ORDER OF BUSINESS

ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

PALM BEACH COUNTY, FLORIDA

SEPTEMBER 25, 2007

TUESDAY COMMISSION CHAMBERS

9:30 A.M.

1. CALL TO ORDER

A. Roll Call

B. Invocation

C. Pledge of Allegiance

2. AGENDA APPROVAL

A. Additions, Deletions, Substitutions

B. Adoption

WORKSHOP SESSION

3. 9:30 A.M. Development Permitting (PZ&B)

4. 10:30 A.M. Non-Partisan Elections (Admin.)

5. REGULAR AGENDA – 10:45 A.M.

6. BOARD APPOINTMENTS

SEPTEMBER 25, 2007

5. REGULAR AGENDA

A. CLERK AND COMPTROLLER

1. Staff recommends motion to approve: Warrant List.

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

B. ADMINISTRATION

1. Staff recommends motion to approve:

A) Amendment No. 16 to the Contract (R91-1876D) with Robert Weisman, County Administrator, extending said contract for one (1) additional year ending December 31, 2012; and

B) a salary increase at the same level provided to other County employees effective September 29, 2007.

Summary: This Amendment provides for the County Administrator's services through December 31, 2012. The current contract expires December 31, 2011. This is a one (1) year extension. This year marks completion of 27 years as a County employee and 16 years as Administrator. Based on the Board’s evaluation of performance and comparison with similar positions, it is requested that the Board consider a salary increase at the same level as provided to other County employees. Current salary is $233,769. Countywide (MC)

C. AIRPORTS

1. Staff recommends motion to adopt: a Resolution approving a Joint Participation Agreement with the Florida Department of Transportation in the amount of $400,000 to implement the use of Sunpass to pay for parking at Palm Beach International Airport. SUMMARY: The Florida Department of Transportation has issued a Joint Participation Agreement reflecting their commitment of funding to the above referenced project in the amount of $400,000 of eligible project costs. Countywide (AH)

D. COMMUNITY SERVICES

1. Staff recommends motion to approve: payment to the Governor’s Council for Community Health Partnerships (GCCHP) for: a) the period of June 4, 2007, through August 10, 2007, in an amount of $401,191; and b) the period of June 4, 2007, through September 5, 2007, in an amount of $34,582.25, for a total not-to-exceed amount of $435,774, for the provision of Summer Camp Programs. SUMMARY: The Summer Camp Programs for FY 2007 provided for 774 total children from low-income families to attend camp throughout Palm Beach County. The GCCHP has submitted an invoice totaling $401,191 for 708 children who attended camp June 4 through August 10, 2007, and an invoice totaling $34,582.25 for 66 children who attended camp June 4 through September 5, 2007. They are requesting reimbursement through the County Sponsored Program funding base. The funds are in the current budget. Countywide (TKF)

SEPTEMBER 25, 2007

5. REGULAR AGENDA

E. ENGINEERING & PUBLIC WORKS

1. Staff recommends motion to approve: a $1,160,338.40 Contract with Rosso Paving & Drainage, Inc., the lowest responsive, responsible bidder, for the construction of Forest Hill Boulevard from Wellington Trace to S.R. 80 (Project). SUMMARY: This Contract will provide all the work necessary to construct the project. The bid submitted by H. & J. Contracting, Inc., which was the lowest bid, was not responsive. The lowest responsive bidder was Rosso Paving & Drainage, Inc. The Small Business Enterprise (SBE) goal for the Project is 15% overall. The SBE participation committed for the Project by Rosso Paving & Drainage, Inc., is 51.19%. District 6 (MRE)

2. Staff recommends motion to approve: a time extension for a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) concerning the preparation of an Interchange Justification Report (IJR) for Central Boulevard and I-95 (Project). SUMMARY: This time extension will extend the expiration of the JPA to September 30, 2008. District 1 (MRE)

F. ENVIRONMENTAL RESOURCES MANAGEMENT

1. Staff recommends motion to approve: a Contract with the Palm Beach County Sheriff’s Office (PBSO) to provide continued law enforcement services on County-owned conservation lands and natural areas for a period of thirty-six (36) months beginning October 1, 2007 and ending September 30, 2010. Summary: Approval of this Contract will provide three (3) full-time deputies (reduced from five (5) because of budgetary cut-backs) properly trained to patrol the County’s conservation lands and natural areas. Funding of $282,667.78 for this Contract is included in the FY 2008 budget request. The Contract provides that additional deputies may be added to this Contract, if outside funding sources can be arranged. The Contract is presented unsigned, because PBSO policies require that entities contracting for their services sign the contract before the Sheriff signs the contract. Countywide (SF)

2. Staff recommends motion to:

A) approve Agreement (Contract No. 013062) with the Florida Department of Agriculture and Consumer Services (FDACS) for mosquito control services performed by the Department of Environmental Resources Management (ERM), for the period October 1, 2007, through September 30, 2008 for an amount not-to-exceed $35,000, contingent on FY 2008 State funding; and

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

Summary: The Agreement provides Arthropod Control State Aid of $35,000 with a County match of one hundred percent (100%) for one (1) year beginning October 1, 2007. The Agreement must be submitted to FDACS no later than October 1. Funding has been included in the County’s FY 2008 budget request. The County overmatch is $2,205,658. Countywide (SF)

SEPTEMBER 25, 2007

5. REGULAR AGENDA

G. FACILITIES DEVELOPMENT & OPERATIONS

1. Staff requests direction: on proceeding with the design and construction of a Thermal Energy Storage system to supplement the Judicial Center Central Energy Plant (CEP). Summary: In June 2007, the Board authorized proceeding with the expansion of the Judicial Center Central Energy Plant (R2007-0871) to serve the Governmental Center and the 1916 Courthouse as well as ultimately the build-out on Block D. The purpose of this phase of the project is to replace the Governmental Center roof mounted chiller plant which has reached its operational life expectancy by replacing and expanding the existing CEP chillers to accommodate the additional load. Also, the replacement of the existing chillers will eliminate the current refrigerant which is now banned by the EPA. As is typical for new and replacement HVAC projects, the County’s consultant was tasked to examine the potential of alternative energy and energy cost saving systems including Thermal Energy Storage (TES). A TES system is designed to store cooling energy during “off-peak” hours thereby benefiting from reduced electrical rates. The analysis shows that the TES alternative for this project would reduce ongoing electrical costs by at least $205,000/yr (before the construction of the Block D Building and $265,000/annually with the Block D Building) when compared to operating the proposed new central chiller plant without TES. However, there is a net increase in capital cost of $1.3M and requires the siting of a water storage tank on the property which not only requires approval from the City of West Palm Beach but the loss of 20 parking spaces. In order for the design to proceed further, Board direction is required with regard to the inclusion of TES in the further design of the CEP Expansion. Staff is presenting this to the BCC for direction as: 1) this analysis indicates favorable payback terms, but recognizes the immediate capital budget constraints and additional appropriation required; and 2) if chosen for long term financial reasons, the design money is at risk until (and if) the water storage tank is approved by the City. (Capital Improvements Division) Countywide/District 7 (JM)

SEPTEMBER 25, 2007

5. REGULAR AGENDA

H. HEALTH DEPARTMENT

1. Staff recommends motion to approve:

A) a Contract with the Department of Health (DOH) in the amount of $2,330,510 for Environmental Health and Engineering programs provided by the Palm Beach County Health Department (CHD) for the period October 1, 2007, through September 30, 2008; and

B) An Addendum to the Contract to clarify:

1) Paragraph 6.a. – as State employees/personnel, CHD employees are not “officers, agents, or employees of the County”;

2) Paragraph 7.c. – The County shall assure that insurance coverage for vehicles is available through either a self-insurance program or insurance purchased by the County except for insurance referenced in paragraph 7.e.;

3) Paragraph 7.d. – The County shall be named as additional insured on any agreement in which the CHD contracts or subcontracts any work to be performed on the premises to a third party; and

4) Paragraph 7.e. – As a State agency, the CHD agrees to be responsible for its own, its officers’, employees’, or agents’ negligent acts, or omissions, or tortuous acts, which result in claims or suits against the parties, and agrees to be liable for any damages proximately caused by said acts or omissions.

SUMMARY: This Contract sets forth the funding responsibilities of the DOH and the County for the operation of the Palm Beach County Health Department. The State and County share in the funding of the $10,404,647 environmental health budget. The State’s share is $5,284,152 (50.8%), primarily from State general revenue and fees. Funding from the County’s FY 2008 budget is $2,330,510 (22.3%) that includes Environmental Control and Childcare Enforcement funding of $135,890. The remaining local share (26.9%) is comprised of County authorized fees of $832,106 (8.0%), Federal funds of $486,463 (4.7%), DEP funds of $381,394 (3.7%), the Air Pollution Tag fees of $885,000 (8.5%) and local contract and miscellaneous funding of $205,022 (2.0%). County funding is used primarily for salaries and benefits. The environmental staffing is responsible for surveillance of public drinking water systems, permitting and inspection of septic tanks, regulation of air pollution sources, inspection and licensing of child care and other group care facilities, and other duties related to environmental health. The Environmental Control and Childcare Enforcement funding provides for a full-time Attorney/Hearing Officer and a half-time paralegal position to provide counsel for the Child Care Advisory Council, in addition to other Boards, and to serve as Environmental Control Officer for Palm Beach County. County funds are included in the FY 2008 budget. No additional funds are needed. County staff requested certain changes to the State’s standard contract in order to clarify the insurance and liability provisions. The State preferred including these in an Addendum instead of revising the standard contract. Countywide (GB)

SEPTEMBER 25, 2007

5. REGULAR AGENDA

H. HEALTH DEPARTMENT (Cont’d)

2. Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, authorizing funds to support a study to characterize the emissions from sugar cane burning in order to establish air toxic emission factors. SUMMARY: The Health Department’s air pollution control program received a special federal award from the U.S. Environmental Protection Agency to contract with a Florida University to conduct laboratory study. The purpose of the study is to develop air toxic emission factors for sugar cane field burning. This information is important in order to estimate countywide air toxics emissions from all sources to better assess public health impacts. This resolution will enable the Health Department to utilize $20,000 from the Air Pollution Control Trust Fund to cover approximately 21% of the cost for the $94,113 special study. The Air Pollution Control Trust Fund is supported solely by motor vehicle license registration fees collected in Palm Beach County. Subsequent to this action, the net Trust Fund balance will have sufficient cash reserves to operate the air program. Countywide (GB)

I. HOUSING & COMMUNITY DEVELOPMENT

1. Staff recommends motion to:

A) Adopt a Resolution authorizing the conveyance of the County’s interest in a property totaling 6.64 acres of land to Habitat for Humanity of Palm Beach County, Inc., without charge and with reservation of mineral and petroleum rights, but without rights of entry and exploration;

B) Approve one (1) County Deed in favor of Habitat for Humanity of Palm Beach County, Inc.; and

C) Approve an Agreement with Habitat for Humanity of Palm Beach County, Inc., for the conveyance and development of this property.

SUMMARY: Habitat for Humanity of Palm Beach County, Inc., (Habitat), has requested the conveyance of a parcel of County property (known as Kennedy Estates) located in unincorporated Palm Beach County south of Indiantown Road and west of Central Boulevard in the Jupiter area. The County acquired this parcel, with Community Development Block Grant (CDBG) funding from the U.S. Department of Housing and Urban Development (HUD). Habitat, a Florida not-for-profit corporation, wishes to develop this parcel for affordable housing by constructing twenty-seven (27) zero lot line single family dwellings and selling them to low income households (whose household incomes are within 80% of the area median income) in compliance with HUD requirements. The proposed Agreement provides for the conveyance of the land to Habitat, and contains the conditions and restrictions that HCD will use to monitor and enforce HUD’s requirements. The County will retain mineral and petroleum rights in accordance with Florida Statutes Section 270.11, without rights of entry and exploration. District 1 (TKF)

SEPTEMBER 25, 2007

5. REGULAR AGENDA

J. TOURIST DEVELOPMENT COUNCIL

1. Staff recommends motion to approve: Agreement with Palm Beach County Cultural Council, Inc. (the “Cultural Council”) for the provision of services under the County’s Tourist Development Plan during the period October 1, 2007, through September 30, 2012 in the amount of $982,000. SUMMARY: The Agreement provides for the Cultural Council to provide tourism marketing services as it relates to cultural activities and oversight of grants in the amount of $3.4 million under the County’s Tourist Development Plan for a five-year period, from October 1, 2007 through September 30, 2012. The Agreement replaces the current contract, (Contract R-2001-1992) to update governance and other contractual provisions. The new Agreement establishes: A) a new audit committee; B) Exhibit “I” a new “Conflict of Interest Policy”; C) term limits on auditing and legal services and re-bidding thereof; D) amend fidelity bond insurance; E) updates for Fiscal Year 2008 Exhibit “A” – Annual Budget and Exhibit “E” – Performance Measures; F) adopts revised Exhibit “F” – Travel Policy, Exhibit “G” - Salary Ranges; Exhibit “H” – Organizational Chart, and other minor modifications. These changes have been reviewed and approved by the TDC. The new Agreement is for the amount of $982,000, indirect costs in the amount of $288,441, and reserves in the amount of $627,106 totaling $1,897,547. (TDC) Countywide (MC)

2. Staff recommends motion to approve: Agreement with Discover Palm Beach County, Inc. d/b/a Palm Beach County Convention & Visitors Bureau (the “CVB”) for the provision of services under the County’s Tourist Development Plan during the period October 1, 2007, through September 30, 2012 in the amount of $8,609,000. SUMMARY: The Agreement provides for the CVB to provide tourism marketing services under the County’s Tourist Development Plan for a five (5) year period, from October 1, 2007, through September 30, 2012. The Agreement replaces the current contract (Contract R2006-1993) to update scope of work (including convention center long term sales and collaborative marketing of the convention center, governance and other contractual provisions). The new Agreement establishes: A) a new Exhibit “C” “Conflict of Interest Policy”; B) new audit and finance committees; C) term limits on auditing and legal services and re-bidding thereof; D) industry certification; E) updates for Fiscal Year 2008 Exhibit “A” – Annual Budget and (F) Exhibit “F” – Performance Measures; G) adopts revised Exhibit “B” – Moving Expense Policy; H) Exhibit “G” – Travel Policy; I) Exhibit “H” - Salary Policy; J) Exhibit “I” - Salary Structure; K) Exhibit “J” – Organizational Chart and other minor modifications. These changes have been reviewed and approved by the TDC. The new Agreement is for the amount of $8,609,000, reserves in the amount of $1,195,000, additional indirect cost in the amount of $512,200, grants in the amount of $150,000 and transfers in the amount of $653,800 totaling $11,120,000. (TDC) Countywide (MC)

SEPTEMBER 25, 2007

5. REGULAR AGENDA

J. TOURIST DEVELOPMENT COUNCIL (Cont’d)

3. Staff recommends motion to approve: Agreement with the Palm Beach County Film and Television Commission (the PBCFTC) for the provision of services under the County’s Tourist Development Plan during the period October 1, 2007, through September 30, 2012, in the amount of $604,000. SUMMARY: The Agreement provides for the PBCFTC to attract, promote, and market existing and new film production, production facilities and photography under the County’s Tourist development Plan for a five (5) year period from October 1, 2007, through September 30, 2012. The Agreement replaces the current contract (Contract R2006-1991) to update governance and other contractual provisions. The new Agreement establishes: A) a new audit and Finance committee; B) Exhibit “K” –“Conflict of Interest Policy”; C) term limits on auditing and legal services and re-bidding thereof; D) amend fidelity bond insurance; E) industry certification; F) updates fiscal year 2008 Exhibit “A” – Annual Budget and Exhibit “F” – Performance Measures; G) adopts revised Exhibit “D” Travel and Entertainment Policy, Exhibit “I” Salary Ranges, and Exhibit “J” Organizational Chart and other minor modifications. These changes have been reviewed and approved by the TDC. The new Agreement is for the amount of $604,000, additional indirect costs in the amount of $115,485, and reserves in the amount of $33,977 totaling $753,462. (TDC) Countywide (MC)

4. Staff recommends motion to approve: Agreement with Palm Beach County Sports Commission, Inc. (the “PBCSC”) for the provision of services under the County’s Tourist Development Plan during the period October 1, 2007, through September 30, 2012, in the amount of $870,800. SUMMARY: The Agreement provides for the PBCSC to provide tourism marketing services as it relates to sports under the County’s Tourist Development Plan for a five (5) year period from October 1, 2007, through September 30, 2012. The Agreement replaces the current contract (Contract R2006-1990) to update governance and other contractual provisions. The new Agreement establishes: A) a new Finance and Audit committee; B) Exhibit “J” –“Conflict of Interest Policy”; C) term limits on auditing and legal services and re-bidding thereof; D) makes certain changes of a technical nature to the body of the contract; E) amend fidelity bond insurance; F) deletes Exhibit “C” Student Intern Policy; G) updates for Fiscal Year 2008 Exhibit “A” – Annual Budget and Exhibit “F” – Performance Measurements; H) adopts revised Exhibit “B” - Moving Expenses, Exhibit “D” – Travel and Entertainment Policy, Exhibit “G” – Salary Policy, Exhibit “H” - Salary Structure, Exhibit “I” – Organizational Chart, and other minor modifications. These changes have been reviewed and approved by the TDC. The new Agreement is for the amount of $870,800, additional indirect costs in the amount of $259,748, reserves in the amount of $224,469 and grants in the amount of $250,000 totaling $1,605,017. (TDC) Countywide (MC)

SEPTEMBER 25, 2007

5. REGULAR AGENDA

J. TOURIST DEVELOPMENT COUNCIL (Cont’d)

5. Staff recommends motion to approve: an Agreement with Global Spectrum, L.P., which is an assumption of the Agreement between Global and Discover Palm Beach County, Inc., d/b/a the Palm Beach County Convention and Visitors Bureau (CVB), for the operation of the Palm Beach County Convention Center for a period beginning October 1, 2007 to September 30, 2008, with one (1) additional - two (2) year renewal option, in the amount of $169,674.72, plus 5% of the net food and beverage sales. SUMMARY: This Agreement provides for the County's assumption of the rights and obligations of the CVB under the CVB's existing agreement with Global Spectrum for the operation and management of the Convention Center. In addition, Global will assume responsibility for the management of the parking and audio-visual contract previously held by the CVB. Global will be paid a management fee of $169,674.72 for FY 2008 plus 5% of the net food and beverage sales (which was $34,611 in 2006). Countywide (MC)

6. Staff recommends motion to approve: an Agreement with Aramark Sports and Entertainment Services, LLC which is an assumption of the Agreement between Aramark and Discover Palm Beach County, Inc, d/b/a the Palm Beach County Convention and Visitors Bureau (CVB) for the provision of food and beverage services at the Palm Beach County Convention Center for the period of October 1, 2007 to September 30, 2008, in the amount of $100,000, plus 8% of annual net profits. SUMMARY: This Agreement provides for the County's assumption of the rights and obligations of the CVB under the CVB's existing agreement with Aramark for the provision of food and beverage services at the Convention Center. Aramark will be paid an annual management fee of $100,000 plus 8% of annual net profits (which totaled $60,803 in 2006). Countywide (MC)

K. CRIMINAL JUSTICE COMMISSION

1. Staff recommends motion to adopt: a Resolution establishing the Palm Beach County Criminal Justice Mental Health and Substance Abuse Planning Council, pursuant to House Bill 1477. SUMMARY: The Planning Council is required to apply for State funds through the Department of Children and Family Services. The purpose of the Council is to align policy initiatives of the criminal justice, juvenile justice and mental health systems to ensure the most effective use of resources and to coordinate the development of legislative proposals to address the mental health needs within our criminal justice system. Countywide (DW)

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SEPTEMBER 25, 2007

6. BOARD APPOINTMENTS

A. ADMINISTRATION

(Health Care District of Palm Beach County)

1. Staff recommends motion to approve: appointment of one (1) individual to the Health Care District of Palm Beach County (HCD), effective October 1, 2007 through September 30, 2011:

Nominee Seat No. Seat Requirement Nominated by:

Dr. Effie C. Grear 2 Individual residing in the Comm. Marcus

Glades Area Comm. Koons

Comm. McCarty

Comm. Santamaria

SUMMARY: Per Chapter 2003-326, Laws of Florida, the HCD is composed of seven (7) members. The appointing authority shall consider the diverse geographic areas of Palm Beach County in selecting individuals to serve on the HCD, and at least one (1) person, but not more than two (2) shall reside in the Glades Area. The Governor shall appoint three (3) members; the Board of County Commissioners shall appoint three (3) members, one (1) of which must be an elected official at the time of appointment; and one (1) member shall be the director of the Palm Beach County Health Department. Dr. Effie C. Grear has served on the HCD since December 2002 and has expressed an interest in serving another four (4) year term. Countywide (TKF)

SEPTEMBER 25, 2007

6. BOARD APPOINTMENTS

B. COMMUNITY SERVICES

(Community Action Council Administering Board)

1. Staff recommends motion to approve: appointment and/or reappointment of the following representatives to the Community Action Council Administering Board for a term of three (3) years, effective October 1, 2007:

Seat

ID No. Name Seat Requirement Nominated By

Commissioners

Reappoint:

1A Lynda Charles Public Rep Greene/Koons

2A Dr. Yvette Coursey Public Rep Greene/Koons/McCarty

3A Vincent P. Goodman Public Rep Greene/Koons/McCarty

4A Von Sheila Hatcher Public Rep Greene/Koons

6A Jerry Kelly Public Rep Greene/Koons

7A Autrie Moore-Williams Public Rep Greene/Koons

9 Laura Tingo Business, Social Services Greene/Koons

11 Easie La Rose Business, Social Services Greene/Koons

12 Anax Pompillus Business, Social Services Greene/Koons

15 Yvette Jakes Rep. of Poor Greene/Koons

16 Asleen Stepherson Rep. of Poor Greene/Koons

21 Loretha Daniels Rep. of Poor Greene/Koons

Appoint:

22 Angelia Fowler Rep. of Poor Greene/Koons

23 Robert Walker Rep. of Poor Greene/Koons

SUMMARY: Ordinance No. 2004-042, establishes the Community Action Council Administering Board (CACAB). The CACAB is comprised of not less than 15, and not more than 23 members. One third of the members are elected public officials, holding term on the date of selection, or their representatives. The remaining are members of business, industry, labor religion, law enforcement, education or other major groups in the community served. On January 25, 2007, and August 6, 2007, written notice was sent to each Commissioner to request nominations. The nominees above meet all applicable guidelines and requirements outlined in the Community Services Block Grant Contract establishing ordinance. The CACAB has reviewed and approved the nominees listed above. (Community Action Program) Countywide (TKF)

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