of three (3) years in an amount not-to-exceed $1,050,000;
C) approve Budget Amendment of $1,541,844 in the Capital Outlay Fund to recognize the Agreement revenue for the SCER Project;
D) approve Budget Amendment of $1,050,000 in the Capital Outlay Fund to recognize the Agreement revenue for the WWNAR Project; and
E) authorize the County Administrator, or his designee, to sign all future time extensions, task assignments, certifications, and other forms associated with these Agreements, and necessary minor amendments that do not change the scope of work or terms and conditions of these Agreements.
Summary: The NRCS Agreements will provide $1,541,844 in funding for the SCER Project, and $1,050,000 in funding for the WWNAR Project, on a quarterly reimbursement basis expiring September 30, 2010. Palm Beach County’s share of the $2,055,792 SCER Project total cost is $513,948, while its share of the WWNAR Project total cost of $1,400,000 is $350,000. Both project matches are currently provided in the budget as cash and in-kind services. The Agreements require the County to maintain all restoration improvements for ten (10) years after the projects are completed. NRCS has informed staff that they must commit the funds to selected projects by August 1, 2007 or the funds will be lost for this funding cycle. The proposed restoration activities for the SCER Project include: 1) mechanical removal of exotic vegetation, primarily Australian pine, from the spoil piles that were excavated along two parallel ditches (2.7 miles in length) and along perimeter ditches (8.5 miles), 2) removal of spoil piles (berms) to fill major ditches (2.7 miles), perimeter ditches (8.5 miles), and internal ditches (5.5 miles), and ground control treatment of exotic vegetation (primarily Brazilian pepper, climbing fern, and Australian pine) for the entire project area (1699 acres). For the WWNAR Project, the hydrological restoration includes enhancing hydrology on site by constructing a water control structure along the east side of the property that will raise the water control elevation from 9 feet to 13 feet NGVD. A hydrological barrier will be installed along the southern boundary of the property to minimize seepage loss to the Northern Palm Beach County Improvement District EPB-10 canal and City of Riviera Beach wellfield. Additionally, two (2) acres of existing ditches will be enhanced by backfilling with appropriate material to a natural wetland grade and exotic vegetation removal will be conducted. Districts 1 & 2 (SF)
JULY
10, 2007
6. REGULAR
AGENDA
B. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends motion to approve: 2007 Public Lands Grant Program application rankings as recommended by the County’s Natural Areas Management Advisory Committee (NAMAC). Summary: On February 25, 2003, the Board of County Commissioners (BCC) approved Countywide Prohibited Invasive Non-native Vegetation Ordinance (R2003-011), along with five (5) incentive/financial assistance programs and associated funding, for the removal of the nine (9) prohibited non-native invasive plant species from privately and publicly-owned property. One (1) incentive program, the Public Lands Grant Program, provides monies to municipalities and other public agencies for the removal of invasive non-native vegetation from publicly-owned lands. NAMAC has reviewed and ranked this year’s Grant applications. The Department of Environmental Resources Management (ERM) recommends the funding of fifteen (15) ranked projects for a total of $434,000. On February 25, 2003, the BCC authorized the County Administrator or his designee to execute Interlocal Agreements for this program. Districts 1, 2, 3, 4, 6 & 7 (SF)
c. fire rescue
1. Staff recommends
motion to approve on preliminary
reading and advertise for public hearing on August 21, 2007, at 9:30 a.m.: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, amending Section 26-51, Paragraph
(b), of Chapter 26, Article II, Division 3, Palm Beach County Code (Codifying
Ordinance No. 2005-064); recognizing the inclusion of the Town of Loxahatchee
Groves within the boundaries of the Fire Rescue MSTU (Municipal Service Taxing
Unit); providing for repeal of laws in conflict; providing for severability;
providing for inclusion in the code of laws and ordinances; providing for
captions; providing for effectiveness. Summary: Chapter 2006-328, Laws of Florida, created
the Town of Loxahatchee Groves and established its Charter. Properties located within the newly created
municipal boundaries were previously included in the Fire Rescue MSTU as
unincorporated Palm Beach County.
Chapter 2006-328, Laws of Florida, authorized the continuation of the
Fire Rescue MSTU within the newly formed Town until the Town adopts an
Ordinance to the contrary. The proposed
Ordinance formally recognizes the inclusion of the Town within the boundaries
of the Fire Rescue MSTU. Countywide
(SB)
JULY
10, 2007
6. REGULAR
AGENDA
D. PLANNING, ZONING & BUILDING
1. Staff recommends motion to adopt: a
Resolution of the Board of County Commissioners of Palm Beach County, Florida,
adopting a responding resolution, authorizing Palm Beach County, Florida to
commence the negotiation process for an interlocal service boundary agreement
between Palm Beach County and the Village of Palm Springs, pursuant to Chapter
171, Part II, Florida Statutes; and providing an effective date. SUMMARY: On September 27, 2005, the Board of County
Commissioners accepted the Village of Palm Springs Annexation Study and
directed staff to implement the Study by developing a Joint Planning Agreement
with the Village. As such, on May 10,
2007, the Village of Palm Springs adopted an Initiating Resolution pursuant to
Chapter 171, Part II, F.S., as a first step in the process of completing an
Interlocal Service Boundary Agreement for a small portion of the original
Annexation Study Area. The area subject
to the proposed agreement is located on the north and south sides of Forest
Hill Boulevard, between Kirk Road and Military Trail, as further depicted in
Exhibit A of the Resolution. The portion
of the subject area north of Forest Hill Boulevard is identified as a
Countywide Community Revitalization Team (CCRT) Area. This Resolution also identifies issues which
may be negotiated during the agreement process, including identifying service
providers and possible planned improvements.
By adopting this Resolution, the negotiation process can begin; however,
the County is not obligated to enter into the Interlocal Agreement. The Resolution does not annex any property at
this time. Planning staff will work
closely with key County agencies and Village staff within the six (6) months of
the Resolution adoption to develop an Interlocal Agreement which will be
subsequently presented to the Board at a later date. District 2 (RB)
2. Staff
recommends motion to approve on preliminary reading and advertise for Public
Hearing on August 21, 2007 at 9:30a.m.:
an Ordinance of
the Board of County Commissioners of Palm Beach County Florida repealing Ordinance
2005-006 in its entirety and replacing it with the following: revised
annexation charter amendment implementation ordinance; providing for purpose;
providing for authority; providing for territory embraced; providing for notice
to county; providing for procedure in charter regarding voluntary annexation by
municipalities; providing for designation of unincorporated rural
neighborhoods; providing for applicability of state law; providing for
severability; providing for inclusion in the Code of Laws and Ordinances;
providing for enforcement; providing for captions; and providing an effective
date. SUMMARY: The voters of Palm
Beach County approved the Annexation Charter Amendment in November 2004. On April 19, 2005, the Board of County
Commissioners adopted Ordinance 2005-2006 to implement the charter
amendment. Subsequently, several
municipalities challenged the legality of the charter amendment and
implementing ordinance. Several
provisions in the implementing ordinance were stricken by the circuit court in
an order dated June 6, 2005 that was upheld by the Fourth District Court of
Appeal in November 2006. The Florida
Supreme Court denied review of the case in March 2007. This ordinance repeals Ordinance 2005-2006 in
its entirety and replaces it with a new ordinance establishing notice for
procedures for all voluntary annexations and designating an Unincorporated
Protection Area and Unincorporated Rural Neighborhoods. County staff presented the proposed ordinance
to the League of Cities on January 10, 2007.
Countywide (RB)
JULY
10, 2007
6. REGULAR
AGENDA
D. PLANNING, ZONING & BUILDING (Cont’d)
3. Staff recommends
motion to:
A) approve an Interlocal Agreement with the Town of Loxahatchee Groves providing
Zoning review for applications within the municipal limits of the Town of
Loxahatchee Groves, Florida, by Palm Beach County Planning, Zoning and Building Department
(PZ&B); and
B) adopt a Resolution revising PZ&B Fee Schedule with a “Surcharge” to be
charged to Loxahatchee Groves’ applicants.
SUMMARY: The Town of Loxahatchee Groves has requested
that Palm Beach County Planning, Zoning and Building Department provide zoning
review of applications through an Interlocal Agreement. There will be no cost to the County, and no
additional staff is needed. Application
fees will pay for the full cost of services.
The Interlocal Agreement shall be in effect from July 10, 2007 to September
30, 2007 and shall be automatically renewed thereafter from fiscal year
(October 1 to September 30), unless either party shall notify the other in
writing of the party’s desire to terminate all or part of this Agreement. District 6 (RB)
* * * * * * * * * * * *
JULY 10, 2007
7. BOARD
APPOINTMENTS
A. ADMINISTRATION
(South
Florida Regional Transportation Authority)
1. Staff recommends
motion to approve: reappointment
of one (1) individual to the South Florida Regional Transportation Authority
(SFRTA) for a four (4) year term, effective June 23, 2007 through June 22,
2011:
Nominee Seat No. Seat
Requirement Nominated
by:
Marie Horenburger 4 PBC Rep/Business or Comm. Marcus
Civic Interest Comm. Koons
Comm. Newell
Comm. McCarty
Comm. Aaronson
Comm. Greene
SUMMARY: The Authority is composed of nine (9) voting members: one (1) County Commissioner each from Broward, Miami-Dade and Palm Beach counties; one (1) resident from each county (selected by each county commission and having a business/civic interest); one (1) representative from FDOT; and two (2) residents of any of the three (3) counties selected by the Governor. Ms. Horenburger has served on the SFRTA since 2003 and wishes to be reappointed for another four (4) year term. A memo dated June 12, 2007, was circulated to the BCC notifying them of the expiration. Countywide (DR)
(Overall Economic Development Program Committee)
2. Staff recommends
motion to approve:
A) the appointment of seven (7) at-large members
to the Overall Economic Development Program (OEDP) Committee:
|
Nominee |
Seat Requirement/Nominated by: |
Seat No. |
Term Starts |
Term Expires |
|
Raoul
Pierre-Louis |
The
Business Loan Fund of the Palm Beaches, Inc. |
3 |
7/16/07 |
7/15/11 |
|
Nancy
L. Hogan |
The
League of Cities |
10 |
7/16/07 |
7/15/11 |
|
Kenneth
Lutz |
The
Glades Communities |
21 |
7/16/07 |
7/13/08 |
|
David
Roach |
The
Florida Inland Navigation District |
25 |
7/16/07 |
7/15/11 |
|
Al
Zucaro |
The
World Trade Center Association Palm Beach, Inc. |
26 |
7/16/07 |
7/15/11 |
|
Troy
McLellan |
A
North County Business Representative |
27 |
7/16/07 |
7/15/11 |
|
Casey
Steinbacher |
A
South County Business Representative |
28 |
7/16/07 |
7/15/11 |
B) the
reappointment of eight (8) at-large members to the Overall Economic Development
Program (OEDP) Committee:
|
Nominee |
Seat Requirement/Nominated by: |
Seat No. |
Term Starts |
Term Expires |
|
Kelly Smallridge |
The Business Development Board of Palm Beach
County, Inc |
1 |
7/16/07 |
7/15/11 |
|
Seabron A. Smith |
The Business Incubators |
2 |
7/16/07 |
7/15/11 |
|
Paul M. Twitty |
The
Economic Council of Palm Beach County, Inc. |
5 |
7/16/07 |
7/15/11 |
|
Victor T. Connor |
The
Equine Industry |
6 |
7/16/07 |
7/15/11 |
|
Dean Turney |
The
Equine Industry Business Development |
7 |
7/16/07 |
7/15/11 |
|
W.
Richard Staudinger |
The
Florida Engineering Society |
8 |
7/16/07 |
7/15/11 |
|
Richard
D. Slaymaker |
A
(local) Labor union |
9 |
7/16/07 |
7/15/11 |
|
David
A. Luhrsen |
A
Local college or university |
11 |
7/16/07 |
7/15/11 |
SUMMARY: The OEDP Committee consists of thirty-one (31)
members. The OEDP Committee reviews and
makes recommendations to the Board of County Commissioners on important
economic development programs, projects and issues. The new appointment,
Kenneth E. Lutz, will replace former member, Dr. Esther E. Berry. Dr. Berry’s obligations do not allow her
sufficient time to serve on the OEDP Committee. Countywide (DW)
JULY 10, 2007
7. BOARD
APPOINTMENTS
A. ADMINISTRATION (Cont’d)
(Workforce Alliance, Inc.)
3. Staff recommends
motion to approve: appointment
of Charleen Szabo to complete a term of four (4) years beginning on July 10,
2007 to January 31, 2010 to Workforce Alliance, Inc.
Nominee Seat Position/Employer Nominated
By
No.
Charleen
Szabo 28 Director WPB VA Network
Director of the
Medical Center Department of Veterans
Affairs
SUMMARY: The membership of Workforce
Alliance, Inc. (Alliance) conforms to the requirements of the Workforce
Investment Act (WIA) of 1998, and the Workforce Innovation Act of 2000. The Workforce Investment Act of 1998 requests
that an emphasis be placed on CEO’s or highest level of management positions
for both community and business sector appointments. The Alliance Board of Directors respectfully
requests approval of one (1) new appointment – Charleen Szabo for July 10, 2007
to January 31, 2010 to replace Edward Seiler who exited office on April 3, 2006
due to relocation out of state. Countywide
(TKF)
(Small Business Assistance Advisory
Committee)
4. Staff recommends
motion to appoint: a representative
for Seat Number 3 to complete the remaining term of approximately one (1) year,
seven (7) months which expires on February 24, 2009:
Appoint Seat
No. Seat Designation Nominated By:
Lou Ella Jordan
3 Certified Woman Comm. Greene
Business
Owner
SUMMARY: The Small
Business Assistance Advisory Committee was established by Palm Beach County
Code 2-80.32. The Committee consists of
thirteen (13) members and the terms of the seats are for three (3) years. On May 15, 2007 a memorandum was sent to the
Board of County Commissioners which advised that the term of Seat Number 3 was
available because the incumbent was unable to attend three (3) consecutive
meetings. Countywide (TKF)
JULY 10, 2007
7. BOARD
APPOINTMENTS
B. Environmental Resources Management
(Groundwater
and Natural Resources Protection Board)
1. Staff recommends motion to approve: the reappointment of one (1) at-large member to the Groundwater and Natural Resources Protection Board (GNRPB) for a term of three (3) years beginning July 31, 2007, through July 30, 2010.
Nominee Representing Seat No. Nominated By
Cynthia Barlow Chemist/Biologist 4 Comm. John F. Koons
Comm. Warren H. Newell
Comm. Addie L. Greene
Comm. Burt Aaronson
Summary: Ordinance 92-20 and Article 17.C.7., of the Unified Land Development Code (ULDC) provides for a seven (7) member GNRPB. The membership consists of one (1) professional engineer, one (1) attorney, one (1) hydrologist, one (1) business person, one (1) biologist or chemist, one (1) citizen of PBC and one (1) member of an environmental organization. A memorandum was sent to the Board of County Commissioners on May 11, 2007 advising that the term of Seat No. 4 would expire on July 31, 2007. Ordinance 92-20 and Article 17.C.7., of the ULDC require Seat No. 4 to be filled by Chemist/Biologist. No other nominations were received. Countywide (SF)
(Natural Areas Management Advisory Committee)
2. Staff recommends
motion to approve: the
appointment of one (1) of the two (2) nominees for Seat 1, Manager of Natural
Areas, to the Natural Areas Management Advisory Committee (NAMAC), beginning on
July 10, 2007 and extending through October 31, 2008.
Nominee Representing Seat Nominated by
Dr. Ann Cox Manager of Natural Areas 1 Comm. Addie L. Greene
Comm. John F. Koons
or
William M. Helfferich Manager of
Natural Areas 1 Comm.
Warren H. Newell
Summary: On August 16, 1994, the Board of County Commissioners adopted Resolution No. 94-1051, which established a Natural Areas Management Advisory Committee (NAMAC) with seven (7) at-large members. The composition of the Committee shall be as follows: one (1) member with experience in the management of natural areas, one (1) biological scientist, one (1) professional educator with knowledge of South Florida ecosystems, one (1) representative of a local municipal government public recreation program, one (1) member of the Palm Beach County Parks and recreation Department staff, one (1) citizen having an interest in natural areas, and one (1) member of the County’s Environmentally Sensitive Lands Acquisition Selection Committee (ESLASC), for as long as this Committee is in existence. Upon sunset of ESLASC, this position shall be filled thereafter by a citizen with an interest in natural areas. A memorandum from Environmental Resources Management (ERM) was sent to the Board of County Commissioners on May 9, 2007 advising that Seat No.1 on NAMAC was vacant due to the resignation of Fred Davis on April 30, 2007. Two (2) individuals expressed their willingness to assume the duties of Seat 1 and to serve the remainder of the term. No other nominations for Seat 1 were received. Both of these nominees meet the necessary requirements. Countywide (HF)
JULY 10, 2007
7. BOARD
APPOINTMENTS
C. OFFICE OF Financial Management & Budget
(Impact Fee Review Committee)
1. Staff recommends
motion to approve: the
appointment of Nancy Hogan to the Impact Fee Review Committee, Seat 2 - Municipal,
to complete the term of David Farber, which expires September 30, 2007. Summary: The Impact Fee Review Committee is
composed of seven (7) members and three (3) alternate members appointed by the
BCC. The membership of the committee
includes three (3) representatives from municipalities, three (3)
representatives from the business community, and one (1) member selected at
large. The alternate members include one
(1) representative from each of the categories above. An alternate member shall be authorized to
vote in place of an absent voting member appointed from the same category and
shall count toward a quorum. This agenda
item provides for the appointment of Nancy Hogan to complete the unexpired term
of David Farber. Countywide (LB)
D. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
JULY 10, 2007
8. MATTERS
BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
JULY 10, 2007
9. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
JULY 10, 2007
10. COMMISSIONER
COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS
B. District
2 - COMMISSIONER JEFF KOONS, VICE CHAIR
C. District
3 - COMMISSIONER WARREN H. NEWELL
D. District
4 - COMMISSIONER MARY MCCARTY
E. District
5 - COMMISSIONER BURT AARONSON
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER ADDIE L. GREENE, CHAIRPERSON
Proclamation declaring
July 14, 2007 as “Bahamian Cultural Festival Day” in Palm Beach County.
11. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."
July 10, 2007 – 9:30a.m.
Final
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
JULY 10, 2007
PAGE ITEM
16 3F-1 REVISED TITLE: Staff recommends motion to approve:
A) the Construction Manager (CM) at Risk Contract with
J.F. Houston Construction, Inc. for a term of two (2) years with three (3), one
(1) year renewable options. Task No.
1 in the amount of $622,158 is for Phase I for miscellaneous repair,
replacement and improvement projects at Palm Beach County Glades Airport
(Pahokee); and …(Airports)
23 3H-13 DELETED: Staff
recommends motion to approve: Use
Agreement with the Supervisor of Elections (Supervisor) that provides for the
Supervisor to use and occupy 23,570 square feet of 3200 Belvedere Road,
Building 1169 for a Voter Equipment Center.
(Further staff review) (FD&O)
29 3I-3 DELETED: Staff recommends motion to approve: an
Agreement with Northwest Riviera Beach Community Redevelopment Corp., Inc.
(NWRBCRC) to provide $420,000 in Federal HOME funds for the development of
affordable housing and operating expenses for the period of August 1, 2007 to August
31, 2008.
29 3I-4 REVISED TITLE: Staff recommends motion to approve: an
Agreement with Lake Worth Community Development Corporation (LWCDC), Inc., to
provide $425,000 in Federal HOME funds for the development of affordable
housing and operating expenses for the period of August 1, 2007 to August
July 31, 2008. (HCD)
38 3M-11 REVISED TITLE: Staff recommends motion to approve:
A) Budget Transfer of $210,007 in the General Fund from Contingency Reserves
to the Transfer to Park Improvement Fund line Park Impact Fees Zone 1 from Dubois Park Riverwalk Improvements to
Jupiter Beach Park Seawall; and
B)
Budget Amendment of $210,007 for the Park Improvement Fund to receive
funds from the General Fund and to establish budget for the Jupiter Beach
Seawall project; and
B) C)
Budget Transfer of $15,000 in the Park Improvement Fund from Reserves-New
Projects to Jupiter Beach Park Seawall. (Parks & Recreation)
45 6B-1 REVISED TITLE & SUMMARY: Staff recommends motion to:
A)…
B) approve a second
Agreement with the United States of America Natural Resources Conservation
Service (NRCS) for the Winding Waters Natural Area Restoration (WWNAR) Project,
commencing upon execution in FY 2007 for a period of three (3) years in an
amount not-to-exceed $1,050,000 $1,500,000;
C) ….
D) approve Budget Amendment of $1,050,000 $1,500,000 in the
Capital Outlay Fund to recognize the Agreement revenue for the WWNAR Project;
and
E) …
Summary: The NRCS Agreements will provide $1,541,844
in funding for the SCER Project, and $1,050,000 $1,500,000 in
funding for the WWNAR Project, on a quarterly reimbursement basis expiring
September 30, 2010. Palm Beach County’s
share of the $2,055,792 SCER Project total cost is $513,948, while its share of
the WWNAR Project total cost of $1,400,000 $2,141,340 is $350,000
$641,340. Both project matches
are currently provided in the budget as cash and in-kind services….(ERM)
47 6D-2 DELETED: Staff recommends motion to approve on preliminary reading and advertise
for Public Hearing on August 21, 2007 at 9:30a.m.:
an Ordinance of the Board of County Commissioners of Palm
Beach County Florida repealing Ordinance 2005-006 in its entirety and replacing
it with the following: revised annexation charter amendment implementation
ordinance; providing for purpose; providing for authority; providing for
territory embraced; providing for notice to county; providing for procedure in
charter regarding voluntary annexation by municipalities; providing for
designation of unincorporated rural neighborhoods; providing for applicability
of state law; providing for severability; providing for inclusion in the Code
of Laws and Ordinances; providing for enforcement; providing for captions; and
providing an effective date. (Further staff review)
(PZ&B)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the preliminary addition/deletion sheet
distributed to the Board the prior day are noted with an asterisk (*).