ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
NOVEMBER 6, 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 (Page 6-37)
4. SPECIAL
PRESENTATIONS - 9:30 A.M.
(Page 38)
5. REGULAR
AGENDA (Page 39-42)
6. BOARD
APPOINTMENTS (Page 43)
7. MATTERS
BY THE PUBLIC - 2:00 P.M. (Page 44)
8. STAFF
COMMENTS (Page 45)
9. COMMISSIONER
COMMENTS (Page 46)
10. ADJOURNMENT (Page 46)
* * * * * * * * * * *
NOVEMBER 6, 2007
TABLE OF CONTENTS
CONSENT AGENDA
A. ADMINISTRATION
Page 6
3A-1 Resolution
from Town of Jupiter regarding home rule and Resolution from Lee County Board
of County Commissioners regarding funding for Herbert Hoover Dike
3A-2 Amendment
No. 5 with U.S. Strategies Corp. for Federal lobbying
3A-3 Agreement with the Lester Family
Investments, L.P. regarding professional services related to the Briger
Property
Page 7
3A-4 Agreement
w/Florida Atlantic University regarding the Strategic Economic Development Plan
3A-5 Agreement with the World Trade Center
Association Palm Beach, Inc. regarding promoting Palm Beach County
internationally, etc.
3A-6 Grant
Agreement with Riviera Beach Maritime Academy for the Marine Tech Prep Program
Page 8
3A-7 Grant Agreement with The Palm Beach
International Film Festival for the 2008 Palm Beach International Film Festival
3A-8 Conference travel and reimbursement expenses
for Vincent Goodman
Page 9
3A-9 Handicapped Accessibility and Awareness
Program grants to six (6) non-profit agencies
Page 10
3A-10 Neighborhood Partnership Grant Agreements to
five (5) organizations
3A-11 Budget
Transfer/Amendment for Dillman
Heights speed humps project
B. CLERK & COMPTROLLER
Page 11
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Change
orders, work task orders, minor contracts, final payments and other items
C. ENGINEERING & PUBLIC WORKS
Page 11
3C-1 Annual
pavement marking contract with Ameriseal Northeast Florida, Inc.
3C-2 Annual roadway landscaping contract with
Superior Landscaping & Lawn Service, Inc. and Vila & Son Landscaping
Corp.
Page 12
3C-3 Resolution transferring jurisdictional
control of Barwick Road
3C-4 Budget Transfer/Amendment regarding street
lighting maintenance on Hagen Ranch Road
3C-5 Change Order No. 10 with Bergeron Land
Development regarding Lawrence Road
3C-6 Agreement with Horseshoe Acres Club, Inc.
regarding beautification along Northlake Blvd.
Page 13
3C-7 Subordination of Utility Interest from FPL in
a parcel of land located on Jog Road
3C-8 JPA with FDOT for SR 704 and Tamarind Ave.
intersection improvements
3C-9 Establishing an impact fee credits related to
the Milan at Town Center development
3C-10 Warranty Deed and Subordination of Utility
Interests regarding Northlake Blvd.
Page 14
3C-11 FY 2007-2008 Pathway Program
3C-12 Interlocal Agreement with Town of Loxahatchee
Groves providing for permit review
3C-13 Interlocal Agreement with Loxahatchee Groves
Water Control District to pave South “F” Rd.
D. COUNTY ATTORNEY
Page 15
3D-1 Quit-Claim
Deed to United Pentecostal Church of West Palm Beach, Inc. regarding Palm Beach
Farms Plat No. 3
3D-2 Settlement
in eminent domain case PBC v. Maria Mink (Southern Native Nursery)
3D-3 Settlement
in eminent domain case PBC v. Maria Mink
(Christian Life Center)
E. COMMUNITY SERVICES
Page 16-18
3E-1 Financially
Assisted Agency Program contracts with 46 non-profit agencies
NOVEMBER 6, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
F. AIRPORTS
Page 19
3F-1 Second
Amendment to Airline-Airport Use and Lease Agreement with Delta Air Lines, Inc.
3F-2 Resolution
approving new Airline Operating and Lease Agreement form
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 19
3G-1 Resolution
regarding reimbursement of certain costs and expenditures relating to law
enforcement information technology equipment and software
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 19
3H-1 Lease
Agreement with Village of Royal Palm Beach for PBSO substation
Page 20
3H-2 Work
Order No. 07-038A with Kerney & Associates, Inc. for HVAC repairs at PBIA
3H-3 Amendment No. 2 with Suffolk Construction
Company, Inc. regarding Airport Center renovations
3H-4 Amendment No. 1 with Moss & Associates,
LLC regarding demucking/earthwork at West County Detention facility
Page 21
3H-5 Transfer
of assets to PBSO and Department of Airports
3H-6 Utility
Easement Agreement in favor of FPL for electrical service to Dick Moroso
Waterway Park
3H-7 Signage,
Landscape and Maintenance Easement Agreement with School Board regarding
entrance sign at Park Vista High School
I. HOUSING & COMMUNITY DEVELOPMENT
Page 22-23
3I-1 Community
Development Block Grant Program agreements with 19 non-profits agencies and one
(1) municipality
Page 24-25
3I-2 Emergency
Shelter Grants Program agreements with 14 non-profit agencies
Page 25
3I-3 Reimbursement
to the Village of Royal Palm Beach regarding Bobbie Joe Lauder Park
3I-4 Reimbursement
to the City of Lake Worth regarding Wingfield St. and Washington Ave.
Page 26
3I-5 Agreement
with the City of Riviera Beach for West 33rd Street improvements
3I-6 Fourth
Amendment to Hurricane Housing Recovery Plan
3I-7 Amendment
No. 1 with We Help Community Development Corp. regarding Abidjan Estates
Page 27
3I-8 Repayment
to the Robert E. Pinchuck Memorial Housing Trust Fund
3I-9 Agreement
with the Town of Jupiter for soccer field and walking trail construction
3I-10 Amendment No. 3 with New Urban Development Corp. to expend loan
closing date
3I-11 Amendment No. 1 with Town of Jupiter modify
project scope relative to North Hepburn and North Orange Avenues
Page 28
3I-12 Agreement
with Community Land Trust of Palm Beach County for administration and operation
costs
3I-13 Amendment
No. 2 w/Lake Worth Community Development Corp. to extend loan closing date
J. PLANNING, ZONING & BUILDING - None
K. WATER UTILITIES
Page 29
3K-1 Receive
and file six (6) standard development agreement or renewal agreements
3K-2 Change
Order No. 4 with Lanzo Construction, Inc. for Northern Region Utility Pipeline
project
Page 30
3K-3 Contract
with Southeast Drilling Services, Inc. for Wellfield Rehabilitation Program
3K-4 Work Authorization No. 8 with Foster-Marine
Contractors, Inc. for Ferndale Capital water main extension project
NOVEMBER 6, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
K. WATER UTILITIES (Cont’d)
Page 31
3K-5 Interlocal
Agreements with City of Belle Glade and Health Care District related to potable
water pipeline construction
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 31
3L-1 Change
Order No. 1 with J.F. Brennan Co., Inc. for Sediment Management project
M. PARKS & RECREATION
Page 31
3M-1 Agreement
with Community Back to School Bash, Inc. for back to school event
Page 32
3M-2 Staging
Area Agreement with FPL to utilize a portion of John Prince Park
3M-3 Interlocal
Agreement with School Board for services at the therapeutic recreation center
3M-4 First
Amendment with City of Pahokee for the 2007 Muck City Champions celebration
Page 33
3M-5 Receive
and file 11 independent contractor agreements
Page 34
3M-6 Agreement
with Loxahatchee Historical Society, Inc. regarding historic Tindall Homestead
3M-7 Budget
Amendments relating to Southwinds Golf Course Clubhouse
Page 35
3M-8 Florida
Communities Trust Grant for the acquisition of the Susan DuBois Kindt Estate
N. LIBRARY
Page 35
3N-1 Grant
Agreement with the Division of Library & Information Services for the Hagen
Ranch Road Branch Library
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION - None
R. HUMAN RESOURCES - None
S. FIRE RESCUE
Page 35
3S-1 Second
Amendment for labor negotiation services with Ogletree, Deakins, Mash, Smoak
& Stewart, P.C.
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 36
3U-1 Amendment
No. 7 with Metatomix, Inc. regarding VPT/LEX project
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY - None
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
NOVEMBER 6, 2007
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
AA. PALM TRAN
Page 36
3AA-1 Deleted
3AA-2 Agreement with FL Dept. of Highway Safety and
Motor Vehicles regarding driver license examinations
Page 37
3AA-3 Budget Transfer/Amendment to reclassify Federal
Transit Administration funding
BB. SHERIFF
Page 37
3BB-1 Dept.
of Justice Office of Justice Programs Edward Bryne Memorial Discretionary Grant
award
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 38
4A Business Development Board’s National
Accreditation with IEDC
4B National Hospice and Palliative Care
Month – 30th Anniversary
4C Alzheimer’s Awareness Month
4D National Adoption Month
4E Joey Bergsma Retinoblastoma Awareness
Month
REGULAR AGENDA
ADMINISTRATION
Page 39
5A-1 Everglades
Agriculture Area (EAA) Mining Impacts
AIRPORTS
Page 39
5B-1 Retail
Concession Agreement with Paradies-Palm Beach, LLC at PBIA
FIRE RESCUE
Page 40
5C-1 Ordinance
pertaining to Fire Rescue MSTU (Glades Regional Fire MSTU)
5C-2 Ordinance
pertaining to Fire Rescue MSTU (Town of Lantana)
HOUSING
& COMMUNITY DEVELOPMENT
Page 41
5D-1 Policies
for the Residential Rehabilitation Program and the Emergency Rehabilitation
Program
OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
Page 41
5E-1 Resolution
authorizing sale of Public Improvement Revenue Refunding Bonds (Biomedical
Research Park Project)
PLANNING,
ZONING & BUILDING
Page 42
5F-1 Code
Enforcement Citation Ordinance
BOARD APPOINTMENTS (Page 43)
MATTERS BY THE PUBLIC – 2:00 P.M. (Page 44)
STAFF
COMMENTS (Page 45)
COMMISSIONER
COMMENTS (Page 46)
ADJOURNMENT (Page 46)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends motion to receive and file:
A) Resolution No. 84-07 adopted by the Town Council of the Town of Jupiter supporting and endorsing the principals of home rule and adopting policies set forth in the Resolution to support the premise that the Town should have the authority to govern within its jurisdiction; and
B) Resolution No. 07-10-26 adopted by the Lee County Board of County Commissioners in support of Congressional appropriations for the funding of the repairs and rehabilitation of the Herbert Hoover Dike.
2. Staff recommends motion to approve: Amendment No. 5 to Contract with U.S.
Strategies Corp. (R2002-1806), for Federal lobbying on behalf of Palm Beach County
for the period of November 1, 2007, through October 31, 2008, in the amount of
$129,009. SUMMARY: On October 22,
2002, the Board approved a one (1) year consulting/professional services
contract with U.S. Strategies Corp. for the period of November 1, 2002, through
October 31, 2003 in the amount of $110,250.
The previous amendments (4) provided for an additional one (1) year
period and increased the annual contract by 5%.
Amendment No. 5 extends the contract for another one (1) year period
(November 1, 2007, through October 31, 2008) for a total annual contract amount
of $129,009, which is a $5,000 reduction from the current annual contract. Countywide (DSW)
3. Staff
recommends motion to approve: an
Agreement with the Lester Family Investments L.P., Richard Thall, Robert Thall,
Peter L. Briger, Paul H. Briger and the David Minkin Florida Realty Trust to
jointly fund professional services related to a joint application for a
Development of Regional Impact, Future Land Use Amendment, Concurrency
approval, Planned Community Development and a Conceptual Environmental Resource
Permit for the 683 acre Briger Site, including 70 acres for Scripps 1.6 million
sq. ft., and 100 acres for 2.4 million sq. ft. of bioscience use, in the amount
of $716,662. SUMMARY: On February 28, 2006, the Board of County
Commissioners approved an Agreement (R2006-0423) for the donation and purchase
and sale with the Lester Family Investments L.P. for 70 acres of Property known
as the Briger Parcel. On May 16, 2006,
the Board of County Commissioners approved an Amendment (R2006-0903) to the
Agreement for Donation and Purchase and Sale. That Amendment required the
seller, Lester Family Investments L.P., and Palm Beach County to file a joint
application for development approvals and conceptual environmental resource
permit. On November 21, 2006, the Board of County Commissioners entered into an
Agreement (R2006-2549) for Purchase and Sale with Sorel L. Bergman and Harriet
E. Zelenka, Co-Trustees, for oil and mineral rights on the 70 acre Briger
parcel. On February 28, 2006 (R2006-0922), the Board of County Commissioners
approved an Interlocal Agreement with the City of Palm Beach Gardens for the
reimbursement of a portion of the land acquisition and due diligence costs for
Scripps 70 acres within the Briger Property in the amount of $3,000,000. The County has received the $3,000,000 from
Palm Beach Gardens. Funding for this
Agreement will utilize a portion of the City of Palm Beach Gardens donation. These
funds may be utilized for infrastructure improvements, concurrency reservation
and/or land purchase costs. Countywide/District
1 (RB)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
4. Staff recommends motion to approve: an Agreement with the Florida Atlantic University Board of Trustees (FAU) in the amount of $84,243 to assist with the implementation of the Strategic Economic Development Plan. SUMMARY: On March 13, 2007, the Board of County Commissioners approved the Strategic Economic Development Plan. This Plan includes 67 action items envisioned to create $1 billion in new revenue over a 20-year period in Palm Beach County. This Agreement will provide assistance to the Economic Development Office for the tracking, benchmarking, and seeking of grant funding to implement the projects included in the Strategic Plan. FAU will work closely with lead and supportive agencies to assist in the implementation of the recommendations of the Strategic Plan, make presentations to the Overall Economic Development Program Committee, identify funding opportunities, and assist in the preparation of funding applications and quarterly reports. The term of this Agreement is retroactive from October 1, 2007, through September 30, 2008, with two (2) – one (1) year options for renewal at the sole discretion of the County. Countywide (DW)
5. Staff recommends
motion to approve: an Agreement
with the World Trade Center Association Palm Beach, Inc. (WTCPB), in the amount
of $99,000. SUMMARY: This Agreement with the WTCPB will provide
funding to assist the Economic Development Office in promoting Palm Beach
County internationally, assisting local businesses to grow internationally, and
motivate foreign-based companies to expand into/invest in Palm Beach
County. The scope of services outlined
in the Agreement includes: market the Palm Beach Community College
export-import courses to businesses in the County; provide
eight (8) seminars on international trade at the local chambers of commerce; set
up and offer an on-line Export Management Certification Program; create a Palm Beach County export resource webpage; create
an on-line trade lead webpage for all businesses to access; provide one-on-one
business assistance to companies that want to build up their export/import
capacity; conduct four (4) familiarization tours or orientation programs for
foreign banks and non-US-based bioscience companies; create an International
Investment Council for the purpose of attracting foreign investment; present
the Real Estate Steering Committee recommendations to the Overall Economic
Development Program Committee; conduct one (1) trade mission to assist local
businesses in reaching global markets; market international events and business
activities; and assist in broadcasting international activities in conjunction
with Channel 20; and update the exporter-importer database and report the
decline/growth of exports by industry. The
term of this Agreement is retroactive from October 1, 2007, through September
30, 2008. Countywide (DW)
6. Staff recommends
motion to approve: a
Grant Agreement with the Riviera Beach Maritime Academy in the amount of
$80,000. SUMMARY: The Palm Beach County’s Marine Tech Prep
Program is in its 10th year of operations. In FY 2007, the Riviera Beach Maritime Academy
(RBMA) completed and exceeded all of its deliverables (Agreement R2006-2563). This Grant Agreement with RBMA, a public
charter school, will provide assistance for the development of the Marine
Academy Program. The scope of services outlined in the Agreement includes: increase enrollment by 10% in the 2008-2009
school year (RBMA will recruit 93 new students; the students will receive the
training needed to enter the marine industry workforce immediately after
graduation); organize eight (8) educational field trips, organize four (4) classroom
projects (two for students’ competition, one for the development of alternative
energy within the school, and one for the development of an eco-friendly pond
and butterfly garden); and increase counseling services to students (to
increasing the retention rate, job shadowing opportunities with local marine
businesses and assistance for graduate students to enroll in higher education
schools). The term of this Agreement is
retroactive from October 1, 2007, through September 30, 2008. Countywide (DW)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
7. Staff recommends
motion to approve: a Grant
Agreement with The Palm Beach International Film Festival, Inc. (PBIFF) in the
amount of $135,000 to provide funding to assist operating and conducting the
2008 Palm Beach International Film Festival. SUMMARY: In FY 2007, the PBIFF completed and exceeded
all of its deliverables. The scope of services outlined for this Grant Agreement
falls within four (4) categories: A) Operations:
recruit and review the submittal of 250 American and international films for
the PBIFF, with the goal of 10% to be international; obtain the participation
and commitment from 50 talent-industry professionals with the objective of
raising awareness of the Festival and providing feedback for future expansion
strategies; and provide operational support services for all aspects of the
Festival; B) Revenue Generation: match 100% of County grant with private funds;
implement the 2008 Business & Marketing Plan; and develop
fundraising/awareness events in 2007-2008; C) Education: provide scholarships
to the winners of the Student Showcase of Films and develop student liaisons
between the PBIFF and the Palm Beach County school system to encourage
participation in the festival; D) Economic
Development: offer a seminar on film industry issues; meet with the business
community through the Business Development Board and chambers of commerce to
encourage local production companies to participate in the Festival activities;
and assist Tourist Development Council and Economic Development Office in the
update of the economic impact of the Festival in the County. The reported 2007 economic impact on tourism
from out of County visitors was $4,069,338. The term of this Agreement is retroactive from
October 1, 2007, through September 30, 2008. The International Film Festival is scheduled from
April 10-17, 2007. Countywide
(DW)
8. Staff recommends
motion to approve: travel and to reimburse expenses incurred by
Vincent Goodman, member of the Fair Housing/Equal Employment Board, in the
total amount of $1,251.30 during his attendance at the NAHRW/IAOHRA Conference;
and to authorize direct payment to the vendor for registration fees in the
amount of $395. SUMMARY: Vincent Goodman is
a member of the Fair Housing/Equal Employment Board who attended the annual
conference of the National Association of Human Rights Workers (NAHRW) and the
International Association of Official Human Rights Agencies (IAOHRA) in
Atlanta, Georgia during the period September 16-21, 2007. Total expenses for this trip were $1,646.30
($1,251.30 actual travel expenses and $395 registration fee). Countywide (TKF)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION (Cont’d)
9. Staff recommends
motion to approve: grants in a total amount not-to-exceed $27,779
for the Handicapped Accessibility and Awareness Program with the following
non-profit agencies, in the amounts and for the services indicated, for the
period November 6, 2007, through September 30, 2008:
A) Coalition for Independent Living Options
allowing it to purchase a telecommunication system in an amount not-to-exceed
$5,000;
B) The
Arc of Palm Beach County to cover a portion of the costs for the installation
of a ramp with handrails in an amount not-to-exceed $5,000;
C) Palm Beach Habilitation Center, Inc. to
cover a portion of the costs for the installation of an automatic door, safety
handrails and a sidewalk in an amount not-to-exceed $5,000;
D) Deaf Service Center of Palm Beach County to
cover the cost of printing and disseminating
information to the hearing impaired in an amount not-to-exceed $5,000;
E) YMCA
of the Palm Beaches to cover the cost of replacing pool stairs in an amount not-to-exceed
$2,779; and
F) Seagull
Industries for the Disabled, Inc. to cover the cost of replacing a commercial riding
lawn mower in an amount not-to-exceed $5,000;
SUMMARY: The funds for these grants are derived from fees collected from parking
violations in designated parking spaces. County Ordinance 92-29 provides that revenue
from these fines shall be used to improve accessibility and equal opportunity
to qualified physically disabled persons in the County and to provide funds to
conduct public awareness programs concerning physically disabled persons. Countywide (TKF)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION (Cont’d)
10. Staff recommends
motion to approve: Neighborhood
Partnership Grant (NPG) funding agreements for Fiscal Year 2007-2008:
A) an Agreement with
Belle Glade Housing Authority in an amount not-to-exceed $19,700 to purchase
supplies and equipment for an after school program for community youth to enhance
life skills, personal development and family values (District 6);
B) an Agreement with
Homes At Lawrence Homeowners Association, Inc. in an amount not-to-exceed
$17,400 to purchase and install a steel shelter at the Homes at Lawrence Community
Park (District 3);
C) an Agreement with
Lantana Homes Homeowners Association, Inc. in an amount not-to-exceed $20,000
to install landscaping and irrigation in Aurora Court Park (District 3);
D) an Agreement with
Paint Your Heart Out Palm Beach County, Inc. in an amount not-to-exceed $10,000
to purchase supplies for exterior painting and pressure cleaning equipment for
houses within CCRT neighborhoods (Countywide); and
E) an Agreement with
City of Belle Glade in an amount not-to-exceed $20,000 to install fencing,
landscaping and playground equipment in two (2) tot lots in Belle Glade
(District 6).
SUMMARY: The following projects were reviewed by the
Neighborhood Partnership Grant Program Review Committee (NPG RC) on September
26, 2007, and are being recommended for funding. Funding was established in the FY 2007 budget
for the purpose of funding neighborhood projects. Countywide (AH)
11. Staff recommends
motion to approve:
A) expenditure in the amount of $16,000 from the Capital Outlay Fund to
increase funding for Dillman Heights Speed Humps Project;
B) Budget Transfer of $16,000 in the Capital
Outlay Fund from CCRT Recoup Funding to the Dillman Heights Speed Humps
Project; and
C) Budget Amendment of $16,000 in the
Transportation Improvement Fund to recognize and appropriate the transfer of
$16,000 from the Capital Outlay Fund.
SUMMARY: The Board
of County Commissioners (BCC) originally approved the Dillman Heights Speed
Humps project on August 21, 2007. The
additional $16,000 is needed to install four (4) additional speed humps in the
neighborhood. District 2 (AH)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
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 June
5, 2007
Zoning June
28, 2007
Zoning
July
26, 2007
Regular August
21, 2007
Environmental
Control August 21,
2007
Regular September
11, 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 August 2007. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: a Contract
not-to-exceed the total value of $1,600,000 for task orders which may be issued
for the Annual Pavement Marking Contract with Ameriseal Northeast Florida,
Inc., the lowest responsive, responsible bidder. SUMMARY:
The Annual Pavement Marking Contract includes furnishing and
installing pavement marking material, raised reflectorized pavement markers and
traffic paint on Palm Beach County (County) roadways. The Office of Small Business Assistance (SBA)
goals are set at 15% overall. The sole
bidder, Ameriseal Northeast Florida, Inc., did not achieve any Small Business
Enterprise (SBE) participation. Due to
the non-existence of any SBE company which could furnish thermoplastic
material, as verified by SBA, the requirement for SBE participation is hereby
deleted from this Contract. Countywide (MRE)
2. Staff recommends
motion to approve: Contracts not-to-exceed
the total value of $4,453,000 for task orders which may be issued for the
Annual Roadway Landscaping Contract with the Primary Contractor, Superior
Landscaping & Lawn Service, Inc., the lowest responsive, responsible bidder;
and the Secondary Contractor, Vila & Son Landscaping Corporation, the
second lowest responsive, responsible bidder.
SUMMARY: The Annual Roadway Landscaping Contracts include
furnishing, installing and maintaining trees and sod, and furnishing and
installing irrigation systems and wells within the rights of way of various
roadways in Palm Beach County. The
Office of Small Business Assistance goals are set at 15% overall. Superior Landscaping & Lawn Service, Inc.
achieved 5.39% Small Business Enterprise (SBE) overall participation. Vila
& Son Landscaping Corporation achieved 5.31% overall participation. The third low bidder, Arazoza Brothers
Corporation, failed to achieve any SBE participation and their bid fell outside
the range for ranking of responsive bidders. Countywide (MRE)
NOVEMBER 6, 2007
3. CONSENT AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff recommends
motion to adopt: a Resolution
transferring jurisdictional control, maintenance responsibilities, and
ownership of Barwick Road from West Atlantic Avenue to the Lake Worth Drainage
District (LWDD) Canal L-30, to the City of Delray Beach. SUMMARY: This action will adopt a Resolution giving
the City of Delray Beach control over, responsibility for, and ownership of
that portion of Barwick Road, lying wholly within the City limits. District 4 (MRE)
4. Staff recommends
motion to approve:
A) a Budget Transfer of $44,000 in the Transportation Improvement Fund from
Reserve for District 5 to Street Lighting Maintenance Fund; and
B) a Budget Amendment of $44,000 in the Street Lighting Maintenance Fund to
recognize the Transfer from District 5 and appropriate it to Reserves for
Street Lighting Maintenance.
SUMMARY: The
District 5 Commissioner has authorized funding to transfer billing of eleven
(11) existing Florida Power and Light (FPL) maintained streetlights from Palm
Isles West to Palm Beach County (County).
All eleven (11) lights are located on Hagen Ranch Road, a public
roadway, in front of the Palm Isles West community, located just north of
Boynton Beach Boulevard. The Budget
Transfer of $44,000 will fund the operation and maintenance of the eleven (11)
streetlights for a 20-year period. The
Budget Amendment will appropriate the funding to a reserve account from which
maintenance costs will be transferred annually to the Street Lighting
Maintenance Fund for 20 years. District
5 (MRE)
5. Staff recommends
motion to approve: Change Order
No. 10 in the amount of $18,166.90, together with an 88-day time extension, to
Contract No. R2005-1438 with Bergeron Land Development, Inc. for construction
of Lawrence Road from Boynton Beach Boulevard to Gateway Boulevard (Project). SUMMARY:
Change Order No. 10 is compensation for
additional costs and delays encountered due to the inability of the existing
structure, at Lake Worth Drainage District (LWDD) L-22 Canal, to support
maintenance of traffic. District 3
(MRE)
6. Staff recommends
motion to approve:
A) a Financial Assistance Agreement with Horseshoe Acres Club, Inc. (Club),
to provide reimbursement funding not-to-exceed $150,435; and
B) a Budget Transfer of $150,435 in the
Transportation Improvement Fund from Reserve for District 1 to Northlake
Boulevard for beautification in and along the County’s right-of-way for
Northlake Boulevard (Project).
SUMMARY: This Agreement provides funding to reimburse
the Club a maximum $150,435 of the cost to install beautification improvements
in and along the County’s right-of-way for Northlake Boulevard, adjacent to the
Club’s property (within 25 feet of and visible from the right-of-way). The Club will be responsible for the
perpetual maintenance of these improvements.
District 1 (MRE)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
7. Staff recommends
motion to approve: a Subordination
of Utility Interests from Florida Power and Light Company (FPL) releasing their
interests to Palm Beach County (County) in a parcel of land located on the west
side of Jog Road at the Omni Middle School north of Yamato Road. SUMMARY: This action will approve a Subordination of
Utility Interests which releases the interests of FPL in a parcel of land
required for a right turn lane on Jog Road at the Omni Middle School. This Subordination of Utility Interests
requires the County to pay for any future relocation costs of the utility
facilities when and if requested by the County.
District 4 (PFK)
8. Staff recommends
motion to:
A) adopt a Resolution
approving a Joint Participation Agreement (JPA) with the Florida Department of
Transportation (FDOT) for intersection improvements at S.R. 704 (Okeechobee
Boulevard) and Tamarind Avenue, specifically signal design modifications; and
B) approve a Budget
Amendment of $60,000 in the Transportation Improvement Fund to recognize
reimbursement funding from the JPA with
FDOT and appropriate it to Okeechobee Boulevard and Tamarind Avenue
Intersection Improvements (Signal Design).
SUMMARY: The FDOT and the County have partnered
together to design and construct signal improvements on Okeechobee Boulevard at
the intersection of Tamarind Avenue.
This improvement is necessary as a result of the proposed intersection
reconstruction. District 7 (MRE)
9. Staff recommends
motion to approve: establishing
an Impact Fee Credit for improvements at the intersection of Military Trail and
Town Center Road for the Milan at Town Center (Milan) development. SUMMARY: The City of Boca Raton is requiring Milan to
make improvements to the intersection of Military Trail and Town Center Road. The improvements are a southbound right turn
lane and extension of the northbound left turn lane. These improvements are not required to meet
Traffic Performance Standards (TPS).
Impact fee credits for roadway improvements that are not required by TPS
require Board of County Commissioners’ approval. District 4 (LB)
10. Staff
recommends motion to:
A) accept a Warranty Deed for right-of-way for a right turn lane on the south side
of Northlake Boulevard; and
B) approve a Subordination of Utility Interests to Palm Beach County, Florida by Seacoast
Utility Authority.
SUMMARY: This
action will provide for the acceptance of a Warranty Deed from SC Lake Park
Associates, LLLP (SCLP) and approval of a Subordination of Utility Interests
required for the issuance of a right-of-way permit from Palm Beach County to
allow Chick-Fil-A, a lessee, to construct an eastbound right turn lane from
Northlake Boulevard to a driveway access for its business. District 1 (PFK)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
11. Staff recommends
motion to approve: the Fiscal
Year 2007/2008 Pathway Program. SUMMARY: A list of the proposed projects
in the Annual Pathway Program for the Fiscal Year 2007/2008 has been compiled
in response to requests from the Palm Beach County School Board, Palm Beach
County Sheriff’s Office, members of the Board of County Commissioners, and
residents of Palm Beach County. The proposed
projects include eight (8) new construction projects and twelve (12) major
maintenance projects. The total program
cost is $1,300,000 and is divided into the following categories:
Major Maintenance $449,000
School Related $405,000
Non-School Related $282,000
ADA and Minor Maintenance $30,000
Cost and Feasibility Studies $40,000
Fast Track Schools $94,000
Total
$1,300,000
Countywide (MRE)
12. Staff recommends a
motion to approve: an Interlocal
Agreement with the Town of Loxahatchee Groves providing permit review for
applications within the municipal limits of the Town of Loxahatchee Groves,
Florida, by Palm Beach County Department of Engineering and Public Works, Land
Development Division. SUMMARY: The Town of Loxahatchee Groves has requested
that Palm Beach County Department of Engineering and Public Works, Land
Development Division provide various permitting services 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 until September 30, 2008 and shall be automatically renewed
thereafter each 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 (RPB)
13. Staff recommends
motion to approve:
A) a Budget Transfer of $179,000 in the
Transportation Improvement Fund from Reserve for District 6 to Loxahatchee
Groves Water Control District – Open Grade Emulsion to pave South “F” Road –
District 6; and
B) an Interlocal Agreement with the Loxahatchee
Groves Water Control District in the amount of $179,000 to pave South “F” Road.
SUMMARY: Approval of the Budget Transfer and the Interlocal Agreement will
provide reimbursement funds to the Loxahatchee Groves Water Control District –
Open Grade Emulsion to pave South “F” Road.
District 6 (MRE)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: execution of a Quit-Claim Deed to United
Pentecostal Church of West Palm Beach, Inc., 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 394 South S.R. 7, Wellington, Florida. District 6 (PFK)
2. Staff
recommends motion to approve: a Settlement
in the amount of $293,527, including attorney’s fees, but excluding costs, in
the eminent domain action styled Palm Beach County v. Maria Mink, et al.,
Case No. 502006CA010149XXXXMB, for the taking of parcels 106 and 306, owned by
Michael W. Catron, Linda Catron and occupied by a business tenant, Southern
Native Nursery, Inc. SUMMARY: The
County has negotiated a settlement in the amount of $250,000, excluding
attorney’s fees and costs, subject to the approval of the Board of County
Commissioners, for parcels 106 and 306, which includes compensation for the
land taken, the improvements, and all other damages of any type, including
business damages. The County previously
deposited $18,100 as its initial good faith deposit and estimate of value for the
land taken and the improvements thereon.
The property owners and business tenant were seeking total damages in
the amount of $493,818. The proposed
settlement is $250,000 for the land taken, the improvements, and all other
damages, including business damages, plus attorney’s fees in the amount of
$43,527, calculated mathematically pursuant to Florida law. The total settlement including attorney’s
fees, but excluding costs, is $293,527.
If this settlement is approved, it would require the County to pay an
additional $275,427 to fully fund the settlement, excluding costs. District 6 (PM)
3. Staff recommends
motion to approve: a Settlement in the amount of $55,817,
including attorney’s fees and costs, in the eminent domain action styled Palm
Beach County v. Maria Mink, et al., Case No. 502006CA010149XXXXMB, for the
taking of parcels 102 and 302, owned by Christian Life Center of the Palm
Beaches, Inc. Summary: The County has negotiated a settlement in the
amount of $46,450, excluding attorney’s fees and costs, subject to the approval
of the Board of County Commissioners, for parcels 102 and 302, which includes
compensation for the land taken and improvements thereon. The County previously deposited $26,400 as
its initial good faith deposit and estimate of value for the land taken and
improvements. The proposed settlement is
$46,450 for the land taken and the improvements, excluding attorney’s fees in
the amount of $6,616 and costs in the amount of $2,750. The total settlement including attorney’s
fees and costs is $55,817. If this
settlement is approved, it would require the County to pay an additional
$29,417 to fully fund the settlement, inclusive of attorney’s fees and costs. District 6 (PM)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: forty-six (46) contracts with financially
assisted agencies totaling $13,294,473,
for the indicated activities, for the period October 1, 2007, through
September 30, 2008:
A) Adopt‑A‑Family
of the Palm Beaches, Inc. ‑ $326,750 for homeless prevention services,
transitional housing & support, and self‑sufficiency services;
B) Aid
to Victims of Domestic Abuse, Inc. - $169,950 for emergency shelter services
for women and children who are victims of domestic abuse;
C) Alzheimer’s
Community Care, Inc. ‑ $584,939 for disaster preparation, family
counseling and specialized adult day care programs for clients and families
affected by Alzheimer’s Disease;
D) Area
Agency on Aging of Palm Beach/Treasure Coast, Inc. ‑ $66,442 for the Retired and Senior
Volunteer Program (RSVP) and emergency assistance/disaster preparedness;
E) Big
Brothers/Big Sisters, Inc. ‑ $117,832 for Parenting Partners, mentoring
to young parents by qualified adult volunteers;
F) Boys
& Girls Club of Palm Beach County - $144,907 for year-round services that
offer a variety of activities in six (6) core areas which include: health and life skills; education and career
development; the arts; technology; sports, fitness and recreation; and
character and leadership development;
G) Building
Blocks/NOAH Inc. - $255,033 for early childhood education and parenting classes;
H) Center
for Family Services of Palm Beach County, Inc. - $398,665 for safe kids
program, individual and family counseling and emergency assistance program;
I) Center
for Group Counseling/Elizabeth H. Faulk Foundation, Inc. ‑ $108,864 for
Schools Preventive Counseling and prevention and support group for caregivers;
J) Children’s
Home Society of Florida, Inc. - $183,701 for project Safe Place, Nelle Smith
Residence for Girls, and transitional housing;
K) Coalition
for Independent Living Options, Inc. ‑ $274,236 for independent living
skills training, advocacy, information and referral, peer support services to individuals with
disabilities, and after‑school services to disabled adolescents;
L) Communities
in Schools of Palm Beach County Inc. ‑ $115,133 for comprehensive social,
educational and career‑related support for at-risk;
M) Comprehensive
AIDS Program of Palm Beach County, Inc. - $193,722 for HIV antibody counseling
and testing;
N) Comprehensive
Alcoholism Rehabilitation Programs, Inc. - $1,264,290 for residential
adolescent, residential adult, outpatient treatment and adult detoxification;
O) Deaf
Service Center of Palm Beach County, Inc. ‑ $264,710 for client
assistance and communication, resources and education;
P) Drug
Abuse Foundation of Palm Beach County, Inc. ‑ $844,540 for assessment,
outpatient substance abuse, Level 1 residential treatment, detox and case
management;
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (Cont’d)
1. Motion/Title
– Continued
Q) Drug
Abuse Treatment Association, Inc. ‑ $289,298 for residential treatment
(Walter D. Kelly Treatment Center) and adolescent outpatient treatment services;
R) Epilepsy
Foundation of South Florida ‑ $50,262 for the seizure control clinic;
S) Families
First of Palm Beach County - $52,010 for The Family Self-Sufficiency Program
which serves economically disadvantaged families who are presently receiving
rental assistance through the Delray Beach Housing Authority;
T) Farmworker
Coordinating Council of Palm Beach County ‑ $92,953 for emergency
services and transportation/translation services;
U) Florida Housing Corporation d/b/a Palm
Beach Assisted Living Facility, Inc. ‑ $29,565 for benefits advocacy;
V) Florida
Resource Center for Women & Children, Inc. ‑ $194,078 for short‑term
emergency shelter for women and children who are victims of domestic violence;
W) Glades
Area Association for Retarded Citizens Inc.‑ $177,495 for food services,
supported living and supported employment services;
X) Glades
Initiative Inc. ‑ $203,528 for coordination of health and human services
in the Glades community;
Y) Gratitude
House, Inc. ‑ $119,161 for substance abuse services provided through
day/night treatment, prevention and aftercare (relapse prevention),
intervention program, residential treatment and transitional housing;
Z) Healthy
Mothers/Healthy Babies Coalition of Palm Beach County, Inc. ‑ $115,690
for health education in schools and the community;
AA) Homeless Coalition of Palm Beach County ‑
$35,350 for homeless services assessment and coordination;
BB) Housing Partnership, Inc. ‑ $77,514
for supportive housing for individuals diagnosed with mental illness and
substance abuse and for supportive services to family members;
CC) Jeff
Industries Inc. ‑ $168,293 for day/night psycho‑social work
adjustment and supported employment services;
DD) Minority
Development & Empowerment, Inc. - $284,954 for case management and
translation services to the Haitian community primarily located in the northern
portion of Palm Beach County;
EE) Mental Health Association of Palm Beach
County, Inc. - $48,204 for a mental health support drop-in center;
FF) Oakwood
Center of the Palm Beaches, Inc. - $1,872,577 for operation of a licensed
in-patient psychiatric hospital providing assessment and treatment on a
twenty-four hour basis for high-risk populations. They provide services in both the north
county area and in Belle Glade. Services
include adult/child crisis stabilization, the Pregnant and Addicted (PANDA)
Program, residential detoxification services, adult/child medical out-patient
services, and a prevention program aimed at school age kids;
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES (Cont’d)
1. Motion/Title
– Continued
GG) Palm
Beach Habilitation Center, Inc. ‑ $279,452 for the Senior in Transition
and Retirement Services (STARS) Program;
HH) Parent-Child
Center, Inc. – $271,085 for children’s outpatient intervention and prevention
services;
II) Rehabilitation
Center for Children & Adults, Inc. ‑ $96,917 for comprehensive
outpatient and medical rehabilitation services;
JJ) Seagull Industries for the Disabled, Inc. ‑
$302,654 for adult day habilitation programs and residential assisted living
facilities;
KK)
Sickle Cell Foundation of Palm Beach County, Inc. ‑ $80,340, for
education and outreach to the Haitian population, screening and case management
to affected clients;
LL) South
County Mental Health Center, Inc. ‑ $1,673,457 for behavioral health ‑
mental health (crisis stabilization) and psychiatric and medical services
(outpatient);
MM) The
ARC of Palm Beach County, Inc. - $268,484 for residential services for adults
with disabilities;
NN) The
Haven, Inc. ‑ $143,464 for prevention/intervention of child abuse through
a therapeutic foster-care program;
OO) The
Juvenile Transition Center, Inc. ‑ $107,120 for education enrichment,
mentoring and job training skills to at‑risk youth ages 13‑18;
PP) The
Lord’s Place, Inc. ‑ $361,051 for homeless services through Joshua House
and family shelter programs;
QQ) Urban
Youth Impact, Inc. ‑ $160,118 for after school education/ social programs;
RR) Wayside
House, Inc. ‑ $157,283 for residential treatment for women’s substance
abuse;
SS) YWCA of Palm Beach County, Florida ‑
$127,086 for Harmony House for homeless and domestic abuse services for women
and children; and
TT) Haitian-American
Community Council, Inc. - $141,316 for immigration services such as
translation, technical assistance and referral;
SUMMARY: On July 11, 2007 and September 20, 2007,
the Board of County Commissioners approved the list of agencies and funding
allocations under the Financially Assisted Agency Program. The information submitted in this item
reflects part of the total funding approved by the Board of County
Commissioners for FY 2008, which is $13,749,311. Other contracts will be forthcoming upon
receipt of all the required information.
(Financially Assisted Agency Program)
Countywide (TKF)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to approve: the Second Amendment to the Airline-Airport
Use and Lease Agreement with Delta Air Lines, Inc. (Delta) (R2007-0386), authorizing
Delta to use certain common use tenant areas for an annual fee of approximately
$42,323. SUMMARY: This Amendment authorizes Delta to use
certain common use areas within the Palm Beach International Airport Terminal
building, including a common bathroom and break room area, on a non-exclusive
basis. In exchange for use of the common
areas, Delta will pay an annual fee of approximately $42,323. The annual fee will be adjusted each October
1st concurrent with adjustment of airlines rates and charges. Countywide (JMB)
2. Staff recommends
motion to adopt: a Resolution approving a new standard
form Airline Operating and Lease Agreement for Palm Beach International
Airport; authorizing the County Administrator or his designee to execute the
standard form agreement and make certain amendments to the standard form
agreement; replacing and superseding the standard form Airline Operating and
Lease Agreement for PBIA adopted pursuant to Resolution No. 93-801; and
becoming effective upon adoption. SUMMARY: The
Airport Use and Lease Agreement has been revised to be consistent with the
Airline-Airport Use and Lease Agreement, approved by the Board on September 12,
2006 (R2006-1906). The Agreement
provides the Department with the ability to lease space to certain air carriers
desiring to serve PBIA. Countywide (JMB)
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to adopt: a Resolution of the Board of County Commissioners with
respect to the reimbursement of certain costs and expenditures relating to the
acquisition and development of law enforcement information technology equipment
and software. Summary: The
County included in the FY 2008 Sheriff’s budget the annual debt service for
not-to-exceed $35 million of tax-exempt debt for the acquisition of certain
information technology enhancements and the mobile data project. The County expects to issue this debt in
January 2008. This Resolution allows the Sheriff to be reimbursed for
expenditures prior to the issuance of the debt.
Countywide (PFK)
H. FACILITIES
DEVELOPMENT & OPERATIONS
1. Staff recommends
motion to approve: a Lease Agreement
with the Village of Royal Palm Beach for the property formerly known as the
Royal Palm Beach Police Department located at 11498 Okeechobee Boulevard in
Royal Palm Beach for a PBSO substation. Summary: On August 10, 2006, the Palm Beach County
Sheriff entered into a Law Enforcement Services Agreement (LESA) with the
Village of Royal Palm Beach with services commencing September 1, 2007. As the terms of the LESA require the Village
to provide office space to the Sheriff from which to provide services, the
County is leasing the former Royal Palm Beach Police Department building on
behalf of the Sheriff. The purpose of
this Lease is to describe and detail the specific responsibilities of the
Village and County with respect to the Sheriff’s occupancy of the
building. The Lease provides for the use
of 11,602 square feet of building space, exclusive use of an outdoor fenced
area, and exclusive use of six (6) parking spaces marked with appropriate
signage for law enforcement officers.
The term of the Lease shall commence upon execution and extend until the
expiration or termination of the LESA. No
improvements were required for occupancy by the Sheriff. The annual rent is $1 per year. (FD&O Admin) District 6 (JB)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
2. Staff recommends
motion to approve: Work Order
No. 07-038A with Kerney & Associates, Inc. (R2006-2090) in the amount of
$18,500 to provide additional HVAC repairs at the Palm Beach International
Airport. Summary: The work consists of additional work required
to complete replacement of six (6) ventilation fans; replacement of corroded
ductwork discovered when the first fan was removed. The SBE goals are 15%. The SBE participation in this Work Order is
100%. When the participation for this Work Order is added to Kerney’s total
participation-to-date, the resulting values are 100%. This Work Order is being sent for Board
approval since the total project cost exceeds $200,000. The total construction duration is 60 days. This work will comply with all applicable local,
state, and federal codes and regulations. (FD&O Admin) Countywide/District 2 (JM)
3. Staff recommends
motion to approve:
A) a Budget Transfer of $1,201,221 from reserves in the Public
Building Improvement Fund to increase the project budget; and
B) Amendment No. 2 to the Contract with Suffolk Construction
Company, Inc. (R2005-1078) in the amount of $8,334,000 for Construction
Management Services for Airport Center Renovations establishing a Guaranteed
Maximum Price (GMP).
Summary: The Budget Transfer completes the accounting
work necessary to recognize revenues and use funds from restricted funds set
aside for this purpose from the Settlement Agreement with the Airport Hilton Hotel.
Amendment No. 2 implements the first
major modification to the long term capital improvement program resulting from
the tax reform initiatives. The scope of the work includes: 1) replacement of
the existing HVAC system and ductwork; 2) renewal of electrical and lighting
systems; 3) tenant specific renovations to meet the operational requirements
(while re-using interior office improvements); 4) rehabilitation of common areas (elevators,
lobbies and restrooms); and 5) site work required to meet the terms of a Settlement
Agreement with the Airport Hilton Hotel – at only 100 Australian Ave. (the
building formerly occupied by Planning Zoning and Building). This allowed for
the return of $7,666,000 in previously budgeted ad valorem funds to the General
Fund. At completion of this work, 160 Australian (formerly occupied by
Engineering) will be vacated and will remain unoccupied until the space is
required to accommodate growth. This will also save expenses estimated to be
$200,000 annually, associated with operating that building. The new tenants of
100 Australian Ave. will include Human Resources, Risk Management, and Housing
and Community Development. The SBE goal
for this project is 15%. Suffolk Construction Company, Inc.’s GMP includes
participation of a minimum of 15%. The
contract time is 365 calendar days. (Capital
Improvements Division) Countywide/District
2 (JM)
4. Staff
recommends motion to approve: Amendment
No. 1 to the Contract with Moss & Associates, LLC (R2007-0031) for
Construction Management Services for demucking/earthwork at the West County
Detention Facility site in the amount of $10,990,137. Summary: Amendment No. 1 will provide for demucking
the site, providing suitable fill, excavating a 6-acre lake and filling in of
the existing lake to accommodate the proposed improvements. This work is being
released prior to completion of the building design in order to get an early
start on the site work. Other work will
occur concurrently with this work via subsequent Amendments for utility work,
foundations and construction of out-buildings. The Small Business Enterprise (SBE)
goal for this project is 15%. Moss &
Associates will be providing a minimum of 15% SBE participation in this
Amendment. The duration for Phase I
work is 383 days to completion. Amendment
No. 1 is within the budgeted estimate for the work. The funds for this work will come from the
Bond Anticipation Notes authorized by the Board on July 24, 2007. (Capital Improvements Division) Countywide (JM)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS
(Cont’d)
5. Staff recommends
motion to approve:
A) the transfer of the following assets to the Palm Beach County
Sheriff’s Office (PBSO) - Asset Nos. 10141796, 10142386, K09614 (Shop Equipment); and
B) the transfer of the following assets to the Department of
Airports - Asset Nos. J07824, J08691,
10121610, H04510, J08686, J08687, M04791, M09840, M09121, G08595, J06747, K07670,
10150568, J06635, J09919, K03142, 10116169, M03350, M04229,
M04230, M04227, M04228, 10144052, J03483, K07553, 10121601 (Shop and Vehicle
Maintenance Equipment).
Summary: Fleet Management has moved from its previous
location at 3700 Belvedere Road to its new location at 2601 Vista Parkway. Pursuant to its lease, it is Fleet
Management’s responsibility to remove or transfer any fixed assets remaining at
the 3700 Belvedere complex. The assets
being transferred are either not removable or would require disposal by Fleet
at a cost. Rather than incur the cost of
disposal, Fleet is transferring the assets to other County departments and
agencies for re-use. In addition to
removing the overhead lube reels that PBSO is obtaining in the transfer, PBSO
has agreed to remove all the remaining overhead lube reels throughout the
facilities, place them on pallets and seal off the lube system. Once the reels are on pallets, Fleet
Management will transport them to the Fixed Assets Warehouse for sale. (Fleet
Management) District 2 (JM)
6. Staff
recommends motion to approve: a
Utility Easement Agreement in favor of Florida Power & Light Company (FPL)
for electrical service to the Dick Moroso Waterway Park (a/k/a Light Harbor
Marina) on U.S. Highway 1 in Riviera Beach.
Summary:
In December 1996, the County acquired
3.70 acres of land located on the east side of U.S. Highway 1 (Broadway), in
Riviera Beach to construct a new boat ramp and parking facility. FPL is installing an overhead power pole with
transformers to provide service to the park and requires a 5' x 5' easement to
accommodate the placement of a single pole on the park property. The easement area is located at the northwest
corner of the park property. This
perpetual non-exclusive easement is being granted to FPL at no charge as it
will provide electrical service to County facilities and is required as a
condition of service. (PREM) District 7 (JMB)
7. Staff
recommends motion to approve:
a Signage, Landscape and Maintenance
Easement Agreement with the School Board of Palm Beach County for installation
of an entrance sign at Park Vista High School identifying the PBSO
Substation. SUMMARY: The County requires
an easement to install and maintain an entrance sign on the School Board’s
property to identify the adjacent PBSO substation to traffic traveling north
and south along Jog Road. The proposed
Easement is approximately 25' long x 10' wide and contains 250 square feet. The
County will maintain all improvements within the easement area, as well as any
landscape, irrigation, and lighting. The
proposed easement is non-exclusive and will be granted to the County at no
charge. (PREM) District 3 (JMB)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve: twenty (20) Agreements under the FY
2007-2008 Community Development Block Grant (CDBG) Program totaling $1,083,536
to nineteen (19) non-profit agencies and one (1) municipality, in the amounts
and for the activities indicated, for the period October 1, 2007 to September
30, 2008:
A) Adopt-A-Family of the Palm Beaches, Inc. -
$40,000 for the provision of transitional housing and case management services
to at least 29 homeless persons per month under Project SAFE;
B) Aid to Victims of Domestic Abuse, Inc. - $50,000 for the provision of transitional housing for up to 20 victims of domestic abuse per month;
C) Center for Family Services of Palm Beach County, Inc. - $20,000 for the provision of emergency shelter services to 210 homeless persons who reside in the Pat Reeves Village Housing facility;
D)
Children’s Case Management Organization, Inc. - $20,000 for the provision of
counseling and legal services to 35 unduplicated grandparents under the Kin
Support Program;
E) Children’s Home Society of Florida, Inc. - $80,400 for the provision of transitional housing and support services to 15 pregnant and mothering teenage women and their babies;
F) The Children’s Place at Home Safe, Inc. -
$100,545 for the provision of emergency residential care and shelter to 200
abused and neglected children, ages newborn to eighteen (18);
G) Community Caring Center of Boynton Beach, Inc. - $20,000 for the administrative cost to assist 600 persons under the agency’s Emergency Food, Shelter and Financial Assistance Program;
H) Faith-Hope-Love-Charity, Inc. - $41,560 for
the provision of transitional housing at the Stand-Down House facility to at
least 17 homeless persons per month;
I)
Federation of Families of Palm Beach
County, Inc. - $73,200 for the provision of Parent Training
workshops, Youth Leadership workshops, and Respite Care program services to at
least 46 families annually;
J) Florida Resource Center for Women and Children, Inc. - $60,000 for the provision of emergency shelter and support services to 100 women and children who are victims of domestic violence;
K) Healthy Mothers/Healthy Babies, Inc. -
$74,335 for the provision of assistance to 800 uninsured low-income pregnant
women in accessing health care;
L) Legal Aid Society of Palm Beach County, Inc.
- $90,000 for the provision of fair housing education and outreach activities
in Palm Beach County through the Agency’s Fair and Affordable Housing Advocacy
Project. Specifically, at least 72
persons will be provided with enforcement or counseling services; 24 Fair
Housing Workshops to various citizen and professional groups will be conducted;
and efforts will be made to identify illegal practices in rental, sales, mortgage,
insurance, and advertising;
M) Place of Hope, Inc. - $50,000 for the provision of transitional housing and support services for
36 children in foster care;
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
1. Motion/Title - Continued
N) Redlands Christian Migrant Association - $52,730 for provision of child care services for 161 low-income children at the Belle Glade Child Development Center and the RCMA Farmworker Child Development Center;
O) Sickle Cell Foundation, Inc. - $33,000 for the provision of an outreach program, counseling, and case management services to 144 unduplicated individuals who have the sickle cell disease or the sickle cell trait;
P) Palm Beach County Association for Retarded Citizens, Inc. (d/b/a The ARC) - $75,000 for the provision of employment services and training to 100 persons with development disabilities;
Q) The Haven, Inc. – $75,836 for the provision of transitional housing and support services to 75 unduplicated abandoned, abused, and neglected children;
R) The Lord’s Place, Inc. (Café Joshua) -
$20,000 for the training of 20 homeless persons under the Chef’s/Catering
Apprentice Job Training Program;
S) West Jupiter Community Group, Inc. - $60,000 for the provision of after school services to 75 disadvantaged children residing in the West Jupiter area monthly; and
T)
City of South Bay - $46,930 for CDBG
activity delivery cost to undertake housing and community development efforts
in the city.
SUMMARY: The FY 2007-2008
Action Plan approved by the Board of County Commissioners on July 10, 2007,
allocated $1,107,215 of CDBG funds for the provision of public services,
fair housing activities and delivery cost of community development activities
by a Glades municipality. The Second
Amendment to this Action Plan allocates an additional $60,000 to one (1) other
public service activity. These
agreements will allocate $1,083,536 in CDBG funds as follows: $946,606 to eighteen
(18) sub-recipients for the provision of public services; $90,000 to one (1)
sub-recipient for the provision of fair housing services; and $46,930 to one
(1) municipality for delivery cost of community development activities. The remaining agreements to consume the entire
allocation of $1,167,215 will be brought before the Board of County
Commissioners for approval at a later date.
These are Federal CDBG funds that require no local match. Countywide (TKF)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
2. Staff recommends
motion to approve: fourteen (14) Agreements totaling $281,234
for the FY 2007-2008 Emergency Shelter Grants Program (ESGP) with the
following non-profit agencies, in the amounts and for the activities indicated,
for the period October 1, 2007 to September 30, 2008:
A) Adopt-A-Family of the Palm Beaches, Inc. -
$22,000 for provision of emergency rent and mortgage assistance to prevent
homelessness for 109 individuals;
B) Aid to Victims of Domestic Abuse, Inc. -
$20,000 for operation and maintenance of a transitional housing facility to
benefit 36 homeless women and children that are victims of domestic violence;
C) Center for Family Services of Palm Beach
County, Inc. - $10,000 for emergency rent, mortgage and utilities payments to
prevent homelessness for 34 individuals;
D) Children’s Case Management Organization, Inc. - $20,000 to provide emergency shelter and food through motel vouchers and food vouchers for 60 individuals; and emergency rent, mortgage and utilities payments to prevent homelessness for 72 individuals;
E) Children’s Home Society of Florida, Inc. -
$20,000 to provide food for 500 homeless youths at the Safe Harbor Runaway
Center, an emergency shelter for homeless youths; and to provide food for up to
13 homeless mothers and their babies at Transitions Home, a transitional
housing facility for pregnant and mothering teenage women and their babies;
F) The Children’s Place at Home Safe, Inc. - $20,000 for utilities expenses of The Children’s Place – North Campus in West Palm Beach and The Children’s Place - South Campus in Boca Raton to provide emergency shelter and 24-hour care for a combined total of 150 abused, neglected and homeless children;
G) Community Caring Center of Boynton Beach,
Inc. - $15,194 for emergency shelter for 29 homeless individuals through the
use of motel vouchers and food vouchers; essential services through provision
of personal hygiene items, medication, identification, and temporary emergency
housing to 19 individuals/households and emergency rent, mortgage and utilities
payments to prevent homelessness for 70 individuals;
H) Faith-Hope-Love-Charity, Inc. - $25,000 for operation and maintenance of Stand-Down House to provide emergency shelter for 108 homeless veterans; and for standardized needs assessment testing of Stand-Down House residents by a licensed psychologist;
I) Farmworker Coordinating Council - $24,000 for emergency rent, mortgage and utilities payments to prevent homelessness of 200 farmworker individuals;
J) Florida Housing Corporation - $20,000 for the prorated share of electricity expense for 100 Homeless Disabled Adult Program enrollees at Florida Housing Corporation’s Palm Beach Assisted Living Facility;
K) Florida Resource Center for Women and Children, Inc. - $21,000 for operation and maintenance expenses for an emergency shelter; food vouchers and prescription medications to serve 135 homeless victims of domestic abuse;
L) The Lord’s Place, Inc. (Boynton Beach Family Shelter) - $23,500 for operation expenses for a transitional housing facility for 200 individuals and families;
NOVEMBER
6, 2007
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
2. Motion/Title – Continued
M) The Lord’s Place, Inc. (Café Joshua) -
$20,000 for operation expenses of Café Joshua, to provide meals and other day
shelter services for 575 homeless guests who are referred for support services
by other provider agencies from throughout the County; and
N) Young Women’s Christian Association of Palm Beach County, Florida (YWCA) - $20,540 for operation and maintenance of YWCA Harmony House to provide emergency shelter for 402 homeless women and children victims of domestic abuse.
SUMMARY: Palm Beach County will receive a total of
$306,234 in ESGP funds for FY 2007-2008 to assist the homeless and those at
risk of homelessness, countywide. Funds
will be used for the operation and maintenance of emergency shelters and
transitional housing facilities, essential services to the homeless, and
homeless prevention activities. These
Agreements utilize Federal funds, and the required match will be met by the
agencies. No match from County General
Fund is required. Countywide
(TKF)
3. Staff recommends motion to approve: a reimbursement to the Village of Royal Palm Beach in the amount of $45,572. SUMMARY: Approval of this agenda item will reimburse the Village of Royal Palm Beach for expenses already incurred by them in connection with the ADA improvements to Bobbie Joe Lauder Park, which have been completed. The Village of Royal Palm Beach previously entered into a funding Agreement with Palm Beach County for this project on February 3, 2004. The Agreement, as amended, expired on May 31, 2006. This reimbursement will pay for work that would have been funded under the Agreement. Their $45,572 payment to the contractor could not be reimbursed until the contractor completed his compliance with the Federally mandated Davis-Bacon Act relating to the payment of wages to workers on the project. Davis-Bacon Act matters have now been addressed enabling this reimbursement. This approval will provide $45,572 in Federal Community Development Block Grant (CDBG) funds which do not require local matching funds. District 6 (TKF)
4. Staff recommends
motion to approve: a reimbursement
to the City of Lake Worth in the amount of $26,903.10. SUMMARY: Approval of this agenda item
will reimburse the City of Lake Worth for expenses already incurred by them in
connection with street improvements to Wingfield Street and Washington Avenue
in the City of Lake Worth which have been completed. The City of Lake Worth previously entered
into a funding Agreement with Palm Beach County for this project on October 5,
2004. The Agreement, as amended, expired
on March 31, 2007. This reimbursement
will pay for work that would have been funded under the Agreement. Their
$26,903.10 payment could not be reimbursed until the contractor completed his
compliance with the Federally mandated Davis-Bacon Act relating to the payment
of wages to workers on the project.
Davis-Bacon Act matters have now been addressed enabling this
reimbursement. This approval will
provide $26,903.10 in Federal Community Development Block Grant (CDBG) funds
which do not require local matching funds. District 7 (TKF)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
5. Staff recommends
motion to approve: an Agreement
with the City of Riviera Beach for street improvements on West 33rd
Street, in the amount of $251,191, in Community Development Block Grant (CDBG)
funds for the period of November 6, 2007, through September 30, 2008. SUMMARY: CDBG funds will be used for the reconstruction
of West 33rd Street, between Avenue “O” and Avenue “R”, in the City of Riviera
Beach. The street improvements will
include stormwater drainage, curbs, gutters, sidewalks, paving, landscaping,
relocation of water and sewer lines, adjustment of sewer laterals/water
meters/valves, retaining walls, resetting of chain link fences and other
incidental work associated with these improvements. This Agreement will provide $251,191 in
Federal Community Development Block Grant (CDBG) funds, which do not require
local matching funds. District 7 (TKF)
6. Staff recommends
motion to adopt: a Resolution
approving the Fourth Amendment to the Hurricane Housing Recovery Plan (HHRP) (R2005-1885)
for Fiscal Years 2005-2006, 2006-2007 and 2007-2008; modifying eligible home
repairs and use of funds for the Owner Occupied Housing Rehabilitation
Program. SUMMARY: The Fourth
Amendment is a continuation of prior recommendations from the Commission on
Affordable Housing=s Advisory Committee, to remove
barriers impeding the implementation of the HHRP. The proposed recommendations will add the
following as eligible repairs or improvements: hurricane shutters and fence replacement. HHRP
use of funds will also be expanded under this agreement to cover: moving and/or
storage expenses capped at $2,500 per household; reimbursement of 2005
hurricane/windstorm insurance policy deductible and/or reimbursement for
repairs not covered by the 2005 hurricane/windstorm insurance policy up to
$20,000. Countywide (TKF)
7. Staff recommends motion to approve:
A) Amendment No. 001 to the Conditional Grant Agreement (R2003-1632) with We Help Community Development Corporation; and
B) a Mortgage and Note
Modification Agreement with We Help Community Development Corporation in
connection with the housing project known as Abidjan Estates in the City of
Belle Glade.
SUMMARY: On October 21, 2003, Palm Beach County entered into a Conditional Grant Agreement with We Help Community Development Corporation (We Help). The Conditional Grant Agreement provided $600,000 in Home Investment Partnership Program (HOME) funds towards the acquisition of 73 acres of land for the Abidjan Estates mixed-use project in the City of Belle Glade. These funds were initially secured by a Mortgage and Security Agreement covering the entire 73 acre parcel of land. Subsequently, the County’s lien was transferred to a portion of this property covering about 22 acres where We Help was to have built and sold seventy-six (76) single-family affordable housing units by October 29, 2005, as required in both the Conditional Grant Agreement and the Mortgage and Security Agreement. The Conditional Grant Agreement also specified the maximum sale price of these three (3) and four (4) bedroom affordable housing units. To date, We Help has constructed twelve (12) units with certificates of occupancy forthcoming. The process of obtaining site plan approvals, as well as the 2004 and 2005 hurricanes, caused delays in the project. Construction cost escalation has also caused a rise in the sale price of the units. The requested Amendment No. 001 to the Conditional Grant Agreement and the Mortgage and Note Modification Agreement will extend the deadline to construct and sell these units to December 31, 2008, and will allow the sale price of the three (3) bedroom/two (2) bath units to rise from $135,000 to $195,000; and the sale price of the four (4) bedroom/two (2) bath units to rise from $145,000 to $210,000. District 6 (TKF)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
8. Staff recommends
motion to approve: a
repayment of $14,350 to the Robert E. Pinchuck Memorial Housing Trust Fund
(HTF) from the Housing and Community Development (HCD) Department’s earned
program income derived from the repayment of rehabilitation loans made to
private property. This repayment
will resolve a monitoring finding by the Florida Housing Finance Corporation
(FHFC) who provides State Housing Initiative Program (SHIP) funding to Palm
Beach County. SUMMARY: In Fiscal Year 2002-2003, Jason and Shantel
Pettry received $29,350 as down payment assistance to purchase their first home.
The verified household income of the
Pettrys determined the household was low-income and eligible for down payment
assistance up to $30,000. The FHFC
contracts with Florida Planning Group, Inc. to monitor SHIP Programs throughout
the State. The CAH was monitored on May 8,
2007 for Fiscal Years 2003 – 2006. After
Florida Planning Group, Inc. reviewed the Pettrys’ file, this family was deemed
a moderate income household and eligible for a down payment maximum of $15,000.
Florida Planning Group stated CAH staff incorrectly calculated the household
income. The HCD will use program income
from rehabilitation loans to private rental housing developers to repay the
HTF. Countywide (TKF)
9. Staff recommends
motion to approve: an Agreement
with the Town of Jupiter for reconstruction of a soccer field and construction
of a walking trail, in the amount of $78,473, in Community Development Block
Grant (CDBG) funds for the period of October 2, 2007, through September 30,
2008. SUMMARY: The improvements
funded by the Agreement will be made at Jupiter Elementary School located on
Loxahatchee Drive, between 1st and 4th Streets, in the Town of Jupiter. The work on the soccer field includes sod
removal; re-grading; sodding; provision of bleachers, benches, and goal posts;
and construction of a clay walking trail.
The field will be used during non-school hours by authorized organizations
that meet CDBG program criteria. This Agreement will provide $78,473 in
Federal CDBG funds which do not require local matching funds. District 1 (TKF)
10. Staff recommends motion to approve: Amendment No. 003 to a HOME Program Rental Assistance Loan Agreement (R2005-0652) with New Urban Development Corporation, Inc. to extend the loan closing date from December 30, 2006 to December 30, 2007. SUMMARY: Approval of this item will extend the loan closing date, which will allow New Urban Development Corporation, Inc. to close the loan transaction with the County and utilize the funds awarded under the agreement approved through R2005-0652, as amended via R2005-2412, and Amendment No. 002 dated August 10, 2006. Funds in the amount of $360,000 were provided to make payments toward the construction of ten (10) affordable townhouse units located at 605 Palm Beach Lakes Boulevard in West Palm Beach. Repayment of this loan is based on the cash-flow of the project, at an interest rate of 3% per annum. These are Federal HOME funds that require a local match. The local match comes from Palm Beach County’s annual State Housing Initiative Program (SHIP) allocation. District 7 (TKF)
11. Staff recommends
motion to approve: Amendment No. 001 to an Agreement (R2007-0295) with
the Town of Jupiter to modify the scope of the project for the expenditure of
$70,846, in Community Development Block Grant (CDBG) funds. SUMMARY: This Amendment deletes the fencing from the
scope of the project, and adds street lighting at specified locations on North
Hepburn and North Orange Avenues in the Town of Jupiter. The fencing is being deleted upon the Town’s
request because several homeowners have installed fencing and planted flowers
and shrubs since the Agreement for this project was executed. These are Federal funds that require no
local match. District 1 (TKF)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
I. HOUSING
& COMMUNITY DEVELOPMENT (Cont’d)
12. Staff recommends
motion to approve: an Agreement
with the Community Land Trust of Palm Beach County for $400,000 in cash to fund
salaries, benefits, and operational costs and $400,000 in-kind support for the
administration and operation (office space, computers, office furniture, among
other things) for a two (2) year period of a countywide community land trust
located at 160 Australian Avenue, Suite 500, West Palm Beach, Florida 33406. The
effective date of this Agreement shall be October 16, 2007 through October 15,
2009. SUMMARY: The proposed $400,000 Agreement with the
Community Land Trust of Palm Beach County will provide administrative and
operational expenses to assist in the start-up of the community land trust
operation. The scope of services
outlined for the Agreement includes: hiring an Executive Director within 30
days and an Administrative Assistant within 120 days of executing the
Agreement; creating documents and programs essential to the operations of a
community land trust to include a land lease, resale formula, criteria for
homebuyer selection, and homebuyer orientation program; creating organizational
documents and policies such as an operating budget, mission statement, criteria
and process for membership, personnel policies, program policies, staffing
plan, and marketing plan; holding regular fundraising activities; holding
regular Board and annual membership meetings; preparing quarterly reports on
activities related to development opportunities; and reviewing and amending the
bylaws where applicable.
The source of funds for the grant
is program income and interest generated from the Housing Finance Authority
Grant given to Housing and Community Development (HCD) in FY 2003-2004. No County funds will be pledged under this
Agreement. Countywide (TKF)
13. Staff
recommends motion to approve:
Amendment No. 002 to a HOME Program Rental Assistance Loan Agreement
(R2005-0252) with Lake Worth Community Development Corporation (LWCDC) to
extend the loan closing date from April 30, 2006 to December 31, 2007. SUMMARY: Approval of this item will extend the loan
closing date, which will allow Lake Worth Community Development Corporation
(LWCDC) to close the loan transaction with the County and utilize the funds
awarded under the Agreement. Funds in the amount of $197,470, were provided to
make payments toward the construction of four (4) affordable rental housing
units located at 529 South “E” Street in Lake Worth, Florida. The original terms of the Agreement have not
changed. These are Federal HOME funds which require a local match. The local match comes from Palm Beach
County’s annual State Housing Initiative Program (SHIP) allocation. District 7 (TKF)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES
1. Staff recommends
motion to receive and file: three
(3) Standard Development Agreements and three (3) Standard Development Renewal
Agreements complete with executed documents received during the months of
August and September 2007:
Standard
Development Agreements
A) Ranger Construction Industries, Inc. 01-01199-000 B)
United Pentecostal Church of West Palm Beach, Inc. 01-01200-000
C)
KRG/Atlantic Delray Beach, LLC 03-01024-001
Standard
Development Renewal Agreements
D) Sterling Communities at Talavera, LLC 02-01059-R01
E)
TLH-BOS Corp and TLH-BER Corp 02-01060-R01
F)
Polo Realty, Inc. 09-01030-R00
SUMMARY: The terms and conditions for Standard Development
Agreements and Renewals 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 and Renewals 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)
2. Staff recommends
motion to approve: Change Order No. 4 to the Contract with Lanzo
Construction, Inc. (R2006-2466) for the Northern Region Utility Pipeline Phase
III increasing the contract price by $146,759.40, and increasing the contract
time by 10 days. SUMMARY: Change Order No. 4 authorizes the
Contractor to perform additional work consisting of items 1 through 6 outlined
in the description of work for the Northern Region Utility Pipeline Project
Phase III. Total change orders to date, excluding the $3,631,703.07 sales tax
recovery program change order, equal $229,674.52 (2.48% increase). 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 Lanzo Construction Co. provides for SBE participation of 15.60%.
The cumulative SBE participation, including this Change Order, is 24.74%
overall. (WUD Project No. 05-061) District 1 (JM)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
3. Staff
recommends motion to approve:
A) a unit price Contract with Southeast Drilling
Services, Inc. for the Water Utilities Department Wellfield Rehabilitation
Program to repair wells over a 24-month term in a cumulative amount not-to-exceed
$1,672,500;
and
B) Work Authorization No. 1 to rehabilitate wells at
Water Treatment Plant Nos. 2, 3, 8, 9
and 10 in the amount of $700,000.
SUMMARY: On September 12, 2007, one (1) bid was received for the Water Utilities Department Wellfield Rehabilitation Program, from Southeast Drilling Services, Inc. in the amount of $1,672,500. This Contract will be used for wellfield rehabilitation to maintain adequate raw water supply to all the Department’s water treatment plants. Contract award is for the base contract only, and this Contract by itself does not guarantee nor authorize Southeast Drilling Services, Inc. to perform any work. Work will be assigned during the 24-month contract period by formal work authorizations drawn against this continuing contract, with approvals pursuant to PPM CW-F-050. The unit prices contained in this contract will be used in determining the cost of these work authorizations. Supplements to work authorizations for changes that occur during construction will be subject to the change order limits for construction contracts as established under PPM CW-F-050 with each work authorization considered as an individual construction contract. Work Authorization No. 1 provides for rehabilitation of wells at Water Treatment Plant Nos. 2, 3, 8, 9 and 10 in the amount of $700,000. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15.00% overall. This Contract with Southeast Drilling Services, Inc. provides for SBE participation of zero overall. Rehabilitation for large water wells requires special construction services thereby reducing options for SBE participation. Overall SBE participation is zero percent because Southeast Drilling was the only bidder. (WUD Project No. 07-184) Districts 2, 5 & 6 (JM)
4. Staff recommends motion to approve: Work Authorization No. 8 to the Water Utilities Department Continuing Construction Contract with Foster-Marine Contractors, Inc. (R2006-2732) for construction of the Ferndale Capital 20-inch Water Main Extension Project in the amount of $880,501.26. 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 provides for construction of a 20” water main extension along Lake Ida Road. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15.00% overall. The contract with Foster-Marine, Inc. provides for SBE participation of 14.98% overall. This Authorization includes 15.35% overall participation. The cumulative SBE participation, including this Authorization, is 15.17% overall. (WUD Project No. 06-036B) District 5 (MJ)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
K. WATER
UTILITIES (Cont’d)
5. Staff recommends
motion to approve:
A)
an Interlocal Agreement with the City of Belle Glade for the reimbursement of
design and construction costs related to potable water pipeline construction;
and
B)
an Interlocal Agreement with the Health Care District of Palm Beach County for
the reimbursement of design and construction costs related to potable water
pipeline construction.
SUMMARY: Palm Beach County Water Utilities is in the process of constructing the Lake Region Water Treatment Plant to provide bulk potable water service to the cities of Belle Glade, Pahokee, and South Bay. In order to serve current and future development, the City of Belle Glade (“Belle Glade”) requires the extension of a potable water pipeline (“Pipeline”) from the Lake Region Water Treatment Plant to a point of connection with existing Belle Glade potable water facilities. Construction of the Pipeline will provide Belle Glade with increased potable water capacity in order to better serve existing Belle Glade customers, and to serve future Belle Glade customers connecting to the Pipeline. Belle Glade will reimburse the County the amount of $250,000 within thirty (30) days of the effective date of the Interlocal Agreement with Belle Glade. In addition, under the terms of the Interlocal Agreement with Belle Glade, Belle Glade will charge new customers connecting to the Pipeline their proportionate share of the Pipeline design and construction costs, and then remit said funds to the County. The Health Care District of Palm Beach County (“District”) will also benefit from the extension of this pipeline, and has agreed to reimburse the County their proportionate costs of the design and construction of the Pipeline. Under the terms of the Interlocal Agreement with the District, the District shall reimburse the County their proportionate share of design and construction costs following design and construction of the Pipeline. (WUD Project No. 07-084) District 6 (MJ)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to approve: Change Order
No. 1 to decrease the construction Contract (R2006-0141) with J.F. Brennan Co.,
Inc. by the amount of $258,695.36 for the Palm Beach County Sediment Management
Project No. 2006-001 (Project). Summary:
On January 24, 2006, the Board
approved the Contract with J.F. Brennan Co, Inc. to dredge muck from the C-51
Canal in the amount of $1,700,000.
Change Order No. 1 reduces the Contract $258,695.36 for the decreased
quantity of dredged material due to differing site conditions. There is no Small Business Enterprise (SBE)
participation on this Contract. Districts
2 & 3 (JM)
M. PARKS
& RECREATION
1. Staff recommends
motion to approve: Agreement
with Community Back to School Bash, Inc. for the period November 6, 2007,
through December 30, 2007, in an amount not-to-exceed $7,500 for the 2007
Community Back to School Bash event. SUMMARY: This funding is to help
offset costs paid for the 2007 Community Back to School Bash event held on
August 11, 2007, at the Palm Beach County Convention Center. The event attracted approximately 8,000
participants. The Agreement allows for
the reimbursement of eligible project costs incurred subsequent to June
6, 2007. Funding is from the
Recreation Assistance Program (RAP) District 2 ($5,000) and District 6 ($2,500)
Funds. Countywide (AH)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
2. Staff recommends
motion to approve: Staging Area Agreement with Florida Power and
Light Company (FPL) to utilize a portion of John Prince Park to park vehicles
and stage equipment, employees, and contractors following a natural disaster,
military, or civil disturbance. SUMMARY: In the event of natural disasters such as
hurricanes or other catastrophic events that result in electrical power loss,
this Agreement will allow FPL to temporarily set up a staging area in John
Prince Park for vehicles, equipment, and outside resources. The staging area will consist of
approximately ten (10) acres at the Mound Circle picnic area and will only be
used as reasonably necessary for FPL to restore electric service to Palm Beach
County residents. District 3 (AH)
3. Staff recommends
motion to approve: Interlocal Agreement with the School Board of
Palm Beach County for the delivery
of transitional life skills and education services to students with mild to
moderate disabilities, ages 18 to 22, at the Club Managers Association of
America Therapeutic Recreation Complex. SUMMARY:
This Agreement allows Palm Beach County and the School Board of Palm Beach
County to utilize each other’s personnel, expertise and services for the
provision of educational and transitional life skill services to students ages
18 to 22 with mild to moderate
disabilities. The program developed
pursuant to this Agreement will provide the students an opportunity to develop
and practice transitional life skills outside the traditional school setting. The students will receive daily living and
vocational education from a certified School Board teacher, and leisure and
recreation skill development from the County’s Parks & Recreation
Therapeutic Recreation staff. District
3 (AH)
4. Staff recommends
motion to receive and file: First Amendment to Agreement (R2007-0891)
with the City of Pahokee for the 2007 Muck City Champions celebration. SUMMARY: This fully executed First Amendment to
Agreement in an amount not-to-exceed $12,000 extends the project completion
date from April 1, 2007 to September 30, 2007, and the term of the Agreement
from July 1, 2007 to December 30, 2007, in order to allow additional time to
accommodate dates of payment and completion of the reimbursement process. The Amendment is in accordance with
Resolution R2005-1738 authorizing the delegation of authority for amending
RAP agreements to the County Administrator or his designee. All other terms of the Agreement, including
the Agreement amount, remain the same.
Funding for the project is from the Recreation Assistance Program (RAP)
District 6 Funds. District 6
(AH)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
5. Staff recommends
motion to receive and file: executed Independent Contractor Agreements
received during the months of September and October:
A) Shelly Janssen, Dance Instructor, West
Boynton Park & Recreation Center (JANS00041007525200J);
B)
Robert Hein, Tennis Instructor, various facilities (HEIN000110075201H);
C) Kim Moser, Classical Fencing Instructor,
West Jupiter Recreation Center (MO1025831007523300E);
D) Kathy Andio, Water Exercise Instructor,
North County Aquatic Complex (AND1095381007530500B);
E)
Teresa Krellner, Basketball Official, West Boynton Park & Recreation
Center (KREL1139180907525200A);
F) Steve VanCoppenolle, Water
Exercise Instructor, North County Aquatic Complex (VANC00061007530500I);
G) JKF
Goju Kai, Florida, Inc., Martial Arts Instructor, West Jupiter Recreation
Center (JKFGOJU1110971007523300B);
H) Cindy Martling, Stroller Power
Exercise Instructor, West Jupiter Recreation Center (MART1087501007523300B);
I) Gold Coast Gymnastics, Gymnastics
Instructor, West Boynton Park & Recreation Center (GOLD01291007525200G);
J) Alexis Cardona, Martial Arts
Instructor, West Boynton Park & Recreation Center (CARD00361007525200I);
and
K) Susan Allshouse, Tennis
Instructor, West Boynton Park & Recreation Center (ALLS1074101007525200B).
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
attached 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)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
6. Staff recommends
motion to approve:
A) Agreement with Loxahatchee Historical Society, Inc. for the period
November 6, 2007, through November 1, 2008, in an amount
not-to-exceed $75,000 for development of the historic Tindall Homestead;
B) a Budget Transfer of $75,000 in the
Transportation Improvement Fund from Reserve for District 1 to the County
Transportation Trust Fund;
C) a Budget Transfer of $75,000 in the
Transportation Trust Fund increasing the annual transfer from the
Transportation Improvement Fund and decreasing the annual transfer from the
General Fund;
D) a
Budget Transfer of $75,000 in the General Fund decreasing the annual transfer
to the County Transportation Trust Fund and increasing the annual transfer to
the Park Improvement Fund; and
E) a Budget Amendment of $75,000 in the Park
Improvement Fund increasing the annual transfer from the General Fund and
increasing the appropriation to the District 1 Recreation Assistance Program
(RAP).
SUMMARY:
This funding is to
assist with costs for development of the 1892 George Washington Tindall house
as an interior/exterior historic exhibit on the Jupiter Lighthouse & Museum
grounds. The Tindall House is owned and
will be operated by the Loxahatchee River Historical Society, Inc. When complete, this historic homestead is
anticipated to be visited by approximately 42,000 visitors annually. The Agreement allows for the reimbursement of
eligible project costs incurred subsequent to October 1, 2007. The budget transfers and budget amendment
increase the gas tax support and decrease the ad valorem support of the County
Transportation Trust Fund, thereby allowing for the allocation of the available
ad valorem support to the District 1 Recreation Assistance Program (RAP). At the November 21, 2006 Board meeting, the
flexibility of up to $200,000 in transfers was approved for this purpose. This project uses the available balance in
transfers for District 1 Funds. District
1 (AH)
7. Staff recommends
motion to approve:
A) Budget Amendment of $1,599,313 in the Park
Improvement Fund to recognize insurance proceeds received for Hurricane
Wilma-related damages to the Southwinds Golf Course Clubhouse, of which
$1,132,054 will be budgeted for clubhouse re-construction and $467,259
transferred to General Fund Contingency Reserves; and
B) Budget Amendment of $467,259 in the General
Fund to establish budget for the reimbursement of contingency funding.
SUMMARY: On
September 12, 2006 (Agenda Item 6.E.2), the Board approved a $467,259 budget
transfer from the General Fund Contingency to the Park Improvement Fund in
order to fund Hurricane Wilma-related items for the Southwinds Golf Course
Clubhouse project. The budget amendments recommended in this item are necessary
to recognize the insurance proceeds relating to the damage, establish budget
for the reconstruction project, and establish budget for the repayment to the
General Fund Contingency. District 5
(AH)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
M. PARKS
& RECREATION (Cont’d)
8. Staff recommends
motion to:
A) receive and file a fully executed Florida Communities
Trust (FCT) Grant Contract for $2,500,000 to fund the acquisition of the 1.10
acre waterfront Susan DuBois Kindt Estate; and
B) approve Budget Amendment of $2,500,000 within the
Park Improvement Fund to establish a budget for the approved grant.
SUMMARY: On July 11, 2006, the Board
authorized submission of a Florida Communities Trust grant application for
acquisition of the 1.10 acre waterfront Susan DuBois Kindt Estate
(R2006-1315). The Board also authorized
the County Administrator or his designee to execute the grant contract
(FCT Contract Number 07-CT-1E-06-F6-A1-041) and other grant related forms
if the grant was approved. This grant
was approved, the grant contract has been fully executed, and is now being
submitted to the Board to receive and file.
The $2,500,000 grant will be matched with $2,500,000 from the 2004 $50
Million Waterfront Access and Preservation General Obligation Bond. As outlined in the grant contract, the grant
award will be paid directly to the property seller at closing. The 1.10 acre waterfront Susan DuBois Kindt
Estate is also known as Zekes Marina and is located on the Jupiter Inlet,
directly west of Dubois Park. The
acquisition of this property will be used to expand the park’s western
boundary. District 1 (AH)
N. LIBRARY
1. Staff recommends
motion to:
A) receive and file a Grant Agreement for a $500,000
Construction Grant awarded by the State Division of Library and Information
Services for the County Library Expansion Program West Atlantic Avenue (Hagen
Ranch Road Branch) Library project; and
B) approve Budget
Amendment of $500,000 to establish a new fund for this construction grant.
SUMMARY: The
Library has received notification that a grant has been awarded for $500,000
for the West Atlantic Avenue (Hagen Ranch Road Branch) Library expansion
project. The Application was approved by the BCC on August 15,
2006 (R2006-1482), with notification of the project funding on August 15,
2007. The Grant Agreement has been signed
by the Chairperson in accordance with the authorization given with the approval
of Agenda Item R2006-1482. A budget
amendment is required since these grant funds were not included in the FY 2007
or FY 2008 budgets. District 5 (TKF)
S. FIRE
RESCUE
1. Staff recommends
motion to approve: the Second
Amendment to the Agreement for Labor Negotiation Services with Ogletree,
Deakins, Mash, Smoak & Stewart, P.C. (R2003-1570), effective retroactively
from October 1, 2007 for an additional six (6) month period, in an amount
not-to-exceed $41,000. This represents
$40,000 for fees and $1,000 for expenses.
SUMMARY: This Second Amendment permits the firm to
continue to provide expert advice and assistance in the area of Collective
Bargaining negotiations and David DeMaio to act as the County's chief
negotiator in ongoing disability benefits negotiations with the Professional
Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. Countywide (SGB)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to approve:
A) Amendment No. 7 to the Contract with Metatomix, Inc. (R2004-2414), for a
not-to-exceed amount of $297,604.50 for Phase II, and to extend the Contract
and Change Order No. 1 (R2006-1159) expiration date to December 31, 2009 and
authorizing the use of Task Orders for Phase II work tasks;
B) Task Order No. 1 with Metatomix to begin Phase II of the Visual Planning
Technologies/Law Enforcement eXchange (VPT/LEX) Project to integrate law
enforcement information in the amount of $118,500;
C) a Budget Transfer of $250,000 from the Criminal Justice Reserve Fund to
the Information Technology Capital Improvements (VPT-System) Fund;
D) a Budget Amendment to recognize the transfer of $250,000 from the Criminal
Justice Reserve Fund to the Information Technology Capital Improvements
(VPT-System) Fund; and
E) a Budget Amendment of $250,000 decreasing the Information Systems
Services Fund.
Summary: Palm Beach County ISS and Metatomix, Inc. have been working to complete Phase I of the VPT/LEX Project to integrate disparate law enforcement information systems to provide the capability to share crime-related information among the agencies. Phase II will be funded from the existing VPT Capital Account and $250,000 transferred from the Criminal Justice Commission (CJC) in February 2007. Additional funding for this data sharing effort is being sought from other law enforcement sources including a Department of Justice grant targeting violent crime. The LEX Executive Committee is in the process of establishing the governance structure and methodology for funding future recurring costs following completion of Phase II. This next phase will include establishing a production environment, connecting additional Palm Beach County law enforcement agencies, programming additional application functionality, completing any remaining items from Phase I, and providing additional resources as required for completing the work. Additional Phase II work to connect to other law enforcement data sources and/or integration with other systems (such as system logging, pawn data or the Miami Region) will be detailed as required and authorized via Task Orders under this Contract. The accompanying Budget Transfer will consolidate the funds transferred from CJC into the project capital account. Countywide (PFK)
AA. PALM
TRAN
1. DELETED
2. Staff recommends
motion to approve: an Agreement with the Florida Department of Highway
Safety and Motor Vehicles authorizing Palm Tran to act as a Third Party
Administrator to conduct driver license examinations on behalf of the
Department. SUMMARY: Florida Department
of Highway Safety and Motor Vehicles authorizes Third Party Administrators to
act on their behalf for Florida motor vehicle license testing. Palm Tran has been acting as a Third Party
Administrator for the Department since 2003 (R2003-1102). This third party administration of motor
vehicle testing is in accordance with Florida Statutes Section 322.56, and all third
party testers are required to enter into new state contracts by December
2007. Palm Tran has two (2) certified
testers for Palm Tran employees to acquire a Commercial Driver License
(CDL). Countywide (DR)
NOVEMBER 6, 2007
3. CONSENT
AGENDA APPROVAL
AA. PALM
TRAN (Cont’d)
3. Staff recommends
motion to:
A) approve a Budget Transfer of $2,700,000 in the Palm Tran Grant Fund to reallocate funds, as a result of the reclassification of Federal Transit Administration (FTA) Section 5307 Grant funding; and
B) approve a downward Budget Amendment of $2,700,000 in the Palm Tran Operating Fund to reconcile to the transfer made in the Palm Tran Grant Fund.
SUMMARY: Palm Tran budgeted
$2,700,000 in FY ‘07 in the Operating Fund to balance to a transfer from the
Grant Fund for Operating Assistance.
Budget was set up based on past and general maintenance items. Beginning with FY ‘07 Section 5307 Grant, the
FTA reclassified the funding as Preventative Maintenance, which qualifies these
costs to be appropriated and reimbursed directly through the Grant Fund. To adjust for this change, a $2,700,000
journal entry has been made to move expenses for Preventative Maintenance from
the Operating Fund to the Grant Fund. A
$2,700,000 budget transfer from Department 820 (Transfer to Operating) to
Department 542 (Grant Expenses) will be processed in the Grant Fund, and a
$2,700,000 Budget Amendment will be processed in Fund to balance both
funds. Countywide (DR)
BB. SHERIFF
1. Staff recommends
motion to:
A) accept a Department of
Justice Office of Justice Programs Edward Byrne Memorial Discretionary Grant
award in the amount of $1,650,000 for the period of October 1, 2007, through
September 30, 2008; and
B) approve a Budget Amendment
of $1,650,000 increasing the Sheriff’s Grant Fund.
SUMMARY: On September 26, 2007, the Palm Beach County
Sheriff’s Office (PBSO) received an award to target violent crime. PBSO will implement a countywide Multi-Agency
Violent Crimes Strategy. The primary
goal is to create safer communities by reducing the violence and gang problem
in Palm Beach County through the coordinated law enforcement response informed
by data and real-time intelligence. The
strategy to be employed includes an integrated seven-prong approach
encompassing: 1) intelligence & data sharing; 2) multi-agency
investigations; 3) suppression tactics; 4) proactive patrol; 5) intra and inter-agency
collaboration; 6) vertical prosecution, and 7) systematic evaluation. There is no required match by the funding
agency; however, the PBSO has committed to use salaries, benefits, and
equipment as a match in the amount of $1,156,865. No
additional positions are needed and no additional County funds are required. Countywide (DW)
* * * * * * * * * * * *
NOVEMBER 6, 2007
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
A. Presentation
by the International Economic Development Council (IEDC) regarding the Business
Development Board’s National Accreditation with IEDC.
B. Proclamation
declaring the month of November 2007 as “National Hospice and Palliative Care
Month – Hospice of Palm Beach County’s 30th Anniversary” in Palm
Beach County. (Sponsored by Commissioner
Greene)
C. Proclamation
declaring the month of November 2007 as “Alzheimer’s Awareness Month” in Palm
Beach County. (Sponsored by Commissioner
McCarty)
D. Proclamation
declaring the month of November 2007 as “National Adoption Month” in Palm Beach
County. (Sponsored by Commissioner
Greene)
E. Proclamation
declaring November 2007 as “Joey Bergsma Retinoblastoma Awareness Month” in
Palm Beach County. (Sponsored by
Commissioner Aaronson)
* * * * * * * * * * * *
NOVEMBER 6, 2007
5. REGULAR
AGENDA
A. ADMINISTRATION
1. Staff requests
Board direction: as to the handling of additional stakeholder
suggestions on what should be done to evaluate the impacts of mining within the
Everglades Agriculture Area (EAA). SUMMARY:
On September 11, 2007, the Board of
County Commissioners (BCC) accepted
the study entitled “Permitting Process Regarding Mining Impacts within the EAA”
and approved having staff implement the improvements listed in the Conclusions section of the
study. Implementation of those
improvements would provide for improved regulation and intergovernmental
coordination during the review process
dealing with mining in the EAA. After
the September 11, 2007 presentation of the results, there was concern expressed
by some stakeholders that the
permitting process was inadequate to address some of the issues dealing with
the impacts within the EAA as a result of mining activities. Based on those comments, the BCC directed
staff to seek additional input. Input
from the stakeholders contained some suggestions that may be able to be
accomplished through the current permitting review process. Other suggestions are beyond the scope of the
current permitting review process and would require substantial study effort.
Those additional comments that were received are presented today. Countywide/District
6 (MJ)
B. AIRPORTS
1. Staff recommends
motion to approve: a Retail
Concession Agreement with Paradies-Palm Beach, LLC, for the Palm Beach
International Airport. SUMMARY: The
Department of Airports issued a request for proposals (RFP) for the retail
concession at the Palm Beach International Airport (PBIA) on May 10, 2007. Paradies-Palm
Beach, LLC (Paradies), submitted the only responsive, responsible proposal to
the RFP. Staff is recommending approval of a Retail Concession Agreement with
Paradies, which provides for an initial minimum annual guarantee (MAG) of $1,350,000
and an initial capital investment of $4,558,500. Following completion of build-out of the new
concession facilities, Paradies will be required to pay the greater of the MAG
or a percentage of annual gross receipts.
Percentages vary based on the concession unit location. The proposal submitted by Paradies indicates
that the weighted average percentage rent for existing locations will be
20%. The percentages are summarized by
location in Attachment No. 1 of the Agenda Item. The MAG adjusts annually based on the greater
of the preceding year’s MAG or 90% of the preceding year’s percentage
rent. Paradies proposed construction of
four (4) additional concession locations at PBIA in addition to proposing
concepts for the existing locations. The
new locations include a FAO Schwarz/Beach Fun playground, two (2) 10-Minute
Manicure locations and a Tropical News kiosk.
The percentage rent for the Tropical News kiosk will be 22% of annual
gross receipts, which exceeds the minimum percentage rent established in the
RFP for similar locations. Paradies has
requested the County approve a percentage rent of 12% of annual gross receipts
for the FAO Schwarz/Beach Fun and 10-Minute Manicure concepts. The RFP allowed respondents to propose a
minimum percentage rent of 12% for up to three (3) concession locations;
however, the County is permitted to authorize additional locations at the lower
percentage, provided the locations are locally or nationally branded specialty
retail stores or provide personal services. Staff is recommending approval of the lower
percentage for the FAO Schwarz/Beach Fun and 10-Minute Manicure concepts
pursuant to the agreement because the concepts will increase the number of
retail concession opportunities at PBIA and overall revenues to the
County. The Agreement also provides for
25% participation by disadvantaged business enterprises. Countywide (AH)
NOVEMBER 6, 2007
5. REGULAR
AGENDA
C. FIRE
RESCUE
1. Staff recommends motion to approve on preliminary reading and advertise for Public Hearing on November 20, 2007, at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Section 26-51 of Chapter 26, Article II, Division 3, of the Palm Beach County Code; eliminating the Glades Regional Fire MSTU (Municipal Service Taxing Unit); amending the boundaries of the Fire Rescue MSTU to include the unincorporated areas formerly within the Glades Regional Fire MSTU; restating provisions describing the Jupiter MSTU; 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: The Glades Regional Fire MSTU currently encompasses unincorporated areas in the western portion of Palm Beach County. On October 1, 2006, Palm Beach County Fire Rescue began providing fire rescue services to the unincorporated areas within the Glades Regional Fire MSTU, which areas previously had been served by the Cities of Pahokee, South Bay and Belle Glade through contracts with the County. Effective January 1, 2008, Palm Beach County Fire Rescue will become the primary provider of Advanced Life Support emergency medical services and transport within the Glades Regional Fire MSTU, thereby providing services consistent with those provided within the Fire Rescue MSTU. This Ordinance will add to the Fire Rescue MSTU those unincorporated areas that currently comprise the Glades Regional Fire MSTU and eliminate the Glades Regional Fire MSTU. Countywide (SB)
2. Staff recommends
motion to approve on preliminary
reading and advertise for Public Hearing on November 20, 2007, at 9:30 a.m.:
an Ordinance of the Board of County Commissioners of Palm Beach County,
Florida, amending Section 26-51, Subsection (b), of Chapter 26, Article II,
Division 3, of the Palm Beach County Code; amending the boundaries of the Fire
Rescue MSTU (Municipal Service Taxing Unit) to include the Town of Lantana;
providing for effectiveness; providing for opt-out procedures; providing for
repeal of laws in conflict; providing for severability; providing for inclusion
in the Code of Laws and Ordinances; providing for captions. Summary:
The Fire Rescue MSTU encompasses the unincorporated areas of Palm Beach County
plus the incorporated areas within the municipal boundaries of municipalities
that have opted to join the MSTU. The
County has provided fire rescue services within the Town of Lantana (Town)
through Interlocal Agreements since fiscal year 1998 at a rate established by
the Agreements. The Town now desires to
opt into the Fire Rescue MSTU as a method to receive and pay for fire rescue
services from the County. This Ordinance
will amend the boundaries of the Fire Rescue MSTU to include the properties
within the municipal boundaries of the Town. Inclusion of the Town in the Fire Rescue MSTU
will not change the amount of revenue received from the Town for fire rescue
services. Countywide (SB)
NOVEMBER 6, 2007
5. REGULAR
AGENDA
D. HOUSING
& COMMUNITY DEVELOPMENT
1. Staff recommends
motion to approve:
A) Policies for the Residential Rehabilitation Program; and
B) Policies for the Emergency Rehabilitation Program.
SUMMARY:
The policies for the Residential Rehabilitation Program and the policies for
the Emergency Rehabilitation Program will be utilized by HCD to implement these
programs using Community Development Block Grant (CDBG) funds and/or State
Housing Initiative Program (SHIP) funds.
Both programs provide varying levels and types of housing rehabilitation
assistance to low income owner occupants.
These policies will take effect on this date and supercede all prior
polices. Applicants whose funding has
not been approved, and who submitted applications prior to this date, will be
allowed the choice of qualifying under these polices or under the ones in
effect at the time of application. The
funds used for these programs do not require a local match. Countywide (TKF)
E. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to adopt: a Resolution
authorizing the negotiated sale of Public Improvement Revenue Refunding Bonds,
Series 2007A (Biomedical Research Park Project) in the aggregate principal
amount of not exceeding $2,582,648 and Taxable Public Improvement Revenue
Refunding Bonds, Series 2007B (Biomedical Research Park Project) in the
aggregate principal amount of not exceeding $5,180,949 for the purpose of
paying, at or prior to maturity, the County’s outstanding Public Improvement
Revenue Note (Biomedical Research Park Infrastructure Project), Series 2006A
and Taxable Public Improvement Revenue Note (Biomedical Research Park
Infrastructure Project), Series 2006B and paying all costs necessary or
incidental to the foregoing; determining certain details of said Bonds;
awarding the sale of the Bonds pursuant to a negotiated sale; appointing a
paying agent and registrar for the Bonds; authorizing the proper officers of
the County to do all other things deemed necessary or advisable as to the sale
and delivery of the Bonds; and providing an effective date. SUMMARY: Bond counsel has concluded that the
refinancing of the Series 2006A & B Notes, described below, should be
accomplished separately from the bond issue planned for this year relating to
the Scripps project at FAU (the Scripps Bonds) for the following reasons: 1) In the event the Mecca site is sold, the County will need the
ability to prepay the Series 2007A Bonds.
The County has requested bids from Banks for the Series 2007A and Series
2007B Bonds, which will be fixed rate, 20 year bonds that can be prepaid at any
time without penalty. The terms of the
Scripps Bonds, which will be sold publicly, will prohibit prepayment for a
specified period of time. 2) By separating the pricing of the Series 2007A
& B Bonds from the pricing of the Scripps Bonds by at least 15 days, the
County will ensure that the tax-exempt status of the Scripps Bonds will not be
impacted by any tax issues related to the Mecca infrastructure refinancing. Because the original plan for the Mecca site
has changed, bond counsel has been working with County staff to review the
expenditures refinanced by the Series 2006A & B Notes to determine what
portion of the tax-exempt 2006A Notes can be refinanced on a tax-exempt or taxable
basis. The ultimate determination will
result in the final par amounts of the Series 2007A Bonds and the taxable
Series 2007B Bonds. The County will
accept the lowest bids submitted for the purchase of the Series 2007A & B
Bonds, which are expected to close on November 14, 2007. The Scripps Bonds are expected to be issued
in early December. Countywide (PFK)
NOVEMBER 6, 2007
5. REGULAR
AGENDA
F. PLANNING, ZONING & BUILDING
1. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on
December 18, 2007, at 9:30 a.m.; an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, amending Schedule “A” of Chapter
8.5, Article II, Palm Beach County Code (known as the “Code Enforcement
Citation Ordinance of Palm Beach County, Florida”): to update certain code
references; providing for repeal of laws in conflict; providing for
severability; providing for inclusion in the Code of Laws and Ordinances;
providing for a savings clause; and providing for an effective date. SUMMARY: This amendment updates the County’s Code
Enforcement Citation Ordinance, bringing Schedule “A”, which identifies the
types of violations and the fines associated with them, into conformance with
changes made to the Unified Land Development Code. Countywide (GB)
* * * * * * * * * * * *
NOVEMBER 6, 2007
6. BOARD
APPOINTMENTS
A. COMMUNITY SERVICES
(Homeless
Advisory Board)
1. Staff recommends
motion to approve: appointment
of the following community and business representatives to the Homeless Advisory Board for a term of
two (2) years, effective November 6, 2007:
Seat
No. Appointment Member
Category
17 Michelle
Diffenderfer Business
Representative
18 Susan
Guillama Business
Representative
19 David
Gury Business
Representative
20 Phillip
Lewis Business
Representative
21 William
Oberlink Business
Representative
22 John
(Jack) Scarola Business
Representative
23 William
Washington Business
Representative
24 Paul
Gionfriddo Private
Foundation
25 Shannon
Sadler Hull Private
Foundation
26 Suzette
Wexner Private
Foundation
27 Thomas
Bell Formerly
Homeless
28 Michelle
Carter Formerly
Homeless
29 Stephen
Johnson Formerly
Homeless
30 Vacant Formerly
Homeless
31 Leo
Abdella Faith-Based
Organization
32 Kerry
Gallagher Philanthropist
33 Judith
Aigen Housing
Authority
34 David
Zechman Hospital
Executive Officer
35 Ezra
Krieg General
Representative
36 Reverend
Andrew Sherman General
Representative
SUMMARY: On
May 1, 2007, the Board of County Commissioners approved a resolution
establishing the Homeless Advisory Board. The Advisory Board consists of sixteen (16)
core members who are principally elected officials or agency heads (or their
designees) and twenty (20) community and business members. The community and business member seats are
broken down as follows: seven (7) business representatives; three (3) private
foundation representatives; four (4) formerly homeless representatives; one (1)
faith based community representative; one (1) philanthropist; one (1) housing
authority representative; one (1) hospital executive officer: and two (2)
general members. In accordance with the establishing
resolution, the community and business representatives to this advisory board
are nominated by the core members. The
above slate of nominations for the community and business member seats was
approved by the core members on October 17, 2007. Countywide (TKF)
B. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
NOVEMBER 6, 2007
7. MATTERS
BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
NOVEMBER 6, 2007
8. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
NOVEMBER 6, 2007
9. COMMISSIONER COMMENTS
A. District
1 - COMMISSIONER KAREN T. MARCUS
B. District
2 - COMMISSIONER JEFF KOONS, VICE CHAIR
C. District
3 - COMMISSIONER ROBERT J. KANJIAN
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
10. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."
November 6, 2007 – 9:30 a.m.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
NOVEMBER 6, 2007
PAGE ITEM
1 ADD-ON: Executive Session at 1:45 p.m. in the McEaddy Conference Room to discuss negotiations with the
Communications Workers of America and impact bargaining with Amalgamated
Transit Union.
10 3A-11 DELETED:
Staff recommends motion to approve:
A) expenditure in the amount of $16,000 from the
Capital Outlay Fund to increase funding for Dillman Heights Speed Humps
Project; …(Project to be funded through Engineering Department) (Office of Community Revitalization)
11 3B-3* DELETED: Exhibit N
only on the Purchasing Contracts list.
(Performance Bond not received)
(Clerk & Comptroller/Purchasing)
24 3I-2 REVISED TITLE: Staff recommends motion to approve:
thirteen (13) fourteen (14) Agreements
totaling $261,234 $281,234 for the FY 2007-2008 Emergency
Shelter Grants Program (ESGP) with the following non-profit agencies, in the
amounts and for the activities indicated, for the period October 1, 2007 to
September 30, 2008: A) thru I)…okay
J)
Florida Housing Corporation - $20,000 for the prorated share of electricity
expense for 100 Homeless Disabled Adult Program enrollees at Florida Housing
Corporation’s Palm Beach Assisted Living Facility.
J)
K) Florida Resource Center for
Women and Children, Inc. - $21,000 for operation and maintenance expenses for
an emergency shelter; food vouchers and prescription medications to serve 135
homeless victims of domestic abuse;
K) L) The Lord’s Place, Inc. (Boynton Beach Family
Shelter) - $23,500 for operation expenses for a transitional housing facility
for 200 individuals in families;
L) M) The Lord’s Place, Inc. (Café Joshua) -
$20,000 for operation expenses of Café Joshua, to provide meals and other day
shelter services for 575 homeless guests who are referred for support services
by other provider agencies from throughout the County; and
M) N) Young Women’s Christian Association of Palm
Beach County, Florida (YWCA) - $20,540 for operation and maintenance of YWCA
Harmony House to provide emergency shelter for 402 homeless women and children
victims of domestic abuse. (HCD)
31 3K-5* DELETED: Staff
recommends motion to approve:
A)
an Interlocal Agreement with
the City of Belle Glade for the reimbursement of design and construction costs
related to potable water pipeline construction; and…(WUD)
38 4F ADD-ON: Certification of Appreciation to James Stuber for Unfailing Leadership and Dedicated Service for
24 years as the Chief Legal Counsel to Discover Palm Beach County and Palm
Beach County’s No. 1 Industry, Tourism.
(Sponsored by Commissioner Koons)
39 5A-1 DELETED: Staff requests Board direction: as to
the handling of additional stakeholder suggestions on what should be done to
evaluate the impacts of mining within the Everglades Agriculture Area
(EAA). (Moved to November 27, 2007
Workshop at 11:00 a.m.) (Admin./Water Resources)
40 5C-1 REVISED SUMMARY: The
Glades Regional Fire MSTU currently encompasses unincorporated areas in the
western portion of Palm Beach County. On October 1, 2006, Palm Beach County
Fire-Rescue began providing fire-rescue services to the unincorporated areas
within the Glades Regional Fire MSTU, which areas previously had been served by
the Cities of Pahokee, South Bay and Belle Glade through contracts with the
County. Effective January 1, 2008, Palm
Beach County Fire-Rescue will become the primary provider of Advanced Life
Support emergency medical services and transport within the Glades Regional
Fire MSTU, thereby providing services consistent with those provided within the
Fire/Rescue MSTU. This Ordinance will
add to the Fire/Rescue MSTU those unincorporated areas that currently comprise
the Glades Regional Fire MSTU and eliminate the Glades Regional Fire MSTU. This Ordinance also restates provisions
describing the Jupiter MSTU to provide a simplified description of the
boundaries. (Fire Rescue)
41 5E-1 REVISED TITLE: Staff
recommends motion to adopt: a Resolution authorizing the negotiated sale of
Public Improvement Revenue Refunding Bonds, Series 2007A (Biomedical Research
Park Project) in the aggregate principal amount of not exceeding $2,600,000
$2,582,648 and Taxable Public Improvement Revenue Refunding Bonds,
Series 2007B (Biomedical Research Park Project) in the aggregate principal
amount of not exceeding $5,200,000
$5,180,949 for the purpose
of paying, at or prior to maturity, the County’s outstanding Public Improvement
Revenue Note (Biomedical Research Park Infrastructure Project), Series 2006A
and Taxable Public Improvement Revenue Note (Biomedical Research Park
Infrastructure Project), Series 2006B and paying all costs necessary or incidental
to the foregoing; determining certain details of said Bonds; awarding the sale
of the Bonds pursuant to a negotiated sale; appointing a paying agent and
registrar for the Bonds; authorizing the proper officers of the County to do
all other things deemed necessary or advisable as to the sale and delivery of
the Bonds; and providing an effective date. (OFMB)
42 5F-1 DELETED: Staff recommends motion to approve on
preliminary reading and advertise for Public Hearing on December 18, 2007, at
9:30 a.m.; an Ordinance of the Board of County Commissioners of Palm Beach
County, Florida, amending Schedule “A” of Chapter 8.5, Article II, Palm Beach
County Code (known as the “Code Enforcement Citation Ordinance of Palm Beach
County, Florida”): to update certain code references; providing for repeal of
laws in conflict; providing for severability; providing for inclusion in the
Code of Laws and Ordinances; providing for a savings clause; and providing for
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 (*).